Issuu

26 Industrial Consumers Ask for Direct Supply from Gencos Discos must meter consumers, FG insists Chineme Okafor in Abuja About 26 industrial customers have elected to sign up to be supplied power directly from power generation companies

(Gencos) instead of from the distribution companies (Discos) under the eligible consumers’ scheme approved by the federal government in 2017, the government said yesterday

in Minna, Niger State. The eligible customers regime seeks to enable large users of electricity in Nigeria’s power sector get adequate supplies directly from power Gencos.

The Minister of Power, Works and Housing, Mr. Babatunde Fashola, disclosed that this number of industrialists were ready to engage the scheme at the August 2018 edition

of the monthly power sector operators meeting. He also stated that five industrial consumers were already benefiting from the scheme. “The eligible customer

policy was introduced on May 15, 2017, and the regulations to govern it were issued by NERC on November Continued on page 6

Concern Mounts over SEC’s Failure to Publish Accounts… Page 6 Tuesday 14 August, 2018 Vol 23. No 8518. Price: N250

www.thisdaylive.com TR

TODAY'S WEATHER

ABUJA 25°C-33°C

MAIDUGURI 31°C-31°C

UT H

& RE A S O

ENUGU 25°C-28°C

KANO 27°C-33°C

LAGOS 24C-27°C

PORT HARCOURT 20°C-30°C

Again, Buhari Declines Assent to Electoral Act Amendment Bill Use of card reader in jeopardy Presidency explains action today Appeal Court halts arrest of INEC chairman

Alex Enumah in Abuja President Muhammadu Buhari has again vetoed the Electoral Act Amendment Bill 2018, citing drafting issues, which he said might affect the interpretation and application of the principal act. According to the president in separate communications to the President of the Senate, Dr.

Bukola Saraki, and the Speaker of House of Representatives, Hon. Yakubu Dogara, cited by THISDAY, some of the provisions of the bill would adversely affect the operations of the Independent National Electoral Commission (INEC). The president was, however, vague about the offensive Continued on page 8

DSS, Police, AGF, Others Sued over Moves to Remove Saraki

Alex Enumah in Abuja

The Department State Services (DSS), Inspector General of Police (IG), Attorney General of the Federation and eight others have been dragged before the Abuja Division of the Federal High Court over alleged plan to impeach Senate President, Dr. Bukola Saraki, on account of his defection from the ruling All Progressives

Congress (APC) to the Peoples Democratic Party (PDP). Plaintiffs in the suit want an order of court restraining defendants in the suit from taking any unlawful or illegal action from removing the Senate president from office. Other defendants in the suit filed by Senators Rafiu Ibrahim Adebayo representing Kwara Continued on page 8

You Are Behaving Like Militants, Presidency tells PDP... Page 6

GOING PLACES... Vice President, Confederation of African Football (CAF), Mr. Amaju Pinnick (left), with Prime Minister of Cameroun, Mr. Philemon Yang, after a meeting with CAF delegation on 2019 African Cup of Nations (AFCON) hosting right awarded to Cameroun in Yaoundé…yesterday

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

TUESDAY, ͹ͼ˜ ͺ͸͹΀ ˾ T H I S D AY

PAGE SIX

You Are Behaving Like Militants, Presidency Tells PDP APC grounding Nigeria, opposition party replies Omololu Ogunmade and Onyebuchi Ezigbo in Abuja The presidency yesterday in Abuja criticised the Peoples Democratic Party (PDP) for its rejection of the outcome of last weekend by-elections in Kogi and Katsina States, accusing the PDP of behaving like a militant organisation. Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, made this accusation in the State House, while answering questions from journalists on prevalent cases of vote buying at Saturday's National Assembly by-elections in the two states and pointed out that vote buying was an offence in the country, hence the PDP should rather follow due process in expressing its grievances. Shehu, who also said every Nigerian had the responsibility to report cases of vote buying to relevant law enforcement agencies, added that resorting to militant behaviour by the PDP in registering its disagreement with the output of the poll was not the right attitude expected from a leading opposition party. He said, "One is to say that bribery of voters or vote buying is an offence in this country. I think that citizens who have evidence regarding this, have a duty to report to the law

enforcement agencies. This is the way to help the country. "Secondly, I think that it is not the right attitude for a political party, a so-called opposition leader to conduct their affairs like a militant organisation. A political party cannot be run like a militant organisation. If you have disagreement on the outcome of an election, they know the process and they know it because they abused it before. "You can see this is the clear difference from the kind of democracy the APC administration is trying to put in place from what they are used to. Willie Obiano of Anambra, same afternoon (he was declared winner), President Buhari said 'congratulations and well done.' We were happy we came second in the election. "That is the way it is. We lost a Senate seat in Osun. We didn’t try to bring down the roof, and on this that has happened in Cross River, did you hear Adams Oshiomhole saying he wants to shoot people? I think this is the difference we need." The presidential spokesman also said the victories of the APC at three of the four by-elections conducted by the Independent National Electoral Commission (INEC) at the weekend were attestations to Nigerians'

continuous confidence in the administration of President Muhammadu Buhari. He described the victories of the APC at the polls as epic, thanking Nigerians for their continuous beliefs in the government of Buhari. According to him, with the increasing confidence in the administration, both Buhari and acting President Yemi Osinbajo are determined more than ever before to deliver to Nigerians the change they promised them. Furthermore, he said the victories showed that Buhari still maintained his momentum in the polity, adding that they also showed that the APC would approach the 2019 general election with sheer confidence. Shehu also described the victories as clear statements that Nigerians no longer have time for politics of insult, mudslinging and subterfuge being played by the PDP. He also said Nigerians, by the gale of victories, were also stating that they were not cut out for the game being played by members of the National Assembly but were rather interested in the task of governance as he appealed to members of the federal legislature to have a rethink and approve presidential requests particularly on the 2018 budget.

"I like to speak to you about the fabulous shows of the APC in Katsina, Bauchi and Kogi, and even to some extent in Cross River States. All of these coming against the background of Ekiti State. "It is clear that from election after election, Nigerians are reposing confidence in the Buhari/Osinbajo presidency. Each of these election victories is considered to be epic in nature because none of these elections was an ordinary election. We are happy that we have won and on behalf of the president and the acting president, we like to say thank you to Nigerians who continue to repose their confidence in the leadership of the APC administration. "We also want to thank the leadership of the party at the national level, but equally important, to thank all the party's apparatchiks deployed to all the campaigns and ensured that all the elections were won handsomely by APC. "So, we are expressing our gratitude to everyone for these that had happened and to say that with this increasing confidence reposed in the president and the acting president, who are determined more than ever before to leave no stone unturned in order to bring the promised change to Nigerians.

"For a quick review, maybe one, two, three or four lessons can be taken from the victories that the party has been recording. First of all is to say that these decisive victories are indications that clearly, Nigerians have spoken that President Buhari maintains his momentum. That these victories place Buhari/Osinbajo presidency in very good stead for next year's election. "It is a statement of the fact that the APC will go into election next year with every confidence that the elections will be won and that Nigerians by this statement, will also say that they no longer have time for politics of insult and diversion, mudslinging and 'monkey dey work, baboon dey chop' politics of the PDP, and equally important is that these election victories are a clear message to the National Assembly that all that Nigerians are interested in is that the business of government should go on. "That Nigerians are saying that they are not interested in the drama; they are not interested in the grammar, the subterfuge and all of the games that are being played in the National Assembly. I think it is appropriate this time to appeal to the National Assembly to be on the same page with the President Muhammadu Buhari

administration so that we can deliver on all of these things. They are urgent matters that need to be attended to including matters of shortfall in money supply for the execution of the budget," he added.

APC Grounding Nigeria, Opposition Party Replies In a swift response, the PDP described the APC as an unstable party whose administration had almost grounded the progress so far made in the country. The PDP's spokesman, Mr. Kola Ologbondiyan, in a text message to THISDAY said the President Muhammadu Buhari-led APC administration had been moving at a snail speed without delivering on its promises. Kola said, "How can the presidency call PDP militant when they parade a factional national chairman that jumps, runs, and squats and speaks all at the same time. What can be more militant than that? "The presidency has been moving at a snail speed in the last three years and by so doing regressed all the activities of our nation. We are not interested in their name calling as Nigerians have resolved to vote them out in 2019."

Concern Mounts over SEC’s Failure to Publish Accounts Goddy Egene

The failure of the Securities and Exchange Commission (SEC) to publish its annual accounts since 2014, a development that violates the Investment and Securities Act (ISA) 2007, Code of Corporate Governance and extant rules at the capital market has continued to cause anxiety in the market. But SEC has attributed the situation to the prolonged delay by the federal government in reconstituting a board for the commission, almost three years after the previous board was dissolved. The ISA provides that the board of SEC is responsible for the financial management of the commission and requires the commission to, not later than three months after the end of each year, submit to the minister and the National Assembly, a report on the activities and administration of the commission during the immediately preceding year and, shall include in such reports, audited accounts of the commission and the

report of the auditor on the accounts. However, the regulator of the nation’s capital market has been without a board since 2015, a situation many market operators and investment analysts have continued to condemn. The inability of SEC to render its accounts, which is traceable partly to lack of a board, is already casting a moral burden on the commission in the area of corporate governance. Explaining the nonpublication of its accounts, the Acting Director General of SEC, Ms. Mary Uduk, said recently that it was because they were yet to be signed. “I want to say it here and very clearly that the accounts of the SEC, all the accounts have been well prepared and audited. But we have not placed it on our website for a reason and the reason is that they have not yet been signed. That is the only reason why the accounts are not placed on the website,” she declared. THISDAY checks showed

that more challenges are ahead for the regulator, given the thinking of some listed companies. The chief executive officer of a listed firm told THISDAY that if the federal government continues to delay the composition of a board for SEC, which is in violation of its laws, then some of them would stop complying with sanctions that border on corporate governance issues. “The way it is going, some of us (listed companies) will not comply with sanctions by SEC when it comes to issues that border on corporate governance because you cannot punish me if, for instance, I violate any corporate governance provision, where you who is imposing the sanction on me, has been in violation of that law for years,” the CEO said. Already, the implementation of the 10-year Capital Master Plan by the commission is being affected by lack of a board. And Mohammed Garuba, who is an investment banker and co-founder of

CardinalStone Partners recently told THISDAY that the issue of SEC board DGs must be fixed urgently. He said, “We need to fix this because you know that once you put people there you would need to give them time to implement strategy. Once you call someone an interim DG there are limits to what that person can do. So, while this DG is competent, she is limited because she doesn’t know what will happen. “So, there are many things she cannot start and that delays everybody. We need to take the capital market seriously because it is a structural issue where she has her strategies and she can communicate it properly and she can appraise herself and look at things whether on a periodic basis within her tenure. “We already have a master plan strategy, so whichever DG comes in, you must take from that master plan and implement your own section. So right now, she is limited in her ability to execute. This must be fixed very quickly.”

Before now, another investment banker, who has been interfacing with both foreign and high net worth investors over the years in the market, had told THISDAY that if the capital market does not operate efficiently, there is no way the government and other corporate can raise money to grow the economy. “We are talking about financing the budget, we are talking about infrastructure projects, and all these are better sourced from the capital market. But I can tell you that while the Nigerian market has potential to provide significant part of the funds, most investors are still reluctant to bring their money because they believe the absence of a board for SEC is highly discouraging,” he said. Also, a senior stockbroker, who also spoke on the condition of anonymity, pointed out that the commission that had been talking about ensuring good corporate governance in the market and yet, does not have a board. “The sanctity of the

26 INDUSTRIAL CONSUMERS ASK FOR DIRECT SUPPLY FROM GENCOS 1, 2017. The purpose was amongst others to improve the distribution side and facilitate better power supply to consumers who consume up to two megawatts and above. From reports reaching me, five industrial customers are now benefiting from the policy. And they are taking their power directly from the Gencos,” said Fashola. He further said, “We also have a list of 26 industrial customers who are seeking to benefit from the scheme,” adding that Mainstream

Energy, which operates the Kainji and Jebba hydro-power plants had reported to him that it collected 100 per cent of the invoice it issued to its eligible customers in the last two months. To get the Discos to support the eligible customers’ scheme, Fashola said he had asked the Nigerian Electricity Regulatory Commission (NERC), to work out and implement competition transition charges as provided by law to safeguard them from any

losses. He also indicated that the N701 billion payment assurance guarantee, which the government approved for the Nigerian Bulk Electricity Trading Company (NBET) has ensured the Gencos now get up to 80 per cent of their monthly invoices as against his claims they got only 20 per cent before now. “Since its implementation in 2017, recovery of payments by Gencos has increased from 20 per cent to 80 per cent, and

the power supply capacity has improved from 4,000 to 7,000 megawatts, and there is an appetite now for other players to participate in the generation side of the business,” Fashola noted. Speaking again on the challenges of the sector, the minister insisted the Discos still had most of the sector’s challenges. He added that even with the introduction of the Meter Assets Providers (MAP) by the NERC, the Discos were still obligated to supply meters to their

customers. He said, “Those who know and who genuinely desire to solve problems in this industry do not need to be told that the most pressing challenge of the sector today lies at the distribution end. “Among the challenges at this sector of the value chain, and there are problems in gas, generation and transmission, the most urgent are distribution of available energy to consumers, and Continued on page 8

market is dependent on our governance. For the international community to see us as being serious, we must be seen to have a structure in existence and if we do not have a structure what is the moral justification to ask others to have structures. With good structures, international community will be assured of accountability and transparency in our financial system,” the broker said. The operator added that without a board, any joint action SEC is having with other regulatory bodies in the financial system cannot be firm because most action taken by people on acting capacities are not regarded to be very strong and committed.

TOP GAINERS ETERNA UACN COURTVILLE CAVERTON INTERBREW TOP LOSERS MUTUAL BENEFITS UNIONDAC LIVESTOCKFEEDS

NGN NGN 0.65 7.20 1.00 14.00 0.01 0.21 0.09 1.99 1.45 33.45 NGN 0.03 0.33 0.03 0.30 0.06 0.63 WEMABANK 0.05 0.63 NSLTECH 0.02 0.27 HPE Nestle Nig Plc ₦ 1,560.00 Volume: 160.433 million shares Value: N2.214 billion Deals: 3,120 As at yesterday 13/08/18 See details on Page 31

% 9.9 7.6 5.0 4.7 4.5 % 9.0 9.0 8.7 7.3 6.9

T H I S D AY ˾ TUESDAY AUGUST 14, 2018

ͻ ŽŶƟŶƵĞĚ ŽŶ ƉĂŐĞ ϯϲ

TUESDAY, ͹ͼ˜ ͺ͸͹΀ ˾ T H I S D AY

NEWS

Video of Cash Found in Daura’s Home Fake, Says DSS Senator Iroegbu in Abuja The Department of State Services (DSS) has said the video circulating on social media in which several items were said to have been recovered from the Katsina and Abuja homes of its immediate past Director General, Lawal Daura, is fake. The DSS in a statement signed by Mr. Tony Opuiyo, yesterday described as nonexistent, the alleged recovery of N21bn cash; 400 assorted

and sophisticated small arms and light weapons/ rifles; and thousands of Permanent Voter’s Cards (PVCs) belonging to Niger Republic immigrants. Opuiyo noted that in another video also in circulation, some persons believed to be personnel of a security outfit were seen forcing open safes stocked with money. He said that the security operatives, who were described as executing a recovery operation at the

Katsina home of the former DG, SSS were faked. "Consequently, the service wishes to inform the public that these videos are false and should be disregarded. So far, no such recovery operations have been undertaken by the EFCC or any other security agency at DSS’ office or residences of the former DG," he said. He stressed that different interests had continued to give varied accounts of the incident of last week at the National Assembly.

He, however, recalled that the presidency had pledged to carry out a detailed investigation regarding the alleged National Assembly siege. He advised members of the public to exercise restraint in their narration of events and as such, desist from spreading fake news or engaging in activities that may mislead or further cause a breach of the peace as well as preempt the outcome of investigations.

Daura

AGAIN, BUHARI DECLINES ASSENT TO ELECTORAL ACT AMENDMENT BILL provisions even as the veto meant a rejection of the use of electronic card readers for the conduct of the 2019 general election, which many political analysts said would make the nation’s electoral process cleaner. This is the second time the president would be vetoing alterations to the electoral law. The Senior Special Assistant to the President on National Assembly Matters, Senator Ita Enang, however, confirmed to THISDAY on phone last night that his boss declined assent to the second amendment bill for stated reasons, adding, however, that a third bill on the same subject that was passed on July 24, 2018, was pending before the president. “I will make a clear statement on it tomorrow,” he said. Buhari had in March this year rejected the amendment to the electoral law, which altered the sequence of elections placing the National Assembly election first, followed by presidential election while governorship

and state Houses of Assembly elections would hold last. “Section 25 of the principal act, may infringe upon the constitutionally guaranteed discretion of the Independent National Electoral Commission (INEC) to organise, undertake and supervise elections provided in Section 15(A) of the third statue to the Constitution;” he had said. The Court of Appeal, however, ruled earlier in the month that the National Assembly has constitutional powers to order the sequence of election. Ironically, the rejection of the bill would now render useless and inapplicable, the president’s provisioning for purchase and upgrading of new electronic card readers for the INEC as part of the N242 billion 2019 election budget. The Supreme Court had ruled that while the card reader and other electronic devise would enhance the transparency of the electoral system, it was, however, not part of the electoral law.

It was in an attempt to legalise the devise that the federal legislature decided to codify and include it in the electoral law. “We see this as not only disingenuous but hypocritical for a president who won election following introduction of card readers but has now turned around to reject it. What is he (Buhari) afraid of,” a ranking lawmaker said out of frustration yesterday. “Remember, he rejected the first bill because of sequence of election. We then decided to remove it from the bill and all other concerns the president raised, and we sent the bill with the hope that he will sign it since these concerns have been addressed,” he said.

Appeal Court Halts Arrest of INEC Chairman In a related development, the Court of Appeal, Abuja Division has ordered a stay of execution of the warrant of arrest on Chairman of INEC,

Prof. Mahmoud Yakubu, pending the determination of his appeal. Justice Stephen Pam of the Federal High Court in Abuja, had on August 1, 2018, ordered for the arrest of Yakubu, following his absence in court on three different occasions, to show cause why he should not be committed to prison over his alleged disobedience to the order of the court. Justice Pam, also in a short ruling on August 8, reaffirmed the order, when Yakubu on the last adjourned date failed to show up. His counsel, Chief Adegboyega Awomolo (SAN), had informed the court that Yakubu was not in court as a result of the appeals he filed at the appellate court challenging the court's jurisdiction to entertain the contempt charge, the legality of the charge as well as the arrest order. The INEC chief in the notice of appeal claimed that Justice Pam acted in bad faith in the issuance of the arrest order because he

had already filed a pending appeal against the order and the attention of the judge drawn to the appeal. When the matter came up yesterday, counsel to the INEC chief, told the court that he had filed an application challenging the judgment of the lower court as well as its jurisdiction to hear the matter, adding that the application was supported by a further affidavit dated August 10, praying for the appellate court to make five orders in favour of his client. Awomolo said if the appeal was not heard by the time the court would be sitting in September, his client would have been sent to prison, adding that the lower court was bent on sending Yakubu to jail. However, counsel to the respondents, Mr. Goddy Uche (SAN), insisted that the trial was yet to reach the stage where Yakubu could be jailed, adding that what the trial court was asking for was for the INEC chief to appear in court to show cause why he should not be

committed to prison. He said the trial judge had been unable to deliver his ruling on the contempt charge because of Yakubu's continued absence in court. However, the trial could not proceed further, following the court's decision to avoid going into the substantive matter. The three-man panel of the court of appeal, presided over by Justice Abdu Aboki, held that it would be better for the court to take the appeal and the substantive suit together. The court in the meantime then ordered for a stay of execution of the warrant of arrest on Yakubu as well as a stay of proceedings of the matter at the trial court. The court in a short ruling held that hearing of the appeal could not go on without delving into the main suit, adding that parties were yet to file their brief of argument. The matter was, therefore, adjourned till September 17, 2018 for the hearing of the appeal and the substantive suit.

factionalisation at the federal, state and local government levels prompting many senators including the Senate President to defect and join parties of their choice. Misau further averred that the defection of the senators did not go down well with the APC leadership and have been threatening and boasting that the office of the Senate President has become vacant by virtue of decamping to another party. The senator claimed that unless the defendants and their agents are restrained from taking laws into their hands the constitution of Nigeria would not only

be breached and violated but would also plunged the entire country into a constitutional and social crisis of immense magnitude because of their threat that Nigeria will not know peace unless the Senate president is unlawfully removed. As at the time of filing this report, no date has yet been fixed for hearing of the suit. Meanwhile, the National Chairman of All Progressives Congress (APC), Mr. Adams Oshiomhole, met with the party’s senators last night in Abuja. No statement was made on its outcome as the meeting was said to be a private one.

DSS, POLICE, AGF, OTHERS SUED OVER MOVES TO REMOVE SARAKI South senatorial district and Isa Misau, Bauchi Central senatorial district respectively include; the Senate, Senate President, Deputy Senate President, Senate Leader, Senator Ahmed Lawal, Deputy Senate Leader, Senator Bala Na’Allah, Deputy Minority, Senator Emmanuel Bwacha, Clerk of the Senate and Deputy Clerk of the Senate. In the fresh court action filed yesterday in Abuja with suit number: FHC/ABJ/ CS/872/2018, the plaintiffs argued that if the order is not granted the action of the defendants is capable of plunging the entire country into a constitutional and social crisis of immense magnitude. In the originating summons filed on their behalf by Mr. Mahmud Magaji (SAN), the plaintiffs want the court to determine whether in view of the provision of section 50(1)(a) and (2) of the 1999 Constitution, Saraki, who defected to another political party as a result of division in his former party can be made to vacate his office other than in accordance

with section 50 of the Constitution. Plaintiffs also want the court to determine whether Saraki can be compelled to vacate his office on the grounds that he is not a member of the political party with majority of senators in the Senate in view of the combined reading of section 50 of the constitution and Order 3, Rule 8 of the Senate Standing Orders. The court was also urged to determine whether the Senate president can be said to have vacated his office by virtue of section 50(2) of the constitution when he has not ceased to be a member of the Senate or the Senate dissolved. In a motion on notice filed along with the originating summons, the plaintiffs prayed the court for an order of interlocutory injunction restraining the 4th to 11th defendants jointly and severally either by themselves, their agents, servants and privies from unlawfully removing the Senate President pending the hearing and determination of the substantive suit.

They also prayed the court for another order of interlocutory injunction restraining the 9th to 10th defendants from unlawfully interfering with the lawful legislative duties of the Senate President pending the hearing and determination of their originating summons. Besides, the plaintiffs asked for an order of interlocutory injunction stopping the 10th and 11th defendants from harassing, intimidating, arresting or detaining the President of the Senate in respect of the lawful exercise of his duties pursuant to section 50(1) of the constitution and another order directing parties in the case to maintain status quo pending the determination of the substantive matter. The motion was predicated on a seven grounds among which were that the agents of the Inspector General of Police and DSS have taken steps to flagrantly breach the provision of section 50 by employing their agents to disrupt the plenary of the Senate without recourse to the said provision. Another ground was that

the constitutional provision of removal of the Senate President does not empower the AGF, police and DSS to unlawfully interfere with the legislative duties of the Senate by causing a blockade at the premises of the national assembly complex or using their agents to disrupt the lawful duties of the Senate. In a 13-paragraph affidavit in support of the motion on notice and deposed to by Senator Isa Misau, he averred that the Senate is a body recognised and established by the 1999 Constitution vested with powers of making laws for the good governance and well-being of the Federal Republic of Nigeria. The deponent averred that the Senate held a plenary sitting between July 24 and 27 and that it was presided over by its president and that at the end of the sitting members adjourned to September 25. The senator claimed that the APC as a platform for the Senate President had been bedeviled by crisis resulting in divisions and

2 6 I N D U ST R I A L C O N S U M E R S AS K F O R D I R E CT S U P P LY F R O M G E N C O S there is an unused energy in the region of 2,000 megawatts in this category. The other, of course, is the supply of meters to consumers. These two issues of power distribution and supply of meters rank highest in the feedback from the stakeholders in the industry.” On metering, he said the MAP as part of its

objectives was introduced to address meter supply gaps, provide relief to the Discos of the financial burden of supplying meters, and allow entrepreneurs to get involved in the business of meter supply through diversified sources, but that it did not end the Discos’ obligations to provide meter to their customers.

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ˜ ͯͲ˜ ͰͮͯͶ

COMMENT

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

NASS INVASION AND SECURITY AGENCIES’RECKLESSNESS Jude Ndukwe argues the need to curb the excesses of the security agencies

he Tuesday, August 7, 2018, illegal invasion of the nation’s foremost democratic institution has attracted widespread condemnation not only from well-meaning and good spirited Nigerians, but it has also drawn the ire of the international community. As much as that was one occasion that exposed the heightened tyranny Nigerians have come to live with and endure under the Buhari presidency, it was nothing but an advanced symptom of the executive lawlessness that has pushed the nation to the precipice. Unfortunately, this recklessness has assumed a very dangerous dimension that nobody knows what our security agencies hold in stock for the citizens tomorrow. Almost on a daily basis, the nation is awoken to one rude shock or the other of citizens’ brutalisation, torture and even murder by our security agencies paid to protect us. And no matter how we look at it, analysts have also agreed that such irresponsible actions which have been left unchecked by relevant authorities is the fault of the president who has obviously lost control of security forces directly under his office and powers. This loss of control has worsened the security situation in the country as violent crimes such as armed robbery, kidnappings, ritual killings, Fulani herdsmen terrorism and renewed attacks on our military by the dreaded Boko Haram terrorists have all increased in dreadful proportions. Analysts have also said that the undue rivalry, unnecessary bickering, lack of cooperation and absence of the needed synergy among the respective security agencies have not helped the situation. Even the National Security Adviser (NSA) Babagana Monguno, lamented this ugly trend at an interactive session with the Senate that got so worried about the unfortunate development that it had to intervene in order to save Nigerians from the grip of common criminals. Babagana Munguno, in the Senate ad hoc committee report, regretted that his functions as NSA have been hijacked by the security agencies leading to the uncontrolled acrimony and rising indiscipline among them. In its findings, the Senate ad hoc committee set up under the leadership of Dr Olubukola Saraki, observed that its investigations show that the security agencies have been divided into camps with the Economic and Financial Crimes Commission (EFCC) and the NSA belonging to one group and the NIA and DSS belonging to another. Such a grim reality, yet, with such damaging reports and the recommendations made, it is quite unfortunate that President Buhari has neither deemed it fit nor been able to arrest the ugly situation. Are Nigerians then surprised that after the illegal invasion of the National Assembly by officers and men of the DSS, blames are being traded among the presidency, the president’s party, the All Progressives Congress (APC), the police and the DSS? The irreparably broken cohesion, rivalry and indiscipline among these agencies have exposed them to the easy manipulation and politicisation by politicians from the ruling APC as they have been illegally deployed to ride rough shod on our constitution and rule of law. For example, just few days after Governor Samuel Ortom left the APC, the EFCC froze the accounts of the state government without any judicial process and even against the settled trite by the courts that only the auditor-general and House of Assembly of a state have the legal right to look into the finances of a state government. The wicked action of the EFCC which

THE UNDUE RIVALRY, UNNECESSARY BICKERING, LACK OF COOPERATION AND THE ABSENCE OF THE NEEDED SYNERGY AMONG THE RESPECTIVE SECURITY AGENCIES HAVE NOT HELPED THE SITUATION

surely has no basis in law was obviously executed out of vindictiveness and in vengeance for the defection of Ortom to the opposition PDP, and was also extended to the Akwa Ibom State government in an attack on the government and good people of the state reportedly at the behest of the APC who only recently received a former chieftain of the PDP, Godswill Akpabio, former governor of the state, into its fold. As if to confirm that its action was merely in response to political manipulations of the ruling party, the EFCC quickly unfroze the accounts of the two states after a torrent of criticisms from Nigerians. Given this scenario, and the vows made by several APC lawmakers and chieftains including their chairman and those in the presidency to remove Saraki by all means, it was not surprising that the DSS succumbed to the fascist dictates of such party to execute the hatchet job carried out against the National Assembly on that Tuesday, an action which many have rightly described as a “coup”. The police are certainly not immune to such manipulations as they have, at one time or the other, also fallen prey to the ravenous appetite for abuse of our laws, constitution and democratic institutions. The police were used to attempt to carry out an illegal invasion of the Benue State House of Assembly where they gave security cover to eight of the members and locked out both staff and the other majority 22 members with the hope that the minority members who have a Speaker that was barred by a court of competent jurisdiction having been legally removed by the needed majority number, would be used to impeach the defected governor. Although their plans eventually failed but the assembly members were only given access and the siege to their assembly dismantled after the sack of Lawal Daura sent jitters into them. Political opponents, pro-democracy activists, groups and ordinary citizens have tasted the bitter pills of the police albeit illegally. The unbearable excesses of the police’s Special Anti-Robbery Squad, (SARS) has remained a sour point, torturing citizens and brutalising them at will, a situation which has led to the unabated calls from Nigerians for it to be scrapped. The atrocities of the police especially under President Buhari are legion, yet, the president seems helpless, weak and unconcerned. These lapses have given some foreigners, as declared by government officials, the leverage to take advantage of the gap in our security architecture to freely terrorise our citizens, kidnap, rape, and butcher them with reckless abandon under the guise of farmers/herders clashes. Added to this grievous dereliction of duty by the Buhari administration is that no one is being prosecuted today for those heinous crimes against our people. This is nothing but an abysmal failure on the part of the president who has direct control over the failed security agencies. It is generally agreed among Nigerians that more of our citizens have been be murdered by common criminals within Buhari’s three years of assuming office than we probably have had since the inception of the 4th republic. Having failed on this front and many more, it will be most unfortunate and inconsiderate for Buhari to still be talking of going for a second tenure. jrndukwe@yahoo.co.uk

THE BATTLE FOR DELTA NORTH It is a toss between Nwaoboshi and Nwoko, writes Nosike Ogbuenyi

s the various political parties finalise the ground works to conduct their primary exercises to nominate their candidates for the Senatorial election, the intra party race promises to be keen in Delta North District. Already, the contest has thrown many contenders to the fray across the political parties. In the race within the ruling Peoples Democratic Party [PDP] are the incumbent senator, Peter Nwaoboshi, a former member of the House of Representatives, Prince Ned Nwoko and a former commissioner in the state, Mr. Paul Oseji. The aspirants on the platform of All Progressives Congress [APC] are Mr. Gabriel Oyibode; a former member of House of Representatives Hon. Doris Uboh; Mrs. Mariam Ahmadu Ali and Mr. Smart Madu Ajaja. Despite the large number of contenders, political pundits have narrowed the contest to a two horse fight between PDP’s Nwoko and Nwaoboshi. The reasons for their line of calculation are underscored by the fact that Delta North has been a PDP stronghold since the inception of the present democratic order in 1999 till date and the status quo ante is most unlikely to change in 2019. In addition, the incumbent governor of the state, Dr. Ifeanyi Arthur Okowa is from Delta North Senatorial District and the home crest remains a huge boost for all PDP candidates from the district in particular. This reality explains why the two powerful contenders are locked in a crunchy and bitter struggle over who is the rightful person to fly the flag of the PDP. For them, the day of reckoning is Saturday September 18, 2018, the date their party has fixed for the conduct of its primary election to

nominate its senatorial candidates. From the camp of the Ibusa, Oshimili North Local Government Area-born Nwaoboshi the political horizon at home forebodes uncertainty as a result of Nwoko’s ferocious challenge and the issue of perception which the election has thrown up. His fate as the senator hangs precariously as the battle rages on diverse fronts both within and without the districts. And as they prepare and steady their war chests for the ultimate showdown at the PDP primary, it is apt to appraise the standing of the two apparatchiks with regard to their arsenals and soft underbellies. For Prince Ned Nwoko, a former member of the House of Representatives between 1999 and 2003, the scale seems tilted in his favour. A well-heeled, sophisticated, philanthropic and chivalrous politician of populist hue, Prince Nwoko achieved fame as a successful international lawyer and arbitrator. The Paris Club refunds which the Nigerian states and local governments are reaping today are products of Nwoko’s intelligent and tenacious efforts as an international arbitrator. The debonair statesman, naturalist and culture enthusiast is used to playing on the big stage, be it at state, national or global level. His teeming supporters expect that he would use his vast connection and goodwill to attract investments and general development to Delta North. Ned Nwoko’s massive followership in the district accords him the visage of invincibility in any free and fair election there. The people relish his frank and unpretentious way of life and politicking. He has no time for window dressing and praise singing that are the bane of politics in some parts of the country. Besides, helping the downtrodden is in

his DNA as testimonies abound in the district of his kind acts including scholarship awards, empowerments, succour for the physically challenged and the sick among others. Nwoko is not without some alleged drawbacks. He is said to be too independent minded, strongwilled and difficult to control. His image managers have however debunked the criticisms while stressing that some of the so-called faults like his will power and open-mindedness are not necessarily weaknesses but attributes of good leadership. On his part, Senator Nwaoboshi cannot be said to be a pushover in politics particularly that of Delta State and the PDP. Under the current democratic dispensation, he started as the Delta State Secretary of PDP in 1999 and was later appointed commissioner during the administration of former Governor James Ibori. From the State Executive Council, he moved on in 2007 to become the state chapter chairman of PDP. Nwaoboshi has a large network of support base mainly among the upper political class with whom he has worked closely and associated over the years. This is where his greatest strength in the race is drawn from. He has a former governor of Delta State, Chief Ibori as his professed godfather whose support he hopes to count on. He is considered a very rich politician with deep pocket to draw from especially when the chips are down. In the run down to the current contest, he is alleged to have been wheeling out stocks of gifts like motorcycles, sewing machines, refrigerators and hair dryers in frenetic attempts to woo party delegates, stakeholders and leaders across the district. Nwaoboshi also has the advantage of incumben-

cy going for him being a serving senator. He enjoys an added influence and spec as the chairman of the Upper Chamber’s strategic Niger Delta Affairs committee. Among others, his committee oversights the Niger Delta Development Commission [NDDC] an intervention agency of the federal government for the provision of critical infrastructure in the oil-bearing Niger Delta region. His powerful biceps notwithstanding, the obstacles to Nwaoboshi’s success in the race appear legion. The most daunting of the hurdles is his negative public perception in Delta North. He is seen by many as a selfish political player with miniature consideration for the welfare of the majority of his constituents. Despite the fact that Nwaoboshi has been a recurring decimal on the political stage in Delta State for about 20 years, his stature and rating in the eyes of the electorate in Delta North are below par. Some Anioma people are unhappy that his chairmanship of the Upper Chamber’s strategic Niger Delta Affairs committee including the NDDC brought no tangible dividends to Delta North. The number of NDDC projects in the district is adjudged by the critics to be scanty compared with other districts. Even at that most of them are abandoned, partially done or very poorly executed. It is thus in the area of individual baggage that Senator Nwaoboshi may face serious hurdles which may truncate his aspiration before the general elections. He is still engrossed in court cases and running battles with the Economic and Financial Crimes Commission (EFCC). Ogbuenyi, a former Group Politics Editor of THISDAY wrote from Abala-Uno, Ndokwa East LGA, Delta State

T H I S D AY TUESDAY, AUGUST 14, 2018

EDITORIAL FUNDING THE 2019 ELECTION

The National Assembly should rise above partisanship as they deliberate on the INEC budget

s the National Assembly suspends its two-month recess for Wednesday’s emergency meeting to consider the budget for the 2019 election, the crucial questions being mulled over by many are: will they rise above the fray? Will they tackle the problem

expeditiously? These are hardly comforting questions. President Muhammadu Buhari had written to the National Assembly before he travelled for vacation to consider a supplementary budget to the tune of N242b for the conduct of the 2019 general election. According to the president, N164b would be vired from the N578b the legislators had ear-marked for constituency projects in the 2018 budget while the balance of N78b, made up of mostly personnel allowances, fuelling and related expenses would be provided for in the yet to be prepared 2019 budget. Indeed, while signing the 2018 budget on June 20, President Buhari raised the alarm that the lawmakers had tampered with the ﬁnancial docuWHY IS THE BUDGET FOR THE 2019 ELECTION ment. The framing JUST BEING SENT SOME of the letter on the supplementary budget FEW MONTHS TO THE by the president was ELECTION? WHY WERE a poignant reminder THE PROVISIONS NOT that the executive has not forgotten MADE IN THE 2018 nor given in on the BUDGET? “insertions” in the budget, an indication that the fractious war between the executive and the legislators is still very much alive. Aside the recent blockade of some members from accessing the National Assembly by goons from the Directorate of State Services (DSS), an event many interpreted as a gradual relapse into authoritarianism, the stance of the executive on constituency projects will likely make negotiations far harder on an issue of urgent and major signiﬁcance to the polity. Besides the N164b virement proposal on the election, the president wanted an additional N65b deducted from

Letters to the Editor

the amount for constituency projects because of “ﬁscal constraints.” Against the background of the acrimony in the polity, several pertinent questions persist: Was there some form of discussion and agreement with the leadership of the National Assembly on this proposal? Given the long catalogue of disagreements between the two, why is the president so sure that the National Assembly will buy into this proposal? What happens if the parliament turns down the proposal? Perhaps, some more fundamental questions: why is the budget for the 2019 election just being sent some few months to the election? Why were the provisions not made in the 2018 budget?

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

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

ndeed, the main opposition party, the Peoples Democratic Party (PDP), like many others, is rightly concerned about the implications of all this for the polity. The party said that the request by the president was a booby trap deliberately set to drag the elections into a ﬁnancial controversy and ultimately subvert the entire democratic process. Already, a worried INEC is raising concerns about the delayed funding which could affect its preparation for the elections. “As you know, our procurement process is very cumbersome and to make procurement, it may take up to four months and this may affect what we are doing at INEC,” said one its ofﬁcials last week. The 2019 general election is less than 200 days away. There are other worrying issues. The legal framework for the election is still pending as the president is yet to assent to the Electoral Amendment Bill 2018 sent to him since June 25. The electoral commission is winding down the registration of voters this week, even as some 17 million people reportedly were yet to collect their permanent voter cards (PVCs). What’s the essence of the registration if the cards will be abandoned? There are so many issues to deal with by INEC and other critical stakeholders as we move into the electioneering season. But the most important at this point is for the National Assembly to rise above partisanship as they deliberate on President Buhari’s request on Wednesday.

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.

SHAZIN AND KWALI COUNCIL’S POTENTIAL

s chairman of Kwali Area Council, Federal Capital Territory, Hon. Joseph Shazin is firing on all fronts in terms of showcasing the numerous potential of Kwali council and by extension Abuja to all parts of the world. This was made manifest during his recent official trip to South Africa. His mission in South Africa was at the instance of the national secretariat of the Association of Local Governments of Nigeria (ALGON). As the FCT chairman of the association Shazin was invited to participate at the African Economic Development Summit which held at Emperor’s Palace Kempton Park, Johannesburg, South Africa. The summit was aimed at strengthening the economic development of African municipalities and local governments with a view to realising the millennium development goals at the third tier of government. Before now, it seemed as the implementation of the millennium development goals was majorly focused on the urban centres, states and federal levels. The summit also delved into finding workable ways and means of ensuring that the people at the third tier of government are not excluded in the realisation and delivery of the objectives of the millennium development goals in African countries. The summit also sought to expose and equip the participants which included the Kwali area council boss with the necessary tools and information on how to achieve the goals and objectives. Such tools will aid them in the economic development of their

area councils as well as avail them of new innovations in service delivery. Principally the African Economic Summit was focused on strengthening Pan-African partnerships among the municipalities and enhance the exchange of good practices among the peoples and the leaders. Mr Shazin also used the opportunity of the South African trip to woo potential investors to Kwali area council bearing in mind the availability of arable land for agricultural activities, huge opportunities in pottery- making which has already been made famous with the legend of pottery-making, Dr. Ladi Kwali of blessed memory. Lest we forget, the achievements of this woman still reverberate gloriously across the globe. The Kwali area council boss no doubt showcased Kwali to the gathering of the distinguished audience of municipalities’ leaders in Johannesburg. There is no doubt that there is a growing yearning among the electorate in the municipalities and local governments for better service delivery, and the realisation of their hopes and aspirations as encapsulated in the mandate they had entrusted on the shoulders of leaders like Joseph Shazin. In South Africa he gave a good account of his constituency by promoting the numerous investments, economic and agricultural potentialities in the area council. He was also able to establish linkages with other chairmen of municipalities across Africa. Since his assumption of office, Joseph Shazin and his team have been delivering on his promises to the people of the area council. In simple parlance he has been delivering democracy dividends to

the residents of the area council with prompt payment of salaries, rehabilitation of dilapidated infrastructure; provision health facilities; empowerment of the indigenes through education and award of scholarships to indigent students. He has also continued to enhance the security of the area council by working closely with the traditional rulers and other community leaders, and this has helped to improve security of lives and property in the area. Going by his achievements, Joseph Shazin has emerged as one of the best municipal chairmen in Africa. His inclination towards the well-being of his constituents is not only remarkable but unsurpassable. As things stand today the people of Kwali area council, Gwagwalada, Kuje and other surrounding communities are desirous of supporting Shazin in his aspiration to contest for the position of member, Federal House of Representatives. He continues to enjoy the goodwill and mammoth support of the constituents of FCT Abuja South federal constituency and the upcoming 2019 election will afford them the opportunity to once again appreciate his service to the people. At the end of the day the major determinant of victory for Shazin in the coming election will be how he has been able to deliver many projects to his people with the limited resources at his disposal, and this can be attributed to the prudence and accountability he has brought to bear in the running of government affairs in Kwali area council. Chukwudi Enekwechi (JP), Abuja

T H I S D AY • TUESDAY, AUGUST 14, 2018

POLITICS

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

TRENDING NEWS

From Minority Leader to State Opposition Chief Okon Bassey chronicled events at the Ikot Ekpene Stadium when the former Senate Minority Leader, Senator Godswill Akpabio, declared for the All Progressive Congress

s early as 8am on Wednesday, August 8, the Ikot Ekpene Stadium was filled to capacity. For event billed for 1pm, the people showed a clear enthusiasm to be part of the proceedings. The formal reception of the former Senate Minority Leader, Senator Godswill Akpabio into the All Progressive Congress (APC) was billed as one of the biggest landmark occasions in the country. The venue was beautifully decorated with many aspirants for different political offices using the rally to showcase their ambition. The APC in the state had been boasting that its rallies were naturally attended by members while other parties like the Peoples Democratic Party (PDP) depended on hiring its crowd. The mammoth multitude was overwhelming and one could not say the scheme deployed in assembling the crowd was different from other political parties. Women in various colours of attires and head ties formed the largest number at the rally. Some of those who attended the rally included PDP members who came to see for themselves if the defection of Senator Akpabio was a reality. The defection was witnessed by the Federal Government delegation led by the Acting President, Prof Yemi Osinbajo who was represented by the Secretary to Government of the Federation, Boss Mustapha, the National Chairman of APC, Comrade Adam Oshiomhole, the National Leader of APC, Senator Bola Tinubu, more than 25 APC Senators led by the Senate Leader, Senator Ahmed Lawan and Edo State Governor, Mr. Godwin Obaseki. Those who joined Senator Akpabio to defect from PDP to APC at the rally were two members of the House of Representatives, Emmanuel Ekon representing Abak Federal Constituency and Emmanuel Sunday Akpan representing Ikot Ekpene Federal Constituency, two State House of Assembly members, Nse Ntuen representing Essien Udim state constituency and Gabriel Toby representing Etim Ekpo/Ika state constituency, Deputy State Chairman of the PDP, Godswill Afangide, immediate past secretary to the state government, Etekamba Umoren, immediate past Deputy Inspector General of Police, Udom Ekpo Udom, a former Chairman of National Broadcasting Commission, Obong Otu Robert Akpan, two commissioners, Mr Victor Antai and a brother to Senator Akpabio, Barr Ibanga Akpabio just to mention a few. At the rally, Osinbajo said the APC government of was recommended to the people of Akwa Ibom state because it had delivered on all its plans. “We are growing the economy, the security is being improved despite of all its challenges. With Akwa Ibom coming on board things will turn around in the Niger Delta region. He praised the defectors for joining the APC and urged those who were in the stadium to go back to their various homes and communities to sing the song of change. Promising a fresh beginning for the people, Tinubu said that an APC government in the state will provide the much needed progress and development because the party has clear vision. The other party has no vision. For 16 years we gave them opportunity to change Nigeria but they failed. They believe in sharing and looting of the treasury. Today, Buhari came with aggressive ideology saying we must account for all our money. With the one treasury account we know how much Nigeria has. It is a war between progressive and conservative. It is a war of ideology. Those people believe in sharing, we believe in the government of the people for the people and by the plenty. They are the leaders of yesterday, we are the leaders of today, tomorrow and many years to come. We believe in investing in the people. One thing we give priority to is the education, infrastructure development and the economy. They now rally round to remove President Buhari. One thousand lizards cannot

Senator Godswill Akpabio at the defection ceremony at-Ikot Ekpene Township Stadium

be as fat as one single antelope. They cannot create that change. We are progressives. That is the difference between the two of us. When Akpabio was changing a party that gave him the ticket and Senate Minority Leader, at one of our meetings he told me, tomorrow I am going to resign my position of minority leader in the senate that is honour and character. It is not normal talent that develops a nation; it is character, reliability, integrity, commitment that is what Akpabio is demonstrating.” The National Chairman of the APC, Comrade Oshiomhole called on Akwa Ibom leaders to unite for change. Oshiomhole said he was excited by the Senator Akpabio defection to the APC describing it as uncommon defection and historic. He lauded Akpabio for sacrificing his position as Senate Minority Leader to join APC and to help Buhari build a better Nigeria expressing optimism that the ex-governor would bring his transformational qualities into strengthening and boosting the party in the South-south zone. “There are two forces that are at war now. Those forces who are saying it is their birth right that Nigeria must continue to remain underdeveloped; it is their right to continue to share the resources of the people and President Buhari says ‘no you have done it for too long. For 16 years you were doing it, now enough is enough. Those of you who have already stolen I am going to take you to prison. They

The former minority leader said he had consulted widely before taking the decision to leave PDP saying he strongly believes that Akwa Ibom and the entire South-south and Niger Delta should be linked to the centre

said why should you say so. For too long they were playing the match against APC. We were watching now we take the ball to their goal post. We are not looking from penalty kick. We want to score clean goals.” On his part, the Leader of APC Senate Caucus, Lawan said the defection of Senator Akpabio to APC has swallowed all previous defection describing it as one being greater than fourteen. “This is one defection that has shaken the PDP to its very foundation. This is a very uncommon Nigeria patriot, uncommon senator, a nationalist who believes in a united and stable Nigeria. He believes in the administration of President Buhari. From this moment on, Senator Akpabio is a full-fledged APC caucus member.” He stated that even though when Akpabio was a minority leader in the state, he never called him opposition leader because he has always considerate in opposing government. “He has always considerate of the national interest. What he did was meaningful opposition unlike what we do in this country. He was always conscious of the fact that we need to stay together in peace and we need security. Today, you are no more a minority leader you are welcome to the big and large family of APC in Nigeria. Your influence has gone beyond the National Assembly. It has gone beyond Ikot Ekpene or Akwa Ibom, your influence is across the entire length and breadth of Nigeria.” Addressing the crowd the Managing Director of Niger Delta Development Commission (NDDC), Mr. Nsima Ekere, said with the latest exodus into the APC from the PDP the people of Akwa Ibom State were now overwhelmingly with the APC. Ekere who is being rumoured as the likely governorship candidate of APC in the 2019 election said it was clear that the party was heading for a clean sweep in the elections in the state. “By the grace of God and with Godswill Akpabio and others coming to us, we will return President Muhammadu Buhari in Akwa Ibom State and win the governorship election,” Ekere predicted. “With what is happening today, I can boldly say that Akwa Ibom State is totally APC.” The NDDC boss commended Akpabio for heeding the call of his people in his senatorial district to join APC, pointing out that the people of the senatorial district had totally expressed dissatisfaction with the performance of what they called the clueless PDP state government. Ekere who had a brief tenure as a deputy governor to Akpabio noted the superlative performance during his tenure

as Akwa Ibom State Governor which earned him the sobriquet, “Uncommon Transformer.” He assured Akpabio that the incoming APC administration in the state will complete the abandoned Ikot Ekpene - Uyo Road and open the Four-Points-By- Sheraton Hotel, Ikot Ekpene, which the Akpabio Administration had completed and commissioned. Explaining his reason of leaving PDP, Senator Akpabio said he was a nationalist who believes in the progress and development of the country saying when the country is passing through difficult period like this all hands must be on deck to salvage the situation. “Some people have called me a conspirator I am a nationalist, when the country is at war all hands must be on deck to salvage the situation. This is a difficult time for Nigeria, insurgents are attacking us. In the period of national emergency, everybody must put hands together to support the government to bring peace to the people. “Some people have called me a conspirator for joining the progressive I will like to be a conspirator who join hands to conspire to bring food to the table, I will like to be a conspirator who join hands to bring peace to the people of Benue state, I will like to be a conspirator who join hands to stop the killing in the country, I will like to be a conspirator who join hands to ensure full employment for our children, I will like to be a conspirator who brings about uncommon transformation of Nigeria. “This is a moment of uncommon change; uncommon change has come to Akwa Ibom, South-south and Niger Delta. As I stand, there are a lot of petitions against me to EFCC. These petitions were sorted out. I have never been charged to court because nothing was found in my governance of Akwa Ibom State,” he said. The former minority leader said he had consulted widely before taking the decision to leave PDP saying he strongly believes that Akwa Ibom and the entire South-south and Niger Delta should be linked to the centre. “The South-south cannot stay on its own. We must partake in the sharing of what is ours. We don’t believe in segregation South-south as minority state cannot stand on its own. What I have done today is take the people of South-south to the centre. I link Akwa Ibom to the centre. Those who said I am a traitor (don’t know what they are talking about). I can never be a traitor. The high point of the rally was conferment on Senator Akpabio as the Leader of APC in Akwa Ibom State.

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ˜ ͯͲ˜ ͰͮͯͶ

FEATURES

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

Edosomwan: Catering to Society’s Socio-economic and Intellectual Needs is My Passion Dr. Johnson Edosomwan is an Edo-born businessman, philanthropist, and presidential candidate of the Nigeria Democratic Congress Party. In this interview with Mary Nnah, Edosomwan discusses his humanitarian works, his foundation, which he has deployed as an instrument for touching lives in different countries, and his new book, Nigeria: Progress Begins with me: A Roadmap for Nigeria Transformation, published as part of his presidential agenda, that he plans to launch in Lagos, Abuja, London, Amsterdam, Canada, and USA. Excerpts:

hat does your book seek to achieve? “Nigeria: Progress Begins with me”, presents challenges faced by the nation as a young democratic country, including but not limited to: leadership, economic growth, infrastructure, lack of good governance, poverty, corruption of leaders and electorate, education, healthcare, security, and inefficient structures, among others. It offers a roadmap for addressing the challenges above. The roadmap sets the pace for transforming Nigeria into a multidimensional economy, creating jobs for men, women, and youth, and securing communities. The roadmap focuses on all aspects of infrastructure including water, electricity, roads, bridges, and airports, as well as upgrades to power sources using solar and wind technologies. The current trade deficit is addressed with emphasis on technological advancement in electronics and cyber security, and partnership for progress with other democratic nations around the world. In the book, my vision calls on all Nigerians, both at home and abroad, to unify and transform Nigeria into a worldclass democratic nation where every citizen contributes and lives peacefully in safe and secure communities free from corruption, poverty, violence, regionalism, and tribalism, and a modern nation that provides access to jobs, clean water, clean air, electricity, infrastructure, education and health care. It will transform Nigeria into a forward looking nation whose multidimensional and robust economy eagerly embraces the advancing technological age and prosperous nation that will make our citizens and Creator proud. The framework presented for the transformation of Nigeria stresses ownership and accountability for the implementation of best practices at all levels. I believe that Nigeria’s progress begins with me and each and every one of you using our unified talents, abilities and experience to make Nigeria a great nation.

My vision calls on all Nigerians, both at home and abroad, to unify and transform Nigeria into a worldclass democratic nation where every citizen contributes and lives peacefully in safe and secure communities free from corruption, poverty, violence, regionalism, and tribalism

It was a very strong awakening for me that people in my hometown were suffering and I felt I should not allow this to continue. Initially, I kind of brushed it off but then, the more I tried to brush it off, the stronger the awakening was. So I had to pray and I got a confirmation that I should go ahead and this is where we are today. We registered our political party this year and got approval on January 10, 2018, and just then we started to put offices in different states, held conventions and right now we are at the ward level. We going to the end of the finish line, we are going to fight a good fight and win. Have you ever contested for any political post before now? No, I haven’t contested for any political position before. We have been looking in from the outside for too long. It’s time for us to come in and implement the best practices to solve Nigerian problems. I’m coming in on the platform of the Nigeria Democratic Congress Party (NDCP). Just as I am new, the political party is new too. But the age of the political party doesn’t matter. One of the reasons we formed a political party is because it was very difficult for us to join the existing ones simply because we didn’t have anything in common. There were the issues of corruption, accountability, ownership and a whole lot of other things. We didn’t want to be a part of something we really cannot support. With NDCP, we are running to win and not to lose. We have offices now in all the 32 states and we are going to go to every ward and every location to fight for every vote.

Who is the target audience for the book? The book, which is targeted at Nigerians of voting age in general, most especially youths and the women, will be launched in Lagos, Abuja, London, Amsterdam, Canada and USA. The book is going to be running concurrently with the Johnson Edosomwan Foundation, which has been touching lives across the world, including constructing potable water projects in the six geopolitical regions in Nigeria What do you do presently for a living? I spend a lot of time coaching top executives across the globe. I am a senior executive coach. When CEOs of the Fortune 500 and Fortune 100 companies and all of the other multinational organisations, are in trouble, they come to me and I advise them on what to do to run effective and transformational organisations. I also own a technology firm where we invest in technology. I own a real estate company, which means I have been developing real estate housing and affordable housing for people in addition to many other businesses I own as well. However, one of my key jobs today is in the Christian

Edosomwan

world. I coach churches, as well as not for profit organisations, on how to be successful. When did you begin to nurse the

MARY NNAH

desire to lead Nigeria? It was just about a year ago that I had this definite feeling that I had to do this.

As a newcomer, what inspired your decision to be at the helm of affairs of the country? I have come to realise that the problem that Nigeria has is the problem I have solved all through my life. I have done these things in large organisations and countries and in the course of these, I have solved all kinds of problems that Nigeria is going through today and I can do the same if I am elected the president of Nigeria. I am a pioneer in the whole issue of leadership and so I know how to lead and manage people. But

T H I S D AY ˾ ˜ ͯͲ˜ ͰͮͯͶ

INTERVIEW

I also know how to follow; I know how to build teams and how to work with diverse group of people. We are a very diverse country with people from different tribes and regions; I have the ability to bring these various groups of people together to work for the nation. And I can do even more if I have the opportunity of being the president of Nigeria. What precisely are the present day Nigerian leaders lacking? I don’t want to focus on the leaders but on where Nigeria is today. Nigerians can judge the performances of their current leaders, but in terms of the things that need to change - we have a lot of unemployed youths and we have to create jobs for them. Over the years, we have relied so much on oil, now we want to branch off to manufacturing, service, healthcare, education and infrastructure. When you look at healthcare, it is only rich people that can afford it, but the poor have nothing to take care of their health; the women don’t even have access to working capital to begin a trade nor do some of the things that they would like to do. We only have about 15 per cent of our productivity due to lack of electricity. You can go on and on - all of these various aspects in the Nigeria system needs to be transformed. How exactly are you going to bring about this transformation? We have a six-point agenda, first we want to create jobs for the suffering youths out there. We want to create the jobs in multidimensional facets, which include job creation in manufacturing, healthcare, education, infrastructure, roads, bridges and so forth. We want to create at least seven million jobs per year. Secondly, we want to create multidimensional industry, moving away from just relying on oil as our only source revenue. Every car I see in Nigeria today is imported, so we want to start manufacturing our own cars and motorcycles here in Nigeria. We have Nigerians that have training to do that. The reason why we don’t have industries here is because investors are running away due to lack of electricity. We want to create solar energy, wind energy, hydroelectricity and even nuclear energy, if we can. All of these options are in the open onto the table. Right now in every facet of Nigeria, you only have 15 per cent productivity and 85 per cent of that productivity is wasted because they lack electricity to do their work. The roads are not good, so we want high speed rail. I was going from Ikeja to the airport and it took us two and half hours sweating, a journey that would have taken us about five minutes. So those are the issues that we want to deal with. The average Nigerians are suffering and we want to turn their suffering to success. Political leaders in the past years made lots of promises that amounted to nothing. How are we sure you are not going to do same? First of all, you have to look at my track record. For the last 35 years, I have not only built but designed, built, monitored and led various organisations. I have done that around the world. Recently, I was given Platinum award for political leadership by the Chief Executive Officers (CEO) Club of Nigeria. The award was given to me in Abuja by the Club’s CEO, Mr Elvis Enyioko under the chairmanship of Ambassador Ibrahim Gambari. So it is now time for me to come and give back to my country. I want to use the same innovation and creativity to help my own country. And as part of the strategies to reform Nigeria I have published a book titled, "Nigeria: Progress Begins with me: A Roadmap for Nigeria Transformation”. A book published as part of the solutions to lingering Nigeria problems. Having seen the suffering in the land and how several past leaders have been unable to see solutions to the lingering problems inspired the book. And it is to assure Nigerians that there is still hope, if the rightful candidate is voted into power. First, you are from the minority part

Edosomwan

of Nigeria, Edo State, secondly, your political party is very new in this terrain and, thirdly, you have never played politics in Nigeria before. What gives you the confidence that you would be successful in this race?

We have a six-point agenda, ﬁrst we want to create jobs for the suffering youths out there. We want to create the jobs in multidimensional facets, which include job creation in manufacturing, healthcare, education, infrastructure, roads, bridges and so forth. We want to create at least seven million jobs per year. Secondly, we want to create multidimensional industry, moving away from just relying on oil as our only source revenue

First of all, we are running to win; we are not running to loose and we can do this by the grace of the Almighty God and by the will of the of the Nigeria people. We have reached out to many people and the fact that I am from a minority state of the country does not mean we cannot win. That is not the right thinking because we want to bring best practices to change the nation. And for those that are reading this, we hope they would give us a chance so that they can see the benefits in what we can do in less than three years to turn the economy, the dollar value and the nation around, as well as put the right infrastructure in place.

the warlords, the godfather issue. Because some godfathers think unless they give you credibility, you cannot do anything but I think the masses will prove them wrong in my case.

How committed is your wife and family to your political vision? She has always supported all that I need to do. And have always told my wife and children that whenever God asks me to do something, you can either support me or you just step aside and watch me go through what I am doing and then pray for me while I am going through it but in this particular one, we are all together on it, because they believe there is suffering in the land and that we need to do this.

What word of advice do you have for Nigerians, especially during these tense political moments? I will tell every Nigerian to keep faith, hope and their enthusiasm alive. Just because of the fact that things have been tough in the past does not mean that things will continue to be tough forever. I will tell every Nigerian to just wait a moment; better days are yet to come. I will tell every Nigerian to work with us because they are likely to be beneficiaries of what will happen when we take charge of the nation soon. I want people to be able to look at the situation with optimism and with the hope that we can together build a very lasting and progressive future.

If there is one problem you will want to face once you assume power, if elected, what would that be? I would say perhaps the whole issue of

If your political party needs to align with another political party, which party will you prefer? I think the question you need to ask is: Which party will align with us? That will be the party that has the value system of honesty and integrity and also stands for implementing best practices to change Nigeria. We would be in alignment with any political party that wants to do that.

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY • TUESDAY, AUGUST 14, 2018

BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT

A S

A T

A U G U S T

REPO 8.42 9.25

CALL 1-MONTH 3-MONTH

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

1 0 ,

2 0 1 8

S & P INDEX 7.17 10.24 11

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

EXCHANGE RATE 355.72% -0.03% 0.18% 0.43% 7.96%

N306/1US DOLLAR AS AT LAST FRIDAY

Quick Takes CIBN UK to Host Conference The Lagos Chamber of Commerce and Industry (LCCI), The Chartered Institute of Bankers of Nigeria United Kingdom, an international Branch of the Chartered Institute of Bankers of Nigeria (CIBN) has concluded arrangements to hold its first Nigerian international bankers conference with the theme, ‘The Challenges of Regulatory Changes and De-Risking,’ expected to hold in London. The conference is expected to hold from Thursday, August 30 to September 1, 2018. A statement from the institute disclosed this. “An onslaught of complex and broad ranging regulations has affected the global banking industry—with more to come. “High-performing banks must view this as an opportunity to create competitive differentiation. The right strategic regulatory response can lead beyond survival to profitable growth in the new environment,” the statement added.

Fidelity Bank Partners Anambra Govt

Expert Urges NLNG to Sell First Train 7 Output in 2022

Fidelity Bank has signed a partnership with the Anambra State government through the Anambra State Broadcasting Corporation (ABS) to promote Igbo language and culture. The promotion would come through a television series titled, ‘Nduka,’ which would run in Igbo language on the stateowned television station, ABS. The series would address the fear of the dying Igbo language and culture which has been severally expressed by most promoters of the language. The Managing Director, Chief Executive Officer of the station, Mr Uche Nworah told journalists during a press briefing to herald the premier of the series that the programme would promote salient Igbo cultures which are unknown to younger generation. Nworah said the series is one that is suitable to be watched together by family members of all ages. “It will air in Igbo and would be suitable for people of all ages.” Also addressing journalists, the Divisional Head, Brand and Communication, Fidelity Bank, Mr Charles Aigbe, said, “We are delighted to partner Anambra State. We are an SME-friendly bank, and the movie industry is one of the major drivers of the economy today, and we are glad to be of help in the industry.”

Chineme Okafor in Abuja

FCMB Partners Foundation

CLOSING GONG CEREMONY

L–R: Managing Director/CEO, United Capital Plc, Mr. Peter Ashade; Non-Executive Director, Africa Prudential Plc, Mr. Peter Elumelu; Chairman, Africa Prudential, Mrs. Eniola Fadayomi; Head, Risk Enterprises, Nigerian Stock Exchange (NSE), Mr. Tunji Kazeem; Managing Director/CEO, Africa Prudential, Mr. Obiong Idiong, Chief Operating Oﬃcer, Catherine Nwosu and Ag. Head, Listing Business Division, NSE, Tony Ibeziako, during the closing gong ceremony at the NSE in Lagos…recently

The Nigeria Liquefied Natural Gas (NLNG) Limited has been advised to consider getting the first output of liquefied natural gas (LNG) from its upcoming Train 7 to the market in 2022 instead of 2024 which it recently said was its target. This advise, according to a global energy business expert, Mr. Dan Kunle, was because by 2024, NLNG could lose strategic market advantage to countries such as the United State, Australia, Mozambique and even Tanzania, which are currently doing big LNG

ENERGY projects take could increase their market share. Kunle said this in an interview with THISDAY. His counsel, however came at a time the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, tasked the NLNG to expand its production capacity beyond Train 7 to be able to catch up with other countries and secure significant market shares. “Although your market today is focused on externalisation, you will soon see government policies drive you towards

internalisation very rapidly. So, you need to grow those volumes for the teeming population we have. I challenge you to look at this and grow from the 30mtpa you are talking of now to about 40mtpa over the next 30 years,” Kachikwu had explained. But Kunle insisted that, “For Train 7 to hit the market, 2022 would have been the most ideal date if we are to be strategic in our market share catchment because between now and 2024, America would have advanced in their production capacity of LNG because they have nothing less than four LNG projects as

we are talking now and you can imagine what they will put in the market with that.” He further stated, “Nigeria should fast-track the additional capacity and make sure it is in the market place by 2022, and you don’t know how many plants will be commissioned in Australia – Perth because there are lots of LNG projects there. “I would also not be surprised if Mozambique and Tanzania would not have brought their LNG into the market by then because they are working consistently.” Continued on page 22

More Investors Eye Cooking Gas Market as FG Removes VAT Ejiofor Alike The Executive Director in charge of Commercials at the Pipelines and Products Marketing Company, (PPMC), a subsidiary of the Nigerian National Petroleum Corporation (NNPC), Mr. Billy Okoye has said that with the efforts of the NNPC and the Federal Inland Revenue Service ( FIRS), the federal government has removed Value Added Tax (VAT) on locally produced cooking gas, thus providing opportunities for investors in the liquefied petroleum gas market.

ENERGY The VAT imposed on the LPG produced by the Nigeria LNG Limited has made the product costlier than the one imported from a country like Equatorial Guinea. But with this latest development, the efforts by the federal government at enhancing the domestic penetration of the product are now boosted while more consumers may embrace the product. According to Okoye, the issue of VAT on LPG from Nigeria LNG has been dealt

with. Okoye said in Lagos that the NNPC was in the forefront of championing the penetration of LPG in the domestic market. The President of the Nigerian Association of Liquefied Petroleum Gas Marketers (NALPGAM), Mr. Nosa OgievaOkunbor, while distributing about 500 cylinders free of charge to some consumers in Lagos, said it was imperative to develop effective policies to encourage investors to come into the LPG sector to deepen market penetration, boost the country’s economy and protect

the environment. He commended the government for setting up a committee to look at the issue of VAT on locally produced LPG which he said has made the product to reach the consumers The price of 12.5 kg cylinder of cooking gas has risen from N 3, 800 in N4, 000. Similarly, the price of 6kg cylinder has risen from N 7, 900 to N 8,500, and 3kg from N 3, 200 to N 3,700. According to him, the price of 20 metric tonnes (about 35,000 Continued on page 22

Activate Success International Foundation has gone into partnership with First City Monumental Bank (FCMB), under the aegis of ‘Activate Success Int’l Foundation Youth Entrepreneurship and Empowerment Programme’ to mentor members of the National Youth Service Corps (NYSC) on practical steps to become successful entrepreneurs. The event tagged ‘Youth Entrepreneurship and Empowerment Programme’ (YEEP), took place in Abuja, Imo and Benue, at the orientation camp auditoriums of the NYSC and was led by a team of professionals and celebrities such Nollywood actor-Desmond Elliot, CEO of Vodi Tailors- Seyi Adekunle, Samson Itodo Executive Director YIAGA and the founder of Activate Success International Foundation- Love Idoko, among others. Activate Success International Foundation has gone into partnership with First City Monumental Bank (FCMB), under the aegis of ‘Activate Success Int’l Foundation Youth Entrepreneurship and Empowerment Programme’ to mentor members of the National Youth Service Corps (NYSC) on practical steps to become successful entrepreneurs. The event tagged ‘Youth Entrepreneurship and Empowerment Programme’ (YEEP), took place in Abuja, Imo and Benue, at the orientation camp auditoriums of the NYSC and was led by a team of professionals and celebrities such Nollywood actor-Desmond Elliot, CEO of Vodi Tailors- Seyi Adekunle, Samson Itodo Executive Director YIAGA and the founder of Activate Success International Foundation- Love Idoko, among others.

We are saying come and regularise that situation and get back your shares which are being warehoused somewhere. There is absolutely no punishment attached to it, the SEC is not punishing anybody. We just want such individuals to come and regularise that transaction between now and 31st December 2018

Acting DG, SEC, Mary Uduk

T H I S D AY • TUESDAY , AUGUST 14, 2018

BUSINESSWORLD EXPERT URGES NLNG TO SELL FIRST TRAIN 7 OUTPUT IN 2022

According to him, Nigeria had wasted too much time on getting the Train 7 project off the ground. This, he added had made it difficult for the country to comfortably take up market shares. “It would have been more strategic for them to have 2022 because the market is competitive, America is ramping up now. By that 2024 that they are talking about, America would have already hit 40 million tonnes per annum (mtpa) and occupy the space in the market, while we would be dragging. “They say they will take FID by December, why not September. The horse-trading is too much. When Cheniere LNG started in Louisiana, they were LNG receiving terminal and NLNG was going there to deliver but now they are going to begin to export to places like China while we don’t even have a regasification plant in Nigeria,” Kunle explained. MORE INVESTORS EYE COOKING GAS MARKET AS FG REMOVES VAT

litres) of the LPG, which was N4 million has been increased to N4.6 million Ogieva-Okunbor said the removal of VAT on the gas supplied to marketers by the Nigerian Liquefied Natural Gas (NLNG) would attract more investors and reduce importation of gas into the country, which is VAT free. He also called for the reduction of import duty on LPG equipment in a bid to encourage more investors to come in and deepen LPG consumption in the country. He said it was a shame that Nigeria remained one of the lowest consumers of LPG despite the enormous natural gas reserves in the country. “Our position is that the government has to provide the enabling environment for more people to come in. We must remove VAT on the LPG and reduce import duties on the equipment. “When this is done, more investors will come into the market and that will help the country a great deal,” he said.

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

Setraco Shareholders, Directors at War over Control of Company Court asks minority directors to appear on Thursday Davidson Iriekpen All is not well at Setraco Nigeria Limited as its shareholders are currently entangled in a battle over the management of the company. Already, a Federal High Court in Abuja has asked members of minority shareholders, Inu Umoru and Son Nigeria Limited, Abu Inu Umoru, Ignatius Aigbokhade and five others, to show cause why an order of interim injunction should not be granted against them for continuously accessing and drawing on overdraft facilities from Zenith Bank Plc and Diamond Band Plc despite the suit filed against them by Setraco International Holding and five others. In the suit filed by the majority shareholders, Setraco International Holding, Said Khalaf, Tania Khalaf Raja Touma and Chabel Abdallah, sued the minority shareholders: Inu Umoru and Son Nigeria Limited, Abu Inu Umoru, Ignatius Aigbokhade Aladasanmi Adekunle, Afizu Inu Umoru, Sifawu Inu Umoru Momoh, Setraco Nigeria Limited, Lee Obomegie and Ray Chaudhuri, over the shareholding structure of the company. The majority shareholders served a special notice indicating their intention to remove the directors nominated by Inu Umoru and Sons Limited for the way they have wrongly managed the affairs of the company. They rushed to court. But the court ordered the parties to maintain status quo. Subsequently, the Setraco International led by Khalaf and three other directors who were excluded brought

an action seeking for a number of injunctive remedies. The presiding judge, Justice B.O. Quadri, also ordered the respondents to show cause why the injunctive relief sought in respective of the overdraft facilities should not be made against them. The judge made the order after listening to Ogunmuyiwa Balogun. The case resumes on Thursday, August 16. Setraco Nigeria Limited, one of the few successful con-

struction company in Nigeria with substantial indigenous participation is embroiled in an intractable shareholders and directors dispute over the control of the management of the affairs of the company resulting to the suit. There have been multiple suits and counter suits in court involving not just the shareholders and directors, but the Corporate Affairs Commission (CAC) has now been dragged into the disputes by the minority shareholders

in the company and a group of directors nominated by the minority shareholders (the minority directors). From available court processes, it is alleged that the minority directors repeatedly acted without concurrence of the full board, and executed far-reaching decisions to the detriment of the company, in a manner capable of causing financial loss to the company and its members. It was alleged that the minority directors have also excluded

other members of the Board of Directors of the company (the majority directors) from participating and voting at the company’s meetings. The majority directors initiated a process to pass special resolutions to remove the minority directors; however, the minority directors proceeded to court to forestall their removal. The minority directors also filed a petition alleging that the affairs of the company are being run in a manner prejudicial to their interest.

REWARD FOR LOYALTY

L-R: Business Development Manager, Unilorin Branch, Skye Bank, Mr Samson Ajayi; Regional Head, South-West I, Mr Abimbola Akorede; Grand Prize Winner, Damilola Rachael Ajayi; Dean, Student Aﬀairs (UNILORIN), Prof. Tajudeen Ajibade; Head, Retail Product Development, Mr Lekan Faleye and Group Head, Ilorin Business Area, Mr Folorunso Omolowo, during the presentation of prize to the winner of the ‘Skye Campus Plus Ref ‘N’ Win’ promo in Ilorin…recently

NNPC Targets 15,000MW Gas-based Power Generation in Three Years Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has disclosed it is targeting the supply of about five billion standard cubic feet per day (bcfd) of gas to Nigeria’s domestic market, from which about 15,000 megawatts (MW) of electricity could be generated in the next three years. It also said Nigeria was poised to provide as much as 10 per cent of the world tradable fertiliser in no distance time, producing between seven and 10 metric tonnes per annum (mtpa) of fertiliser and 5mtpa of methanol amongst other petrochemical products that could be produced with the 5bcfd of gas. Speaking at the recent the 42nd Society of Petroleum Engineers (SPE) Nigerian Annual International Conference & Exhibition (NAICE) in Lagos, the Chief Operating Officer (COO) Upstream of NNPC, Mr. Bello Rabiu, said the country could leveraging its gas resources to diversify its economy from its overdependence on oil revenue. Rabiu, noted there were seven critical gas development projects the NNPC was involved in, which when

completed, would bring the domestic gas supply to a supply level of about 5bcsfd in the next three years. He added, “With 5bcfd domestic gas supply, Nigeria will have sufficient gas to generate 15GW of power; 7–10mtpa of fertiliser; 10mtpa of other petrochemical; 5mtpa of methanol and 40mtpa of cement.” He also explained that this was expected to result in the country’s gas market operating under a willing buyer – willing seller arrangement; ensure that up to five million jobs are created; grow Nigeria’s Gross Domestic Product (GDP) between $25 and $40 billion; and help her achieve import substitution worth $7 and $8 billion. “Nigeria will become a hub for gas-based industries and net exporter of fertiliser, petrochemicals and methanol in a competitive global market, thus, generating foreign exchange earnings for the nation,” he explained, adding that, “Nigeria is now well positioned to supply almost 10 per cent of the world’s tradable fertiliser in a few years to come (Dangote, Indorama, Nagarjuna, and Brass).”

Also, NNPC’s Group Managing Director, Dr. Maikanti Baru, stated at the conference that the corporation’s decision to seek alternative financing models for funding its Joint Venture (JV) obligations has continued to restore confidence among investors and stimulate further Foreign Direct Investments (FDI) in industry. Baru, explained that alternative financing has equally deepened local banks’ participation in the upstream sub-sector of the industry, adding that with sustainable funding, deep-water Production Sharing Contract (PSC) which currently accounted for 41 per cent of daily national oil production has risen tremendously. According to him, to meet government’s expenditure and strategic focus, NNPC had to explore alternative financing, which he described as “important to the sustenance of the industry. “To turn the wheel of the industry and ensure that funding doesn’t limit our growth, it is important we consider both the traditional and non-traditional funding options,” Baru stated. He observed that traditionally, Nigeria had raised funds

utilising equity or self-funding from cash-flow, commercial debt instrument or partner

funding in form of Carry or Modified Carry Arrangement (MCAs).

Bad Debt: FMBN Lauds Presidential Investigative Panel Ndubuisi Francis in Abuja The Federal Mortgage Bank of Nigeria (FMBN) has commended the Special Presidential Investigative Panel for the Recovery of Public Property for its willingness to support the bank in the debt recovery drive as well as fighting corruption and creating public awareness on the need to evolve a corrupt-free society. The FMBN Managing Director/Chief Executive, Ahmed Musa Dangiwa made the commendation when members of the panel paid him a courtesy call in Abuja. A statement from the Public Affairs Department of the bank quoted him as saying the recovery of ill-gotten properties was also relevant in view of the economic challenges of the country and the need to preserve resources for national development as well as solve the huge housing deficit put

at about 17 million units. Dangiwa, said the bank was supporting and complimenting the anti-corruption war of the current administration through the creation of a vibrant Anti-Corruption & Transparency Unit (ACTU) and the reinforcement of Due Process and transparency procedures in the bank’s operation. Some staff of the bank, he said, are currently undergoing training organised by the Nigerian Financial Intelligent Unit (NFIU) all in an effort to sanitise the system in line with international best practices of Anti-Money Laundering/Terrorism Financing guidelines. In his address, the Chairman, Special Investigative Panel for the Recovery of Public Property, Chief Okoi Obono-Obla reiterated the Panel’s commitment to assist the FMBN to recover bad debts created by Individuals and corporate organisations.

T H I S D AY • TUESDAY, AUGUST 14, 2018

BUSINESSWORLD

ENERGY

BeyondtheBeat CHIKA AMANZE-NWACHUKU

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

Why SNEPCo Supply Base Must Remain in N’Delta The Niger Delta region for many years was a centre for violence, communal clashes and militancy. It took a negotiated and sustained intervention for the government to purchase relative peace in the region. Until the now taken-for-granted relative peace, the region was characterised by youth restiveness, militancy and constant inter- and intra- communal clashes. Serenity was scarce and cordial business-host community relationship was scarce. Oil revenue dwindled due to the constant attacks on oil installations. The impact of these events was felt by the multinationals, the nation and the international community at large. Since then, the government had come to realise the importance of concerted efforts at sustaining peace and stability in the region. It is widely acknowledged that youth restiveness is a major hindrance to peace and progress anywhere, and especially in the Niger Delta region. Youth restiveness is a direct consequence of high unemployment and non-engagement. This has been the lot of the highly endowed Niger-Delta region. The people are divinely blessed with unquantifiable natural resources, especially the major one for Nigeria, crude oil that has sustained the country for decades. Yet they are subjected to a paradoxical level of penury. In the midst of abundant natural resources are a people living in abject poverty – highly fuelled by the greed and corruption of the leaders both at the state and national levels. There are no jobs for the teeming youths; the few jobs available are claimed by a minute population through a survival of the fittest struggle. However, few companies and facilities domiciled in the region have managed to employ the youths and sustain the peace. Some of such facilities are the Onne Port and the Onne Oil and Gas Free Trade Zone (OGFTZ) – the largest in the world. Onne Port is perhaps the only functional port in the eastern region. The other ports including Calabar, Warri and Port Harcourt are all in a near-comatose state. Onne Port has remained alive and proved that public private partnership is a veritable means to manage Nigeria’s port system. The Free Trade Zone, on the other hand, has become a destination of choice for multinationals operating in the Niger Delta region. And the patronage of these companies has improved the capacity to provide employment for the teeming youths of the region. In essence, it is an interwoven cycle that benefits all parties – the companies, communities and government. In the same vein, it is a relationship that can be highly consequential by one party’s disconnection or disaffection. Hence, the eyebrows the decision by Shell Nigeria Exploration and Production Company (SNEPCo) to relocate its supply base out of the zone has raised. A statement by some concerned employees of SNEPCo was recently circulated in the media informing the public of an impending decision of the company to relocate from the Onne Oil and Gas Export Free Zone in Rivers State to a new base in Lagos. In a swift reaction, the spokesperson for SNEPCo, Bamidele Odugbesan, denied the alleged relocation. “The base will continue to be utilised by the Shell Petroleum Development Company of Nigeria Limited (SPDC), operator of the SPDC Joint Venture for SPDC Joint Venture operations. SNEPCo’s operations are in the Bonga field 120 kilometers off Nigerian coast in the Gulf of Guinea and our operations staff and contractors work offshore in Bonga,” he said. However, he also conceded that “SNEPCo, which has been making use of SPDC’s logistics supply base operated in Onne, is trying to develop its own alternative supply base in Lagos. SNEPCo is not planning to relocate any of its operations from anywhere to Lagos.”

SNEPCo MD, Mr. Bayo Ojulari The feeble reaction from the company has been unsuccessful in dousing the brewing tension the news has elicited. The decision has already generated disaffection amongst the youths of the region towards the company. In a peaceful protest, youths under the umbrella of Onne Youth Council (OYC), expressed their grievances and total condemnation of the move, urging the company to rescind its alleged plan. The youths also revealed that the planned relocation could lead to the loss of more than 5,000 direct and indirect jobs. The Paramount Ruler of Onne Community, John Dennis Osaronu, has also joined in the call for SNEPCo to reconsider the decision to relocate its supply base to Lagos because of the consequences on the people, the community and the entire Niger Delta region. There are many perspectives to examining the plan to relocate. It can be examined from a strictly economic perspective – impending job loss and impact on the Onne Free Trade Zone – and it can also be viewed from the security perspective – implications for peace and stability in the region. Whichever perspective analysts choose, it is undeniable that executing the alleged plan has wide implications for the OGFTZ, the Onne Community, River State, Niger Delta region and the country at large. There is a truism that organizations are corporate citizens and should be treated so. It is therefore important for the company to consider other stakeholders outside its internal system in arriving at a decision such as this due to its wide-ranging impacts. Whilst the underpinning motive for the alleged decision may have some business advantages for the company either in the immediate or long term, its overall consequence on OFTZ) and the entire region should attract equal consideration. More so, as a foremost oil and gas company in Nigeria that has operated in Onne for more

than 20 years, the planned relocation may also serve as impetus for other companies in the Zone to follow suit. And when this is encouraged the eventual consequence is a drastic drop in business activities in Onne. This does not only affect the country in terms of revenue loss, it will also lead to job loss and increase in unemployment in an already volatile region. As a case study for other Niger Delta communities, Onne is practically built on the going concern of the companies in the area, especially the Onne Free Trade Zone. This suggests that any challenge faced by Onne Free Trade Zone will directly impact the employment of youths in the community. And the issue has the potential of escalating from a community issue to a regional concern within the shortest possible time. The government clearly cannot afford a huge population of idle youths at this point in an already volatile region. It is too much of a risk to ignore. It also sends a negative signal that Shell and its subsidiary SNEPCo may not really be interested in ameliorating the plights of people in the Niger Delta region; rather it portrays the company as one willing to suck the region without committing to its people. Issues like this reinforce the perception in some quarters that the government and the multinationals do not really care about the Niger Delta region, a position that was pushed forward by the Ijaw People’s Development Initiative earlier in the year. More so this alleged decision is coming at a time when Niger Deltans are demanding for multinationals to relocate their headquarters to the region. Whereas that call was amplified by the Vice President, Prof. Yemi Osibanjo during one of his visits to the region, it has now become a major demand by the leaders of the region. However, this latest alleged decision is potentially capable of injecting a negative dimension to the relatively

peaceful atmosphere of unending discussions for stability. Ultimately, whilst it is difficult for external powers to determine how a company is run, it is only appropriate that Shell pays attention to the responses that have greeted this decision and act accordingly. Observers have been left in disbelief on what could have informed the alleged decision considering that Onne is considered as one of the best managed ports in Nigeria and the Onne Free Trade Zone, which is the largest in the world, has continue to surpass expectations. More so, the Onne people have been friendly and receptive to companies operating in their community in an exemplary manner. So far, the government has been silent on the matter. The role of the government is important at this point to understand the issues and provide useful perspectives to SNEPCo. The contribution of SNEPCo to Onne through the Free Trade Zone is enormous and cannot be wished away. Without companies like SNEPCo, the OGFTZ would not have been able to employ the number of youths it has on its payroll. At this point it is advisable to let sleeping dogs lie and not create unnecessary tension in the Niger Delta region. The government has worked assiduously to ensure that relative peace is sustained in the Niger Delta. And in fairness to both the Federal and State governments, there has been a considerable absence of violence and militancy in the region. Nigeria has consistently met its daily oil production target due to this relative peace. There is no need therefore to trigger unnecessary disaffection amongst the people for a decision that has no expediency to it. Besides, SNEPCo will do better having all its property and equipment, including turbines, engine spares close to its operations.

T H I S D AY • TUESDAY, AUGUST 14, 2018

BUSINESSWORLD

ENERGY

Ending the Menace of Gas Flaring After dithering for years, Nigeria recently indicated its preparedness to end gas flaring, reports Chineme Okafor Nigeria has repeatedly pledged to drastically cut down the flaring of gas at her oil fields in the Niger Delta. In fact, since the 1950s when Nigeria started oil production, gas has been flared indiscriminately from the oil-bearing region, and this is despite what the flared gas can truly and really do to help the country overcome its acute energy poverty. Presently, records indicate that close to 80 million of Nigeria’s population do not have access to electricity of any form. This number of people live mostly in rural communities even in the Niger Delta, yet legal efforts to reduce gas flaring and convert the gas resources into productive use have never really come through, thus sustaining the vicious practice which also reportedly cause major human and environmental health issues in the Niger Delta. The Cost According to an online gas tracking tool – the Nigerian Gas Flare Tracker – an initiative commissioned by the Nigerian ministry of environment and managed by the National Oil Spill Detection and response Agency (NOSDRA), gas flare happens when crude oil which are extracted from onshore and offshore oil wells come with it raw natural gas to the surface, and which are burned off or flared as a waste product because there are no natural gas transportation, pipelines and infrastructure to take them up for productive uses. Flaring the gas, the tracker indicated thus becomes the cheapest option, particularly when gas prices are low and fines for flaring are either cheap or altogether not collected by regulatory bodies saddled with such tasks. The online tracker further explained that hazardous air pollutants emitted from gas flaring have been shown to impact human health, and these include oxides of nitrogen, carbon and sulphur, as well as particulate matter, hydrocarbons and ash, photochemical oxidants, and hydrogen sulphide. These pollutants it added are associated with a variety of adverse health impacts, including cancer, neurological, reproductive and developmental effects. It noted that reported deformities in children, lung damage and skin problems have also been linked with the practice of gas flaring, adding however that sadly, since the 1950s, Nigeria has released vast quantities of liquid pollutants into the Niger Delta environment thus damaging the region’s ecosystem. But while there had been various legislative measures to curb gas flaring in Nigeria since 1969, and especially from 1984 when it became illegal to flare gas in the country without the written permission of the minister of petroleum resources, the practice has never really ended, it has rather been buoyed by a very cheap financial penalty of $3.50 per every 1000 standard cubic feet of gas flared. According to tracker which uses primary data to locate and quantify gas flares from a Visible Infrared Imaging Radiometer Suite (VIIRS) on board the Suomi National Polar-orbiting Partnership (S-NPP) satellite, a report by a 2012 Petroleum Revenue Special Task Force set up by the federal government, oil companies often do not comply in paying these fines and when they do, they pay an old penalty of N10 per 1000 standard cubic feet flared. Furthermore, the taskforce found that the Department of Petroleum Resources (DPR) had been unable to independently track and measure gas volumes produced and flared in the Niger Delta, and frequently depended only on information provided by the operators. Also, the November 2017 Monthly Financial and Operations Report of the Nigeria National Petroleum Corporation (NNPC) indicated that oil companies flared a total of 301.69 billion standard cubic feet (bcf) of gas within one year - between November 2016 and November 2017, thus suggesting Nigeria not only lose her environment and people to gas flaring but also scarce financial resources that could have come from converting the gas to monies.

New Measure Now, to put paid to the practice, the government recently renewed its commitment to end the practice and, in this regard, launched a new framework - the Nigerian Gas Flare Commercialisation Programme (NGFCP) – to tackle the longstanding issue. In setting up the NGFCP, the government perhaps considered various reports especially that of the World Bank Global Gas Flaring Reduction Partnership which placed Nigeria as the seventh highest gas flaring country in the world. It also considered in initiating the NGFCP, that previous efforts such as the Associated Gas Reinjection Act (AGRA) had done very little if not nothing to end the practice. And so, President Muhammadu Buhari, reportedly approved a new regulation - the Flare Gas (Prevention of Waste and Pollution) Regulations 2018, to be used for the implementa-

We are also pleased to mention that we have completed the design of the key programme transactional, commercial framework and documentation

tion of the NGFCP. Disclosing the recent development to THISDAY, the NGFCP Programme Manager, Justice Derefaka, who once said the country losses approximately $1 billion of revenue to gas flaring because it does not have the capacity to capture and commercialise flared gas in the country, informed that the NGFCP would now go on to roll out its plans in the scheme to end gas flaring. “We are pleased to inform you that His Excellency, Muhammadu Buhari, the President of the Federal Republic of Nigeria has approved the “Flare Gas (Prevention of Waste and Pollution) Regulations 2018” as the regulatory instrument that will underpin the implementation of the NGFCP,” Derefaka said in an email to THISDAY. He further explained, “We are also pleased to mention that we have completed the design of the key programme transactional, commercial framework and documentation. We therefore expect to announce the first bid round for the flare gas to the public within Quarter (Q) 3, 2018.” In April, Derefaka reportedly stated at the Nigerian Norwegian Chamber of Commerce (NNCC) Q1 2018 Business Roundtable Seminar held in Lagos, that if flared gas was properly exploited, it could create 300,000 jobs, produce 600,000 metric tonnes of Liquefied Petroleum Gas (LPG) per annum, as well as generate up to 2500 megawatts (MW) of electricity from new and existing power stations. He explained then that approximately 700mmscf/d of gas was flared at 178 flare sites in the country, while circa $3.5 billion worth of inward investments was required to accomplish the country’s flare gas commercialisation targets by 2020. The NGFCP Following the president’s approval of the guideline, Derefaka, indicated the NGFCP would roll out its programme with the expectation that investors would key into it. He explained that the NGFCP by its design would be a market-driven mechanism to attract

competent third party investors from across the world to commercialise the country’s flared gas. The flare gas would reportedly be available at a price the successful investors bid, for use as fuel and or feedstock in proven gas utilisation technologies. The bidding process, he added will be carried out using a two-stage procurement process. Further, under the NGFCP, the government will expectedly exercise its ownership rights of all gas flared in Nigeria, and grant licences to third parties to access and collect such gas on its behalf from the flare points of oil producing companies. Continuing, the licencees as they should be, would then be required to use technologies to set up facilities for collection and delivery of gas from flare points to processing points for economic use eventually. This would also mean that all identified gas flare points would be part of the programme and compliance with it could be a condition for award of operational licence or renewal of oil leases in the country. Accordingly, the NGFCP strategy has been underpinned with Nigeria’s outlook for her energy sector and the need to move further to clean energy sources just in line with the direction of the rest of the world. However, energy business analysts who spoke to THISDAY on it explained the details of the regulation were still not in the open for informed comment on its strategy. THISDAY also could not get the new regulation from the webpage of the NGFCP despite a link provided for it. But the analyst who spoke off record explained that the success of the programme will depend largely on its commercials. “It’s all about the details. We need to see the details first. We need to see the regulations and the guidelines around the bid process for the commercialisation program. If it makes sense, then it can be successful. If the commercials do not make sense, then it will be dead on arrival,” said the expert.

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

T H I S D AY Ë¾ TUESDAY AUGUST 14, 2018

WEEKLY PULL-OUT

‘MY NEMBE PEOPLE, ASKED ME TO RUN FOR SENATE’

14.08.2018

Biriyai Dambo, SAN

2/DASHBOARD

14.08.2018

Reliance on Subsidiary Legislation at Variance with Substantive Law: Propriety PAGE 4

Former Senator, asks National Assembly to Update it’s Website on His Acquittal on Corruption Cases PAGE 5

Unilag Law Students Confer Awards on Patrons in Oil & Gas PAGE 5

QUOTABLES ‘The ensuing stand-off, was a show of shame, that played itself over several hours, in full view of the country. In no circumstances, should this have happened....The siege was also an act of cowardice, by those seeking to carry out the illegal impeachment of the leaders of the Senate, in flagrant disobedience of the law.’ – Dr Bukola Saraki, PDP Senator representing Kwara Central, President of the Senate, Federal Republic of Nigeria ‘Of course, we are cognisant of the fact that, this is a democratic dispensation. We will ply our trade within the tenets of democracy, the rule of law, and in consonance with global best practices.’ – Mr Matthew Seiyefa, Acting Director General, Department of State Services

‘The EFCC purported to freeze the Benue State Account. To me, it’s illegal. They don’t have that power.... No Agency can be given such power, that means you can disrupt anything. You stop the payment of salaries, stop the payment of services, stop the payment of debt etc....It is a recipe for anarchy. That could never have been the intention of the Lawmakers. The best you can do, in my view, if you fear that there is a conspiracy afoot to take from that account, is to trace the money, then when it goes into private account, you can say I want to freeze that account.’ – Mr Fola Arthur-Worrey, Former Director of Public Prosecution, Lagos State

AELEX, Unilag, Emerge Winners in 2018 Young Arbitrators Commercial Moot Competition PAGE 6

‘Early Specialisation is Key to a Successful Legal Practice’ PAGE 6

Proposed Amendment to NBA Constitution 2015, Not Desirable PAGE 7

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

It’s Governance, Stupid!

Politricks of Quackery ay I begin by observing that, not a negative word was heard from the All Progressives Congress (APC), about the defection of Senator Akpabio from the People’s Democratic Party (PDP) to their Party being unconstitutional, unlike when Senator Saraki and some of his colleagues decamped from APC to PDP a few weeks ago. Instead, last Wednesday in Uyo, Senator Akpabio was given a rousing welcome to the Party by APC Stalwarts, including the Chairman of the Party, Adams Oshiomhole, and Senators alike. Is what is good for the goose, not good for the gander? Where was the eloquent Honourable Femi Gbajabiamila then, to educate us on the provisions of Section 68 of the Constitution, and Abegunde’s case? Nigerians are getting exhausted, with all this politics of double-dealing and quackery, or should I say ‘Politricks’. Most Nigerians are starting to believe that, the Politicians could not care less about their welfare, but that they are mostly a bunch of rather self-centred hypocrites, who are only concerned about staying in power, by all means, to enjoy all the goodies and perquisites of office. My learned colleagues, can this be true? What does it look like to you? What do you think? Police State For some time now, at the risk of sounding like a broken record, I have been shouting it from the rooftops, to whoever cares to listen, that Nigeria is fast becoming a Police State in the full glare of the world; one in which there is “a system of repressive government control, where law is derived from executive power”. If not so, how will law enforcement agencies, have the temerity to go around mounting illegal blockades all over the place? We have active surveillance on the activities of numerous Nigerians, attempts to suppress free speech, and the use of various law enforcement agencies, to intimidate those who are perceived to be in opposition to the Government. Democracy indeed! DSS Siege on the National Assembly Last Tuesday August 7, 2018, Nigerians and the world watched with mortification, what the Senate President referred to as, “a show of shame”, when the Department of State Services (DSS) masked in balaclavas, laid siege on the National Assembly (NASS), blocked all the entrances to the premises, and prevented its Staff and Members from entering. Again, as in the case of the October 2016 raids on the Judges, the DSS had no right to mount those blockades around the entrances of NASS. The National Security Agencies Act (NSA Act), by virtue of which the DSS purports to derive its powers and operate (I

DSS Blockade of the National Assembly

say purports, because the DSS is not one of the security agencies established by the NSA Act, and has no enabling statute), does not give the DSS powers to take that type of action, where there is no threat to Nigeria’s internal security. Assuming, but not conceding, that the DSS is the successor-in-title to the defunct State Security Service (SSS) (there is no law providing for the DSS being the successor-in-title to the SSS), the functions of the SSS are set out in Section 2(3) of the NSA Act as follows: “The State Security Service shall be charged with the responsibility for: (a) The prevention and detection within Nigeria of any crime against the internal security of Nigeria (b) The protection and detection of all non- military classified matters concerning the internal security of Nigeria and (c) Such other responsibilities affecting internal security within Nigeria as the NASS or the President as the case may be, may deem necessary”. Pray tell, what crime or threat to our national security, was taking place or was to take place in the NASS, which warranted that type of siege by the DSS? What threat could NASS Staff or Members of Parliament reporting for their various duties, possibly pose to our internal security? We can also easily rule out Section 2(3)(c) as the reason for the DSS blockade, since the leadership of NASS were unaware of the invasion, and the Senate President in a World Press Conference given last Wednesday, clearly stated that the DSS does not report to him; and in the case of the Acting President, he would obviously not have sacked Lawal Daura, the erstwhile Director General of the DSS, if he was the one that instructed him to go on that dubious mission! Get Serious It is time for Government to get serious about governance, and get this country out of the permanent downward spiral, which it seems to be in! Instead of wasting precious time scheming, politricking and blaming the PDP for its woes, at the expense of the security, welfare and betterment of the people, which is the primary purpose of Government, as provided in Section 14(2)(b) of the Constitution. As each day passes, the people are getting hungrier. This should be the main concern. Is this not one of the reasons, why ‘vote selling and buying’ has escalated to such an alarming level, because majority of Nigerians are starving and desperate? Government should respect the rule of law; and desist from encouraging confusion and anarchy in the country, in order to fulfil their sole aim of staying in office beyond the 2019 elections, come what may, no matter what! Opposition, is an extremely crucial and healthy part of democracy. A Government that tries to crush all opposition through blackmail, witch hunting, and by any means possible, is nothing more than a totalitarian, absolutist, despotic Government. In the UK, you have the

‘Shadow Cabinet’, which are simply “the team of senior spokespeople chosen by the Leader of the Opposition, to mirror the Cabinet in Government. Each member of the Shadow Cabinet, is appointed to lead on a specific policy area for their Party, and to question and challenge their counterpart in the Cabinet”. The other day, I was shocked that because Government is hell bent on getting rid of the leadership of the Senate, a Lawyer who I would imagine has had similar training to mine and should know better, would go full throttle to confuse the populace, by actually trying to read Section 54 of the Constitution (which defines quorum of the NASS) into Section 50(2) (c), and conclude that 24 Senators out of a quorum of one-third, 36.333 rounded up to 37 Senators (since you need over 36), can remove the Senate President! I have never heard anything so preposterous! If this was the true position, I’m sure the Senators who did not want Dr Saraki to lead the Senate from the get-go, would have wasted no time, and removed him the same day he was elected! Section 50(2)(c) is as clear as crystal; the only way to remove the leadership of either of the two chambers that constitute the NASS, is, if it is the Senate, two-thirds majority of the members of the Senate, that is 72.6666 rounded to the nearest whole number, 73 out of 109 members, and if it is the House of Representatives, two-thirds of the members of the House, that is, 240 members out of 360. Let me conclude by making mention of the fact that, in all this rumpus, by virtue of Sections 50(1)(a) & (b) of the Constitution, the Senate President and the Deputy, the Speaker of the House of Representatives and the Deputy, need not be members of the Majority Party, to occupy those positions. Though, in this instance, this fact may be irrelevant, because even when they belonged to the ruling Majority APC (apart from the Deputy Senate President), right from the beginning of this dispensation, the present occupants of those positions, were not the Party-preferred choices for them.

ONIKEPO BRAITHWAITE

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

“OPPOSITION, IS AN EXTREMELY CRUCIAL AND HEALTHY PART OF DEMOCRACY. A GOVERNMENT THAT TRIES TO CRUSH ALL OPPOSITION THROUGH BLACKMAIL, WITCH HUNTING, AND BY ANY MEANS POSSIBLE, IS NOTHING MORE THAN A TOTALITARIAN, ABSOLUTIST, DESPOTIC GOVERNMENT”

Dear Editor Re: Amasa Firdaus: Hijab and the Fire Next Time Dear Editor, I have not read a position as fiery as yours, from an Editor in ages. Kudos! I am inspired by the fact that, you have taken the bull by its horns, and called a spade a spade, without caring who ox is gored or whose cow is milked. When the story went viral, I was one of those who watched it very closely. Indeed, without being sentimental, Ms Firdaus’ action was an affront to everything normal. The decision to call the bluff of Ms

Firdaus, was a step in the right direction, laced with wisdom and understanding. But, when that decision was reversed, I saw the same hand that has drawn back our nation since independence, appearing again. It is a source of fundamental concern, that the same decision- making body, which has been rigid to reforms, will not see this as an opportunity to make a holistic transformation of the legal profession. Rather, it isolated the case, and defeated the ultimate purpose, giving room for future chaos and confusion. I hope the day comes, when the force of argument in Nigeria, will prevail over the argument of force. Thank you lending your voice objectively, and raising it decisively. If we can't have our way, we must strive to have our say. Charles Okeibunor Dear Editor, I write to commend your opinion on the said issue, as it is an issue that has been given unnecessary publicity. Prior to the decision of the Body of Benchers to allow Ms. Firdaus to be called to the Bar with her Hijab, I boasted that the former was so professional in its decisions, that it was not going to tilt to that line of reasoning, but would rather, maintain the code of dressing for Lawyers and Aspirants alike. Sadly, my boast turned out to be a vain exercise. I however, hope that this trend is nipped in the bud, and future occurrences avoided; as it does not speak well of our esteemed profession. Warm Regards, Temple Kemka Amadi

4/LAW REPORT

14.08.2018

Reliance on Subsidiary Legislation at Variance with Substantive Law: Propriety

T Facts

he 1st to 15th Respondent, were Security Personnel employed by the Appellant to secure its properties further to an advert placed by the Appellant for recruitment into its Security Unit, as Supernumerary (Spy) Police. They were sent to the 16th to 18th Respondent (Inspector-General of Police, Commissioner of Police, Akwa Ibom State and Nigeria Police Council) for training. After they resumed duty, the Appellant, by certain letters, urged the 17th Respondent (Commissioner of Police, Akwa Ibom State), to absorb the 1st to 15th Respondent into its Spy outfit. Thereafter, the 17th Respondent attempted to transfer the 1st to 15th Respondent, to other States. This prompted the 1st to 15th Respondent to file an action at the Federal High Court, seeking inter alia, Declarations that they are employees of the Appellant and not the 16th to 18th Respondent; therefore, it was only the Appellant that could effect their transfer. They also sought orders of injunction, against the Appellant and the 16th - 18th Respondent. The trial Court, in its judgement, held that the 1st to 15th Respondent were employees of the 16th to 18th Respondent, and refused granting the Declarations sought in that regard. Dissatisfied, the 1st to 15th Respondent appealed to the Court of Appeal, which reversed the judgement of the trial Court and entered judgement for the 1st to 15th Respondent in part. Aggrieved, the Appellant appealed to the Supreme Court. The Appellant later amended its Notice of Appeal, through which it brought in additional grounds. Issues for Determination The Respondents raised certain grounds of objection, as regards whether the failure of the Appellant to obtain Leave to Appeal on question of mixed law and fact, did not render its Grounds of Appeal Nos. 2, 3, 4 8, 9 and 13 incompetent, and whether Ground 12 being a complaint against an obiter of the lower Court and the issues formulated therefrom, are competent. In the main, the valid issues considered by the Court in determining the appeal are as follows: 1. Whether the Court should have considered the Force Administration Instruction/Force Order, which complements the Police Act with regards to the employment of Supernumerary Police Officers, when it held that a candidate into the Supernumerary Force must have been a Police Officer in the Nigeria Police Force. 2. Whether the evidence showing the employment of the 1st to 15th Respondent as Supernumerary Police Officers are Contracts of Service, considering that they purported to fulfil an illegal objective, and are inchoate contracts which do not express the intent and understanding of the parties, at the time it was entered into. 3. Whether the lower Court could grant reliefs derived from the Police Act and also order the re-instatement of the 1st to 15th Respondent, after it had held that they were employees of the Appellant. Arguments On the first issue, Counsel for the Appellant submitted that, the Court of Appeal should have considered all applicable Legislative Instruments which includes the Force Administration Instruction No 26/Force Order 436, before reaching its decision that Spy Police Officers must have been Police Officers in the Nigeria Police Force, prior to their appointment as Spy Police Officers. In response, Counsel for the 1st to 15th Respondent, submitted that where a principal legislation from where enabling powers are derived, has not been complied with, there is no basis to consider the subordinate legislation. He argued that, there was no indication that the appointment of the 1st to 15th Respondent met the criteria provided under Sections 18 to 22 of the Police Act, which is the substantive law for the appointment of Spy Police Officers, and having found that the appointment of the 1st to 15th Respondent did not comply with the said provisions, there was no basis to consider the Force Administration Order, which is a subordinate legislation. On the second and third issues, it was argued on behalf of the Appellant that, the only possible inference that can be drawn from the Appellant’s conduct, is that it intended to hire Spy Police Officers from the Nigeria Police, and same should enjoy the presumption of regularity and be treated as an inchoate appointment of Spy Police Officers. He also argued in the alternative that, assuming a contract of employment was in fact intended between the Appellant and the 1st to 15th Respondent, the contract which is clearly one for Spy Police Officers for which the Appellant has no statutory power to appoint, is invalid. On the issue of reversal of staff transfers ordered by the lower Court, Counsel submitted that, the Court of Appeal erred in holding on one hand that a master-servant relationship existed between the Appellant and the 1st to 15th Respondent, and on the other hand denying the Appellant as master the right to issue and

Hon. Justice John Inyang Okoro, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 20th day of April, 2018 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili John Inyang Okoro Amiru Sanusi Sidi Dauda Bage Justices, Supreme Court SC.33/2010 Between Mobil Producing Nig. Unlimited

.........Appellant

And Okon Johnson & 17 Ors. .............Respondent (Lead Judgement delivered by Hon. John Inyang Okoro, JSC) insist on lawful obedience to lawful orders. He also submitted that, the Court of Appeal erred when it went ahead to apply statutory provisions relevant to Supernumerary Police Officers and ordering the reinstatement of the 1st to 15th Respondent, even after holding that their employment was not one with statutory flavour. Responding, Counsel for the 1st to 15th Respondent submitted that, the lower Court was right to have nullified the transfer, and ordered the reinstatement of the 1st to 15th Respondent.

“....,SINCE THE SUBSTANTIVE LEGISLATION WHICH IS THE POLICE ACT, WAS NOT COMPLIED WITH IN THE APPOINTMENT OF THE 1ST TO 15TH RESPONDENT, THERE WAS NO BASIS TO CONSIDER THE FORCE ADMINISTRATIVE INSTRUCTION, WHICH IS A SUBORDINATE LEGISLATION, THAT DERIVES ITS VALIDITY FROM THE POLICE ACT”

Court’s Judgement and Rationale Dealing with the Preliminary Issue raised by the Respondents, to the competence of some grounds and issue formulated therefrom, the Supreme Court ruled in favour of the Appellant on the first ground of the objection, to the effect that leave had been duly obtained by the Appellant pursuant to an application brought before the Court, before the appeal was heard. On the complaint of the Respondents with respect to ground 12 of the Appellant’s Grounds of Appeal, the Court held that an obiter is an expression of opinion made in passing, which does not does not reflect the ratio decidendi or decide the live issues in the matter; therefore, it is not appealable. AMERICAN INTERNATIONAL INSURANCE COMPANY v CEEKAY TRADERS LTD (1981) 5 SC 81 at 110. The Court opined that ground 12 of the Amended Notice of Appeal which was against a part of the judgement of the lower Court, which the lower Court itself in fact cautioned that it was merely commented on by way of observation, was incompetent so as issue No. 4 formulated therefrom. Consequently, the said ground and issue No. 4 derived therefrom, were struck out. On the first main issue, the Court held that where the substantive legislation has not been complied with, there is no basis to consider the subordinate legislation, because any subordinate legislation which is inconsistent with the principal legislation, is a nullity to the extent of its inconsistency. PRINCE ADEMOLU ODENAJE v PRINCE DAVID OLU EFUNUGA (1990) 11–22 SC 185. In determining whether the 1st to 15th Respondent were appointed as Supernumerary Police Officers, and whether their appointment was done in conformity with the provisions of the law creating such employment, the Supreme Court held that, it is the provisions of Section 18 to 22 of the Police Act that must be considered. The Court agreed that, there was nothing on record to show that the appointment met the criteria provided under the referenced Sections of the Police Act. To this end, the Supreme Court upheld the findings of the lower Court that the 1st to 15th Respondent are employees of the Appellants, and not Supernumerary Police Ofﬁcers, and that since the substantive legislation which is the Police Act, was not complied with in the appointment of the 1st to 15th Respondent, there was no basis to consider the Force Administrative Instruction which is a subordinate legislation, that derives its validity from the Police Act. On the 2nd and 3rd issue, the Court held that, where the words of a document are clear and unambiguous, the Court in construing its contents, must conﬁne itself to the plain and ordinary meaning of the words. Their Lordships held further that, before a presumption of regularity can be drawn appropriately, some facts must be brought forward to show that the act was done substantially, as required by the law. The Court relied on OGUNMADE v FADAIRO (1971) NICR 259 at 263. In this case, nowhere in the exhibit before the Court, was it stated that the 1st to 15th Respondent were being offered employment as Spy Police Officers. Addressing them as such, does not automatically confer them with the status in view of the fact that their appointment was not done in compliance with the Police Act. The Court held that, the presumption of regularity would also not avail the Appellant, since they failed to show substantial compliance. With regard to the submission of the Appellant on the illegality of the appointment, the Court held that, the appointment of the 1st to 15th Respondent was not illegal, since the Appellant did not show that they were appointed as Spy Police in accordance with the Police Act. More so, they are still employees of the Appellant, in the absence of evidence showing that their employment had been terminated by the Appellant. It follows that, the lower Court was right to have ordered the reinstatement of the 1st to 15th Respondent having nullified the purported termination of their employment, and their transfer by the 16th to 18th Respondent. However, contrary to the finding of the lower Court, the Supreme Court held that, the Appellant had the unfettered right as employers of the 1st to 15th Respondent, to transfer them to any area of its operation, since their employment is not regulated by the Police Act, which forbids Spy Police from being transferred from the area of the Police Province or Division in which the property of the Appellant for which they were appointed to protect, is situated. Appeal Dismissed. Representation K. Sofola, SAN and others for the Appellant. Femi Falana, SAN and others for the 1st to 15th Respondents. Sebastian B. Ozoana, Esq. for the 16th to 18th Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

14.08.2018

NEWS/5

Unilag Law Students Confer Awards on Patrons in Oil & Gas

L-R: Adeyemi Adenusi, President of the Oil and Gas Bar, Miss Aderemi Ogunbanjo, Mr Ebuka, Miss Maureen Obukofe, Dr Ayoade, Miss Oludamola Adewunmi, Miss Naomi Amobi, Miss Adetutu Sanusi, Mr Ayodele Oni, Mr Alao Omeiza, Amaka Mbanugo- Vice President Oil & Gas Bar

Former Senator, asks National Assembly to Update it’s Website on His Acquittal on Corruption Cases Stories by Yekini Jimoh in Lokoja A former Senator, who represented Kogi East in the 5th and 6th National Assembly, Senator Nicholas Ugbane, has urged the National Assembly to update the records in its website, to reflect the decisions of two separate courts sitting in Abuja, that discharged him of allegations of corruption in two cases. During the 6th Senate, specifically in 2009, Senator Ugbane and some members, were charged at the High Court, Abuja in

Charge Number: FCT/HC/ CR/39A/2009 and the Federal High Court, Abuja Suit No: FHC/ABJ/CR/89/2009, on allegations of commission of certain corrupt actions. The Senator who spoke through his Media Assistant, Abel Ada-Musa in a press statement that was made available to the This Day in Lokoja, said it is imperative to put the record straight. In his words, "Despite the decisions of two separate courts sitting in Abuja, discharging him of the allegations

of corruption in two cases, the distinguished Senator Nicholas Ugbane, has continued to be an unhappy man. "This is because, the records and website of the National Assembly where he served in the 5th and 6th Senate, has continued to reflect that the cases are still pending." He said he was unjustly and falsely accused, adding that, he can only be happy when the Senate put its records straight, to reflect the true position that he has been discharged of the accusations.

According to him, he had written two separate letters through his Lawyer, S.I. Ameh, to the President of the Senate of the Federal Republic of Nigeria, and the Clerk of the National Assembly dated 11th January, 2017 and 17th October, 2017 respectively, requesting for the records at the Legislative House to be corrected, in respect of the allegations. He said that, in the two cases, he has been discharged and acquitted, by two competent courts of the Federal Republic of Nigeria.

The event tagged ‘The Energy Expo 2.0’, which was organised by the Oil and Gas Bar, Faculty of Law, University of Lagos, and had its central theme of the year as ‘Impacting Knowledge on the Next Generation of Energy Experts’. There was in attendance, experts from the energy and legal field of study, notably Naomi Amobi from Aluko and Oyebode, Mr. Ayodele Oni from Bloomfield Nigeria, Miss Aderemi Ogunbanjo and Miss Oludamola Adewunmi from Adefulu & Odujinrin, Miss Adetutu Sanusi from Banwo & Ighodalo, Miss Maureen Obukofe from Nigeria Local Content Development and Monitoring Board, Yenogoa, some of whom made presentations on the Oil and Gas Sector and the Renewable Energy Sector. Also, over 350 students from the Faculties of Law, Engineering, Sciences and related disciplines, were at the event. The event also had a Public Speaking Competition on the topic: “Oil and Gas/Renewable Energy: Prerequisites for Sustainable Development of the Energy Industry”, The competition exposed the students, to diverse sectors of the industry. The students were expected to research on the various sectors, finding their possible effects on the growth of the industry in Nigeria. The winner of the public speaking competition, was Mr. Alao Omeiza a 400 level student of Faculty of Law, University of Lagos.

There was also the launching of the Oil and Gas Journal, written by students of the Faculty of Law, and also interviews of the Patrons of the Association, Mr. Austin Avuru of SEPLAT, and Mrs. Olayemi Anyanechi of Sefton Fross. In commemoration of it’s 10th anniversary, the Patrons, Staff Advisers and Sponsors of the events, were presented with awards of excellence towards the success and growth of the Association, some of whom are, Dr. Bayo Adaralegbe of Babalakin & Co, Mr. Dolapo Akinrele, SAN of F.O Akinrele, and Dr. Adeoye Adefulu of Odujinrin & Adefulu. Speaking on the event, President, the Oil & Gas Bar, University of Lagos, Miss Adeyemi Adenusi said, “The Oil and Gas Bar, is an Association established to educate, meet, foster and encourage the interest of youths in the energy industry, and to help develop and broaden their career choices, with regard to the energy sector. “The event was one of the various avenues we are involved in, to meet our aim, and it was very successful and educating. “As the President, I am very grateful and appreciative to everyone who came for the event, starting from our invited guests and speakers, to the students, who I know have learnt something, and are twice more knowledgeable about the Energy Industry than they were before.”

ANNOUNCEMENT

Kogi Bye-Election: Kogi High Court Constitutes Tribunal Kogi State High Court of Justice, has constituted a Tribunal ahead of the bye-election that will be conducted for Lokoja/ Koton-Karfe Federal Constituency. In a terse statement signed by the Secretary of the Tribunal, Elsie Akpabio, the three-man Tribunal which was constituted

by His Lordship, Hon. Justice Zainab Bulkachuwa, is to expeditiously hear matters relating to the election. The statement reads in part "The Tribunal has opened its Registry at the headquarters of Kogi State Judiciary on Hassan Usman Katsina Way, Crusher, in Lokoja. It is constituted to enable

litigants and interested members of the public, who may be aggrieved by the outcome of the election, to seek redress at the Tribunal". While the sitting is slated to begin in Court 5 at the Judiciary headquarters, the statement further revealed that, the Tribunal which will begin immediately after the election,

has 180 days for sitting. The general public and interested parties, were however, cautioned to conduct themselves in an orderly manner while approaching the Tribunal, as the management of the High Court, would not tolerate acts capable of breaching the peace, throughout the duration of sittings.

We deeply regret to announce, the transition to eternal glory of the Honourable AttorneyGeneral and Commissioner of Justice, Rivers State, and Chairman, Nigerian Bar Association, Port Harcourt Branch (2006-2008), Emmanuel Chinwenwo Aguma, SAN, age 57, which occurred on Friday, August 10, 2018, in London, after a brief illness. He will be remembered, for his exemplary service to the NBA and Rivers State.

New Obaro Kabba: Court Orders Him not to Parade Himself as Monarch A Lokoja High Court on Friday, granted an order of interlocutory injunction restraining Chief Solomon Dele Owoniyi, from parading himself as the newly appointed Obaro of Kabba in Kogi State. The Court also restrained him from taking any steps, and/or doing anything relating to the position of the Obaro of Kabba, pending the hearing and determination of the motion of notice filed by the Claimant of the stool. The Court presided by Justice M M Gwatana, also ordered the Kogi State Govern-

ment and the State Chieftancy Council who were joined in the suit, from treating or taking any further action to recognise Owoniyi or any other person, except from the Ilajo Royal family, as a person that has the right to the Chieftaincy of Obaro of Kabba pending the hearing and determination of the motion of notice . The Ilajo Royal family had approached the Court, challenging the appointment of Chief Solomon Dele Owoniyi as the new Obaro of Kabba, on the ground that he is not a member of the Royal family,

and therefore, not fit to hold the position of the revered stool. Among the prayers sought by the Claimant, is that the Court should declare Ilajo Royal family, as the custodian of the Chieftaincy stool, and the only family that can occupy the revered stool. The three ruling houses namely the Mokelu, Ajinuhi and Ajibohokun of the Ilajo Royal family, had shortly after the appointment of Owoniyi vehemently rejected the State Government’s choice of Owoniyi as, "politically

motivated and an aberration of the traditional and cultural norms of Owe- Kabba people, and a negation in the administrative set up of the ancient town”. The Ilajo Royal family also described the appointment of Owoniyi, "as strange coming from a suburban settlement of Odolu, which is outside Kabba township, which originally has a second-class Chief as its ruler", as a glaring case of robbing Peter to pay Paul. The case has been adjourned to Sept 4, 2018, for the hearing of motion on notice.

The late Emmanuel Chinwenwo Aguma, SAN

14.08.2018

AELEX, Unilag, Emerge Winners in 2018 Young Arbitrators Commercial Moot Competition Akinwale Akintunde AELEX, a commercial & litigation law firm, and the University of Lagos (Unilag), have emerged the winners of 2018 edition of Lagos Court of Arbitration - Young Arbitrators Network (LCA-YAN) Commercial Moot Competition, held last week. After the fiercely contested hearings, AELEX emerged winner in the Law Firm category, while Unilag won the University prize. The Competition, which is the second in the series, also saw the emergence of rising stars, such as AELEX’s Endurance Agbor, who was named the Best Advocate in theL Law Firm category, and Unilag’s Alao Joshua Omeiza, who claimed the corresponding prize in the student category. The Competition is inspired by the renowned Willem C. Vis International Commercial Arbitration Moot (Vis Moot), and uses the Vis Moot Problem, with the kind permission of Willem C. Vis Moot Association. This year’s Competition which had two separate tracks for Law Firms and Universities, had kicked-off with the assessment of memorials submitted by 6Universities and 9 Law Firms. A panel of expert Arbitrators at the Lagos Court of Arbitration, carried out the assessment on May 25, 2018. Upon conclusion of the assessment, Aluko & Oyebode, AELEX and the winner of the maiden edition - Banwo & Ighodalo, proceeded to the semi-finals in the Law Firm category, while University of Free State (South Africa), Obafemi Awolowo University (OAU), Lagos State University (LASU) and University of Nigeria (UNN), qualified for the semifinals in the University category. A tie between Babalakin & Co and Templars, was to be resolved by a preliminary

hearing, to determine which firm would proceed to the semi-finals. In preparation for the semi-finals and finals of the Competition, the LCA-YAN organised a three-day intensive training for the participating teams, which were drawn from Law Faculties and Law Firms. The trainings were facilitated by experienced Vis Moot coaches Dr. Benjamin Werthmann and Tijmen Klein Bronsvoort, at the Lagos Court of Arbitration from 23 to 25 July, 2018. University of Lagos (stepping in for the University of Free State, who were regrettably unable to attend the hearings) faced UNN, while LASU competed against OAU in the Universities’ semi-finals. For the Law Firms, AELEX faced Banwo & Ighodalo while Aluko & Oyebode faced Babalakin & Co, who had edged out Templars in the tie-breaking preliminary hearing. The semi-finals were heard by seasoned international Arbitrators, including Dr Konyinsola Ajayi, SAN, Dr. Babatunde

Ajibade, SAN, Mr. Tunde Fagbohunlu, SAN, Mrs. Funmi Roberts, Dr. Benjamin Werthmann, Tijmen Klein Bronsvoort, Mrs. Folasade Alli, Chinenye Onyemaizu, Laura Alakija, Ms. Diane Okoko, Seyilayo Ojo, Greg Nwakogo, Isaiah Bozimo, Shehu Mustafa and Perenami Momodu. Ultimately, the finals which involved Aluko & Oyebode competing against AELEX in the Law Firm category, while University of Lagos faced OAU in the Universities’ final. The arbitration panel for the Universities’ final comprised Mrs. Funke Adekoya, SAN, Dr. Khruschev Ekwueme, and Dr. Benjamin Werthmann, while the Law Firm final was heard by Chief Bayo Ojo, SAN, Mrs. Oyinkansola Badejo-Okusanya, and Tijmen Klein Bronsvoort. The event, which is gradually becoming an annual ritual in the legal community, is proudly supported by the Lagos Court of Arbitration as well as top Nigerian and International Law Firms, including AELEX, Abdu-Salaam

Abbas & Co, ALP, Aluko & Oyebode, Babalakin & Co, Banwo & Ighodalo, Bayo Ojo & Co, Broderick Bozimo & Co, Kenna Partners, M. A. Banire & Associates, SPA Ajibade & Co, Stephenson Harwood LLP, Strachan Partners, Ukiri & Lijadu and White & Case. The LCA-YAN was launched in line with the LCA’s mandate, to expose young professionals to International Arbitration Practice, and provide them with a platform to exchange views on issues in international arbitration. The LCA-YAN aims to achieve this objective through: Mentorship for young practitioners under the supervision and guidance of expert Arbitrators; Fostering an international network of young Arbitrators for educational and practical collaboration; Providing access to continuous professional development and career opportunities, and Teaching and encouraging compliance with global best practices in Arbitration, amongst young practitioners.

Legal Personality of the Week Adetola Ayanru

‘Early Specialisation is Key to a Successful Legal Practice’ My name is Adetola Ayanru. I work with S. P. A. Ajibade & Co., with offices in Lagos, Abuja and Ibadan. I joined S.P A Ajibade & Co. in 2010, and I am currently a Senior Associate in the Real Estate and Succession Planning Department. I have over 10 years of legal experience in Probate, Succession and Commercial Law. Over the years, this experience has translated into unparalleled insight and a creative approach resulting in hitch-free processing of succession planning, probate and other matters. Apart from handling both large and small estates, I also help individuals and corporations chart a path to successful wealth transmission and management. The bulk of the work I handle, is to ensure that the desires of the clients that have made adequate preparations are fulfilled, and where such arrangements have not been made, to ensure that the provisions of the Law as it concerns intestacy, are accurately applied. I work with mostly with Banks, Pension Funds Administrators, the Lands Bureau and the Probate Registries in all jurisdictions, in the realisation of these objectives. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Yes. My major challenges stem from the restrictions associated with the dictates of bureaucracy, which often

What was your most memorable experience as a Lawyer? My most memorable experience as a Lawyer, was when I had to attend a meeting with a senior at the NPA office in Marina, in my early days as a practicing Lawyer. I was wearing 5 to 6 inches heeled shoes. When we arrived at the office complex, for some reason, the elevator/lift was not working. I had to climb the stairs with the high heeled shoes, whilst carrying two heavy files, and I suffered tremendous pain and bruises to my feet. I quickly learnt that high heeled shoes, were not a girl’s best friend when out and about!

Adetola Ayanru

translate to me being unable to help my clients or resolve their issues, because of circumstances beyond my control. What was your worst day as a Lawyer? My worst day as a Lawyer, was during my NYSC when I arrived in court a few minutes late, and my matter had been called and struck out for lack of diligent prosecution!

Who has been most inﬂuential in your life? The most influential person in my legal career, has been my Head of Department with whom I have worked, for close to nine years. When I started to practice Law after my switch from the Bank, he was extremely patient with me. He saw the potential in me, and did not mind that I was a “late bloomer”, and in the event he did mind, he was never untoward in his interaction with me. Why did you become a Lawyer? I did not choose to study Law. My Mother chose Law, when she was helping me fill my JAMB form. I really wanted to study International Relations at the

Obafemi Awolowo University, but my Mother wanted me to stay in Lagos, so she picked a professional course that was offered at the University of Lagos. What would your advice be to anyone wanting a career in w? To start specialisation very early. The person should have narrowed down on the area of law she/he desires, by the time she/he is 2 or 3 years at the Bar, and start to put all her/his energies and focus in the development of that area of law. If you had not become a Lawyer, what would you have chosen? I would have chosen to be a Career Ambassador/Diplomat. Where do you see yourself in ten years? I see myself as helping the average man/woman plan for the future, by helping him/her realise that in the business of wealth transmission, there are no losers. I want to see people pay more attention to planning their estates, and making adequate preparations for their loved ones, by helping them realise that Wills and other estate planning tools, are not only for the elite, but can also be strategically deployed by anyone, for the transmission of assets according to his/her desires.

14.08.2018

Proposed Amendment to NBA Constitution 2015, Not Desirable Learned Senior Advocate, Dele Adesina, discusses the dangers of frequent amendments of the NBA Constitution by successive NBA Presidents, vis-a-vis the recent proposal of the present leadership, to once again effect some amendments, which have been opposed by NBA members in the past, further alleging non-compliance with the provisions of Section 20 of the NBA Constitution 2015

t is a common knowledge among all Lawyers in this country, that the Constitution of the NBA was amended in 2015 under the Presidency of Augustine Alegeh, SAN, the immediate predecessor of the incumbent President. Before that time, an attempt was made in 2012, which did not sail through at the Port Harcourt Annual General Meeting. There was yet another amendment in 2009, during the tenure of Oluwarotimi Akeredolu, SAN, now the Governor of Ondo State. Another amendment is being proposed for the AGM coming up on the 30th of August, 2018 by the President, A.B Mahmoud, SAN. For the avoidance of doubt, I know the role of improvement in all human endeavours; indeed, it is said that the largest room in the world, is the room for improvement. Improving a situation or a process, is not synonymous with throwing away a process for a totally new and different one. When you do that, you perpetually get trapped in experimentation. I concede to the good intentions, of the present leadership of the Bar. The President’s love and concern for a credible electoral process producing effective leadership, is not in doubt. However, it is my considered opinion that a good number of the far reaching and fundamental changes being proposed to the NBA Constitution, are not only unworkable, but can also be very counterproductive. I believe any amendment to our Constitution, must not only strengthen the democratic foundation of our Association, it must add value to the process of the emergence of credible leadership, and must be acceptable to the generality of our members. Compliance with Section 20 of the NBA Constitution 2015 I was the General Secretary of our great Association between August, 2002 and August, 2004, and a life member of the National Executive Committee, yet I never received the Notice of the Proposed Amendment to the Constitution from the General Secretary of the NBA up to the date of writing this piece. I was only able to get the copy of the Notice, courtesy of one of the past Presidents of the Association Austin Alegeh, SAN, who was gracious enough to ask his Secretary to send me a copy, which I received on the 4th of August, 2018. But for this gesture, like very many members of our Association, I would not have received the Notice of the Proposed Amendment. Similarly, I know as a fact that, the Chairman of Ikeja Branch Prince Dele Oloke Esq, was only able to obtain a copy of the Notice from me on Monday the 6th of August, 2018. Reports also confirm that, very many members of our Association neither got the Notice or the Proposed Amendment. It is very doubtful therefore, if there is compliance with Section 20 of the Nigerian Bar Association Constitution 2015, which obligates the General Secretary “to circulate the Notice and the Proposed Amendment to delegates at least 30 days before the Proposed Amendment is tabled at the AGM”.

the overall efficiency and effectiveness of the Association. It should also be recalled that, as late as 2012, a proposed amendment to include State Bars into our Constitution, was vigorously and unanimously rejected at the Annual General Meeting which was held in Port Harcourt. The situation that calls for that rejection, remains valid today as it was six (6) years ago.

NBA Presoident, AB Mahmoud, SAN

If this proposal is not reversed, it will impact negatively on the participation of the junior members, in the affairs of the Association. Furthermore, it will also negatively impact on the spread of our Officers, which today is a veritable vehicle for inclusion and active participatory interests. The proposed Governing Board, is just another name for the National Officers meeting. What more, the duties of the members of the Board, are the duties of each of the Officers of the Association, as presently stated under the 2015 Constitution. Finally on this, there is nothing in the proposal, that tends to reposition the National Executive Committee, for independence and effectiveness. Rather than reinvigorating the powers of the National Executive Committee (NEC) an attempt has been made by the proposal, to diminish its powers by making the Governing Board (of promotional officers), to be the Policy making body of the Association. State Bar The Proposed Amendment, seeks to create State Bars, by providing for the establishment and functions of State Council of Nigerian Bar Association. The promise that “creation of State Councils is not to replace NBA Branches”, is of no moment. There is no function ascribed to the State Councils in the proposal, that the Branches are not presently performing. Experience has also shown that, Branches in a State do collaborate and cooperate with one another, when exigencies require this. The autonomy and independence of the Branches, is of utmost importance to

Speciﬁc Proposals Let me comment briefly, on three of the suggested proposals. Establishment of the Governing Board The leadership has proposed the establishment of a Governing Board to comprise of: The President, 1st and 2nd Vice Presidents, General Secretary, Assistant Secretary, two representatives each from East, North and West, the immediate past President, and immediate past General Secretary. The tenure of the Board is a single term of two years. It is to be noted that eight (8) other offices, including but not limited to the offices of 3rd Vice President, Welfare Officer, Publicity Secretary, Assistant Publicity Secretary and 2nd Assistant General Secretary of the Association, have all been peremptorily abolished by this proposal. It will be recalled that, an earlier attempt to scrap these other offices, has been opposed to by our members, for the simple but very important reason that, those offices serve as platforms for Junior members of the Bar to climb the ladder of leadership. Nothing has changed, to defeat that argument.

“THE PROPOSED AMENDMENT, SEEKS TO CREATE STATE BARS....IT SHOULD ALSO BE RECALLED THAT, AS LATE AS 2012, A PROPOSED AMENDMENT TO INCLUDE STATE BARS INTO OUR CONSTITUTION, WAS VIGOROUSLY AND UNANIMOUSLY REJECTED AT THE ANNUAL GENERAL MEETING WHICH WAS HELD IN PORT HARCOURT”

Succession of Governing Board Another significant aspect of the Proposed Amendment, is what the Committee described as, succession of Governing Board members. It is difficult to see the rationale, behind this proposal. First, it is totally unworkable, second it is undemocratic and against the principles of the Rule of Law. Besides, it is capable of occasioning diminishing leadership, and robbing the Association of the much needed experience, effective and efficient leadership. The NBA has a corporate responsibility to defend Democracy and make it sustainable in our country, and most significantly, in the interest of the profession. We have a duty both constitutionally and professionally, to practically and proactively contribute to the building of a sustainable Democracy, and if we don’t have it, we cannot give it, as no one can give what he doesn’t have. The proposal says that NBA Presidency shall be a product of promotion or ratification at an Annual General meeting, like a Law firm or a company. The futility of this proposal, is exemplified by recommendation 3 of the proposal which says “where any of the above proposed successors is rejected by the Annual General Meeting... the predecessor’s ofﬁce shall be open for contest and elections... in accordance with this Constitution”. It follows therefore that, if for any reason whatsoever, the promotion of a successor is rejected by the AGM, then, the office of the Predecessor shall be open for contest and election. The question is, what then will the proposal achieve, when there may be a contest and election in any way. The NBA is, and must remain, a democratic Association at the centre of which is contest and competition. The current system of electing our officers, is good for the Association based on the ideals of Democracy and the propagation of the Rule of Law. All we need, in my humble opinion, is a full democratisation of the electoral process, through the reinvigoration and refining of the Austin Alegeh, SAN initiative of electronic voting system. The policy and process of ‘one Lawyer, one vote’, must be protected by all of us. It guarantees the putting of democracy to work. Furthermore, it ensures that, emerging officers represent the true choice of the members of the Association. Conclusion In my memo dated 13th October, 2017 to the Constitution Review Committee, I said inter alia, that, a situation whereby all succeeding Presidents take pleasure in amending the Constitution of the NBA year in year out, is not right. This has made our Constitution, unstable. Experience, they say, is the best teacher. We are not able to build permanent experience or grow our Constitution anymore, as we change them almost every two (2) years. I also made the point in my memo that, the duty of the Branches who are the ultimate owners of this Constitution to make a tangible contribution through quality discussion and debate of the Committee’s recommendations must be fully protected. Regrettably this was not so, regarding the present fundamental proposals attached to the General Secretary’s letter of 25th July, 2018. The question is, between 25th July, 2018 and now, how many Branches have got these proposals and have been able to discuss them? In the light of the above observations, the only option available, is to defer this exercise, in order to give maximum opportunity to the generality of our members and the leadership of our Association at various levels, to discuss and deliberate on these far reaching proposals. The solution to NBA challenges, is not in amending the Constitution every two years. It is in reconstructing our attitudes and making our Constitution work, in the running of the Association. I have always said that, nothing works by itself, things are made to work. Dele Adesina, SAN, Past General Secretary of the Nigerian Bar Association

8/COVER

14.08.2018

Biriyai Dambo, SAN PHOTOS: Kolawole Alli

‘My Nembe People, Asked Me to Run for Senate’ It is a globally accepted norm, that Lawyers, by the very nature of their multidisciplinary training, make excellent Politicians. However, only the most altruistic of Lawyers, would leave the comfort of a lucrative legal practice, especially a Senior Advocate of Nigeria, who has reached the peak of his legal career, to seek elective political office as a Senator.This is what Mr. Biriyai Dambo, SAN has agreed to do, at the behest of his people. He spoke to Onikepo Braithwaite and Jude Igbanoi at his Office in Lagos, last week, about the long standing rotational political arrangement in his Bayelsa East Senatorial District, which now qualifies him to run for office, the development in Bayelsa State since its inception in 1996, mostly the milestones achieved by the ‘Restoration Administration’ of Governor Seriake Dickson, and his Manifesto

earned Senior Advocate, it is common knowledge that you have decided to run for the Bayelsa East Senatorial Seat. Apparently, there has been a standing arrangement of the rotation of the Seat amongst the 3 Local Governments, Ogbia, Brass and Nembe. It seems that it is now the turn of your Local Government Area, Nembe, to have the seat. Do you envisage any opposition to this arrangement from the sitting Senator, Ben Murray Bruce? Thank you for giving me this opportunity, to express my candid views and the position of the caucus and major

stakeholders from the Bayelsa East Senatorial District, who met very recently to deliberate on this very interesting, but delicate issue. From the inception of this democratic dispensation in 1999, there was an unwritten but very functional agreement

“IT WILL THEREFORE, BE MOST UNGENTLEMANLY FOR THE SITTING SENATOR, TO NURSE THE AMBITION OF WANTING TO RUN FOR A SECOND TERM”

between the three Local governments of Ogbia, Brass and Nembe, which make up the Bayelsa East Senatorial District, that any candidate that is elected under any party should serve just one term, and thereafter, it will move to the next Local Government Area (LGA) and so on, until the circle is completed. It will actually interest you to know that, the sitting Distinguished Senator Ben Murray Bruce from Brass, whom I hold in very high esteem, and respect so much, rode on this same rotational platform or arrangement, to actualise his victory at the polls in 2015. It wasn’t that the then incumbent, distinguished Senator Clever Ikisikpo from Ogbia was not interested in doing a second term, but because of his respect for the major stakeholders, his constituents and fundamentally the rotational arrangement on

14.08.2018 “THIS WILL PRIMARILY INFORM THE VERY ROBUST BILLS I WILL PRESENT BEFORE THE SENATE, THAT WILL BE BENEFICIAL, NOT ONLY TO MY CONSTITUENTS, BUT THE NIGER DELTA IN GENERAL, AND THIS WILL GO TO GIVE MORE FILLIP AND LEGAL BACKING, TO THE VARIOUS AGITATIONS FOR BETTER LIVING CONDITIONS OF OUR PEOPLE, BY THE VARIOUS PRESSURE GROUPS WITHIN AND OUTSIDE THE SHORES OF THE NIGER DELTA”

ground, he had to shelve his second term ambition to pave way for the sitting Senator Ben Bruce to run. It will therefore, be most ungentlemanly for the sitting Senator, to nurse the ambition of wanting to run for a second term. I don’t think his urbane status and reach in the society, would allow him truncate this standing arrangement, and even if he tries, the entire caucus and even major stakeholders in the District, will not allow it. He cannot eat his cake and have it. Like you rightly observed, it is the turn of Nembe LGA where I am from, and my constituents and major stakeholders have called on me to come and give them a good representation at the Senate, and after commuting with my God and consulting with my family and major stakeholders in the district, I have decided to heed to their clarion calls for good and purposeful representation, so that my constituents can benefit from the dividends of democracy that have alluded them for so many years. It is very important to let you know that Ogbia has done two terms through Senators, His Excellency the Late Chief Melford Okilo (First Executive Governor of the Old Rivers State) and Clever Ikisikpo. Brass has also been given the opportunity to do two terms, through Senators Inatimi Rufus Spiff and the incumbent Ben Murray Bruce. Nembe has only done one term through Senator Barigha Amange. Therefore it is the turn of Nembe, and I do not envisage any opposition to this arrangement from the sitting Senator, except the “perks of office” have influenced his sense of judgement (which I strongly doubt) of this very great son of the soil. It behoves on the constituents, to elect a candidate that can engage, liaise, interact and continuously consult with good assets and brains, to bring the dividends of democracy to bear on the good people of Bayelsa East Senatorial District. What is your Manifesto? What do your Constituents stand to gain, if you are elected? Hmmmmm. I had to make that seeming exclamation, because the purport of what you are asking me as “my Manifesto”, boils down to telling you what I believe in and what I intend to do for my constituents, whose mandate I will be seeking to represent, at the Senate. One thing you have to realise is that, the general belief is that politicians can give very wonderful manifestos, but when they get there they forget about those who elected them. From my humble upbringing and family background, I have a long standing and inherited reputation

COVER/9 to maintain. I have risen to the peak of my chosen career, as a Senior Advocate of Nigeria, it therefore behoves on me, to protect the image of the Legal profession and the revered rank of Senior Advocate of Nigeria (as a good ambassador), which I have sworn by the constitution of the Federal Republic of Nigeria 1999 (as amended) to protect, uphold, and for which I believe, posterity will judge me if I betray that solemn mandate of my constituents and Bayelsa State in particular, and the Federal Republic of Nigeria in general. I will be going to the Senate (if given the mandate), not just to give my people fish to eat, but I want to teach them how to fish, so that they can eat for a life time. You are asking me how? I will now explain.The Niger Delta, and in fact Bayelsa State, if I am not mistaken, is about the 3rd largest producer of Crude oil, which provides the revenue for the nation, and we have been neglected over the years, in terms of the entire degradation and pollution of our environment. As a Senator, I will first of all, look at the extant laws that border primarily on environmental protection, vis-à-vis the operations of the oil companies in the State in general, and see if they comply with internationally approved or acclaimed standards. The outcome will determine the kind of Bills I will sponsor, to protect my constituents and incorporate therein, implementation clauses stating specific time lines for compliance and strict penal laws for noncompliance, as a significant and bold step towards protecting the lives of my constituents from the hazardous effects of the pollutants emitted to the environment, to avoid the consequent health hazards which they are facing now, and may face in the future, if not nipped in the bud. I will put together like minds, through constant consultation with my constituents, to do a detailed comparative study of what obtains in the oil rich developed countries, and to see how they have been able to use the instrumentality of the law, to protect the interests and welfare of their citizens. This will primarily inform the very robust Bills which I will present before the Senate, that will be beneficial not only to my constituents, but the Niger Delta in general, and this will go to give more fillip and legal backing to the various agitations for better living conditions for our people, by the various pressure groups within and outside the shores of the Niger Delta. There is a saying that, knowledge is wealth. I intend using my knowledge, to create enduring wealth for my constituents and my State, if given the mandate, by constantly liaising with the ‘Restoration Administration’ of our very forward looking and visionary leader and Governor, His Excellency Hon Henry Seriake Dickson. The Bayelsa East Senatorial District is surrounded by swampy forests, rivers, seas and in fact, the ocean, and we need massive shore protection to preserve our God given and blessed land, from being taken over in places like Nembe, part of Ogbia and particularly Brass and Akassa. I want to use this opportunity, to thank the Restoration Administration, for connecting the three Senatorial Districts by road. This is unprecedented. My task will be to complement the efforts of the Administration by using my exposure, connections, status, pedigree, reach, lobbying skills, and by liaising even with established private investors and foreign partners, not leaving out the very vital Executive arm of Government which the Peoples Democratic Party (PDP) would have clinched come 2019, to accomplish the issue of shore protection for my constituents. Apart from shore protection, the population in the three LGAs is expending, and there is an urgent need for land to accommodate this teeming population. The last time land reclamation was embarked upon in the Senatorial District, particularly the Nembe axis, was during the regime of His Excellency, the Late Chief Melford Okilo. I intend to initiate the process, by lobbying

in the National Assembly to ensure this and similar projects like the Nembe-Brass road which by todays estimate will cost about N120 Billion, are incorporated into the budget, in case Senator Ben Murray Bruce has not initiated same. The issue of ensuring that the three LGAs are connected to the National Grid, cannot be over-emphasised. Thanks and kudos to the Restoration Administration for the Ogbia-Nembe Road, which has been on the drawing board under a joint project of NDDC and SPDC. I am aware that the project was abandoned by the contractor until the Restoration Administration through our restructuring friendly and acclaimed Executive Governor, Hon Henry Seriake Dickson, gave a whooping sum of N3 Billion to the said contractor to return to site. Today, people can drive to Nembe unhindered. So, to complement this laudable effort, I shall liaise with the Restoration Administration, and put the required pressure (through persuasion and extensive lobbying), on any Government at the centre to connect the LGA’S making up the district gradually to the National Grid, to ensure adequate power supply. All this is doable, what is required, is the commitment, determination and will power to deliver. Accordingly, very cardinal in my manifesto to my constituents, is human capital development and health care, especially of our aged parents. This will be made possible by my constant interaction with the youths, elders, Chiefs and Paramount rulers within the district, on efforts to get our youths gainfully employed, thereby massively curbing the issue of youth restiveness and militancy within our water ways, and putting up projects to assist our ageing elders and senior citizens, through the prudent and effective use of funds meant for constituency projects, for the welfare and primary health care delivery of the constituents to complement the efforts of the Restoration Administration. I shall set up constituency offices in the three LGAs, to ensure effective impact of constituency related projects on my constituents. My constituents are my primary responsibility, and my representation will be primarily focused around them, as a listening and home friendly servant leader. Finally, I will initiate a forum of the Three Senators from the respective Senatorial Districts of the State, to always compare notes and exchange ideas, to enhance good representation after properly consulting with the Restoration Administration, ably led by His Excellency Hon Henry Seriake Dickson. All other initiatives for the good people of the Bayelsa East Senatorial District will be premised on constant engagements, consultations, interactions, periodic enlightenment programs and town hall meetings, to elicit the needs and peculiar problems of the constituents, which might need the direct intervention of the Federal Government, and if need, be to sponsor a Bill to address such issues. I will give my constituents, qualitative and a purpose driven representation in the Senate of the Federal Republic of Nigeria. By giving me their collective mandate, they stand to gain a lot. This is an arm of Government, that is primarily engaged in the making of good laws for effective administration and welfare of the citizens, which perfectly suits my calling as a professional, to project the yearnings of my constituents. As a Senior Advocate, why are you abandoning your successful legal practice to seek political ofﬁce? Surely, your Practice will suffer in your absence. Is it worth the sacriﬁce? I want to hurriedly correct the impression that, I am abandoning my practice to seek political office. Far from it, politics is not meant for a particular set or class of people. We are all political animals, as the popular saying goes. Would you say legal luminaries and Senior Advocates of Nigeria like the Vice President Prof ‘Yemi Osinbajo, SAN GCON, Mr. ‘Tunde Fashola, SAN, current Minister of Power, Works and Housing, or even the Present Executive Governor of Ondo State, ‘Rotimi Akeredolu, SAN, just to mention a few, abandoned their legal practice to seek political office? As far as I am concerned, it is a clarion call to either serve the nation or your people in which or whatever capacity, which in my own case is to serve my constituents and to give them good and purpose driven representation. My practice is, and will still be running, because I have very able hands and very intelligent Lawyers at that. Even though the call to serve my constituents is in the realm of public service, I am not deviating from law as a profession, since making of laws is a very fundamental aspect of the legal Profession that requires some expertise which most people in this country have failed to understand. However, the aspect of practice which I will miss and which I had to pray over, is the litigation, which is very key to my practice. But, if your constituents have confidence in you, and have called on you to come and serve and protect their collective interest, I don’t see any true son of the soil who loves his people, that would decline such an offer. The beauty of having a practice you can fall back on after service to the nation and your people, is that you would have impacted positively on the lives of people, and you will not be judged on the wrong side of posterity, premised on your good works and positive contribution to the nation and your constituents in particular. I think it is worth the sacrifice. Tell us about Bayelsa State. Not much is really known about your State and it’s rate of development since it’s creation on October 1, 1996. To the best of our knowledge, the Capital Yenagoa, was known to have only one major road, Mbiama-Yenagoa, up until a few years ago. What has changed? Has Governor Seriake Dickson’s Administration done anything to improve the State? What is his so- called ‘Restoration Administration’ all about? What has his Administration restored and what would you say

CONTINUED ON PAGE 10

10/COVER

14.08.2018

‘MY NEMBE PEOPLE, ASKED ME TO RUN FOR SENATE’

are his major achievements so far, if any? Between 7th October, 1996 and 14th February, 2012 when the present Executive Governor, His Excellency Hon Seriake Dickson was sworn in, the State had had four Military Administrators and seven democratically elected Governors, two out of which were in acting capacities. The State is referred to as, ‘the Glory of all lands’. The State capital is in Yenagoa, and there are eight LGAs in the State, out of which the three Senatorial districts were carved out, namely Bayelsa Central, Bayelsa West and Bayelsa East Senatorial Districts respectively. Yes on the 1st of October, 1996 when the State was created, there was only one major road, like you have pointed out. When the first Executive Governor of the State, the Late Chief Diepreye Alamieyeseigha was sworn on the 29th of May, 1999, he laid the proper foundation from which other Executive Governors (including our well respected leader and statesman Former President Goodluck Ebele Jonathan GCFR), were able to capitalise on, in developing the State from the then glorified Local Government status to the modern and well developed status. However, all these narratives have changed, and projected to an unimaginable level of modern development of both infrastructural and human capital development, under the Restoration Administration of His Excellency Hon Seriake Dickson, who developed the State to the true Glory of all Lands as it has turned out today, from the 14th of February, 2012 when he was sworn in as the Executive Governor of the State. The Governor, in steering the affairs of State, has ensured that the cardinal principle of Separation of Powers as enshrined in the 1999 Constitution (as amended), is maintained between the Executive, Legislature and Judiciary. Unlike under the previous administrations, the relationship between the three arms of Government has been very cordial, without any iota of rancour. On August 2, 2018, the Governor signed into law, 10 new Bills presented to him by the Speaker of the State House of Assembly. The relationship between the Executive and Legislature is so cordial, that the Governor held out the Speaker of the State House of Assembly, as the most competent and longest serving Speaker of all the Houses of Assembly in the country. In the Justice delivery/administration sector, the Bayelsa State Autonomy Bill, was signed into law in October, 2012. The wordings of the Law reiterates the fact that the Restoration Administration believes in the principle of separation of powers, and particularly, in the financial or fiscal independence of the Judiciary, as enshrined in the 1999 constitution (as amended). The law was promulgated to create a legal backing for the fiscal autonomy

CONTINUED FROM PAGE 9

of the Judiciary, so that it cannot be overruled by any administrative fiat in future. In a further bid to entrench her achievements to reform the justice administration in the State, the Restoration Administration ensured and made it possible that every single Lawyer in the Ministry of Justice, has a laptop and Law Pavilion software installed in it. Of utmost importance also, is the Multi-Door Court which has entrenched the ADR mechanism and its paraphernalia of Conciliation and Arbitration. This, without mincing words, go to further reiterate the visionary posture of the Restoration Administration, on which note I can boldly posit that it has scored an excellent and commendable mark. The infrastructural developments in the State, have been quite legendary with massive construction of both major and internal road networks within the State. A case in point, is the major expressway (named Isaac Boro Express Road), from Tombia round about up to the first flyover built in the State by the Restoration Administration, down to the Oxbow Lake Pavilion and other network of roads constructed by engaging Julius Berger and other reputable construction giants, to carry a total overhaul of the road networks all over the State capital. The Administration has also extended this massive construction, by linking the three Senatorial Districts by road to the State capital. The Sagbama – Ekeremor Road, is one of the three senatorial roads in the State. It is designed to connect all the communities in Bayelsa State West Senatorial District. Other big ticket Senatorial projects in the State, are the Yenagoa – Oporoma – Kolokuma Road to link the Central Senatorial District, and the Ogbia – Nembe – Brass Road for the East Senatorial District. All of them are conceived and designed to link the State Capital, and all communities to the Capital, and to the sea where the wealth of the State is believed to be domiciled. The multi-billion Naira Bayelsa Cargo International Airport with a 3.5 kilometre runway, has been described as strategic to boosting the economy of the State and the entire Niger Delta. The 10,000 capacity Ecumenical Centre, and the second to none new Governor’s office complex, cannot be left out. In the education sector, the past 6 years of the Restoration Administration, has recorded a very positive level of creative and mind blowing innovations and achievements. One of such numerous achievements, is the just concluded 2018 National Council of Education (NCE) Summit, based on her performance educationally, especially in external examinations like WAEC and NECO, where they have maintained an enviable position back to back in recent years, compared to the past. The establishment of model schools equipped with boarding house facilities and the University

“IN BAYELSA STATE THE MAJOR CAUSE OF POLLUTION IS AS A RESULT OF THE ACTIVITIES OF THE OIL COMPANIES OPERATING WITHIN THE STATE, OIL SPILLAGES FROM BURST OIL PIPES, ILLEGAL REFINING OF CRUDE OIL, PRIMARILY THE WAY AND MANNER THESE ILLEGAL REFINERIES ARE DESTROYED BY SETTING THEM ABLAZE BY THE MILITARY TASK FORCES, AND GAS FLARING, WHICH REQUIRE LAWS TO CURB THESE POLLUTANTS WITHIN SPECIFIC TIME FRAMES”

of Africa in Toru-Orua, are also worth mentioning. In the health sector, the Restoration Administration recently handed a cheque of N1.2 billion, for the construction of health care facilities in the 105 wards in the State, to reduce the rate of infant and maternal mortality, and create increased access to health care services in the State. The health care facilities, are expected to be completed by December, 2018. To prevent death of pregnant women, a special safe motherhood allowance of N3,000.00 per month, has been approved for every pregnant woman until delivery, and a special insurance coverage for pregnancy related drugs at any of the hospitals until delivery. A world class Diagnostic and Forensic Centre, has also been established. In similar vein, the State Governor has already forwarded a Bill to the Bayelsa State House of Assembly, for the establishment of the Bayelsa Medical University in Yenagoa, to specialise in primary health care and tropical medicine, and also serve as a Teaching Hospital for specialist training in the State. It will interest you to know that, the University will be affiliated to a reputable medical Hospital in India, and other reputable world class medical institutions abroad. It is designed to have multiple campuses, strategically established in the Five Hundred Bed Facility in Yenagoa. The University in my view, is a master stroke of the Restoration Government, deliberately put in place, to address the critical issues of dearth of medical professionals in the State. Not too long ago, the Restoration Administration also embarked on massive Civil Service Reforms. This initiative which according to His Excellency, has saved the State about One Billion Naira, was well carried out by the Hon Commissioner for Information Hon Iworiso Markson, by holding Town Hall meetings in the 8 LGAs of the State, to enlighten the people of the benefits of the reforms. You cannot but agree with me that, a lot has changed since 1st of October, 1996 when the State was created, coupled with the huge achievements recorded by the Restoration Administration. The Phrase “Restoration Administration” was coined by Governor Dickson’s Administration, to chronicle the achievements and dividends of democracy brought to the door steps of Bayelsan’s, and to establish a departure from the failure of the last administration to meet the yearnings and aspirations of the good people of Bayelsa State. In the past, there have been problems between Law Enforcement Agencies like the Special Anti-Robbery Squad (SARS), the Army and the people of Bayelsa. There have been several allegations of Extra-Judicial killings, like that of the 2016 killing of the Footballer, Izu Joseph, by the Army. What is the reason for all the unpleasantness? As Senator representing Bayelsa East, what will you do to stem this horrible tide? The issue of extra Judicial killings by the law enforcement agencies, especially SARS, has been of great concern to the Government and the people of Bayelsa State. The unfortunate incident of the shooting of the late Shooting Stars Footballer, Izu Joseph, occurred in October 2016, at Okaki in Bayelsa State. The primary reason for the extra- judicial killings that were rampant in the State then, was as a result of clashes between cult groups and SARS officials, and in a bid to maintain law and order, innocent citizens may fall victim.

Although, there is also the issue of overzealousness of the gun toting SARS officials, in their notorious bid to harass and extort money from innocent citizens within the State. All these are probabilities. However, in a bid to stem the horrible tide, the people must be gainfully employed. Remember, Bayelsa is a Civil Service State, with very low Internally Generate Revenue (IGR). Everybody looks up to the Government, for survival. If given the mandate to represent the good people of the East Senatorial District, the first thing I will embark on, is to liaise with the Government to ensure more Federal presence in the State, and to work assiduously on a Bill to ensure that the oil companies carrying out oil exploration in the State, move their operational headquarters to the State to boost the IGR of the State, in terms of taxes and other benefits accruable therefrom. I know for a fact that, Governor Dickson has been clamouring and putting pressure on the oil companies through the Executive Arm of Government, to accomplish this laudable feat. But, my own approach will be to use the instrumentality of the law, after due consultation with the duly elected Senators from the two other Senatorial Districts of Central and West, to facilitate and accomplish this move. With the presence of companies and industries in the State, people will be gainfully employed, IGR will improve and the issue of militancy will also be eliminated, so there will be minimal clashes between the law enforcement agents and the people. After proper consultation and strategising with the Restoration Government and the other two Senators, I will initiate a move to engage Private investors to invest in the State, and also encourage the Government to execute viable people-oriented projects, through public private arrangements or initiatives. This will place less burden on the Government, and generate job opportunities for the people, thereby reducing crime and the need for the Law enforcement agencies, especially SARS, to maintain peace, which will stem the extra-judicial killings. Rivers State has suffered serious environmental degradation and pollution, due to oil exploration, spillage, and other related activities. What is the situation in Bayelsa? Is your State suffering the same fate? There is no doubt that any aftermath of environmental degradation and pollution due to oil exploration that affects Rivers State, will in one way or the other, also affect Bayelsa State, the only difference being the magnitude of the effect. Presently, in Rivers State, there is this issue of Soot with its dire health implications pervading the State, and of recent, it has been so glaring that there have been various protests by individuals, concerned citizens and even Organisations, to the Rivers State Government. Of note is the Press release of May 1, 2018 by the “#StopTheSootCampaign”, a hybrid group of conscientious, concerned, and dedicated residents of Port Harcourt metropolitan area, who had hitherto carried out a peaceful protest on Thursday, April 29, 2018 from the Issac Boro Park to the Government House Port Harcourt, Department of Petroleum Resources, Moscow Road and Rivers State House of Assembly. Another letter dated January 24, 2018 titled “Soot in Rivers State: Save Our Soul”, was written to the Prime Minister of the United

CONTINUED ON PAGE 11

14.08.2018

COVER/11

‘MY NEMBE PEOPLE, ASKED ME TO RUN FOR SENATE’ Kingdom, complaining of the activities of the International Oil Companies (IOCs), and the health implications on both Children, Adults and the Aged in the State. These initiatives were spear headed by a Bayelsan, who is my friend and brother - Mr. Eugene Abels who I must commend. In Bayelsa, the effect of soot is not as pronounced as that of Rivers State, especially as my State is not as industrialised as Rivers State. In Bayelsa State, the major cause of pollution, is as a result of the activities of the oil companies operating within the State, oil spillages from burst oil pipes, illegal refining of crude oil, and primarily, the way and manner these illegal refineries are destroyed, by setting them ablaze by the military task forces, and gas flaring which requires laws to curb these pollutants within specific time frames. The promise by the Federal Government, to build Modular Refineries, would have to a great extent, solved this illegal refining of crude oil and provide jobs for the indigenes, thereby curbing the spate of militancy, unrests, and even reducing the spate of environmental pollution in the State. We need to put in place good environmental protection laws, that will accord with international standards. Our rivers and farm lands have been polluted, so we need the oil companies and even the Federal Government, to address these issues. That is why we need sound and intelligent representation, in the Upper Chamber. Rivers State recently announced its intention to sue the Federal Government (amongst others), partly because of the high level of pollution and black soot, and the dangers it poses to the health of the people of the State. What is the position in Bayelsa? Do you think such an action is necessary, and that it will yield positive results? Candidly, I am not averse to the Rivers State Government suing the Federal Government, the Multi National Oil Companies, and other Government Agencies responsible for monitoring the activities of these Oil Companies, after establishing through forensic tests and investigations, that the black soot is a direct consequence of the activities of the oil companies, and they have shelved their responsibilities. I informed you earlier, that in my reckoning, part of the causes of the pollution in whatever guise, cannot be devoid from the activities of oil bunkering and how the Federal Government Agencies through the respective Naval/Military/ Special task forces have been handling the issue of destruction, and on most occasions setting ablaze such illegal refineries, thereby leading to environmental degradation and pollution. If the Federal Government through their agencies, carry out activities within their exclusive powers, to the detriment of the indigenes of Rivers or Bayelsa States, or any other State within the Federation, such a State or even the people concerned, have a right to sue them. The Ogoni example, is still fresh in our memory. The Federal Environmental Protection Act (which established the Federal Environmental Protection Agency), has set out procedures to be taken, when such activities that affect the environment occur. In as much as such an action is necessary and expedient, the down side, is the time within which it will be concluded and the implementation process. I do not think litigation will yield the desired and positive results, due to the delays that might be occasioned by factors not contemplated, considering the continuing health implications, if a quick and sustainable solution is not brought to bear as soon as practicable. Be that as it may, the quickest solution, is to promulgate laws and/or sponsor Bills, that will check and mitigate activities of the companies or agencies involved. The implementation of the Ogoni Cleanup exercise, is very apposite here, which the Federal Government has fixed for August 2018, after a flag off ceremony which took place well over six months ago. Do you subscribe to the school of thought that the people of the Niger Delta have been discriminated upon, and that the level of development there is much lower than it should be? And that you deserve more, considering that most of the wealth of the nation is derived from there? I am definitely of the school of thought that, the people of the Niger Delta have been discriminated against, in terms of what they get from the Federation Account compared to what the Federal Government gets as revenue, from the oil proceeds from the region. You will recall that under the parliamentary system, where we were operating a regional system of

CONTINUED FROM PAGE 10

government, the sharing formula was 50/50, then each region was able to sustain itself from the its resources. Nigerians were proactive and not lazy and indolent. Agriculture, was the main stay of the economy. However, the whole scenario changed with the advent of oil in large quantity, and with the creation of States under the military era. The centre became very powerful, and the Federating States, especially the Niger Delta States, were handed down peanuts, relative to their contribution in terms of resources to the national purse. This brought about the various agitations over the years, on the issue of resource control, and of recent on the burning desire by the Niger Delta, East, West and even some protagonists from the North, to restructure the Federation. By so doing, there will be mutual respect and peace. The interventionist agencies like OMPADEC, and now NDDC, are just temporary measures to placate the Niger Delta People. We want a permanent solution, which is the Restructuring of this Federation. The Centre cannot continue to feed fat, at the expense of the goose that lays the golden egg. The 2014 National Conference Report of the Former President Goodluck Jonathan’s Administration, should be implemented by this Administration. It is comprehensive enough. After all, the ruling Party is not averse to Restructuring. It is contained in its Constitution. To know and re-emphasise the importance of the issue of Restructuring, Governor Dickson even recently met with Governor El- Rufai on the issue, regardless of the fact that he is in the main opposition party. In similar vein, he recently delivered a very powerful lecture at the Obafemi Awolowo University, on the urgent need for Restructuring and true Federalism. To therefore balance the equation, and enthrone justice and equity devoid of discrimination, what the Niger Delta wants today, is restructuring and true Federalism, not all the interventionist schemes horridly put together temporarily to salvage the situation, or pacify the Niger Delta people from agitating for their collective God given wealth. How would you rate the performance of President Buhari and his Administration so far? Has the Administration delivered on its campaign promises, especially those of security, corruption, and the economy? If I have to tell the truth, which I will always do, no matter whose ox is gored, the answer is a clear “no”, based on his campaign promises, especially in the core areas of Security, Corruption and the Economy. Please understand me well; my conclusion is hinged on his promises vis-à-vis what I can see and perceive, as a Nigerian living in Nigeria and not abroad. Let me hurriedly state that, when it comes to integrity, honesty, transparency and sincerity of purpose, I will give our President personally one hundred percent, without thinking twice. That was the mindset most Nigerians had, when they voted for Buhari in 2015. So, you can see that after almost four years gone in his

“I AM DEFINITELY OF THE SCHOOL OF THOUGHT THAT, THE PEOPLE OF THE NIGER DELTA HAVE BEEN DISCRIMINATED AGAINST, IN TERMS OF WHAT THEY GET FROM THE FEDERATION ACCOUNT, COMPARED TO WHAT THE FEDERAL GOVERNMENT GETS AS REVENUE FROM THE OIL PROCEEDS FROM THE REGION”

administration, the opposite is what people are getting, which is hunger, penury, frustration, loss of jobs, unwarranted attacks and deaths/killings from Boko Haram, Fulani Herdsmen, forceful occupation and grabbing of land, religious crises and extra-judicial killings, hate, frustration and what have you. I can continue. When President Buhari came into power in 2015, most people saw him as the messiah that had come to right the wrongs and alleged corruption, by the last administration. The question today is, has corruption been eliminated? The answer is no. We have seen cases of corruption, even within the Presidency. The sacking of the Secretary to the Government of the Federation, on the abysmal issue of a grass cutting contract. Non-adherence to the rule of law; adherence is key, in any democracy. The cases of Col Sambo Dasuki and Ibrahim El Zakzaky, who have both been granted bail severally at different times, but are still in detention as a result of non-compliance by this administration to court orders are cases in point. Most politicians in the opposition that have stolen public funds, defect to the ruling party to take solace and protection from the long arm of the law, and they will be welcomed and even make fanfare out of it. What other form of corruption can be greater than this? There is no cordial relationship between the Executive and other arms of Government, especially the legislature. The occupation of the National Assembly by the Department of State Security (DSS), premised on ‘orders from above’ as we heard is rather unfortunate. At least the Director General of the DSS was immediately sacked to save the face of the Administration. Thanks to the Acting President, Prof ‘Yemi Osinbajo, SAN, GCON for leading by example. This is the second arm of Government, for Christ sake. When the President Buhari Administration came to power in 2015, the foreign exchange rate was still bearable. A few months into the Administration, the rate hit the roof. Price of fuel, petrol, diesel and kerosene went up. The

issue of subsidy which was condemned by this Administration, has resurfaced in disguise. Nigerians had to start withdrawing their children schooling abroad, the economy was plunged into severe recession, first of its kind in the past 30 years, businesses collapsed overnight, out of frustration people started committing suicide by jumping into the lagoon in Lagos. This Administration blamed it on the looting, by the last Administration. Recall most of the top Politicians in the last Administration, are now in this Administration. What has then changed? The question is, are things any better as regard fighting corruption in the public sector and the country, in general? If another Administration comes in 2019, would this present Administration have performed any better, in terms of corruption than the previous Administration? The 2015 scenario is repeating itself, in that the R-APC has broken out of the APC. There is now defection galore. So, I ask again has anything changed? I don’t want to hazard a guess or conjecture. Time will tell. Having said all this, the President Buhari’s Administration synthesised Nigerians to diversify, especially in the realm of Agriculture. The rail transportation system was revived, though this was a project started by the President Goodluck Jonathan’s Administration. All in all, I don’t think this Administration has met the aspirations of Nigerians, considering the testimonial of the Captain of the Ship, on whose table the buck stops. In as much as President Buhari as a man is straight forward and impeccable, the people surrounding him have not been able to allow him fulfil his campaign promises, especially those of security, corruption and the economy. This is not fair for a President that came in with a lot of accolades, fanfare and hope for Nigerians. On the issue of appointments being lopsided and in favour of the North; to be candid, this is very glaring amongst his kitchen cabinet in the Presidency, the Security Chiefs and within the Electoral Body INEC. This is one aspect Former President Jonathan’s Administration, was different from this Administration. The former President had an open door policy. But one thing that will keep on going for him, is the fact that he will ever be the father of true democracy in Nigeria, by making that very difficult telephone call conceding defeat. In recognition of President Jonathan’s role in enthroning democracy and enduring peace in the country at the time, he has earned so many accolades and awards, been invited to deliver many lectures abroad, and was also invited to observe and monitor elections in the two African countries of Liberia and Sierra Leone in 2017 and 2018 respectively. In the last few days, there has been a ‘Gale of Defections’ from the APC. Is this an indication of the failure of the APC and it’s form of Governance, or simply a matter of Politics of self-interest? When elections are approaching, defections of this nature are likely to occur. In the case of the ruling party, the crack within the party set in when the National Assembly was inaugurated, and the circumstances that eventually led to the emergence of Dr Bukola Saraki as the President of the Senate. You will also recall that, it was this same division within the APC, that brought about the emergence of Dr Ike Ekweremadu as the Deputy President of the Senate. There were a lot of intrigues within the party, because it was a party horridly put together, to achieve a predetermined purpose. Hence, it was a party of strange bed fellows. It was therefore, not surprising when the gale of defections started. The implosion was waiting to happen, but it was just a question of time. The defectors, were waiting for the right time to strike. So, when the opportunity availed itself with the discharge and acquittal of the Senate President by the Supreme Court, the time became ripe to defect. In essence, the defection in the National Assembly from the ruling APC to PDP, was largely as a result of the failure of the party in governance which did not meet the aspirations of some of its members, and this was probably what led to the Buba Galadima led R-APC. You will recall that, the top hierarchy of the Party, through its newly elected Chairman, Governor Adams Oshiomhole, tried to persuade them, but the issues were quite fundamental, from all the reasons adduced by Buba Galadima, that is why he is challenging the way and manner the Chairman emerged at the National Convention, and which eventually brought about the huge

CONTINUED ON PAGE 13

12/TRIBUTE

14.08.2018

Fortunatus Olatunji Kingston-Gomez: Witnessing ‘The Golden Era’ Learned Senior Advocate, Olasupo Shashore, pays tribute to late Pa Olatunji Kingston-Gomez, the oldest practicing Lawyer in Nigeria, who joined the saints triumphant on July 18, 2018, at the age of 90, accentuating Pa Gomez’a role as a source of the History of Lagos Island, and a contributor to the book, ‘The History of Lagos: From Earliest Times’, having lived through those times

e all got the same news announcement, even though some of us had already heard privately from the family: “Pa Gomez until he passed on yesterday night, was the oldest practicing Lawyer in Nigeria, and a deeply loved member of the Premier Bar”

First Encounter I instantly recalled, the very first day I formally met Mr Gomez. It was in 1987. The newly appointed Chief Justice of Nigeria, Mohammed Bello, was touring the country, and so he came to Ibadan. The CJN had with him the leading Justices of the Supreme Court, prominent for obvious reasons among them, was Kayode Eso JSC. During the cocktails, Justice Eso guided the CJN away from his banter with other prominent guests. Eso gleefully introduced a well cut figure, a senior member of the Bar:“ My Lord CJN I’m sure you remember Kingston-Gomez, we were at Trinity College, Dublin together ...”; and the exchanges continued between the men with wit and humour, jibing each other on matters of law and beyond. I never told Mr. Gomez that I was the wide eyed, skinny young wig with big ears standing just behind my principal, Chief Olisa Chukura, SAN, doyen of the Ibadan Bar at the time. What a glorious age that was, things were as they should be - senior Lawyers held supreme the age old etiquette of the Bar, and Judges were jurists, thinkers and courageous judices. The legal community was agog with decisions that were defining legal rights of the modern Nigerian, we were at the leadership of jurisprudential thought in Africa, with the finest talents on hand. The courts had wrestled Locus Standi principles, expanded the Nigerian citizens access the justice in ABRAHAM ADESANYA v PRESIDENT OF FRN and AG BENDEL v AG FEDERATION; the tyranny of Governor’s Consent under the Land Use Act had been tamed, given its inchoate label saving land security from disaster in the commercial sector in SAVANAH BANK v AJILO; the budding disruption that ‘jurisdiction’ of the Federal High Court vis the State High Court, had been put to bed forever (so we thought) in BRONIK MOTORS v WEMA Bank; the judicial discretion of the courts of equity as old as the law courts was sharpened and brandished with confidence by the courts in BUCKNOR MACLEAN v INLAKS; at the Bar, the use of ubiquitous techniques to avoid the merit review for which the judicature was established was rare to nonexistent. The Supreme Court gave requiem to technical justice and enthroned substantial justice to reign for ever – cases were to progress heard and decided on merit, the law was to develop, the Judex would have and use judicial discretion, and thereby, command the respect required by the rule of law (or so we thought). At this time Kingston-Gomez and his generation were in their prime, with hindsight we were privileged to share the experience. The SAN Rank That day, in that era, Mr. Gomez made an instant impression on me as an example of everything I wanted to be as a Lawyer, upright, smart in his trademark three piece suit, witty, courageous and conspicuously conscious of his duty to society. Even now as I am a member of the body of Senior Advocates of Nigeria – a rank that he wished desperately to reform, for some justifiably good reasons – he challenged the system and convention with many right thinking Lawyers - we should be grateful that he instigated much needed introspection. By leading the demands against the rank, some necessary reforms have been embarked upon, there is still much to do. Pa Gomez: A Source of Lagos’ History Some thirty years after that first encounter, as Chairman of the Lagos History Committee together with some distinguished Historians, Researchers and Writers – realising that our history was a fast disappearing asset- we were charged with producing a compilation of a history of Lagos from its time as a kingdom to being the British Crown Colony of Lagos, and finally to a component State in a modern day Federation of Nigeria. One of our missions was to access a valuable and often dissipated source called ‘oral history’. Mr Gomez, by this time ‘Pa’ Gomez, was easily identified as a source of the history of his beloved Lagos Island. And so on Saturday morning the 21st of March, 2015, on behalf of the History Committee, I drove to see Mr Gomez at his Lagos Island residence, he was expecting me. His Office Assistant and his daughter, Aduke, were the only other people there. We were soon left alone to delve into one of history’s most valued yet hidden treasures; the unwritten recollections of an eye-witness to history. We were to capture what, if not for that conversation, would today have been lost forever.

the defeat of a group supported by Herbert S. Macauley the leading political figure of the day: E ma fun le’jamo, Macaulay di yeye. E ma fun leranmo, Macaulay di yeye [Translated to mean: ‘Do not support Macaulay (with different food items), he has become irrelevant’]. As the afternoon wore on, Mr Gomez offered and I gladly accepted, some libation he himself by then (86 years old) had a tipple of Brandy, while he entered ‘another gear’ recounting his family roots:

The Late Pa Tunji Gomez

He first delved into his early years in Lagos, he was proud of his Brazilian heritage which commingled with Nigeria’s, under appreciated slave trade story: “During Christmas, children would go singing from house to house, carrying large lanterns. They got money for singing, and during Christmas time, everybody was happy. Then on the next day after Christmas, they have the appearance of the Caretta groups. The Caretta is actually the name for a mask, or a type of fun face they imported from Brazil. We also called it ‘fun face’...” “During the parades, there would be a prized masquerade - the effigy of a bull - for the festival, it was called the Meboi ( * Properly called ‘meu boi’, Portuguese for ‘my ox’) , and was much anticipated. It was a thing of honour, to have the Meboi visit an elder at his house and pay homage.... All the Caretta groups would parade there, and they would be judged at Campos Square, to find out who was the best. Everybody turned out to see what will happen, but you see, invariably after leaving the Campos Square, the Caretta were going to fight each other later on anyway, whoever won. It was all part of the Christmas festivities. It is amazing, because if you can’t fight-the moment you leave Campos Square, you have to run home, but if you can fight, then you will go to see the parade. We had Olowogbowo there, we had Campos, and we had Lafiaji.” He confessed to being a full blooded Lagos Island Youth, with all the trappings of trouble and an appetite for a good scrape. Mr Gomez grew up on Obadina Street off Alli Street in Lagos Island. He told me that, his family home was the only storey building at Obadina Street, at the time. And then right at the junction of Obadina and Alli Streets - there was a Lawyer Soetan, he had what they called an “upstairs” house meaning a storey-tall house, since the rest of the buildings were just bungalows. His own Father, was a member of the Nigerian Youth Movement. He was one of the prominent members in Lagos: “Obafemi Awolowo was also a member of the Youth Movement. Others were Alex Ikomi, H. O. Davis, Samuel Akinsanya, Sir Adeyemo Alakija, Ladoke Akintola and later Nnamdi Azikiwe”. He recalled with vitriol, his Father’s exploits with other supporters, Dr. Ikomi, H.O. Davies, Samuel Akisanya (later Oba Samuel Akisanya), as they went round singing the victory after

“GOMEZ PRACTICED LAW LONG ENOUGH, TO SEE THE EROSION OF THE IMPORTANCE OF THE GOLDEN ERA, AND WITNESS THE DECLINE OF STANDARDS....”

His Roots “The Gomez family, is one family. We had a powerful great, great great grandfather or however many generations that represents. He was a powerful medicine man, before he was carried away [to slavery], and he came back. Now, how did he come back? This is very interesting. When the freed slaves were liberated in Sierra Leone, he decided he would come back to Lagos. He stayed on the long journey back to Lagos, and he got married and had children. That is why we have members of the Gomez family all along the West Coast.” “We found out that, he was originally from the region between Lagos and Abeokuta, where possibly he learnt his powerful medicine. Then there happened to break out a fight between two princes in Lagos, who both wanted to inherit the crown. Our ancestor Gomez, assisted the eventual victor to defeat the other. As a result, he was rewarded by the victor, who told him that ‘because you have done so well, I will give you my daughter’. Accordingly, it is only the daughters of our descendants, who being female, can be a chief Gomez. Gomez is one family - we are all the same. David Gomez, the Fajis themselves are another branch of the Gomez family, and those that settled at Lafiaji are all Gomez. It is the same Gomez family. That is how we became fully integrated Lagosians.” I left him that day in a warm glow, with a distinct feeling of privilege, fond of social history, that I felt that the full extent of our conversation, captured the uniqueness of Lagos. It was released (now published as ‘The History of Lagos: From Earliest Times’ QBooks 2015). It is now a great bequest to the people of Lagos, and Nigeria as a whole. Our Last Interview I only returned to visit Mr Gomez with the assistance of Aduke, to persuade him to interview on his memories of the sacrifice, hardship and food rationing in Lagos during World War II, this time on screen, for the up coming documentary ‘Journey of an African Colony : Making Nigeria’: soon to be released by Quramo Productions. I found his old spark was still there- he was agile in mind and in spirit – he had then only recently stopped yoga, but stood, walked, gesticulated and animated without stick or aid. About this time in 2017, his daughter Aduke and I had attended the annual Lagos Studies Conference being held for the first time in Lagos, I now proudly serve on its Board. At that Conference, a very distinguished Nigerian-born but US based University Lecturer of History, remarked during her lecture that she had met a lady called Aduke at one of the sessions, and she immediately knew before hearing her surname that she must be from Lagos. This was because, as she explained (tongue in cheek): Omo eko ni kan ni won fi Oriki je oru ko (only Lagos people use their Yoruba praise names as their real names). With that, the distinguished Lecturer captured the uniqueness of Lagos, distinct from any other part of Nigeria, as a people and a community where everyone who loves Lagos is welcome– a point Gomez made very clear to me. Towards the End The good fortune of long life can have its challenges, in retrospect. Gomez practiced law long enough, to see the erosion of the importance of the golden era and witness the decline of standards – sadly, today, technical justice is back, stronger than before in OKAFOH v NWEKE and many daily decisions of the courts across the country, its close allies ‘jurisdiction objection’ and ‘obfuscation’, wreaking havoc through the hierarchy of courts in Nigeria. Merit decisions are rare. We could have spared Pa Gomez the agony, his generation deserved more. It was a privilege to be invited to his 90th birthday party, where much fun and excitement was had by one and all!! We commiserate with Aduke, Jide, Jumoke and his immediate family who survive him, we console ourselves knowing that he was one eyewitness to, and a player in the golden era, who gave back and left his account for posterity; and for that, we all should consider ourselves in debt of gratitude to Fortunatus Olatunji Kingston-Gomez. Olasupo Shasore, SAN, Partner, ALP Nigeria

14.08.2018

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Urgent help, is required here. My brother has been in detention since June, for an offence he didn’t commit. He is a security man, at a shop that sells GSM phone accessories. On a particular night when he was off-duty, the shop was burgled, and many items were stolen. Thereafter, the Police were called in, and all the security men in the entire complex were arrested and detained, including my brother and others who were not on duty on the day of the burglary. Out of the eight of them, six have been released, but because his employer is rich and influential, my brother has continued to be in detention, on the instruction of his employer. Every effort we have made to secure his bail, has been unsuccessful. The Police keep saying that, he and his colleague know something about the crime, and that they should they should enter into undertaking as to how they will pay the sum of N2.8m, the value of the stolen items. He was taken to court once, but the Police Prosecutor told the Magistrate that, the case was still under investigation. Please, what can we do under this circumstance? Mrs. L.U., Suleja, Niger State.

Dear Mrs. L.U., I think your brother has suffered unjustly and needlessly, because you didn’t take the right steps from the onset. When the Police refused to release him on bail after 72 hours, that is when you should have contacted a Lawyer, immediately. There is absolutely no justifiable reason, to keep anyone in detention, especially for such an offence. Even if he participated directly in the burglary, he is constitutionally entitled to bail as of a right. Also, Remand Proceedings are clearly spelt out at Section 291 to 296 of the Administration of Criminal Justice Act 2015 (ACJA). Section 296 of the ACJA, imposes time limits of 14 days on four different accounts, for the Prosecution to take steps to prosecute a suspect, and where this is not done for a cumulative 56 days, the Magistrate is empowered to release the suspect from prison custody, unconditionally. Section 296 (6) (7) and Lufadeju v Johnson (2007) 8 NWLR (Pt. 1037) 538, further strengthen this position of the law. I advice that you contact a Lawyer urgently, to apply for your brother’s bail. You may also avail yourself of the free legal services of the Legal Aid Council of Nigeria, which has offices in every State of the Federation.

‘MY NEMBE PEOPLE, ASKED ME TO RUN FOR SENATE’ defection in the National Assembly, and which also snow balled to some of the States. In as much as some Politicians could have defected for selfish reasons, like when they notice they cannot get a ticket within the party, with the current scenario of defections playing out in the APC of recent, it could be largely attributed to the failure of the APC and its style and/ or form of governance, and dissatisfaction amongst some of its members. National elections are around the corner once more, and as is common place in our polity, a deluge of election petitions is expected. With over 68 Registered Political Parties going into the race, some are of the view that, it is unwieldy, especially in a country that is already so polarised along ethnic and religious lines. What is your view? What we have here in Nigeria, is a multi-party democracy. Like every model of democracy, there is always a down side to it. Being unwieldy, is one of such downsides. However, let’s not forget that this model widened our democratic space, and we didn’t get this on a platter of gold. In the cases of I think INEC v NATIONAL CONSCIENCE PARTY, as well as BALARABE MUSA v INEC, both the Court of Appeal and the Supreme Court respectively, struck out the guidelines created by INEC for the registration of Parties. Their Lordships insisted that, the satisfaction of the provisions of Sections 222 and 223 of the 1999 Constitution (as amended), are the only prerequisites for the registration of Political Parties. Any other requirement, is not known to law. As such, it was a struggle to achieve multi-party democracy here. Before then, we had only three political parties. These smaller Parties have lent a voice to smaller issues affecting our polity, and have enriched our democratic experience. Not all the Parties, submit candidates for every poll in the country. As such, in my humble reckoning, all 68 parties are not on every ballot. So, it doesn’t mean INEC bears the burden of complicated ballot materials, for every poll. As such, I think the advantages outweigh the disadvantages, considering that we have a diverse country. As our democracy matures, perhaps the complexities will be streamlined, then we will see fewer Parties, like we have in advanced democracies. Some have argued that the provision of compliance with the Electoral Act within 90 days, is stiﬂing and too

A man and an alligator walked into a bar. "Do you serve Lawyers here?", the man asked. "Sure do," replied the bartender. "Good," said the man."Give me a beer, and I'll have a Lawyer for my ‘gator’ ”. ˾˾˾ A Lawyer and the Pope, were both killed in an accident. The two were in line to see St. Peter at the Pearly Gates. St. Peter asked the Lawyer his name, and looked it up in his book. He then asked the Pope for his name, and looked it up in his book also. "Now, if you will come with me, I will show you your eternal dwellings”, said St. Peter. They walked along the clouds and came to a huge mansion, with all sorts of lavish trappings. St. Peter turned to the Lawyer, and told him this was to be his house. The Pope, knowing how important he was to the Church, could hardly imagine what his house would be like. St. Peter and the Pope continued on to a small, beat-up wooden shack. St. Peter told the Pope that, this would be his dwelling. The Pope, shocked, said to St. Peter, "Just a minute! That other guy was a Lawyer, and he gets a mansion. I was the head of the Roman Catholic Church, and this is all the reward I get?" St. Peter looked at the Pope and said, "True, you have done great things. But we have lots of Popes in Heaven, and that guy was the ﬁrst Lawyer ever to make it up here”. ˾˾˾ And ﬁnally, an Old Chinese proverb... "It is better to enter the mouth of a tiger, than a court of law”.

CONTINUED FROM PAGE 11

restrictive, while others contend that the provision has eliminated delays in the system. On what side of the divide are you? There is no doubt that restricting election proceedings to 90 days, is good for the expeditious determination of cases. However, I think that this provision can also work untold hardship on the Petitioner, who for reasons beyond his control, may be unable to procure the materials necessary to prosecute the case. It is in this light, that I will also urge that INEC should have the duty to provide materials related to every election, within the stipulated time frame. This will ensure that meritorious petitions, are not destroyed by bureaucratic bottlenecks. If this time frame is put in place, then every election Petitioner owes the Tribunals and our country, a duty to speedily present his case at the Tribunal, with a similar duty on the Respondents to present their defence for a fair and timely adjudication to take place. Accordingly, the presiding Justices also owe the litigants and the country, a duty to deliver judgements within the set time frame. It is my candid view that, the 90 days stipulated by the Electoral Act, even though stifling and restrictive, all parties, and even the Justices, must put in extra time and sacrifice, to ensure that justice is not defeated on the whims of technicalities occasioned by avoidable and deliberate delays. That is why election petition matters, are ‘sui generis’ and in a class of their own. I am therefore, on the side of the 90 days time frame, as stipulated by the Electoral Act, which is a clear departure from the past, where petitions are unduly delayed in Tribunals, to the detriment of the party that is successful at the end of the day. It is no surprise these days, that the Supreme Court, in line with the spirit of the Electoral Act and speedy dispensation of justice, has been ordering the parties who have been given certificates of return and eventually lost at the Apex Court, to refund salaries and allowances received, even when it is a pre- election matter. As a member of the NBA Disciplinary Committee, what is your take on the increasing number of Senior Lawyers currently facing disciplinary actions or prosecution? How would you assess the level of success of the NBA Disciplinary Mechanism? As the Alternate Chairman of the NBA Disciplinary Panel

‘C’ Lagos, whenever there is a complaint or allegation of fraud or professional misconduct against a Legal Practitioner of any Branch of the Association, and the Petitioner has submitted a petition to that effect to the appropriate authority, the petitions will be compiled and forward to the Chairmen of the NBA Disciplinary Committees of the respective panels so constituted. The members of the respective Committees, as the case may be, will deliberate on the petitions to see if they have merit, or a prima facie case has been established against the alleged Practitioners. Our findings will then be forwarded to the appropriate body, and if satisfied that there is merit in any of the petitions, they will then be sent to the Legal Practitioners Disciplinary Committee, which is a committee of the Body of Benchers established to consider and determine allegations of misbehaviour by persons whose names are on the roll, in their capacity as Legal Practitioners. Appeals from their decision, lie to the Supreme Court. To date the Disciplinary Committees of the various NBA Branches, have been able to handle cases that have, to a large extent, restored the integrity and dignity of the Bar in particular, and our noble profession in general. There is no doubt that, in any vocation or Profession, there are bad eggs, but the Legal Practitioners Disciplinary Committee (LPDC) has over the years, prosecuted and sanctioned Legal Practitioners who have been found guilty. In carrying out its duties, the LPDC ensures that fair hearing is properly entrenched in its proceedings. Through this Disciplinary Mechanism, Legal Practitioners have always been put in check in their day to day dealings with their respective clients. The NBA Disciplinary Committees and the LPDC, are set up to uphold the ethics of the profession and any person, no matter how well positioned in terms of seniority at the Bar, cannot be exempted from the disciplinary mechanism of the Committees. That is why even very senior Lawyers in the Profession, are being prosecuted. Cases pending before the LPDC are published in the newspapers, and parties are invited to come and defend any petition made out against them. The Mechanism has been successful so far, and has instilled a lot of checks and discipline on Legal Practitioners, to be fit and proper persons, in projecting the engrained ethics of our noble profession. We wish you the best of luck.

14/

14.08.2018

Only 73 Senators, and not 24, can Remove Senate President Learned Senior Advocate, Mike Ozekhome, in this article, with the aid of judicial precedent, clearly explains the correct procedure to remove the Presiding Ofﬁcers of the National Assembly, as provided for by Section 50(2)(c) of the 1999 Constitution. He points out the error and preposterousness, of using only two-thirds majority of a quorum to remove them, and concludes that, impeachment by using such unconstitutional means, will only reduce Nigeria to international odium and ridicule

uch ink has been spilled, and much needless raucous generated, by the argument that a mere 24 Senators can lawfully remove Saraki as Senate President. Nothing, can be further from the truth. Expectedly, this skewed view emanates mostly from progovernment Lawyers and commentators, baying for the blood of Saraki, who had defected from the ruling APC to the opposition PDP, in spite of sustained, spirited and overt pressures by the President, Presidency and the APC leadership, not to do so. This interpretation however, stands both reasoning and logic, on their heads. It is full of puff and emotion, more of lachrymal effusion, than of solid law or constitutionalism. I shall show this anon. In statutory interpretation, one can not import into a law, that which is not so specifically stated. This is explained by the Latin maxim,"expressio unius est exclusio alterius"(the explicit mention of one thing, is the exclusion of another). See the cases of OGBUNIYA v OKUDO (1976) 6-9 SC 32; AG OF THE FEDERATION & 2 v ALHAJI ATIKU ABUBAKAR (2007) NGSC 118 (decided April,2007). Constitutional Provisions Now, Sections 143 and 188 of the 1999 Constitution, as altered ("Constitution"), dealing with removal of the President, Vice President, Governor and Deputy Governor respectively, specifically deal with those situations only and nothing more.They are totally different from Section 50(2)(c), which specifically deals with the removal of the President or Deputy President of the Senate, or the Speaker or Deputy Speaker of the House of Representatives. Section 50(2) (c), clearly discounts the word "all". If it wanted to import "all" as done in Sections 143 and 188, it would have said so clearly. But, it did not. It simply says,"if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be by the votes of not less than two-thirds majority of the members of that House". Now, what is "that House"? For the Senate, it is the "House" that comprises of 109 Senators, three from each of the 36 States of the Federation, and the Federal Capital Territory Abuja (see Section 48). For the "House" in the case of the House of Representatives, it comprises of 360 members (see w 49). See also Section 47 for the composition of both Houses. Surely, Section 50(2)(c) also did not talk about "quorum" of any of the "Houses", as stated in Section 54(1), which simply deals with the quorum of members before any of the Houses can sit at all. That is why in the case of sitting, Section 54(1) provides for "one-third of All the members of the legislative House concerned". This "quorum"

issue cannot therefore, be imported into the clear and unambiguous provisions of section 50(2) (c),which specifically deals with the business of impeaching those officers of the two Houses mentioned therein. Section 50(2)(c) did not also talk of "members present and voting". It simply states,"not less than two-thirds majority of the members of that House". Two-thirds of the 109 members of the Senate is 73, while two-thirds of the 360 members House of Representatives is 240. Judicial Precedent In any event, because proceedings for impeachment of any of these principal officers of the bicameral legislature is a very sensitive legal and constitutional matter, courts in Nigeria, including the Apex Court, have severally interpreted what is meant by the phrase "two-thirds majority vote" of a House. In the causa celebre of THENATIONAL ASSEMBLY v THE PRESIDENT, FRN (2003) 41 WRN 94, the Court of Appeal in a lead judgement delivered by Justice Oguntade, JCA (as he then was) interpreted "two-thirds" to mean two-thirds of the entire two Houses, i.e. Senate and House of Representatives. The court held that, to override the President’s veto of a Bill, each House must garner 73 (Senate) and 240 (House of Representatives) members votes respectively, as representing two-thirds. Said the court: "Its ordinary meaning, two-thirds majority of each House, can only mean two-thirds of the membership of each House of the Senate and the House of Representatives. It cannot mean anything else. The Section has no relationship, with the ordinary quorum of each House. It does not employ a language, referable to a proportion of the membership of each House. It is two-thirds of each of the whole of the Senate and House of Representatives. In order to override the President’s veto, there must be at least 73 members in the Senate and at least 240 members in the House of Representatives. But as I observed earlier, when the Senate made a motion of veto override on the Bill on 25/9/2002, there were only 55 Senators present. In the House of Representatives on 26/9/2002, when a motion of veto override was made, there were 204 members. Clearly therefore, the Appellant was not properly constituted when the Bill was "passed" into law on 25/9/2002 and 26/9/2002.....The lower court was therefore, in error to have taken the position that, what was needed to pass the Bill was the ordinary working quorum of the Appellant and that the "motion of veto override" was in order". The Apex Court indeed, relied on the well known rule of statutory interpretation termed "generalis specialibus non derogant",which means that where there are provisions in a special Act and in a general Act on the same subject which are inconsistent, if the special Act gives a

“I THEREFORE, EARNESTLY CAUTION PAID "ADVISERS" OF THE PRESENT GOVERNMENT, AND THE GOVERNMENT ITSELF, ESPECIALLY THE EXECUTIVE, FROM USING ANY STRONG HAND, JACKBOOT, GUNBOAT, OR VILE UNCONSTITUTIONAL MEANS, TO FORCEFULLY REMOVE OR TORPEDO THE LEADERSHIP OF THE SENATE, WITH A MERE 24 MEMBERS, INSTEAD OF THE CONSTITUTIONALLY MANDATORY 73 MEMBERS. THAT WOULD REDUCE US TO INTERNATIONAL ODIUM, OBLOQHY, RIDICULE AND OPPROBRIUM”

Senate President, Dr. Bukola Saraki and Deputy Senate President, Ike Ekweremadu

complete rule on the subject, the expression of the rule acts as an exception to the subject matter of the rule from the general Act. See AG, ONDO STATE v AG, FEDERATION (2002) 9 NWLR (Part 772) 222; IBORI v OGBORU (2004) 15 NWLR (Part 895) 154. Thus, Oduyemi, JCA,in his brilliant concurring judgement emphasised, with uncommon lucidity, that, "The normal rule of interpretation of the Constitution or of any statute for that matter, is that general provisions must give way to special provisions-see AG, Abia State v AG, Federation (supra). By virtue of that argument, I am convinced that, the special provision of 2/3 majority of each House or of joint sitting of both Houses, takes supremacy over the general provisions of the statute with regard to quorum and a simple majority contained in Sections 54 and 56 of the Constitution. In the event, I am of the view that, what is required in a proper application of Section 58(5) of the Constitution, is for the Bill to be supported by at least 73 members of the Senate and be supported by at least 240 members of the House of Representatives at a repeat third reading of the Bill". In the same 2003, the Court of Appeal had, in ASOGWA v CHUKWU (2003) 17 WRN 71, had cause to interprete Section 92(2) of the Constitution, which deals with the equivalent provisions for the removal or impeachment of the Speaker of a House of Assembly of a State. The Court of Appeal was emphatic that the 2/3 majority envisaged by Section 92(2) of the Constitution, is two-thirds majority of All the Members of the House of Assembly of the State that could remove the Speaker. I respectfully submit therefore, that, mutatis mutandi, and afortiori, Section 58(5) which deals with the all important matter of overriding Mr President’s veto of a Bill, is a special provision akin to Section 50(2)(c), which deals with the sensitive issue of impeachment of the leadership of the NASS. These therefore, override the general provisions of Sections 54 and 56, which deal with the simple quorum required for the ordinary legislative business of both Houses, on the matters stated therein. This argument is afforded further constitutional imprimatur, by Section 61 of the Constitution, which provides to the effect that "the Senate or the House of Representatives may act notwithstanding any vacancy in its membership, and the presence or participation of any person not entitled to be present at or to participate in the proceedings of the House, shall not invalidate those proceedings". Were the perverse and ludicrous

argument that 24 Senators can legally impeach Saraki to hold sway, it would have meant that even 17 Senators can easily remove the entire leadership of the Houses voted in by all the members of the Houses under Section 50(1), even if only 50 Senators were alive, simply because that represents 2/3 of 50 Senators. Such a situation would not only be absurd, but would tantamount to doing violence to the Constitution itself. In statutory interpretation, it is elementary that, the law should be interpreted in such a way as to avoid absurdity or infer meanings different from the clear intention of the legislature. See BRONIK MOTORS v WEMA BANK LTD (1983) LSCLR 296. Remember the conundrum faced by the Supreme Court as to what constituted 2/3 of 19 States in AWOLOWO v SHAGARI (1979) LPELR SC 62, decided on 26th September,1979). Conclusion Those deceiving the Government with warped "legal opinions" on sensitive national matters, that could snowball into serious cataclysmic miasma capable of consuming all of us, just to keep their cheap jobs and serve the insatiable bacchannalian appetites of their gods in the ephemeral corridors of power, must remember the immortal words of the Supreme Court in MILITARY GOVERNOR OF LAGOS STATE v ODUMEGWU OJUKWU (2001) FWLR (part 50) 1779,1802, coram erudite Obaseki,J JSC: "The Nigerian Constitution is founded on the rule of law, the primary meaning of which is that everything must be done according to law. Nigeria,being one of the countries in the world which professes loudly to follow the rule of law, gives no room for the rule of self-help by force, to operate". I therefore, earnestly caution paid "Advisers" of the present Government, and the Government itself, especially the Executive, from using any strong hand, jackboot, gunboat, or vile unconstitutional means, to forcefully remove or torpedo the leadership of the Senate with a mere 24 members, instead of the constitutionally mandatory 73 members. That would reduce us to international odium, obloqhy, ridicule and opprobrium. It will show us more as a nation given to might rather than right, crass impunity rule of the thumb rather than rule of law, and executive lawlessness. Let those who have ears, hear, and those who have eyes, see. God save Nigeria. Dr Mike A.A. Ozekhome, SAN, OFR, Ph.D, Constitutional Lawyer and Human Rights Activist

14.08.2018

/15

Mandatory Death Penalty for Capital Crimes in Nigeria: An Enigma of Social Control In this article, Dr. Oluwatoyin Badejogbin discusses a visit to death row inmates, concentrating on a particular young lady and how she ended up there; trying to draw out the fact that, punishment should be commensurate to the offence, and though not advocating the abrogation of the death penalty in Nigeria, recognising the fact that, in some cases, the death penalty which does not have any proven deterrence value, may be too harsh for the crime

Death Row Visit few weeks ago, I visited with inmates on death row, and came away with an experience I was totally unprepared for. It was not the first time, that I would visit death row inmates, but I realised for the very first time, as we sat in proximity breathing the same air, that though they probably got what the deserved, they were still as human as I am, some, vulnerably so. The Young Lady One of them, a young indigent lady, told a very poignant story. She was impregnated at the vulnerable age of 16, by a man who promised to divorce his wife and marry her. Thereafter, the man, whom she claimed deflowered her, abandoned her to raise their child alone. Embittered, she murdered one of his other children a few years later. When we met, she remorsefully admitted that her crime was utterly condemnable. I could not agree more. Was she gullible to have taken the man for his words? Absolutely, probably as gullible as many 16-year olds! But, I could tell that she still grieved over the theft of her innocence by a man several years older, who took advantage of her youth and the poverty, which she desperately wanted to escape. As I watched her tear-up, I saw a victim of circumstances that were way over her head. How many things can a 16-year old grasp? Her society could not protect her, against a lying philanderer. It did not step in as she struggled with the ordeal of raising a baby alone, while she watched the philanderer’s other family ‘flourish’. At her sentencing, the system took no pains to evaluate how the ordeal impacted her state of mind, at the time of the crime. And now, the system will exact a high price against her, the first victim of the entire saga. Her child, the offspring of her affair with the philanderer, will grow up in penury like her mother, never to know a mother’s love, or perhaps, even the support of her society. I do not excuse her conduct. It was premeditated murder, carried out on a defenceless child, who had nothing to do with her father’s reprehensible behaviour. She cannot be excused because she is indigent, but must be punished with deserving severity. I cannot help seeing this as one sad story, of how society criminalises those it victimises, and our criminal justice system’s inability to tell the difference. I cannot but wonder, whether the young lady got justice. I can tell a few other poignant stories, but space will not permit. Justice as I have learnt, is a three-way thing. It is justice to the victim, society and offender. I am not sure that justice was done, to this young lady. I remember the wise words of South Africa’s defunct Appellate Division in S v Rabie, that “punishment should fit the criminal as well as the crime, be fair to society, and be blended with a measure of mercy according to the circumstances’. ‘While fair punishment may sometimes have to be robust, an insensitively censorious attitude is to be avoided in sentencing a mortal fellow, lest the weighing in the

scales be tilted by incompleteness”. Why Use the Death Penalty in Nigeria? I fear that our utilisation of the death penalty in Nigeria, is sometimes titled by incompleteness. I have wondered over and again, why our criminal justice system retains the mandatory death penalty (MDP), especially given its tendency for disproportionality. Today, we have many MDP laws in our statute books. I wonder, why are we inclined to such severity. I can understand when society maintains a stiff quota of punishments for murder, armed robbery and kidnapping. These crimes threaten society like few other crimes for. But, is the death penalty always the proportionate response? We lack evidence, to show that the death penalty deters crime. World over, evidence for the proposition that it does, is inconclusive. There are jurisdictions that reject the death penalty, because of the inconclusiveness of the evidence, among other reasons. Retribution does not always offer a complete reason either, but if a society’s sensibilities agree with a retributive role for the penalty, it must ensure its proportionate use. The death penalty is constitutional in the United States, but the Eighth Amendment to the US Constitution, makes it cruel and unusual when produces a grossly disproportionate outcome. American jurisprudence on the subject, is sensitive to gradations in gravity and culpability. Thus, it discriminates between 1st, 2nd and 3rd degree murder, to show that not all murders deserve the ultimate price. Only murders that fit the ‘worst-case scenario’ do. If Nigeria retains the MDP for retribu-

tive reasons, it must observe proportionality between crime and punishment. Generally, I believe that our courts apply MDPs, without thoughtful considerations for proportionality. This raises cogent constitutional concerns that I will address in Part II. If our reason for retaining it, is deterrence, we will be hard put for data that conclusively supports its deterrent value. I dare say that, there is no such evidence. Why then should an offender’s fate hang on a penalty that has a deterrent value that is at best, abstract or speculative? Violent crimes are on the rise in Nigeria, despite a corresponding rise in MDP laws. I fear that we enact MDP laws, for the wrong reasons. Poor Socio-Economic Conditions Criminologists often link rising crime rates, with poor socioeconomic conditions. Such conditions were the reality of life in the early 1980s, when the Robbery and Firearms Act was enacted. An international economic crisis at the time, forced inflationary trends and austerity measures on Nigeria’s economy. Many struggled to eke out a living. Our socioeconomic conditions did not change for the better, several decades later. The poor have become poorer, despite structural adjustments and poverty alleviation programmes. Public infrastructure and educational institutions, are in stages of dysfunction, worsened by persistent energy crises that crippled productivity. Poor human development and corruption ratings, persisted. Our response to crime, must give proper consideration to these sociological factors, which over the years, became festering grounds for criminality, militancy in the Niger-Delta, and insurgency in the NorthEast. We now experience kidnappings, at unprecedented levels.

“I REMEMBER WHEN THE RULING ELITE, BEGAN TO WEAVE ABDUCTIONS INTO THEIR POLITICAL STRATEGIES. EVEN CHRIS NGIGE, IN HIS DAYS AS A SITTING GOVERNOR OF ANAMBRA STATE, WAS NOT SPARED; HIS ABDUCTION SEEMINGLY HAD THE BLESSINGS OF THE POWERS THAT BE”

The Rise of Kidnapping As a society, we have contributed much to the current state of insecurity. I remember when the ruling elite, began to weave abductions into their political strategies. Even Chris Ngige, in his days as a sitting Governor of Anambra State, was not spared; his abduction seemingly had the blessings of the powers that be. Politicians commanded armies of political thugs, who seemed to kidnap at will. Between elections, these thugs got busy with kidnappings and other forms of criminality. Their victims? Top politicians and government functionaries who, by funding flamboyant lifestyles at public expense, became attractive targets for fat ransoms. Feeling threatened, politicians reacted with laws that would exact the ultimate price. Kidnappings persisted nevertheless, and amateurs soon joined, lured by prospects of lucrative ransoms. They also widened their targets, until the victims became ordinary citizens, anyone with the ‘foolhardy’ of driving a good car, without the millions for a ransom. We came to a dangerous pass, but our politicians reacted with death penalty laws and more security details for themselves. But, reactive measures do not resolve complex social problems like crime. They are hardly an alternative to responsible policing and sensible social policy interventions, that address criminality. Fixation with the Death Penalty As a society, we have a fixation with the death penalty, that only exposes our inability to engage rationally with violent crimes. Rather than deal with the problem, we respond cluelessly with death penalty laws. We cannot deal with complex social problems that way. I am not saying that we should not punish offenders severely, when they deserve it. I am only saying we cannot use the death penalty as a last resort, when our systems of social control fail. In Part II, I will discuss why the MDP is unconstitutional. But let me clarify that, I am not asking to abolish the death penalty. As long as the penalty is recognised by our Constitution, I find no practical reason to debate it here. My immediate aim, is to show that whatever position you adopt on the death penalty question, whether for or against it, we can agree that making it mandatory violates our Constitution. Why should this matter, where violent crimes are concerned? It matters, because when we impose or execute a death penalty sentence against one whose crime does not deserve it, we perpetrate an irremediable travesty of justice that demeans us all. Some may object that, the penalty can ever be deserved. Well, again, our Constitution presupposes that it can be and there is nothing, short of a constitutional amendment, that will change that. We can, however, raise the bar for the use of the penalty. Presently, the bar is insufferably low, and that is because our criminal justice system lacks the sophistication to utilise the penalty. Dr Oluwatoyin Badejogbin, Human Rights Lawyer, Lagos

16/

14.08.2018\

T H I S D AY •TUESDAY, AUGUST 14, 2018

BUSINESS/MONEYGUIDE

Survey Reveals Rise in Business Confidence in August Obinna Chima A survey has revealed that at 58.7 index points, the business outlook for August 2018, showed more confidence in the Nigerian economy. The Central Bank of Nigeria (CBN) revealed this in its July 2018 Business Expectations Survey (BES), posted on its website. The respondent firms were made up of small, medium and large organisations covering both import- and export-oriented businesses. The drivers of the optimism this month were services (34.8 points), industrial (16.5 points), wholesale/retail trade (4.6 points), construction (2.8 points) sectors. However, it stated that at

13.6 index points, respondents’ overall confidence index (CI) on the macro economy in July 2018 declined when compared with the level of 34.7 index points recorded in June 2018. “Businesses expressed less optimism on own operations in July 2018 when compared to the previous month. “However, respondents from services and wholesale/ retail trade sectors expressed relatively more optimism on own operations in the current month with indices of 0.3 and 2.7 respectively when compared with 7.6 and 0.9 reported in June 2018, respectively,” it stated. Respondents’ outlook on the volume of total order and business activity in July 2018 was less optimistic, as

the index stood at 4.6 and 3.5 points, respectively when compared to 16.4 and 16.1 points, respectively recorded in the previous month. Similarly, respondents’ outlook on financial conditions (working capital) and average capacity utiliSation declined, as the indices stood at 2.2 and 10.0 index points, respectively when compared with the 11.7 and 23.4 points, respectively recorded in June 2018. Respondents were pessimistic on access to credit in the review month, with an index of -3.5 points. “The positive outlook in the volume of business activities (66.2 index points) and employment (24.2 index points) indicated a favourable outlook in the next month.

Stanbic IBTC Sensitises Traders on Naira-Yuan Swap Deal Nume Ekeghe Stanbic IBTC Plc recently sensitised its customers and stakeholders on the currency swap agreement between Nigeria and China. The forum was meant to provide insight into how best to help clients and businesses leverage the opportunity as well as assess the impact of the Chinese economy on trade in Africa. The interactive session tagged, ‘A Night of AfricaChina Connection’ also provided a veritable platform for the bank to showcase its value

proposition to the Chinese community in Nigeria. Speaking at the event, the Chief Executive, Stanbic IBTC Plc, Dr. Demola Sogunle, who was represented by the Executive Director, Operations, Stanbic IBTC, Wole Adeniyi, said a major objective of the conference was to deepen the bank’s connection with the Chinese business community in order to set in motion enablers for a successful execution of the policy and further stimulate the strong trade and business ties between Africa, with special focus on Nigeria and China.

Aliko Dangote Foundation Investment in Water Provision Ugo Aliogo Governments at all levels, the private sector, and wellmeaning individuals have been urged to commit more resources to ensure adequate provision of clean water, to help tackle malnutrition successfully in Nigeria. The recommendation was made by the Managing Director/CEO of the Aliko Dangote Foundation (ADF), Ms. Zouera Youssoufou, while speaking in Lagos recently. Youssoufou’s call came ahead of the World Water Week holding in Stockholm, Sweden between August 26 and 31, with the theme, ‘Water, ecosystem and human development’; and it also follows the recent declaration of

emergency on the water and sanitation sector by the federal government. Speaking on the water component of the ADF Nutrition Programme, the Foundation’s CEO said, “Within our flagship nutrition programme we have a substantial Water, Sanitation and Hygiene (WASH) component. We cannot be effective at fighting malnutrition if we don’t also provide clean drinking water to our beneficiaries.” “We have a global water challenge, which is what SDG 6 is focused on solving. Achieving SDG 6 is essential for progress on all other SDGs and vice versa. Sustainable management of water and sanitation underpins wider efforts to end poverty, advance sustainable development and sustain peace

He described the agreement as a win-win for all parties as clients and businesses are exposed to business opportunities in Africa and China, while promoting trade in, for and across Africa with a special focus on the Africa-China and China–Africa trade corridor, based on credible and practical information. It was also an opportunity to shed more light on how the strategic institutional relationship involving the Industrial and Commercial Bank of China (ICBC), Standard Bank and Stanbic IBTC will help to drive trade between Africa and China.

Urges

Greater

and stability. We all have a part to play as Government, Private sector, development partners and individuals. In 2016, the Aliko Dangote Foundation launched a $100 million nutrition programme with the Bill and Melinda Gates Foundation. ADF is focused on Community Management of Acute Malnutrition (CMAM), reaching on the most severely malnourished children through the Primary Healthcare System. This intervention includes treating affected children with Ready to use Therapeutic Foods (RUTF), combined with household level empowerment programmes to enable the parents improve their livelihoods. BMGF’s focus is on Fortification and Behaviour Change Communication.

L-R: Her Excellency, Jacqueline Mohair and GMD/CEO of Keystone Bank Limited, Dr. Obeahon Ohiwerei when Ohiwerei was conferred with a Honourary Doctorate Degree from Trinity International University, Georgia…recently

MARKET INDICATORS MONEY AND CREDIT STATISTICS

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 Inter-Bank Call Rate

MARCH 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

NSE Commends Africa Prudential Plc

6 Months Deposit Rate

10.93

Ugo Aliogo

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Africa Prudential Plc, one of the leading share registration and investor services firm in Nigeria has been commended by the leadership of the Nigerian Stock Exchange (NSE) for championing laudable initiatives which have contributed significantly in developing the Nigerian Capital Market. While speaking with delegates during the Closing Gong Ceremony held in honour of Africa Prudential Plc recently, the Chief Executive Officer of the Exchange, Mr. Oscar

Onyema, who was represented by the Chief Risk Officer, Mr. Tunji Kazeem lauded Africa Prudential Plc for groundbreaking initiatives over the past years. “The Exchange and Africa Prudential Plc have had several years of cordial relationship. We are sure the wisdom and leadership of the company will present further opportunities to collaborate on Capital Market development and other mutually beneficial areas such as sustainability” he added. The company had earlier announced its Unaudited Finan-

cial Statements for the period ended June 30, 2018, showing turnover growth of 48 per cent, from N1.47 billion in 2017 to N2.17 billion and delivering an Earnings Per Share of 49 kobo. Profit before tax grew by 20 per cent from N0.95 billion in the corresponding period of 2017, to N1.14 billion, while profit after tax grew by 14 per cent year-on-year, to N0.98 billion. In addition, its total assets grew by 13 per cent to N24.88 billion, compared to N21.93 billion as at period ended December 31, 2017.

(MILLION NAIRA) 2018

Month

• Monetary Policy Rate - 13%

OPEC DAILY BASKET PRICE AS AT, FRI, 10, AUGUST , 2018 The price of OPEC basket of ﬁfteen crudes stood at $70.60 a barrel on Friday, compared with $72.03 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, AUGUST 14, 2018

MARKET NEWS

Stock Market Year-to-date Decline Worsens to 7.4% on Weak Investor Appetite Goddy Egene and Nosa Alekhuogie

past weeks. While the market went down by 2.89 per cent to hit a 10-momth low last week it has opened this week on another bearish note, shedding 0.13 per cent. Specifically, the NSE ASI closed lower at 35,399.28, while market capitalisation shed N17 billion to end at N12.9 trillion. The bears were in total

The year-to-date decline of the Nigerian Stock Exchange (NSE) All-Share Index worsened to 7.4 per cent yesterday as the stock market maintained a downward trend. Prevailing weak investor appetite has continued to depress share prices for the

control as 26 stocks lost value compared with only 14 that added value. Although highly capitalised counters such as United Bank for Africa Plc, Guinness Nigeria Plc, GTBank Plc and Zenith Bank Plc, were largely responsible for negative performance of the market, Mutual Benefits Assurance Plc led the gainers with 9.1

per cent apiece. The insurance firm currently commenced shopping for N2 billion through a Rights Issue of 4.0 billion shares of 50 kobo each to existing shareholders at 50 kobo per share. The company wants to use the funds -strengthen its capital base, deepen capacity to underwrite risks, upgrade its information technology and

PRICES FOR SECURITIES TRADED AS OF

enhance its working capital. Livestock Feeds Plc, Wema Bank Plc and NSL Technology shed 8.7 per cent, 7.3 per cent, 6.9 per cent and 6.9 per cent respectively. On the positive side, Eterna Plc led the price gainers with 9.9 per cent, trailed by UAC of Nigeria Plc with 7.6 per cent. Courtville Business Solutions Plc and Caverton

Offshore gained 5.0 per cent and 4.7 per cent respectively. International Breweries Plc and Double One Plc garnered 4.5 per centand 2.2 per cent in that order. According to market analysts, the mood in the Nigerian equities market is still downbeat as weak investor appetite still characterize the market.

A S AT 2 5 / 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) 290,726.11

10.05

0.50

TRADES 121

VOLUME 39,218,652

30 BEVERAGES--BREWERS/DISTILLERS S/N

324,894.50

9.50

3.83

164

51,696,669

729,968.48

23.25

0.65

334

20,395,987

619

111,311,308

PRICE %CHANGE

TRADES

VOLUME

269

88,103,288

269

88,103,288

888

199,414,596

TRADES

VOLUME

71 171 242 242

1,566,520 3,389,126 4,955,646 4,955,646

TRADES

VOLUME

MARKET CAP(Nm) 337,415.75

MARKET CAP(Nm) DANGOTE CEMENT PLC 4,004,519.24 LAFARGE AFRICA PLC. 238,519.28

BUILDING MATERIALS

EXPLORATION AND PRODUCTION SEPLAT PETROLEUM DEVELOPMENT COMPANY LTD

PRICE %CHANGE

MARKET CAP(Nm) 382,488.96

9.40

2.17

35 36

PRICE %CHANGE 235.00 27.50

-5.98

PRICE %CHANGE 650.00

1 1,131

23 204,370,265

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

6,000

79,174.53

83.00

52,070

59,550.00

59.55

4 10

2,331 60,401

FISHING/HUNTING/ TRAPPING ELLAH LAKES PLC.

MARKET CAP(Nm) 511.20

TRADES 0 0

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) 1,890.00

MARKET CAP(Nm) 1,217.75

PRICE %CHANGE

PRICE %CHANGE 4.26

PRICE %CHANGE 0.63

-10.00

PRICE %CHANGE

TRADES

VOLUME

44 PERSONAL/HOUSEHOLD PRODUCTS CONSUMER GOODS FINANCIAL SERVICES

TRADES

VOLUME

1,381,338

1,441,739

TRADES

VOLUME

47 48 49 50 51 52 53 54 BANKING

41,429 2,484 0

45,932.23

1.13

-0.88

141

15,088,087

38,033.11

13.20

3.41

57 211 211

918,564 16,050,564 16,050,564

TRADES

VOLUME

0 0

TRADES

VOLUME

44,977

165.00

6.60

MARKET CAP(Nm) 4,417.27

S/N

24.30

PRICE %CHANGE 1.70

62 63

44,977

TRADES

VOLUME

10,032

TRADES

VOLUME

MARKET CAP(Nm) 1,900.00

95.00

11,300.89

45.20

24,014.43

9.00

71 72

AUTOMOBILES/AUTO PARTS DN TYRE & RUBBER PLC

MARKET CAP(Nm) 954.53

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

MARKET CAP(Nm) 16,363.65

PRICE %CHANGE

0 55,009

TRADES

VOLUME

2 2

50,000 50,000

PRICE %CHANGE

TRADES

VOLUME

76 77

73 0.20

2.09

10.00

181,940

242.22

0.89

210,276.75

96.00

56,204

322,344.82

14 PRICE %CHANGE

37.50

MARKET PERSONAL/HOUSEHOLD PRODUCTS CAP(Nm) P Z CUSSONS NIGERIA 60,152.73 PLC. UNILEVER NIGERIA 301,900.03 PLC.

MARKET CAP(Nm) 28,255.67

1 0

32,076.00

3,387.70

0 0

PRICE %CHANGE

MARKET CAP(Nm) 1,680.31

DIAMOND BANK PLC ECOBANK TRANSNA366,991.02 TIONAL INCORPORATED FIDELITY BANK PLC 54,762.37 GUARANTY TRUST 1,141,929.75 BANK PLC. JAIZ BANK PLC 16,499.98 SKYE BANK PLC 9,299.80 STERLING BANK PLC. 40,882.39 UNION BANK NIG.PLC. 163,076.22 UNITY BANK PLC 10,052.83 WEMA BANK PLC. 29,702.34

MARKET CAP(Nm)

HOUSEHOLD DURABLES NIGERIAN ENAMELWARE PLC. VITAFOAM NIG PLC.

FOOD PRODUCTSMARKET -DIVERSIFIED CAP(Nm) CADBURY NIGERIA 20,096.76 PLC. NESTLE NIGERIA PLC. 1,149,351.57

VOLUME

0.58 3.25

4.79

FOOD PRODUCTS DANGOTE FLOUR MILLS PLC DANGOTE SUGAR 186,000.00 REFINERY PLC FLOUR MILLS NIG. PLC. 117,680.89 HONEYWELL FLOUR 13,639.94 MILL PLC MULTI-TREX INTE1,340.10 GRATED FOODS PLC N NIG. FLOUR MILLS 1,167.21 PLC. NASCON ALLIED 52,988.77 INDUSTRIES PLC UNION DICON SALT 3,676.41 PLC.

BANKING

0.46

PRICE %CHANGE

MARKET CAP(Nm) 43,500.00

S/N

225.71 2,111.93

MARKET CAP(Nm) 711.32

NIGERIAN BREW. PLC. 835,676.26

26,600

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

MARKET CAP(Nm)

104.50

-0.95

PRICE %CHANGE 8.70

120

1,838,853

168

2,103,597

TRADES

VOLUME

-3.87

111

1,855,941

15.50

-8.82

137

3,475,870

28.70

-3.37

399,972

1.72

413,062

0.36

6.55

100

20.00

148,647

13.45

333

6,293,592

TRADES

VOLUME

-0.93

214,832

58 94

85,880 300,712

PRICE %CHANGE

TRADES

VOLUME

PRICE %CHANGE 10.70

22.10

3.25

18 18

418,355 418,355

PRICE %CHANGE

TRADES

VOLUME

15.15

93,754

52.55

0.86

672,868

PRICE %CHANGE

766,622

692

9,932,878

TRADES

VOLUME

17,963,392

1.22

-6.15

20.00

-2.44

1,206,671

1.89

9.88

153

13,867,658

38.80

-0.51

132

7,843,882

0.56 0.67 1.42 5.60 0.86 0.77

-8.20 -1.49 1.43 -2.61 -4.44 2.67

29 36 753 55 10 44 1,321

3,220,000 4,050,686 6,526,046 1,313,640 580,262 3,616,619 60,188,856

PRICE %CHANGE

TRADES

VOLUME

4,117.00

0.20

4,296.73

0.62

78,231

26,775.00

2.55

1,000

1,890.00

0.27

3.85

805,985

16,388.94

1.58

-0.63

213,004

4,271.56

0.29

2,411.47

0.53

1,913.74

0.50

2,333.20

0.38

539.32

0.42

2,416.73

0.33

502,470

4,296.33

1.00

4,000

6,400.00

0.80

19,550

2,400.00

0.30

-9.09

1,065,386

15,577.48

2.95

-1.67

1,065,441

2,012.26

0.26

99,952

1,985.05

0.52

4.00

421,754

1,667.19

0.25

4,507,300

1,918.39

0.23

-8.00

1,094,489

5,422.63

0.42

4,483.72

0.48

2,800.00

0.20

50,100

516.46

0.20

8,000.00

0.50

4,160.00

0.30

˾ TUESDAY, AUGUST 14, 2018

Nigeria Daily Stock Market Report:

Thisday Afrinvest 40 Index loses 42bps Yesterday, Monday, 13th August 2018, the Thisday ĨƌŝŶǀĞƐƚ ϰϬ ŝŶĚĞǆ ƐŚĞĚ ϰϮƉƐ ƚŽ ƐĞƩůĞ Ăƚ ϭ͕ϰϴϭ͘ϭϳ ƉŽŝŶƚƐ ǁŚŝůĞ zd ůŽƐƐ ŵŽĚĞƌĂƚĞĚ ƚŽ –ϰ͘Ϭй͘ The ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ŽĨ ƚŚĞ ŝŶĚĞǆ ǁĂƐ ĚƵĞ ƚŽ ƉƌŝĐĞ ůŽƐĞƐ ŝŶ GUARANTY (-Ϭ͘ϱйͿ͕ ZENITH (-Ϭ͘ϲйͿ ĂŶĚ ACCESS (-ϭ͘ϬйͿ ǁŚŝĐŚ ĐƵŵƵůĂƟǀĞůǇ ĂĐĐŽƵŶƚ ĨŽƌ ϰϴ͘Ϭй ŽĨ ƚŚĞ ŝŶĚĞǆ͘

Bears Maintain Grip on Local Bourse... ASI down 13bps Ɛ ĞŶǀŝƐĂŐĞĚ͕ ƚŚĞ ďĞĂƌƐ ŵĂŝŶƚĂŝŶĞĚ Ă Įƌŵ ŐƌŝƉ ŝŶ yesterday͛Ɛ ƚƌĂĚŝŶŐ ƐĞƐƐŝŽŶ ĂƐ ƚŚĞ ůů ^ŚĂƌĞ /ŶĚĞǆ ; ^/Ϳ ĚĞĐůŝŶĞĚ ϭϯďƉƐ ƚŽ ƐĞƩůĞ Ăƚ ϯϱ͕ϯϵϵ͘Ϯϴ ƉŽŝŶƚƐ ǁŚŝůĞ zd ůŽƐƐ ĨƵƌƚŚĞƌ ĚŝƉƉĞĚ ƚŽ -ϳ͘ϰй͘ Ɛ Ă ƌĞƐƵůƚ͕ ŝŶǀĞƐƚŽƌƐ ůŽƐƚ Eϭϳ͘ϬďŶ ŝŶ ǀĂůƵĞ ĂƐ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝǌĂƟŽŶ ĨĞůů ƚŽ EϭϮ͘ϵƚŶ͘ zĞƐƚĞƌĚĂǇ͛Ɛ ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ůĂƌŐĞůǇ ĚƌŝǀĞŶ ďǇ ƐĞůů ŽīƐ ŝŶ UBA (ϯ͘ϮйͿ͕ GUINNESS (-ϰ͘ϯйͿ͕ GUARANTY (-Ϭ͘ϱйͿ ĂŶĚ ZENITH ;-Ϭ͘ϲйͿ – ƐƚŽĐŬƐ ǁŝƚŚ Ă ůĂƌŐĞ ǁĞŝŐŚƚ on the ŝŶĚĞǆ͘ KŶ ƚŚĞ ŇŝƉ ƐŝĚĞ͕ ĂĐƟǀŝƚǇ ůĞǀĞů ǁĂƐ ŵŝǆĞĚ ĂƐ ǀŽůƵŵĞ ƚƌĂĚĞĚ ĨĞůů ϭϲ͘ϵй ƚŽ ϭϲϬ͘ϰŵ ƵŶŝƚƐ ǁŚŝůĞ ǀĂůƵĞ ƚƌĂĚĞĚ ŝŵƉƌŽǀĞĚ ϵ͘Ϭй ƚŽ EϮ͘ϮďŶ͘ UBA ;ϯϬ͘ϲŵͿ͕ FBNH ;ϭϰ͘ϬŵͿ ĂŶĚ GUARANTY ;ϭϯ͘ϵŵͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďǇ ǀŽůƵŵĞ ǁŚŝůĞ GUARANTY ;Eϱϯϲ͘ϵďŶͿ͕ ZENITH ;EϮϵϭ͘ϲďŶͿ ĂŶĚ UBA ;EϮϴϴ͘ϰďŶͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďǇ ǀĂůƵĞ͘

Banking Index Leads Bearish Performance /ŶƐƉŝƚĞ ŽĨ ƚŚĞ ŝŵƉƌŽǀĞĚ ŝŶƚĞƌĞƐƚ ǁĞ ŽďƐĞƌǀĞĚ ŝŶ ďĂŶŬŝŶŐ ƐƚŽĐŬƐ ůĂƐƚ ǁĞĞŬ͕ ƚŚĞ ŝŶĚĞǆ ĞŵĞƌŐĞĚ ƚŚĞ ďŝŐŐĞƐƚ ůŽƐĞƌ ŝŶ ǇĞƐƚĞƌĚĂǇ͛s trading session, ƐŚĞĚĚŝŶŐ Ϭ͘ϴй ĂƐ ůŽƐƐĞƐ ŝŶ UBA (-ϯ͘ϮйͿ͕ GUARANTY (-Ϭ͘ϱйͿ ĂŶĚ ZENITH (-Ϭ͘ϲйͿ ƉƵůůĞĚ ƚŚĞ ŝŶĚĞǆ ůŽǁĞƌ͘ ^ŝŵŝůĂƌůǇ͕ ƚŚĞ /ŶƐƵƌĂŶĐĞ ĂŶĚ Kŝů Θ 'ĂƐ ŝŶĚŝĐĞƐ ĨŽůůŽǁĞĚ ƐƵŝƚ͕ ĚĞĐůŝŶŝŶŐ Ϭ͘ϱй ĂŶĚ Ϭ͘ϯй ƌĞƐƉĞĐƟǀĞůǇ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ƉƌŝĐĞ ĚĞƉƌĞĐŝĂƟŽŶ ŝŶ NEM (-ϱ͘ϰйͿ͕ AIICO (-ϱ͘ϲйͿ ĂŶĚ 11PLC (-Ϯ͘ϲйͿ͘ >ŝŬĞǁŝƐĞ͕ ƚŚĞ ŽŶƐƵŵĞƌ ĂŶĚ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚŝĐĞƐ ĐůŽƐĞĚ ŝŶ ƚŚĞ ƌĞĚ͕ ĂůďĞŝƚ ŇĂƫƐŚ͕ ĚŽǁŶ ϭďƉ ĂƉŝĞĐĞ͘

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

THISDAY AFRINVEST 40

(A Dealing Member of the Nigerian Stock Exchange)

ROE

ROA

P/E

P/BV

Divinden Earnings d Yield Yield

1,481.17

-0.42%

-4.0%

48.1%

19.1%

6.8%

6.3x

0.8x

8.1%

Guaranty Trust Bank PLC

38.80

-0.5%

21.2%

-4.8%

-4.3%

32.6%

5.2%

5.9x

2.2x

83.6%

16.8%

Zenith Bank PLC

23.45

-0.6%

12.4%

-8.5%

-9.6%

25.6%

3.6%

4.0x

1.0x

11.7%

25.0%

Nigerian Brew eries PLC

103.50

0.5%

7.2%

-23.3%

-23.4%

15.9%

29.7x

4.8x

4.0%

3.4%

Nestle Nigeria PLC

1,560.00

0.0%

8.4%

0.3%

92.0%

23.0%

32.0x

27.8x

2.8%

3.1%

11.4%

Dangote Cement PLC

214.00

0.0%

6.0%

-7.0%

21.7%

9.9%

21.8x

5.1x

4.9%

4.6%

FBN Holdings Plc

9.65

0.5%

6.3%

9.7%

9.8%

6.7%

0.8%

6.3x

0.5x

2.6%

15.8%

Access Bank PLC

9.90

-1.0%

4.4%

-5.3%

-6.6%

12.7%

1.5%

4.9x

0.6x

6.6%

20.5%

United Bank for Africa PLC

9.15

-3.2%

4.1%

-11.2%

-12.1%

15.9%

1.9%

4.0x

0.6x

9.1%

24.7%

Ecobank Transnational Inc

SEPLAT Petroleum Development C

21.15

0.0%

4.3%

24.4%

30.0%

12.2%

1.0%

6.9x

0.9x

650.00

0.0%

3.3%

3.8%

25.0%

14.6%

3.0x

0.7x

2.8%

33.4%

1.3%

3.6%

20.5%

22.2%

30.8%

4.1%

9.5x

2.6x

1.0%

10.6%

14.6%

Stanbic IBTC Holdings PLC

50.00

Unilever Nigeria PLC

52.60

0.2%

3.4%

28.3%

30.8%

20.4%

8.7%

29.1x

3.8x

1.0%

3.4%

Guinness Nigeria PLC

90.00

-4.3%

2.3%

-4.3%

15.4%

6.1%

17.1x

2.3x

0.7%

5.8%

Lafarge Africa PLC

28.00

0.0%

1.1%

-37.6%

-54.0%

-10.1%

1.7x

5.4%

-32.2%

Fidelity Bank PLC

1.78

-1.7%

0.9%

-27.6%

-31.0%

10.4%

1.4%

1.4x

0.3x

6.2%

Oando PLC

5.20

-6.3%

1.2%

-13.2%

10.3%

1.5%

4.6x

0.3x

Dangote Sugar Refinery PLC

15.20

-1.9%

0.9%

-24.0%

-25.3%

41.5%

18.1%

5.1x

1.8x

8.1%

19.4%

Okomu Oil Palm PLC

73.10

0.0%

1.2%

8.0%

35.8%

26.6%

7.9x

2.5x

4.1%

12.7%

International Brew eries PLC

33.45

4.5%

0.5%

-38.6%

-39.2%

24.6%

7.4%

35.0x

8.0x

Flour Mills of Nigeria PLC

24.50

-0.4%

0.6%

-15.5%

9.8%

2.9%

6.0x

0.7x

4.1%

16.6% 16.9%

71.5% 21.8%

2.9%

Transnational Corp of Nigeria

1.15

-0.9%

0.5%

-21.2%

-22.3%

12.9%

2.8%

5.9x

0.7x

1.7%

UAC of Nigeria PLC

14.00

7.7%

0.5%

-17.2%

1.5%

0.6%

24.9x

0.6x

4.6%

Diamond Bank PLC

1.16

-2.5%

0.4%

-22.7%

-26.1%

-7.2%

-0.9%

-19.5%

33.1%

6.9%

6.9x

2.2x

9.2%

20.3%

5.8%

0.9%

3.1x

0.2x

5.3%

32.0%

-11.9%

40.2%

16.0%

5.9x

2.1x

4.4%

17.0%

Total Nigeria PLC

FCMB Group Plc

11 PLC

0.1x

4.0% -74.6%

185.00

0.0%

0.4%

1.90

-0.5%

0.6%

171.50

-2.6%

0.5%

Forte Oil PLC

23.00

-0.2%

0.3%

-47.1%

-45.2%

17.6%

1.6%

PZ Cussons Nigeria PLC

15.00

6.8%

0.3%

-27.2%

-29.1%

10.7%

5.0%

14.2x

1.4x

3.3%

7.0%

Cadbury Nigeria PLC

10.10

1.0%

0.3%

-35.5%

-35.3%

2.0%

0.8%

37.0x

1.6x

1.6%

2.7%

-11.9%

1.9x

14.5%

-11.5%

Presco PLC

60.00

0.0%

0.3%

-12.4%

35.8%

24.8%

2.5x

0.8x

3.3%

39.7%

NASCON Allied Industries PLC

19.85

-0.5%

0.4%

7.3%

3.3%

62.4%

20.6%

9.4x

5.4x

7.6%

10.6%

0.8x

8.4%

UPDC Real Estate Investment Tr

9.00

0.0%

0.3%

-10.0%

Union Bank of Nigeria PLC

5.85

0.0%

0.3%

-25.0%

-22.1%

5.3%

1.1%

8.8x

0.6x

Julius Berger Nigeria PLC

25.00

0.0%

0.3%

-10.7%

17.3%

1.8%

6.9x

1.1x

3.6x

Sterling Bank PLC

1.38

0.7%

0.3%

27.8%

22.1%

10.7%

1.0%

Dangote Flour Mills Plc

8.20

-0.6%

0.2%

-32.5%

0.0%

GlaxoSmithKline Consumer Niger

15.30

0.0%

0.2%

-29.2%

4.4%

2.8%

Chemical and Allied Products P

28.35

0.0%

0.2%

-16.6%

-20.6%

66.2%

30.2%

Beta Glass PLC

78.00

0.0%

0.2%

52.0%

17.7%

Transcorp Hotels Plc

6.75

0.0%

0.1%

-6.4%

5.3%

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

T o p 10

P ric e

P ric e C hg %

7.20

9.9%

UA C N C OUR T VILLE

14.00

7.7%

0.21

5.0%

11.3% 4.0%

14.4% 27.7%

0.4x

1.4%

1.0x

2.4%

22.0x

1.0x

49.0%

13.2x

8.9x

7.2%

7.5%

11.5%

9.5x

1.6x

1.4%

10.6%

2.9%

18.8x

0.9x

1.8%

5.3%

T ra de s

T ic k er

ET ER N A

Vo lum e

P ric e C hg %

UB A

30.6

-3.2%

FB NH

1 4.0

0.5%

GUA R A N T Y

1 3.9

-0.5%

Z EN IT H B A N K

1 2.4

-0.6%

T R A N SC OR P

9.9

-0.9%

IN T B R EW

8.2

4.5%

1.99

4.7% 4.5%

180.00

2.3%

50.00

1.3%

A C C ESS

7.0

-1 .0%

C A D B UR Y

10.10

1.0%

D IA M ON D B N K

6.2

-2.5%

ST ER LN B A N K

1.38

0.7%

F ID ELIT YB K

5.6

-0.6%

H ON YF LOUR

1.70

0.6%

FCM B

4.8

-0.5%

ST A N B IC

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 %

UN ION D A C

0.30

-9.1%

M B EN EF IT

0.30

-9.1%

LIVEST OC K

0.63

-8.7%

T ra de s

by V a lue

T ic k er

Value

P ric e C hg %

GUA R A N T Y

536.9

-0.5%

Z EN IT H B A N K

291 .6

-0.6%

UB A

288.4

-3.2%

IN T B R EW

262.2

4.5%

FB NH

1 34.9

0.5%

1 27.0

0.5%

WEM A B A N K

0.63

-7.4%

N SLT EC H

0.27

-6.9%

J A P A ULOIL

0.27

-6.9%

OA N D O

5.25

-5.4%

M OB IL

1 04.1

2.3%

EQUIT YA SUR

0.21

-4.5%

A C C ESS

70.2

-1 .0%

90.00

-4.3%

N EST LE

43.0

0.0%

0.57

-3.4%

WA P C O

34.0

0.0%

GUIN N ESS

4.5%

by V o lum e

33.45

IN T B R EW

SKYEB A N K

Afrinvest Securities Limited (RC 603 315)

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

M OB IL

/ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďǇ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ͕ ĐŽŶƚƌĂĐƚĞĚ ƚŽ Ϭ͘ϱǆ ĨƌŽŵ Ϭ͘ϲǆ ƌĞĐŽƌĚĞĚ ƚŚĞ ƉƌĞǀŝŽƵƐ &ƌŝĚĂǇ ĂƐ ϭϰ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ Ϯϲ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŚĞ ƚŽƉ ƚŚƌĞĞ ƉĞƌĨŽƌŵĞƌƐ ĨŽƌ ƚŚĞ ĚĂǇ ǁĞƌĞ ETERNA ;нϵ͘ϵйͿ͕ UACN ;нϳ͘ϳйͿ͕ COURTVILLE ;нϱ͘ϬйͿ ǁŚŝůĞ UNIONDAC (-ϵ͘ϭйͿ͕ MBENEFIT (-ϵ͘ϭйͿ͕ LIVESTOCK (-ϴ͘ϳйͿ ůĞĚ ůĂŐŐĂƌĚƐ͘ tĞ ĞǆƉĞĐƚ ƚŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ ƚŽ ďĞ ƐƵƐƚĂŝŶĞĚ Ɵůů ŵŝĚǁĞĞŬ ĂƐ ŝŶǀĞƐƚŽƌƐ ĐŽŶƟŶƵĞ ƚŽ ƚĂŬĞ ƉƌŽĮƚ ĨŽůůŽǁŝŶŐ ƐŽŵĞ ƵŶŝŵƉƌĞƐƐŝǀĞ ,ϭ͗ϮϬϭϴ ƌĞůĞĂƐĞƐ͘

Current Price

Ticker

C A VER T ON

/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ tĞĂŬĞŶƐ

Tuesday, August 14, 2018

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 ˾ ˜ ͹ͼ˜ ͺ͸͹Ͷ

MARKET NEWS

SEC Issues December Deadline to Public Firms to Register Securities Goddy Egene The Securities and Exchange Commission (SEC) has issued a directive, compelling public companies trading their shares register their securities with the commission before the end of December 2018 as part of strategies to boost activities on the NASD OTC market. Public liabilities that are not listed on the Nigerian Stock Exchange (NSE) are traded on the NASD OTC. There are many of such companies not trading their and others trading their

securities but registered with SEC. Hence, the capital market regulator has directed that all public companies in Nigeria have up to the end of this year to ensure their registration and that trading in those securities is done through SEC approved platform. The Acting Director –General of the SEC, Mary Uduk stated this while speaking at the post Capital Market Committee (CMC) meeting media briefing in Lagos last Friday. According to her, already, the commission had distributed

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

letters to all registrars to fast track compliance with the rule and ensure that public companies abide by the stipulated deadline. To accelerate compliance, SEC also explained that the commission would ensure that companies filing their returns must provide evidence in form of letters to show due registration with the regulatory authority. The commission, according to her, has identifies companies that their shares are actively traded on the OTC platform without registration. “Some trading was rolled under

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 1008-2018, unless otherwise stated.

the table. Immediately we created those rules, we send letters to registrars to mandate them comply with the rules and we have also identifies some companies that their shares are actively traded that are not registered and we will write to company secretaries to draw their attention on the rule. If companies are bringing returns to us, we will check if the company is registered your securities with sec, if yes, then the company must provide evidence of sec registration letter. We have now issued a circular for a deadline of 31st December.

“After December, any Plc that failed to register their securities with SEC, the commission may decide to adopt other means to ensure that companies comply with the directive,” she said. To incentivize issuers to raise more fund from the capital market, the SEC announced plans to streamlining the entire issuing process, in addition to the reduction in cost of issuing achieved last year. The measure, according to Uduk is to fast-track the entire process of raising bonds and equities in the capital market

and make issuing process more attractive to investors. “We are almost through with the report. We looked at the entire value chain and we are working with the NSE to ensure that any documents filed with the exchange are not requested for a second filling at the SEC to fast tract the system. Uduk explained that an impact assessment made on the cost reduction for primary equity and fixed income issues last year impacted on the market and attracted more issuer to the market.

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

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund N/A N/A N/A ACAP Income Funds N/A N/A N/A 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 12.37% 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 18.14 18.69 -0.72% ARM Discovery Fund 379.26 390.70 -2.52% ARM Ethical Fund 28.46 29.31 4.15% ARM Money Market Fund 1.00 1.00 12.40% 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 144.10 145.11 -5.01% AXA Mansard Money Market Fund 1.00 1.00 12.01% 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 10.57% Paramount Equity Fund 11.75 12.05 5.97% Women's Investment Fund 102.36 104.99 1.72% 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 12.43% 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 12.13% Coronation Balanced Fund 1.17 1.20 11.63% Coronation Fixed Income Fund 1.20 1.23 16.26% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 12.14% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.83% 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 1,189.57 1,190.30 10.87% FBN Heritage Fund 142.87 143.87 2.29% FBN Money Market Fund 100.00 100.00 12.21% FBN Nigeria Eurobond (USD) Fund - Institutional $114.23 $114.68 3.62% FBN Nigeria Eurobond (USD) Fund - Retail $114.03 $114.47 3.55% FBN Nigeria Smart Beta Equity Fund 162.05 164.40 1.33% 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 1.29 1.31 -0.70% Legacy Debt Fund 3.11 3.11 7.77% 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 12.09% Nigeria Entertainment Fund 102.80 102.80 2.34% 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 12.20% Vantage Balanced Fund 2.15 2.17 1.77% Vantage Guaranteed Income Fund 1.00 1.00 14.22% Kedari Investment Fund (KIF) 123.22 123.49 7.09%

LOTUS CAPITAL LTD ﬁncon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.17 1.20 2.60% Lotus Halal Fixed Income Fund 1,067.40 1,067.40 8.23% 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 12.33 12.44 -5.45% Meristem Money Market Fund 10.00 10.00 11.00% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.33 1.36 11.95% PACAM Fixed Income Fund 11.81 11.87 6.97% PACAM Money Market Fund 10.00 10.00 11.76% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 127.61 128.24 -1.54% 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 1.62 1.62 9.42% 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 N/A N/A N/A Stanbic IBTC Bond Fund N/A N/A N/A Stanbic IBTC Ethical Fund N/A N/A N/A Stanbic IBTC Guaranteed Investment Fund N/A N/A N/A Stanbic IBTC Iman Fund N/A N/A N/A Stanbic IBTC Money Market Fund N/A N/A N/A Stanbic IBTC Nigerian Equity Fund N/A N/A N/A Stanbic IBTC Dollar Fund (USD) N/A N/A N/A 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 1.15 1.16 -2.85% United Capital Bond Fund 1.54 1.54 7.85% United Capital Equity Fund 0.74 0.75 -3.12% United Capital Money Market Fund 1.00 1.00 United Capital Eurobond Fund 104.80 104.80 4.76% United Capital Wealth for Women Fund 1.06 1.07 2.16% ZENITH ASSETS MANAGEMENT LTD info@zenith-funds.com Web: www.zenith-funds.com; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 12.59 12.79 4.75% Zenith Ethical Fund 13.14 13.28 -0.17% Zenith Income Fund 20.69 20.69 9.32% Zenith Money Market Fund 1.00 1.00 11.05%

REITS NAV Per Share

Yield / T-Rtn

11.41 137.49 51.52

1.01 3.80% 1.36%

Bid Price

Offer Price

Yield / T-Rtn

11.58 135.51 103.19

11.78 138.38 105.13

-4.04% -5.13% -5.54%

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

SPECIALIST FUNDS*

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

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

N/A

NAV Per Share

Yield / T-Rtn

105.44

17.63%

FOR HNI & PROFESSIONAL INVESTORS ONLY

Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

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.

TUESDAY, AUGUST 14, 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

No Official Communication for Nâ€™ Assembly to Reconvene, Says House Spokesman Deji Elumoye Ă‹Ă˜ĂŽ James Emejo Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ Barely 24 hours to the supposed resumption of the National Assembly to pass a supplementary budget for the Independent National Electoral Commission (INEC) and also attend to other matters of national importance, no official communication has been received

by the lawmakers,THISDAY has learnt Deputy Speaker of the House of Representatives, Hon. Yusuf Lasun, had stated that the lawmakers who went on recess on July 24, would reconvene tomorrow to consider some executive communications before it, including the 2018 Supplementary Appropriation Bill, containing estimates for INEC to

Cholera Kills Seven People in FCT The Federal Capital Territory Administration (FCTA) has_confirmed that seven deaths have been recorded from the outbreak of cholera in four communities in the territory. The affected communities are Kubwa, Sauka, Mpape and Ushafa. The Director of Public Health in the Health and Human Services Secretariat, FCTA, Dr. Humphrey Okoroukwu, gave the confirmation on the outbreak yesterday to the News Agency of Nigeria (NAN) in Abuja. Okoroukwu said two deaths were recorded at Kubwa village, one at Sauka, two at Mpape and two at Ushafa. The cholera outbreak was also reported at Kwali and Kuje Area Councils. However, according to Okoroukwu, the outbreak in the two councils did not claim any life. He stressed that the authorities had brought the situation in the two area councils and those at Sauka, Mpape and Kubwa villages are under control. Okoroukwu said the outbreak at Ushafa was the most recent, adding that all efforts had been put in place by the

administration to address it. The director also disclosed that there were 58 cases listed in the recent outbreak at Ushafa, comprising 36 females and 22 males. He emphasised that only two deaths were recorded at Ushafa, and refuted speculations of five deaths from the disease in the community. Okoroukwu noted that the cases fitted into the definition cases of cholera, while laboratory confirmation was being awaited. The director said, however, that a case of cholera had been established from the laboratory tests conducted on one of the patients. â€œWe are treating them as cholera so that we wonâ€™t take any chances, and our disease surveillance officers in Bwari Area Council are all on ground in Ushafa to curtail it. â€œWe have since sent some medications to Bwari General Hospital as well as chlorine and water guard for the treatment of their drinkable water,â€? he said. Okoroukwu noted that health education had been intensified in various communities to sensitise residents on the prevention and management of the disease.

Saraki Visits Obasanjo in Abeokuta, Keeps Mum over Meeting Femi Ogbonnikan Ă“Ă˜ ĂŒĂ?Ă™Ă•Ă&#x;ĂžĂ‹ The Senate President, Dr. Bukola Saraki, yesterday, made a surprise visit to former President Olusegun Obasanjo in Abeokuta, the Ogun State capital, and held about 90 minutesâ€™ closed-door meeting with him. Saraki, who adorned a flowing white agbada and a white cap, arrived the Olusegun Obasanjo Presidential Library (OOPL), located along Presidential Boulevard, at about 5.27p.m. Details of the meeting were not made available to journalists who kept vigil for him at the OOPL to give details of his meeting with the elder statesman. Shortly after his defection to the Peoples Democratic Party (PDP), the Senate president visited former military Head of State, General Ibrahim Babangida (rtd) at his Hilltop

Mansion in Minna, Niger State last week. However, when he emerged from his closed-door meeting with Obasanjo, Saraki parried questions put to him and also kept mute on national issues or anything pertaining to the ongoing rancour within the Senate leadership, preparatory to the forthcoming 2019 general election but simply said he came to Abeokuta to see Obasanjo, having missed the official opening of the multi-billion dollar OOPL project. He described the library as a beautiful edifice that should make all Nigerians proud. â€œYou know I missed the official opening of the library and that is why I have decided to come and see the place and honestly, it is beautiful. We are very proud of what he has done here,â€? he said. However, he left the library premises at about 7.12p.m.

conduct the 2019 general election. In addition, the lawmakers are expected to make a resolution on the recent invasion of the National Assembly during the special session. But in a telephone chat yesterday, spokesman of the House of Representatives, Hon. Abdulrasaq Namdas told THISDAY that members were still on lawful recess, adding that there had been no date or communication directing them to resume at any specific time. He said though various media reports had indicated the parliament would resume between today (Tuesday) and tomorrow, there was no official communication to members as at press time yesterday. Also, a ranking member of the House of Representatives, Hon. Muhammed Monguno (APC, Borno), also confirmed Namdasâ€™ position that no there

was no official communication directing members to resume. He added that though the reconvening might still be communicated via network news last night. Also, the Chairman of the South-east Caucus in the Senate, Senator Enyinnaya Abaribe, confirmed that no information had been passed to any legislator as regards the resumption of the lawmakers. Abaribe said the National Assembly leadership might be considering the absence of several legislators who had travelled outside the country since they went on annual recess on July 24. â€œThe lawmakers that are overseas on vacation will have to be given enough time to return home. They will have to reschedule their flights and this will take sometimes and this may be a possible reason for non-reconvening of the National

Assembly. The Senator representing Abia North said at the right time the leadership would reconvene the National Assembly, adding that there are procedures for doing that. According to him, â€œthe Assembly rules are very simple that both the Senate President and Speaker of the House of Representatives after consulting with leaders of all the political parties in the National Assembly will direct the Clerk of the National Assembly to recall the legislators from recessâ€?. The Senate Standing Order 2015 (Rule 12(1-3) ) as amended is in line with Senator Abaribeâ€™s position. Rule 12 (1-3) states :â€?Whenever the Senate shall stand adjourned to a date not fixed and it is represented to the President of the Senate by the leaders of the political parties in the Senate that

the Senate shall meet on a certain time, the President of the Senate shall give notice accordingly and the Senate shall meet on the date and at the time stated in the notice. â€œWhenever the Senate stands adjourned either to a date fixed by the rule of the Senate or to a date determined in accordance with paragraph (1) of this Rule and it is represented by the leaders of the political parties in the Senate to the President of the Senate and the public interest requires that the Senate should meet on an earlier or a later date or time than that on which it stands adjourned, the President of the Senate may give notice accordingly and the Senate shall meet on the date and at the time stated in the notice. â€œWhen the President of the Senate shall have given notice in accordance with either of the two proceeding paragraphs, the Clerk shall communicate the terms of the notice to each Senator â€œ

CONSULTATIVE MEETING

L-R: Former Deputy Governor of Delta State, Chief Benjamin Elue; Delta State Chairman of Peoples Democratic Party ( PDP), Mr. Kingsley Esiso; Delta State Governor, Senator Ifeanyi Okowa; and former National Caretaker Chairman, PDP, Senator Ahmed Makarfi, during PDP meeting held in Government House, Asaba...yesterday

NNPC Partners Seplat to Deliver 3.4bcf of Gas by 2020 Chineme Okafor Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ The Nigerian National Petroleum Corporation (NNPC) and Seplat Petroleum Development Company Plc have signed five agreements to develop a gas production project aimed at delivering about 3.4 billion standard cubic feet of gas per day (bscfd) by 2020, a statement from the corporation has disclosed. The statement explained that

the new gas project was part of efforts by the NNPC to bridge the projected medium-term gas supply gap expected in Nigeria by 2020. NNPC Group General Manager, Public Affairs, Mr. Ndu Ughamadu, said in the statement that the project called Assa North and Ohaji South (ANOH) gas development scheme was one of the Seven Critical Gas Development Projects

(7CGDP) that would boost gas production and infrastructure development in the country. The statement quoted NNPC Group Managing Director, Dr. Maikanti Baru, as saying that a special purpose vehicle known as ANOH Gas Processing Company (AGPC) was being promoted by both parties to develop, build, operate and maintain the ANOH gas processing plant, with an initial capacity of 300 million standard

cubic feet per day (mmscf/d) of gas in Imo State. According to him, NNPC would do everything possible to ensure that the project was successfully delivered on schedule within budget and to specification. He stated that the project was designed as a worldclass gas processing plant with the capacity to deliver up to 3.4 bscf of gas daily.

Shehu: Osinbajo is Buhariâ€™s Running Mate in 2019 The Senior Special to the President on Media and Publicity, Garba Shehu, has said Vice President Yemi Osinbajo will run on the same ticket with President Muhammadu Buhari. Shehu said this while fielding questions from State House Correspondents yesterday. He was reacting to the string of victories recorded by the ruling All Progressive Congress (APC) during the weekendâ€™s by-elections in the country.

â€œDecisive victories in senatorial and state assembly elections in Katsina, Bauchi, Kogi and states were an indication that the Buhari/ Osinbajo presidential ticket that won the 2015 election will ensure an encore in 2019,â€? he said. The presidential media aide, according to TheCable, said the victory in those states shows that the ruling party is still popular and that Nigerians have just endorsed Buhari/Osinbajo joint ticket. â€œI like to speak to you about

the fabulous shows of the APC in Katsina, Bauchi and Kogi, and even to some extent in Cross River States. All of these coming against the background of Ekiti State,â€? he said. â€œIt is clear that from election after election, Nigerians are reposing confidence in the Buhari/Osinbajo presidency. Each of these election victories is considered to be epic in nature because none of these elections was an ordinary election. We are happy that we have won

and on behalf of the president and the acting president, we like to say thank you to Nigerians who continue to repose their confidence in the leadership of the APC administration. â€œWe also want to thank the leadership of the party at the national level, but equally important, to thank all the partyâ€™s apparatchiks deployed to all the campaigns and ensured that all the elections were won handsomely by APC.

TUESDAY, AUGUST 14, 2018Ëž T H I S D AY

NEWSXTRA

Ozekhome: Constitution Requires 73 Senators to Remove Saraki

Cautions against using 24 lawmakers to impeach him Even 36 APC-controlled states canâ€™t remove Saraki, PDP chieftain tells Oshiomhole

Gboyega AkinsanmiÂ Ă“Ă˜ Ă‹Ă‘Ă™Ă? Ă‹Ă˜ĂŽ Sylvester Idowu Ă“Ă˜ Ă‹ĂœĂœĂ“

impossible without corruptible imputation for APC to get 73 senators in a House of 109 As the All Progressives senators to impeach Saraki. Congress (APC) insists on Ozekhome, also a Senior leadership change in the Senate, Advocate of Nigeria (SAN), a human rights lawyer, Dr. Mike has also cautionedÂ Â the APC Ozekhome, yesterday noted that and presidency against listening the 1999 Constitution requires to some perverse legal opinion at least 73 senators to impeach from different quarters that 24 Senate President Bukola Saraki. Â members of the upper chamber Also, a chieftain of Peoples could lawfully impeach Saraki Democratic Party (PDP) in Delta as the Senate president. State, Chief Sunny Onuesoke, has He gave this warning in a told the National Chairman of statement he issued yesterday, the APC,Â Â Â Adams Oshiomhole, citing relevant sections of the that even 36 states controlled by 1999 Constitution and different theÂ Â APC cannot remove the judicial precedents to justify the Senate president. requirement of 73 senators for Onuesoke, who made the the impeachment of the principal statement while addressing officers of the National Assembly. journalists in reaction to Ozekhomeâ€™s position aligns Oshiomoleâ€™s demand that Saraki with the legal opinion which shouldÂ Â resign or be impeached, another senior lawyer, Mr. Femi described the APC chairman as Falana, gave last week. In his someone who is â€œday- dreaming,â€? legal opinion, Falana noted that stressing that it would be highly the APC â€œcannot remove Saraki

without the two-third majority of the entire lawmakers in the upper chamber. After Sarakiâ€™s defection to the Peoples Democratic Party (PDP) about three weeks ago, the APC, especially its National Chairman, Oshiomhole, had not only been asking him (Saraki) to resign as the Senate president, but also threatening to impeach him by all means. But in a three-page statement yesterday, Ozekhome explained the process and technicality of impeaching the Senate president or Speaker of the House of Representatives beyond provision enshrined in section 50(2) of the 1999 Constitution. The senior lawyer first cited sections 143 and 188 of the 1999 Constitution, which according to him, deal with the impeachment of the president, vice president, governor and deputy governor respectively.

Akpabio: All Defectors Must Lose Their Seats Before I Get Sacked Former Senate Minority Leader, Godswill Akpabio, has said he is not perturbed by the call to declare his seat vacant. Akpabio is representing Akwa Ibom North-west in the upper legislative chamber. He defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC) last week. On Sunday, the Reformed All Progressives Congress (rAPC) asked the Senate President, Bukola Saraki, to declare Akpabioâ€™s seat vacant, following his defection to the ruling party from the PDP. The group based its demand on the premise that there is no division in PDP. But speaking with journalists at the National Assembly

yesterday, Akpabio, according to TheCable, dismissed the R-APC, saying the group was not a political party. He added that if the excuse of R-APC is that there is no rancour in PDP to warrant his defection, they should also know that there is no rancour in APC. â€œEven as you are looking at me, do I look perturbed? I have not heard the report. Because the reason why I think that is a rumour is that there is, at the moment, no division in the APC,â€? he said. â€œThe APC is one family. If you hear about rAPC that was not really a political party that was not a division, has since been consumed in what they call Coalition of United Political Parties (CUPP). So, there is no

division. And so, any defection from APC to PDP, we will like to declare those seats vacant.â€? When asked if the APC senators had perfected their plans to remove Saraki, Akpabio said he is yet to be briefed on any plan. â€œI just came in from IkotEkpene, where I decided with my people to join APC. Iâ€™m yet to be briefed on any of those items. I have not heard anything,â€? the senator said. â€œAnd what I am hearing now is what you are telling me. But why donâ€™t you wait for me to formally talk to you? I believe that when the National Assembly resumes you will hear from me directly. So, exercise patience.â€?

Benue Assembly Crisis Deepens as Court Restrains New Speaker from Presiding George Okoh Ă“Ă˜ Ă‹Ă•Ă&#x;ĂœĂŽĂ“ The leadership crisis rocking the Benue State House of Assembly yesterday took another twist as a Makurdi High Court presided over by Justice Theresa Igoche restrained the new Speaker, Mr. Titus Uba, and the assembly from sitting and carrying out any legislative functions. Also restrained are Hon. Johnson Ahubi, Hon. Avine Agbom, Hon. Audu Sule, Hon. Kester Kyenge and Dr. Torese Agena-Deputy Speaker, Majority Leader, Deputy Majority Leader, Chief Whip and Clerk of the assembly respectively. Justice Igoche who gave theÂ restraining order while ruling on an ex parte motion filed by the impeached Speaker, Hon. Terkimbi Ikyange, and four others, also restrained them from

conducting and carrying any functions of the House of Assembly, pending the hearing and determination of the motion on notice. The judge also restrained Uba and his leadership from entering and/or further entry and occupying the offices of the 1st to 5th plaintiffs/ applicants as well as further entry into the offices of 1st to 4th plaintiffs in the House of Assembly complex.Â The presiding Judge noted that â€œupon hearing from Chief MM Osuman (SAN) for the applicants, the court held as follows: I have read the motion No. MHC/1694m/18 filed on August 10, 2018, together with the other process accompanying it. â€œParticularly, I have looked at paragraph 22-34 of the affidavit in support and paragraphs 5-13 of the

affidavit of urgency. According to her, â€œThis court takes judicial notice of the order of interim injunction made against the plaintiffs/ applicants on August 1, 2018, in suit No.MHC/259/18.â€? Justifying the restraining orders, Justice Igoche said in her opinion, â€œit is necessary for the purpose of averting any danger that may be caused and to avoid any breach of the peace, that this application be granted so that the members of the Benue State House of Assembly will not sit in the 5th plaintiff/ applicant(s) assembly complex until the motion on notice is heard and determined.â€? The court in July also restrained the plaintiffs from parading themselves as officials of the assembly.Â With yesterdayâ€™s order by the court, the state House of Assembly is without a leadership.

He noted that the sections â€œare different from section 50(2), which deals with the impeachment of the president or deputy president of the Senate, or the Speaker or deputy Speaker of the House of Representatives.â€? He pointed out that section 50(2)(c) â€œdoes not use the word all in its provision. If it wanted to import all as done in sections 143 and 188, it would have said so clearly. But it did not. â€œIt simply says if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-thirds majority of the members of the Chamber.â€? He explained that the Senate â€œcomprises 109 senators. The House of Representatives comprises 360 members. Surely, section 50(2)(c) does not talk about quorum of any of the chambers as stated in section 54(1), which simply deals with the quorum of members before sitting. In the case of sitting, he said section 54(1) provided for onethird of all the members of the legislative chamber, thus arguing that the quorum issue â€œcannot be imported into the clear and unambiguous provisions of section 50(2) (c).â€? Specifically, Ozekhome noted that Section 50(2)(c) did not also

talk of members present and voting, but simply required not less than two-thirds majority of the members of that chambers to remove the president or deputy president of the Senate or the Speaker or deputy Speaker of the House of Representatives. Contrary to an argument by presidential advisers that 24 senators could impeach Saraki, the senior advocate noted that two-thirds of the 109 members of the Senate â€œis 73 while two-thirds of the 360 members of House of Representatives is 240.â€? Ozekhome, therefore, said different courts in Nigeria, including the Supreme Court, â€œhave interpreted what is meant by the two-thirds majority vote of a chamber because the impeachment proceedings of the principal officers of the bicameral legislature are a very sensitive legal and constitutional matter.â€? He cited a decision of the Court of Appeal in a case between the National Assembly versus the President of the Federal Republic of Nigeria (2003), which interpreted the two-thirds majority â€œto mean two-thirds of the entire two chambers-the Senate and House of Representatives.â€? Then presided over by JusticeÂ George Oguntade, the court held thatÂ to override the presidentâ€™s veto of a bill, each chamber â€œmust garner 73 votes

in the Senate and 240 votes in the House of Representatives respectively, as representing two-thirds.â€? In its ordinary meaning, the court held that two-thirds majority of each chamber â€œcan only mean two-thirds of the membership of each chamber of the Senate and the House of Representatives. It cannot mean any other thing else. â€œThe section has no relationship with the ordinary quorum of each House. It does not employ a language referable to a proportion of the membership of each House. It is two-thirds of each of the whole of the Senate and House of Representatives.â€? On these grounds, Ozekhome said: â€œWere the perverse and ludicrous arguments that 24 senators can legally impeach Saraki to hold sway, it will have meant that even 17 senators can easily remove the entire leadership of the chambers voted in by all the members under section 50(1) of the 1999 Constitution.â€? He noted that such a situation â€œwill not only be absurd, but would tantamount to doing violence to theÂ constitution itself. In statutory interpretation, it is elementary that the law should be interpreted in such a way as to avoid absurdity or infer meanings different from the clearÂ intention of the legislature.â€?

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

TUESDAY, AUGUST 14, 2018Ëž T H I S D AY

NEWSXTRA

EFCC Manned by Incompetent Professionals, Says Bafarawa Anti-graft agency secures over 150 convictions in seven months, says Magu Okon Bassey Ă“Ă˜ ĂŁĂ™ Ă‹Ă˜ĂŽ Â Laleye Dipo Ă“Ă˜ Ă“Ă˜Ă˜Ă‹ A presidential aspirant on the platform of the Peoples Democratic Party (PDP), Alhaji Attaihiru Bafarawa has alleged that the Economic and Financial Crimes Commission (EFCC) is manned by unqualified professionals. This is coming as the Acting Chairman, of the agency Ibrahim Magu, has said the commission secured no fewer than 150 convictions in seven months. But the Akwa Ibom State GovernmentÂ yesterday cautionedÂ that investors might be scared from the country if the federal government continues to use the anti-graft commission to threaten perceived political opponents. The state Commissioner for Information and Strategy, Mr. Charles Udoh stated this while speaking with journalists in Uyo, the state capital, on the recent allegations by the EFCC that theÂ Â N1.6 billion was traced to 11 accounts of the state government, as well as last week freezing of the account of the state. Speaking to journalists yesterday in Minna, the Niger State capital, Bafarawa stated that the anti-graft agency adopted unprofessional approach in its assignments.

Bafarawa, who called for a total overhaul of the EFCC, said the agency had bungled most of its cases in courts and failed to complete in record time, its investigations. â€œThe way and manner the EFCC is carrying out its assignment is not the proper way. We must get qualified people to handle the assignments. EFCC is manned by unqualified people. â€œThe fight against corruption is not a thing we say with the mouth. The top must show a way; good example for the corruption fight to succeedâ€?, Bafarawa said. He accused the Nigerian politicians of turning politics into money making ventures; into a small scale industry, adding that â€œpoliticians have derailed from the path created by the late Ahmadu Bello. Meanwhile, Magu has said EFCC secured no fewer than 150 convictions in seven months. Magu made the disclosure yesterday at a stakeholder interactive session held at the Ibadan Zonal Office of EFCC. He stated that the agency had ensured the prosecution of all corruption cases irrespective of how highly placed the culprit was. â€˜â€˜For us at EFCC, we are driven by courage, integrity, professionalism and commitment to the common task of improving the lots of our people at the

grassroots as we promote working partnership with all stakeholders,â€™â€™ he said. The EFCC boss stressed that the agency had not and would not engage in a witch-hunt, adding that its activities were in line with international best practices. â€˜â€˜In all that we do, we are guided first by the fear of God and patriotism to our fatherland and the rule of law. â€˜â€˜I will continue to discharge my duties guided by fear of God, overriding interest of Nigeria and

rule of law,â€™â€™ he said. Magu, who stated that the commission had recorded notable achievements, added that it became accessible to Nigerians and had brought the anti-corruption campaign closer to the people. The EFCC boss solicited the support of all stakeholders, saying the fight against corruption must be collective. â€˜â€˜Like we all know, corruption is the number one problem that has militated against the development

of Nigeria, especially the very poor at the grassroots.â€? â€˜â€˜The havoc that corrupt practices has wrought on the Nigerian economy is, no doubt, endless. â€˜â€˜This is why fighting it (corruption) to a standstill is not only a must but the only lifesaver for our country. â€˜â€˜We must all join hands to kill corruption. We must fight this menace. There is no better time to prop up the anti-corruption campaign than now,â€™â€™ he said. Magu said it was pertinent for

all Nigerians to see themselves as stakeholders in the fight against corruption. He called on journalists to see themselves as strategic partners in the fight against corruption and urged them to also expose corrupt practices around them. Dolapo Dosunmu, the State Director of National Orientation Agency (NOA), who commended Magu for excellent performance, said the agency was making an impact in the country.

Tambuwal Meets Atiku over PDP Presidential Ticket Onyebuchi Ezigbo Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ The Governor of Sokoto State, Aminu Tambuwal has held consultations with the former Vice President, Atiku Abubakar in connection with his aspiration to vie for the countryâ€™s presidency in 2019. Abubakar and Tambuwal are among the eight presidential aspirants seeking to pick the ticket of the Peoples Democratic Party (PDP). Tambuwal on Sunday night paid a courtesy visit to AtikuÂ Â at his Asokoro, Abuja residence. Both Abubakar and Tambuwal later had closed door meeting along with the

Director General of Atiku Presidential Campaign Organisation, Gbenga Daniel. Although details of the meeting were not made known, but a source privy to the meeting told THISDAY that the consultations were aimed at achieving a consensus on who will eventually pick the PDP

PUBLIC NOTICE

I, formerly known and addressed as OGASA BENEDICT UMOREN, now wish to be known and addressed as PAULINUS BENEDICT UMOREN. All former documents remain valid. and general public should take note.

presidential ticket. When contacted, the Head of Atiku Media Office,Â Paul

Ibe confirmed that Tambuwal did indeed pay courtesy visit to Atiku.

T H I S D AY ˾ ͯͲ˜ ͰͮͯͶ

Sma # It is and hea # The

Mobile Power Generation Where and when needed The world most powerful mobile generator( 44MW) siemens.com/ng

͹ͼ˜ ͺ͸͹΀ ˾ T H I S D AY

TUESDAYSPORTS

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

UNDER-20 WOMEN’S WORLD CUP

Late Equaliser Sends Falconets into Q’ﬁnal Nigeria to play Spain for a place in the Last Four Duro Ikhazuagbe with agency report A stoppage time own goal by Jiaxing Dou earned Nigeria a highly-dramatic 1-1 draw against China PR in Dinan-Lehon, France yesterday as Falconets claimed a spot in the quarter-finals of the ongoing FIFA Under-20 Women’s World Cup. Needing an outright victory to leapfrog Falconets to the runners-up spot of Group D, China was the more adventurous side in the first half at the Stade du Clos Gastel. Zhang Linyan gave China the

breakthrough they needed with a 41st minute goal, and they were on their way to the last eight before the own goal that ensured the Falconets finished Group D in second place on goals balance from the Asians, though on same number of points (four). Mengyu Shen had the first chance of the match on 25 minutes when she hit the Nigeria crossbar. A few minutes later, captain Linlin Wang headed over the target from close range. China’s breakthrough came four minutes before half-time, as the diminutive Zhang turned

her Nigerian marker in the box and stroked the ball past a diving Chiamaka Nnadozie to give the Asians the lead at the break. The Super Falconets pushed hard in search of an equaliser in the second half, but found the China backline and goalkeeper Huan Xu in resilient form until the end of the contest. With seconds left to play, substitute Aishat Bello’s byline cross from the right saw captain Rashdeedat Ajibade challenge for

the ball with China right-back Jiaxing Dou. Bello’s cross struck the Chinese defender before nestling in the back of the net and sparking emotional celebrations from the Falconets at the full-time whistle. The Falconets will now have to battle impressive Spain on Thursday for place in the lastfour. Kick-off time on Thursday is 2pm. Spain topped Group C with seven points in a group that also had the USA and Paraguay.

They have so far scored seven goals and let in three goals. General Secretary of the Nigeria Football Federation (NFF), Dr. Mohammed Sanusi, praised the ladies for their effort: “The Falconets deserve commendation for the way they fought all the way to the end and got the important goal. “The NFF is proud of their dedication, discipline and commitment, and we believe they have what it takes to overcome Spain in the quarter finals,” observed the NFF scribe. In the other match of the group, Germany finished the

group stage with a maximum nine points after a 3-2 victory against Haiti at Vannes’s Stade de la Rabine. Laura Freigang opened the scoring from close range, before Kristin Kogel doubled the lead shortly after the break. Klara Buhl made it three for Germany on the hour-mark, while Haiti captain Nerilia Mondesir netted a second-half brace to put pressure on the Germans. After making it three wins from three, Maren Meinert’s team will now face Japan - who finished second in Group C - in France 2018’s quarter-finals.

Cech in Social Media Spat with Leverkusen Petr Cech became embroiled in a social media spat with Bayer Leverkusen yesterday after the Bundesliga club’s Twitter account mocked an error made by the Arsenal goalkeeper against Manchester City. Cech was selected to face City on Sunday ahead of new Arsenal signing Bernd Leno, who joined the Gunners from Leverkusen in the close season. But the former Chelsea star almost scored one of the most embarrassing own goals of all-time in Arsenal’s 2-0 defeat against the Premier League champions. Cech attempted a pass across the face of his own goal that almost crept into his unguarded goal to the horror of new Arsenal boss Unai Emery. Leverkusen’s English account picked up on Cech’s narrow escape, replying to one tweet highlighting the error. “We might know a guy...” they tweeted, seemingly suggesting their former No 1 Leno would be more adept at implementing Emery’s vision of passing out from the defence. That was followed by a video of Leno playing out from the back in a game for the German

side, with the caption: “In case you were all wondering how to play out from the back...” Retweeted over 2 200 times, plenty of supporters of both clubs found the reply humorous, but Cech took to Twitter to post a reply on Monday evening, criticising the post. “@Arsenal we share important values which make us a big club not only on the football side. Fair competition, professionalism and sportsmanship are the biggest ones you teach young footballers and it’s sad to see when other clubs don’t share the same values. @bayer04_en ,” Cech wrote. Leverkusen’s account replied to Cech’s tweet soon after saying their original “joke” had been taken more personally than it should have been. It read: “Hi Petr. It seems our joke about wanting to see Leno, our former player, in action has been taken a bit more harshly/personally than intended. It was only a bit of banter. We’re all for the values you’ve stated and wish you and your big club all the best. Nice 1v1 save on Aguero!”

Bello Urges Utaka Foundation to Win SATUC World Cup Olawale Ajimotokan in Abuja Niger State Governor Abubakar Sani Bello has charged Nigeria’s representative in the ongoing 2018 SATUC World Cup in Sofia, Bulgaria, John Utaka Foundation Football Team, to work very hard to win the second edition of the tournament for Nigeria and Niger State. The football-loving governor sent this message to the Foundation team based in Minna, Nigeria few hours before they play the quarter-finals battle against fellow African team Cameroon yesterday. The John Utaka Foundation Football Team Coordinator, Usman Chata, who received the cheering news on behalf of the team disclosed that, “our football governor Abubakar Bello has just sent a heart warming message to the team today (Monday) that he was in full support to the team. “He has charged the team to win this second edition of SATUC World Cup here in Bulgaria. “The boys have vowed to win

the competition and make the Governor, Niger State and Nigeria proud”, Chata disclosed. Well inspired by Bello’s message, the Nigerian made a mince-meat of the Cameroonian team 7-0 to sail to the semifinal of the competition. The team captain Arafat Usain scored four while Abidemi Salau added one to take his goal tally to four. SATUC World Cup is designed for the under-privileged kids between the ages of 15 to 16 years to help them showcase their talents to the world. The Nigerian team won their first match against Syria 7-1 where Abidemi Salau scored the tournament’s first hat-trick and is now a hot candidate for the highest goal scorer award. The Nigerian team won their second match against fellow African team Morocco 4-2 to book a quarterfinal ticket. On Monday the Nigerian team mauled arch-rival Cameroon 7-0 to qualify for the semifinal of the competition.

Falconets and their oﬃcials celebrating the stoppage time equaliser against China that earned Nigeria the ticket to the quarter ﬁnal of the ongoing Under-20 Women’s World Cup in France…yesterday

Remita Cup: FCMB, First Bank, Others Hit S’ﬁnals The highly anticipated Remita Corporate Champions Cup 2018 finally kicked off on Sunday with FCMB, Friesland Campina, Leadway Assurance and First Bank making it to the semi-finals. The Remita Cup is an annual football tourney for career professionals across various industries, sponsored by leading fintech firm and owners of Remita, SystemSpecs, to promote healthy living, work-life balance and networking among corporate organisations. Setting the ball rolling at the Sports Pavilion in YabaTech, Lagos, were Friesland Campina, the producers of Peak Milk and 9Mobile, a leading telecoms service provider. Friesland Campina defeated 9Mobile 2-1 to clinch the first semi-final ticket in the competition. First Bank took a 4-2 victory against Unilever in a penalty shoot-out after a goalless draw in the first and second half, while Leadway

MONDAY RESULTS Bulgaria 5-2 Bosnia Liberia 3-2 Cambodia Morocco 3-2 Mexico Nigeria 7-0 Cameroon

Assurance mercilessly beat first time participants, Credit Direct 5-0. FCMB sent the defending Champions, IHS Towers packing, defeating them 1 goal to nil, to own the last semi-final ticket. Just as sounds of trumpets and drums from fans rented the air to support the corporate football champions, the fans were also thrilled with performance by top hip hop artiste, Reminisce. The Alaga Ibile had them on their feet with his major hit songs, Ponmile, Daddy Mi, Tesojue, Konsignment, and Problem. Present at the event were the Managing Director of SystemSpecs, Mr. John Obaro; Former Super Eagles goalkeeper and Remita Cup Tournament Ambassador, Peter Rufai; The Chief Operating Officer of MediaVision (organisers), Mr Jimi Sogbesan; the Executive Director, SystemSpecs, Mr. Deremi Atanda. among others. Before the main games began, there was a novelty match between YabaTech FC and Unilag Marine. The semi-finals will hold on Sunday, August 19, 2018, at the same venue in YabaTech. FrieslandCampina will take on Leadway Assurance, while First Bank will battle FCMB.

DStv, GOtv Subscribers to Watch Ronaldo, Serie A Live DStv and GOtv subscribers will, from 18 August, have access to matches of the Italian Serie A, one of Europe’s most prestigious leagues, which is returning to the SuperSport platform. The return of Serie A will afford football fans in Nigeria the exclusive opportunity of following reigning FIFA World Player of the Year, Portugal’s Cristiano Ronaldo, and all 380 games of Serie A on DStv and GOtv via the SuperSport channels, the only place to watch comprehensive coverage of the Premier League, La Liga, Serie A, UEFA Champions League and this season’s debut of the UEFA Nations League. Part of the excitement lined up is the debut of Ronaldo, who recently signed for Italian giants, Juventus. With the dramatic news of Ronaldo’s capture by Juventus, all eyes will be on the Italian champions and a revitalized Serie A. Ronaldo, one of the world’s most popular and expensive players will be looking to make his mark on the Italian competition and further build his claim as one of the greatest players of all time. On the commencement of the Italian Serie A, General Manager, Sales and Marketing MultiChoice Nigeria, Martin Mabutho, said: “Building on the euphoria of the World Cup, we are excited to deliver world-class

football to fans wherever they watch, whether on television or on digital platforms. “This season we are delivering even more value to our DStv and GOtv customers. With Cristiano Ronaldo announcing his transfer to Juventus we are thrilled to be adding Serie A along with the new UEFA Nations League to our already comprehensive football coverage.” In addition to the news of the Serie A return, Multichoice will also be introducing more live football from other leagues to the DStv Access and Family as well as GOtv Plus and Max bouquets. DStv Access and GOtv Plus customers, will now have access to over 220 live games per season, with two games each from the Premier League, La Liga, and Serie A. The home of Premier League on DStv will be SuperSport 3 where DStv Compact customers and above will have access to the best matches of each round. GOtv Max and Plus, as well as DStv Access and Family customers will have access to twice the number of live Premier League matches as last season. DStv subscribers from Family to Premium will have access to all LaLiga games while DStv Access viewers will be able to watch LaLiga with a second game per week being added to the package.

Tuesday August 14, 2018

UT H

& RE A S O

Price: N250

MISSILE PDP to Oshiomhole “Nigerians have noted that since his imposition as the chairman of the APC, Adams Oshiomhole has done nothing but spewing hate speech and oﬃcially introducing a thug mentality into the polity, while causing confusion in every sector of our national life, including the Federal Executive Council, the security system, our legislature as well as in his dysfunctional APC, which as an undertaker, he is ﬁnally set to bury” – The PDP claiming it has uncovered a plot by the APC and a group in the presidency to use security agencies and the EFCC to invite, arrest and detain Saraki and Ekweremadu.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Dauragate and the Shame of a Nation

he week that just passed will for long be remembered as perhaps the most momentous week in the history of the Muhammadu Buhari administration since 2015. Exactly a week ago, officers of the Department of State Security Services (DSS), acting under the instructions of their boss at the time, Lawal Daura, wearing hoods, stormed the premises of the National Assembly in Abuja, Gestapo-style, occupied the place and resorted to the harassment of National assembly workers, members of the Legislative Assembly who had rushed to the place, and civil society groups that heard of the assault and decided to witness the special drama that was unfolding. A few days earlier, the Presidency had made a special appeal to the National Assembly to cut short its vacation, and return to consider some urgent national matters, including the approval of the supplementary budget to accommodate expenditure for the 2019 elections by the Independent National Electoral Commission (INEC). The leadership of the National Assembly took a favourable view of this request and chose to meet last Tuesday at 12 noon to take a decision accordingly. But that meeting never held. Unknown to the Senators in particular, other people had other plans. By 6 am, gun-wielding, mask-wearing DSS officials had taken over the National Assembly. There have been many conspiracy theories, reports and conflicting accounts about this incident. What is clear is that what we are left with, what we can hang on to - are very embarrassing conclusions about the integrity of public institutions, the state of our democracy, the quality of leadership and the bad politics that stands in the way of everything else. The assault on the National Assembly by the Department of State Security has been rightly condemned by all and sundry. It was indeed an assault on the sovereignty of the Nigerian people, to the extent that the National Assembly is the work-place of the elected representatives of the people of Nigeria. That also was a violation of the principle of the separation of powers, and a coup attempt against the rule of law. It was an illegal and unconstitutional act, and can be rightly labeled an act of treasonable felony. The allegation by the now dismissed, and detained former Director General of the State Security Services that he acted based on an intelligence report that there was a plan by some people to smuggle dangerous weapons and incriminating items into the National Assembly remains unproven. If anything, his action has thoroughly embarrassed the Buhari government. The biggest victim of that act of indiscretion is the President himself. Dauragate is by far, one of the worst “own goals” by this administration. It is worse that the Presidency had to disown Lawal Daura and sack him immediately. The Acting President, Professor Yemi Osinbajo described the seizure of the National Assembly as “unlawful and unauthorized.” The Acting President, being a student of history, must have realized that each time the Executive arm of government takes on the legislature in such a physically violent manner, it is the entire government that is about to be violently destroyed. This was part of the problem in the Western region in 1964/1965. Despite the attempt by the administration to distance itself completely from Lawal Daura, however, so much damage has been done already from which the government cannot extricate itself. Nigeria has been put to shame. The international community must be wondering what kind of people are actually in charge in Nigeria. The relationship between the legislature and the executive arms of government at the

Buhari centre, not at any time a good example, has been further damaged. The National Assembly, battling with the politics of defection at the same time, is seriously overwhelmed by an unmistakable crisis of confidence among its members. Nobody should be surprised that the Senate has not yet made up its mind whether to reconvene or not, since what is more important to some elements in Abuja is the plot to impeach the Senate President, Bukola Saraki. The situation was bad, but Dauragate made it worse. There is no doubt that the Buhari government has unwittingly made itself lame-duck. Daura has further eroded the government’s legitimacy. What I find curious is the Presidency saying that the former DG SSS’s action was “unauthorized.” Should an unlawful and unprovoked attack on the National Assembly ever be authorized? No, I don’t think so. Can or should the head of state security services, who is in addition a member of the National Security Council, chaired by the President, and who is duty bound to submit daily national security reports to some persons and share information with same persons who are on the list of government personnel with a “need-to-know” access to state secrets go on a frolic of his own, in a manner that jeopardises state interest and embarrasses his principal? No, I don’t think so. I also cannot imagine that Lawal Daura spent any part of his life as a professional herdsman, where he possibly may have learnt such tactics as he put on display recently. I have also not heard that he spent some time in Nollywood either as an actor or producer, to learn the kind of histrionics that he and his men staged at the National Assembly. There is definitely a lot more to this matter that no one has told us. State security is not something to be trifled with because on it rests the stability of the state. “Intelligence” is also not such a casual phrase as deployed by Nigeria’s security chiefs. It cannot become a blanket excuse for misconduct. Michael Warner in an essay titled: “Wanted: A definition of intelligence” (see Christopher Andrew, Richard J. Aldrich and Wesley K. Wark (eds), Secret Intelligence: A Reader, London and NY: Routledge, 2009, 552 pp.) writes that “Intelligence involves information, yes, obviously it is far more”. He adds: “It is what people do with data and information that gives them the special quality that we casually call “intelligence”. I interpret that by saying it is not the information in itself that constitutes “intelligence” but how exactly the information is used. On August 7, the Department of State Security Services and Lawal Daura acted unintelligently. But I am

tempted still to give Daura the benefit of the doubt in one regard: could he possibly be a fall guy? Is it possible every one was part of the plot all the way to London as part of the get-rid-of-Saraki-by-all-means-plot, and when the shit hit the fan, Daura had to be sacrificed? How the Daura case is handled going forward will either prove or disprove this hypothesis. If he is suddenly rehabilitated or nothing is done further about the incident, then of course we would know we have been sold a dummy and we shall return here to point out their hypocrisy. But should Daura be guilty as alleged, then we would certainly be dealing with a major crisis at the heart of government. First, the abuse of strategic public institutions which seems to be a growing norm. Second, the personalization of state institutions; third – the danger that the politicization of strategic institutions poses to the entire polity, and fourth, how easily the government can be hijacked by power mongers. I make this point with an intention to link it to the statement made by Senate President Bukola Saraki to the effect that there is “a-governmentwithin-the-government”. Saraki is simply saying that President Muhammadu Buhari is not in charge of his own government, that some other people are in charge, and they are so powerful that they give orders to the Director-General of the State Security Services to act in defiance or without the knowledge of the President. Daura has had a long career in the security services. It cannot be assumed that he does not understand protocols and procedures. But the tragedy we face is that those who are supposed to work professionally to protect the state often abandon procedures and protocols and become politicians or agents of those who run “government-within-government” and hence threaten the integrity of the same state they are supposed to protect and defend. This is the short and long of it. Dauragate should serve as an entry point therefore, into a full audit of the activities of our various law enforcement agencies, not just the Department of State Security Services, but also the Economic and Financial Crimes Commission (EFCC), the police, the Independent Corrupt Practices Commission (ICPC), Immigration and Customs. Daura’s acting successor, Matthew Seiyefa, has already alluded to the rot in the SSS when he practically threw his former boss, Lawal Daura under the bus. He did when he publicly admitted that there are too many cases of illegal detentions and human rights abuses involving the SSS and his first task would be to address these cases and ensure that the SSS under his watch respects the rule of law and the right of all Nigerians to dignity and fundamental rights. Given his previous and present position, we believe Seiyefa knows what he is talking about. He should be encouraged to do as he has promised. Femi Falana, SAN has already provided him with a list of persons in SSS detention who should be set free, including Colonel Sambo Dasuki, El Zakzaky and his wife. To that list should be added James Abiri and all victims of political persecution. Seiyefa needs not wait a day longer, and he must resist the temptation to tell us what we want to hear in order to gain some legitimacy. But the full audit that I call for is not something to be handled by either the police or the EFCC. The EFCC is obviously claiming a moral victory over Lawal or so it seems. But the EFCC has its own issues. For example, shutting down the accounts of Benue and Akwa Ibom states was a coup against autonomous components of the

country, clearly in violation of Section 14 of the Nigerian Constitution. Why the coincidence that this happened shortly after APC members in Benue state defected to the Peoples Democratic party? This in itself calls for an investigation. The Acting President must not cherry-pick. The higher loyalty must be to God, conscience, and the people because those in charge today will, tomorrow, also become yesterday’s men, and what they sow today is what they will reap tomorrow, most certainly. The audit cannot also be assigned to the Inspector-General of Police who obviously has been gloating over Daura’s fate, and has been acting in a holier-than-thou manner. As they say on the streets, Ibrahim Idris should go and sit down! He lacks both the moral and technical integrity to sit in judgement over Daura. There is nothing that Daura has done that he himself is not guilty of. In the course of work, he has also in various ways, undermined the integrity of the National Assembly and at the state level, he should answer these questions: what role did his men play in the Ekiti election? And were his men not reported to have provided protection for the eight members of the Benue State House of Assembly who just recently wanted to impeach the Governor, Samuel Ortom, illegally? He says the Police have investigated and interrogated Lawal Daura and he has submitted an Interim Report to the Acting President, Professor Osinbajo. I find his interim report inadequate and shoddy. I am embarrassed that Professor Osinbajo actually accepted the Report and intends to pay attention to it. He should have “transmissioned” it back immediately to the “olodo rapata” that wrote it, and ask that all the grammatical errors in it be corrected and a clean copy be “transmissioned” back to him. The office of the Inspector-General of Police is a very important office. And yet a report comes from that office, signed and circulated in the public domain and it contains such grammatical monsters as “weep up sentiment”; “did conspired”, “on a claimed of”, “used… conspired, “hoods and marks”; took strategic location of”; experts or specialist.” I am shocked that the Inspector-General of Police appended his signature to this document… but come to think of it, I worry too much, the man himself probably doesn’t know better. They don’t speak English in this government. They just play with power, guns and bullets. I insist that Dauragate is not so much about the man and his foibles, rather it is a metaphor for something far deeper which must be isolated, contained, cauterized and disallowed from cancerlike mestasization - in order to save Nigeria. The gangrene eating at the heart of everything, and the thing that hangs around the neck of this government are so easily decipherable, no one will need the services of a marabout to know what to do. It is up to President Buhari to identify those who have constituted themselves into a “government within (his) government” making him look weak and distracted, acting in defiance of or without regard for his authority; I mean all those formal and informal power brokers who seem to be busy making enemies for him and ridiculing him in the eyes of the world. These are persons Nigerians will forget as soon as they are out of power and relevance. But they will remember Muhammadu Buhari and the mandate they gave him in 2015 - and what he did with it. I urge President Buhari to cut short his trip to London and come back home to put an end to this disturbing drift. This is not the right time to remain on vacation.

Printed and Published in Lagos by THISDAY Newspapers Limited. Lagos: 35 Creek Road, Apapa, Lagos. Abuja: Plot 1, Sector Centre B, Jabi Business District, Solomon Lar Way, Jabi North East, Abuja . All Correspondence to POBox 54749, Ikoyi, Lagos. EMAIL: editor@thisdaylive.com, info@thisdaylive.com. TELEPHONE Lagos: 0802 2924721-2, 08022924485. Abuja: Tel: 08155555292, 08155555929 24/7 ADVERTISING HOT LINES: 0811 181 3085, 0811 181 3086, 0811 181 3087, 0811 181 3088, 0811 181 3089, 0811 181 3090. ENQUIRIES & BOOKING: adsbooking@thisdaylive.com