Nigeria Changing for The Better, Failed Elites Have Every Reason to be Terrified Abba Kyari chief of sta to the president
PERSPECTIVE
In a world dominated by instant communication and unregulated social media, the politics of who shouts loudest is increasingly the voice that is most widely heard, often with little or no reference to the facts. This is a dangerous formula,
especially in Nigeria, where so many prominent people in politics and business have built careers on grand but empty gestures, of saying with absolute conviction, and banks of paid-for praise singers in tow, exactly the opposite of what they mean. A lot of countries are
grappling with how to balance the tremendous positive opportunities new technologies can give, with how best to protect our most cherished freedoms – of speech, assembly and association. Freedom of speech does not allow us to shout ‘fire’ in a crowded market. Nor should it include the freedom anonymously to
fuel division and provoke violence to mask personal ambitions and career failings. There has been a lot of attention on the record of our administration. President Buhari made three, simple promises to Nigeria: to tackle insecurity; to promote economic diversification; and to challenge corruption. The answers are more complex,
and it would be a mistake to look for easy solutions. But consider where Nigeria was in 2015: violent extremists threatening to establish a bloodthirsty criminal state inside our own borders; even oil, our one export industry, in atrophy; and a Wild West casino culture in government, where billion-dollar contracts went walking with impunity.
Salaries, allowances and pensions of public servants remained unpaid for years. Funds that should have gone to support our soldiers were diverted into the swamp of a doomed political campaign. Contractors, godfathers and politicians helped themselves to billions and as a result too Continued on page 8
Tuesday 28 August, 2018 Vol 23. No 8532. Price: N250
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Osinbajo: Restructuring Not Nigeria's Problem... Page 52
Rule of Law Superior to National Security, Interest, Lawyers Tell Buhari Usoro, Agbakoba, others say executive can’t override judiciary Davidson Iriekpen, Tobi Soniyi in Lagos and Alex Enumah in Abuja Senior lawyers yesterday disagreed with President Muhammadu Buhari’s comment that the rule of law must be subject to the supremacy of the national security and interest, adding that executive arm of government cannot sit in judgment over courts’
decisions. The lawyers including the former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), its President-elect, Mr. Paul Usoro (SAN), Mr. Sebastine Hon (SAN), Mr. Ahmed Raji (SAN) and Chief Mike Ozekhome (SAN) said the comment was misplaced. Buhari had while addressing Continued on page 6
As GDP Declines, Analysts Call for Policies to Stimulate Growth
FG encouraged by non-oil sector growth, says Udoma Iyobosa Uwugiaren and James Emejo in Abuja Following the Gross Domestic Product (GDP) figures released yesterday, which showed that Nigeria’s growth rate slowed to 1.50 percent (year-on-year) in the second quarter of the
year (Q2, 2018) compared to the 1.95 per cent rate recorded in the preceding quarter, some economists and financial market operators have stressed the need for policies that will stimulate economic recovery. Continued on page 8
Theresa May Visits Nigeria Tomorrow as Trade with Britain Grows... Page 10
TIME TO GO HOME... President Muhammadu Buhari (right) with outgoing Ambassador of Denmark, Mr. Torben Gettermann, during the ambassador’s farewell visit to the State House, Abuja... yesterday state house
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Presidency, US Embassy Silent on Trump’s Comment on Buhari President fit and lively, says media organ Iyobosa Uwugiaren, Omololu Ogunmade and Adedayo Akinwale in Abuja The Presidency and the United States Embassy in Abuja have refused to respond to a report in the Financial Times (FT) of London, where US President, Donald Trump, was reported to have described President Muhammadu Buhari as lifeless. Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, told THISDAY yesterday that the presidency would not react to such a comment. Also, the Ministry of Foreign Affairs failed to respond to THISDAY's call and text messages, seeking the federal government’s position on the report. The Minister of Foreign Affairs, Geoffrey Onyeama, did not pick his call or respond to the text message sent to him. The Ministry’s spokesperson, Dr. Tope Elias-Fatile, also did not reply his text message. The FT while reporting the planned meeting between Trump and his Kenya's counterpart, Mr. Uhuru Kenyatta, billed for
Monday, reported that Trump, after meeting with Buhari last April, the first with any African leader, told his aides that he never wanted to meet someone so lifeless again. The Monday meeting, which according to the report, is part of efforts by the Trump administration to foster stronger ties with Africa, it is hoped, would end US neglect of the continent. Already, the White House said Uhuru Kenyatta's Kenya was one of closest US security and trade partners in Africa. "Donald Trump will welcome Kenya’s Uhuru Kenyatta to the White House on Monday for what will be only the second one-on-one meeting the US president has held with a subSaharan African leader since he took office last year’,’ the FT reported, adding, "The first meeting, with Nigeria’s ailing 75-year-old Muhammadu Buhari in April, ended with the US president telling aides he never wanted to meet someone so lifeless again, according to three people familiar with the matter." However, when contacted, officials of the embassy in Abuja
declined comments on the issue. Calls to the spokesperson at the embassy, Russell Brooks, were not answered and another staff at the embassy who pleaded anonymity refused to also say anything. On the Kenya's president visit, the report said advocates of closer US-Africa ties hope the encounter with the much younger Kenyatta, 56, "will breathe fresh life into a relationship with a region that Washington is seen to have neglected as other countries, notably China, develop ever-closer trade and investment ties with the continent." It added, “Africa has never been high on his radar but if the big guy likes you he’ll find a way to make things work.” Trump is widely criticised for not having an Africa policy. So it’s in his interest to have something from [meeting Kenyatta] he can present as a win.
President Fit and Lively, Says Media Organ But the Buhari Media Organisation (BMO) yesterday said the president would not be
distracted by the derogatory remarks credited to President Trump, but will remain focused on his mandate to deliver on his promises to the Nigerian people. While describing Trump’s comment as disrespectful, the Chairman of the group, Mr. Niyi Akinsiju, and Secretary, Mr.Cassidy Maduekwe, said in a statement that whether it was indeed said or in fact unsaid, Buhari would in his character continue to remain focused on his mandate to deliver on his promises to the Nigerian people. The group said that “President Buhari is fit and capable to run for the 2019 elections and oversee the affairs of the country for four more years, President Trump’s hate speech notwithstanding.” They stressed that this was not the first time the US President was heard to make such derogatory remarks about World leaders, and thus Buhari would not be distracted by such. They said: “We are aware that President Trump’s disrespect for World Leaders is not new; his comments on Canada’s Prime Minister, Justin Trudeau, calling him ‘meek and mild’;
his reference to Germany’s leader, Angela Merkel’s actions as ‘insane’, or his outlandish Tweet at the UK’s Theresa May, and more recently, the alleged remarks he made after meeting President Buhari.” Commenting on the development, the Peoples Democratic Party (PDP) said yesterday that Buhari and his handlers had opened the nation up for international ridicule. The National Publicity Secretary of PDP, Mr. Kola Ologbondiyan, in a statement in Abuja on Monday said such embarrassment is what a nation gets when ‘’incompetent leaders, out of inferiority complex, resort to jumping around the world,’’ desperately shopping for endorsement from world leaders. The party said Buhari had been seeking international recognitions that were not predicated on any achievements from his three years in office. It charged the president to take a cue from Trump’s comment by settling down at home and discharge his responsibilities to Nigerians and humbly accept his failure.
According to the opposition party, ‘’While the PDP has strong reservations on the reported comment by President Trump, for which we demand a response from the Buhari Presidency and the US White House, the party further holds that had our dear President not cheapened the exalted office of the President of the Federal Republic of Nigeria by his woeful outing during his visit to the United States, President Trump would not have had the opportunity to assess his level of incompetence and make such an embarrassing statement about our President.” In its comment, the Coalition of United Political Parties (CUPP) said Trump’s comment was an affirmation of the widely held beliefs that Nigeria was running on autopilot and in danger of being thrown off the cliff by the crass incompetence of Buhari. The national spokesman of CUPP, Mr. Ikenga Ugochinyere, described the statement by Trump as the last awakening call for Nigerians to go and collect their PVC's to enable them elect a President in 2019 who understands what the issues are.
of law, then the rule of thumb takes place", he said. He said the president’s position was wrong as it was aimed at justifying his administration's blatant refusal to obey orders of court particularly on Dasuki and El-Zakzaky. While he noted that Dasuki was being tried in relation to alleged diversion of government funds to the tune of N2.1bn, Ozekhome however, submitted that one of the height of corruption was the disregard and disobedience of the rule of law and the constitution by those who swore on oath to uphold it. "It is the height of corruption for the president who has taken the oath of office to wilfully violate his oath of office and the provision of the constitution when the constitution provides that any law that is at variance with the constitution shall be null and void," he said.
human rights committed under his rule in the last three years. The party added, ‘’It is instructive to note that contrary to claims by Mr. President, there is no pronouncement by the Supreme Court that subjugates constitutional rule of law and rights of citizens to the whims, caprices and dictatorial impulses of any president. ‘’Our national interest is thoroughly embedded, protected, expressed and enforced only under the rule of law as provided by our constitution and there is no how Nigerians can allow an individual to superimpose or override the constitution with his personal whims and impulses; a pattern that is characteristic of known dictators all over the world, as expressed in the obnoxious Executive Order 6, designed to justify a complete clamp down of political opponents ahead of 2019 general election.’’
RULE OF LAW SUPERIOR TO NATIONAL SECURITY, INTEREST, LAWYERS TELL BUHARI the opening ceremony of the 2018 Annual General Conference of the Nigerian Bar Association (NBA) in Abuja on Sunday said the security of the country could not be sacrificed on the altar of the rule of law, where national interest was threatened. According to the president, the “Rule of law must be subject to the supremacy of the nation’s security and national interest. “Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place, in favour of the greater good of the society.” But the learned silks stated that under the 1999 Constitution as amended, the executive could not sit in judgment over court's decisions while hiding under national security and interest. They warned that anything less than this would amount to taking "a leap into the bottomless and eternally regrettable abyss of dictatorship." Agbakoba said there was no way the rule of law would be subject to national security. He described Buhari’s assertion as an “extremely dangerous statement to have been made.” The former NBA president said Buhari quoted the judgment of the Supreme Court out of context, adding that the president misconstrued national security for the laws limiting civil liberties. “It was an extremely dangerous statement to have been made. His remarks contradicted the judgement of the Supreme Court. He quoted the judgement out of context and misconstrued it for the limiting civil liberties,” Agbakoba said. The President-elect of the NBA, Mr. Paul Usoro (SAN), also disagreed with the position of the president. Usoro stated that what the president was referring to was fundamental human rights not rule of law, contending that rule of law was the ultimate and far supreme and superior to national security.
He said, “I am sure that what the president was talking about was fundamental human rights and not rule of law. “Rule of law is supreme, that is what the constitution stands for. It is superior. “When fundamental human rights clashes with national security, latter takes preeminence. The same cannot be said of the rule of law. When the rule of law clashes with national security, it must bow to rule of law.” On the president’s reference to the decision of the Supreme Court where he said it upheld national security over the rule of law, again, Usoro faulted the president, saying he was perhaps referring to fundamental human right and not the rule of law. The NBA president-elect further argued that even in cases of fundamental human rights, it was not absolute to subject them to national security, saying that it depends on the facts and evidence before the court. He added that decisions of courts on issues before them are different, depending on the facts and evidence presented. Mr. Ahmed Raji, (SAN), who is counsel to Sambo Dasuki, a former National Security Adviser to former President Goodluck Jonathan also disagreed with Buhari. Suffice to state that the Buhari-led administration has repeatedly refused to honour judgements granting bail to Dasuki pending his trial for various offence before both the Federal High Court and the Abuja High Court. In his response, Raji said, "First, I am too small to join words with the President whom I greatly respect both in his personal and official capacities. He means well. "I am, however, unaware of any decision of any court in the land, which says rule of law must be subject to nation's security and national interests. "The questions that will follow will include, who determines security and national interest? If it is the courts then once an order is made and it is not appealed, then it must be complied with. "There cannot and indeed there is no concept known as executive review of judicial decision.
"Rule of law is an allencompassing concept, which is the bedrock of law and order in a society. Both security and national interests are under and are as defined by rule of law. "As rightly said in the famous case of Liversidge vs Anderson, in war and in peace the language of the law remains the same. Certainty of the law is in the interest of all." He asked the Almighty Allah to continue to guide and direct "our leaders most especially our cherished president and his highly appreciated/respected deputy in this difficult time." Author of many books on the Nigerian constitution, Chief Sebastine Hon (SAN), also disagreed with the president. He said, "The president's assertion, extracted from Asari Dokubo vs. Federal Republic of Nigeria, is not entirely correct. "The Supreme Court refused bail in that case because it saw the Niger Delta uprising as threat to national security." He stated that except for the Boko Haram insurgency and the Fulani herdsmen attacks, Nigeria was not facing any security challenge of that scale. "So, that statement should, under the circumstances, apply to these and not to innocent Nigerians," he said. Continuing, Hon added that, "But even then, the due process of the law, as was in the Asari Dokubo matter, where it was the judiciary that took charge, must be followed." According to him, Section 45 of the Constitution, which has abridged human rights, is limited to the rights guaranteed in sections 37 (right to privacy); 38 (right to freedom of religion); 39 (right to freedom of the press); 40 (right to freedom of association); and 41 (right to freedom of movement). He said, "No other fundamental right has been so abridged; and even for those ones curtailed, due process of the law must be followed. "In other words, even those rights cannot be tempered with, except as, and to the extent, permitted by law and due process. Due process here includes interrogating executive and even legislative actions in courts of law, to weigh whether or not such actions are in conformity with set down rules
and the constitution itself. "Can you see how our democracy works? So, those who say 'the judiciary is the last hope of the common man' are not far from the truth." Human rights lawyer, Mr. Ebun-Olu Adegboruwa, stated that national security cannot override the rule of law, arguing that it would be a great set-back for democracy and national development. Adegboruwa posited that while the rule of law can be defined, is basic, predictable and even subject to review or helps to predict and govern human conduct, national security has no definition and limit, and panders to individual discretion. He stated that for the president to postulate that national security should override rule of law consideration might unwittingly portray him as harbouring dictatorial intentions. He said, “National security has no definition, it has no limit; it is amorphous and panders to individual discretion. It is the rule of the executive arm of government alone, being the one responsible for policy implementation and the determination of security imperatives. “National security is the rule and decision of individuals, such as the Inspector-General of Police or the Commander-in-Chief. Such rules are always subject to manifest abuses, especially in respect of opposition politics. That has been the experience in Nigeria. “On the other hand, the rule of law is defined, basic, predictable and even subject to review; it helps to predict and govern human conduct. The rule of law limits and interpose upon the rule of self all forms of arbitrariness and is thus preferable to the whims and caprices of individuals. “It is a dangerous proposition as we approach 2019. Taken to its proper interpretation, it may be taken to be an advance notice to the people of Nigeria, to brace up for likely threats to their rights and liberties, in the coming days.” Also speaking, Chief Mike Ozekhome (SAN), insisted that any attempt to subject rule of law to national interest or security is an invitation to anarchy. "Once you subvert the rule
PDP Reacts The Peoples Democratic Party (PDP) also joined the fray yesterday, saying the president’s position was strange to the nation’s laws, and was completely unacceptable. The party said the assertion is a direct trademark of a ‘’despotic ruler’’ and as such could not find expression or accommodation in a democratic setting of the contemporary nation like Nigeria. The PDP expressed readiness to rally Nigerians to reject every attempt by Buhari and the All Progressives Congress (APC) to introduce the long forgotten trappings of military dictatorship into the democratic rule, which Nigerians laboured for many years to attain. The party further stated that it would not stop at anything legitimate to ensure that the International Criminal Court (ICC) holds the president responsible for violations of rule of law and criminal abuse of
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CORRIGENDUM In a story, ‘Baroness Walker Canvansses Policy on Education for Nation-building,’ published on page 33 of our August 22, 2018 edition, we inadvertently referred to the President of the Royal Geographical Society, Baroness Lynda Chalker as Baroness Lynda Walker. The error is highly regretted as we apologise for any embarrassment it might have caused Baroness Chalker.. - Editor
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T H I S D AY ˾ TUESDAY AUGUST 28, 2018
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8
NEWS NIGERIA CHANGING FOR THE BETTER, FAILED ELITES HAVE EVERY REASON TO BE TERRIFIED many of those on the front line and those they should have had the means to protect were killed. These were all problems that this administration inherited, in many cases from some of those now seeking to return to power. Take the economy. In the boom years for oil in 200015, almost nothing was saved and almost nothing invested. We did not even pay our cash calls to our partners. So, when the oil price crashed in 2016, we had no spare capacity to boost production, we had no buffer to limit the shock and no emerging industries to take up the slack. As a result, there were difficult choices. But we chose to focus on agriculture and revive the fertilizer industry, which in turn helped provide millions of jobs in rural areas, take the pressure of our cities and bring down our food import bill. We also made it a priority for government to pay cash calls and to become a reliable partner in the one industry that generates exports. On security, we called
time on the licensed protection rackets in the Niger Delta and now have a sustainable peace. In east, the siren calls of doom have been silenced. Violent extremists fleeing Iraq and Syria may be attracted to Nigeria, but we have reduced their capacity to that of a terror group that looks to steal and even blow up our children. Age-old tensions between farmers and herders, fuelled by the irresponsible establishment of unregulated militias, is being brought under control and long-term strategies for sustainable livestock and agricultural policies are being implemented. There was pain. The legacy of corruption and incompetence on the part of some of those then in office who now criticise us made that inevitable. They dismiss real achievements and cold, hard data in favour of orchestrated campaigns to fuel sectarian division and social upheaval. But look at other high population density oil producers like Iran or Venezuela and see the kind of fate from which
we have been saved by the choices this government made. The cult of Nigerian exceptionalism, the idea that nothing happens anywhere else in the world like it does here, does not stand up. We are where we are because of how previous governments have managed Nigeria. This government, the first to be genuinely elected with a real mandate, is delivering for the many, the only basis to strengthen our common wealth. People are impatient and suspicious of government. After all the years of failure, they have every reason to be. In 1950, when our population was just 25 million, a government Economic Survey noted that “power is expensive, and labour relatively inefficient; these factors are likely to limit severely the possibilities of any large expansion of manufacturing industries for some time to come.” As President Buhari said, “Where is the power?” But where others talked and shared out contracts, we are delivering on infrastructure, the building
blocks for sustainable economic growth. Finally, there is progress towards Mambila, a hydroelectric dam that will add 3,050MW to the national grid – more than 50 per cent of our current generating capacity - will transform not only the eastern Middle Belt but the rest of the country beyond. At the other end of the spectrum, a dozen solar farm projects will change local communities across the country. Key transport arteries are being renewed after generations of neglect. Financing is now in place for the Second Niger Bridge, a critical economic asset and a symbol of national unity, and for the congested death traps also known as the Lagos-Ibadan and AbujaKano highways. Railways forgotten for decades are up and running, easing pressure from travellers and freight on our roads. Cosy cartels at our ports have been broken. Our telephone companies are no longer a law unto themselves. Banks can no longer make a fortune out of sitting on government
funds – your money. There are no quick fixes to our condition. Effecting real change is unglamorous, painstaking and difficult. It does not immediately grab headlines or always yield instant results. It does not help that vested interests, looking to hang on to undeserved privileges, throw road block in the way. There is a minority that does not want change. Of course, they cannot openly say so, and instead claim to be critics of the very progress we are making that they have tried to thwart, and concoct crude fantasies of communal violence for which they blame government. Or complain about the slow pace of government when they have fought tooth and nail to delay, distort or dilute change. Transition is unsettling. It is in the nature of the journey that we do not fully appreciate the destination until we reach it. But the deliverables are already there, and stacking up. Just because we have every right to be cautious of what our governments tell us does not mean we need to
believe all the disingenuous or ill-informed messages we receive on our phones, often from anonymous forces with an agenda. Nigeria has reached a defining moment. We have come a long way. The old order is terrified and will employ all the old tricks and new to pretend that this is not the case, and that instead it is they who have the solutions, when all too often they have been the problem. The current buzz in the communications industry is that elections are won on emotions, not policies or track record. But let us look at the facts, and the alternative - of a return to tried, tested, failed. Let’s not be fooled by the packaging, no matter how slick the meme, the post, the advert, and instead look closely at what is inside. Like Nigeria, government is not easy. But if we are to have better, more stable and prosperous future, we have no choice but to move forward.
was happy to see that the Nigerian economy had continued to register positive growth in the first and second quarters of the year in spite of the security and other challenges faced by the country. He emphasised that the focus of the ERGP is on diversifying the economy away from dependence on the oil and gas sector and was encouraged that efforts are yielding fruits by the continuing growth in the non-oil sector. The minister noted that this 2.05 per cent growth in the non-oil sector represents the strongest growth in the non-oil GDP since the fourth quarter of 2015. However, the minister decried the fact that there was a slight drop in real GDP growth rate for the second quarter principally as a result of the contraction in the oil sector. “The oil and gas sector contracted by -3.95 per cent in the second quarter of 2018 compared to a growth rate of 14.77 per cent recorded in the first quarter of 2018 and 3.53 per cent in the corresponding period in 2017,” Udoma stated. However, the minister noted that the contraction in the crude oil and gas sectors was attributable to some production issues which are being addressed by NNPC. The minister added, “For instance, average crude oil production was only 1.84 million barrels a day in Q2 2018 as opposed to an average production of two million barrels a day in Q1 2018.” He was optimistic that once these issues are addressed the nation should be able to, once more, achieve positive growth in the oil and gas sector, emphasising that the Nigerian economy needs growth from both the oil, as well as the non-oil sectors, to achieve its ERGP growth
targets. “Another area of concern for government was the slightly weaker growth in the agriculture sector which slowed to 1.19 per cent in the second quarter in 2018 compared to three per cent in the first quarter of 2018. This is partly attributable to security challenges mainly in the North-east and North-central zones,” he explained. He further stated that the security challenge affected activities of farmers with the resultant impact on commodity output, indicating that the various measures being taken by government to tackle the situation is already reducing incidents of violent conflicts and other disruptions to farming activity. The minister said he expected to see a rebound in growth in the agriculture sector in subsequent quarters, saying he was also pleased to see that industry has continued to maintain a positive growth rate as a result of the performance of manufacturing and solid minerals which retained positive growth of 0.68 per cent and 5.24 per cent respectively in the second quarter of 2018. “The total value of capital importation into Nigeria stood at $ 5.5 billion in the second quarter of 2018, representing a 207.62 per cent increase compared to the second quarter of 2017.” While capital importation declined slightly in the second quarter of 2018, the total for the first half of 2018 at $11.8 billion represented the highest half year capital importation since 2014, indicating increasing confidence in the Nigerian economy, he pointed out. He was optimistic that as federal government intensifies its activities in the implementation of the ERGP, the economy would sustain the growth momentum.
t,ZBSJ JT $IJFG PG 4UBGG UP 1SFTJEFOU .VIBNNBEV #VIBSJ
AS GDP DECLINES, ANALYSTS CALL FOR POLICIES TO STIMULATE GROWTH The GDP figures were released by the National Bureau of Statistics (NBS). This is just as the Minister of Budget and National Planning, Senator Udoma Udo Udoma, said that the federal government was encouraged by the continuing growth recorded in the non-oil sector. According to the latest GDP figures, while real GDP stood at N16.58 trillion, nominal GDP was estimated at N30.69 trillion in the period under review. The non-oil sector grew by 2.05 per cent in real terms during the period under review. This represented 1.60 per cent points increase compared to the rate recorded for the same quarter in 2017, and 1.29 per cent points over the first quarter of 2018. The non-oil sector was mainly driven by information and communication services. Other notable drivers included construction, agriculture, transportation and storage and other services. In real terms, the non-oil sector contributed 91.45 per cent to the nation’s GDP, compared to 90.96 per cent recorded in Q2 2017 and 90.39 per cent recorded in the preceding quarter. On a quarter-on-quarter basis, real GDP growth rate however stood at 2.94 per cent. Though, the rate of growth in Q2 was 0.79 percentage points higher than the 0.72 percentage points recorded in Q2, 2017, it was nonetheless -0.45 percentage points slower than the Q1, 2018 estimates. Aggregate GDP in the period under review stood at N30.69 trillion in nominal terms- representing an increase of 7.85 per cent when compared to N28.46 trillion increase in the first quarter (Q1,2018) and N27.03 trillion or 13.57 per
cent increase in Q2, 2017. According to the NBS, growth in Q2 was buoyed by the strongest positive growth in the non-oil sector since 2016- adding however, that the relatively slower growth when compared to Q1 2018 and Q2 2017 was largely due to developments in both the oil and non-oil sectors. Notably, in the oil sector, average daily production slowed to 1.84 million barrels per day (mbpd) in Q2 compared to 2.0 mbpd in Q1 as well as lower than the 1.87 mbpd in Q2, 2017. The statistical agency further put the real growth in the oil sector within the review period stood at -3.95 percent, indicating a decrease in growth by -18.72 percentage points when compared to Q1- as well as -7.48 percentage points decrease when compared to Q2, 2017. However, quarter-onquarter, the oil sector recorded a growth rate of -8.34 percent in Q2 and contributed 8.55 per cent to total real GDP- although these figures were lower than the 9.61 per cent share in the previous quarter as well as 9.04 per cent in the corresponding quarter of 2017. The NBS stated that "the developments in the oil sector occurred at the same time as crude price (Brent) has maintained steady rise from $65.32 per barrel in January, reaching $76.98 in May, before falling slightly to $74.4 per barrel in June." Also, industries and services contributed 23.18 per cent and 53.97 per cent to real GDP. The Mining and Quarrying sector contributed 12.32 per cent to real GDP while manufacturing contributed 9.29 per cent. Electricity, Gas, Steam and Air-conditioning Supply also contributed 0.47 per cent to GDP growth in Q2.
Analysts React Speaking on the GDP figures, the Chief Executive Officer, Financial Derivatives Company Limited, Mr. Bismarck Rewane said the numbers were not good at all. He said, “It just shows that there is a time lag between when you take a decision and when you feel the impact. So, it’s time to do some work on interest rate, on policy incentives and others. The good news is that the oil sector got us up and oil has taken us down, so we need to focus on the oil production numbers. “We need to focus on agriculture as the herdsmen clashes is taking its toll on the economy.” On his part, former Managing Director of Unity Bank Plc, Dr. Mohammed Rislanudeen, said the country's slow growth after its exit from recession was largely due to the fact the federal government’s diversification programme was yet to be actualised. He told THISDAY, "Our exit from recession and beginning of growth trajectory from mid-2017 was largely driven by oil sector recovery, hence slow, epileptic growth. After the exit from recession, the economic trajectory has been showing positive signs albeit shaky growth rate. The fourth quarter 2017 GDP growth rate was 2.11 per cent, while we had a contraction to 1.95 per cent in the first quarter of 2018, down to 1.5 per cent in second quarter of 2018. "While inflation is going down, foreign reserves growth is also shaking due in part to pre-election slowdown in foreign portfolio investment. Our diversification efforts as encapsulated in the economic recovery and growth plan is yet to be actualised while we remain susceptible to vagaries of
oil price/ output shocks just as unemployment rate at 18.8 per cent is yet to be subdued. "The decline in the oil sector growth was partly due to lower oil production levels with output averaging in 1.84 million barrels per day in second quarter of 2018 against two million barrels per day in first quarter of 2018.” According to the former bank chief, "Improved GDP growth in third and fourth quarters of 2018 will depend on increased government spending especially the capital aspect of the 2018 budget. “Election spending will also be a determinant for improved growth in the non-oil sector especially trade and manufacturing sectors. “Government need to also initiate incentive measures to support food production and food security, given the farmers/ herdsmen disruptions in the core food producing areas of the north and hence reduce the food inflationary risk. "At the risk of being pessimistic, policies like the recent Central Bank of Nigeria initiated real sector support facility, leveraging on banks’ cash reserve requirements might not achieve the strategic objective of stimulating growth and improved GDP, due in large part, to low risk appetite to lending to that sector by the banks."
FG Foresees Bright Prospects But Minister of Budget and National Planning, Udoma, in a statement by his media adviser, Mr. James Akpandem, said it was evident that the implementation of the targeted policies and programmes of the Economic Recovery and Growth Plan (ERGP) were yielding positive results. The minister said he
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Theresa May Visits Nigeria Tomorrow as Trade with Britain Grows Vincent Obia Ă“Ă˜ Ă‹Ă‘Ă™Ă? Ă‹Ă˜ĂŽ Alex Enumah Ă“Ă˜ ĂŒĂ&#x;ÔË In her first Africa visit since coming to office, British Prime Minister Theresa May will lead senior ministers and a wide-ranging trade delegation to Nigeria, South Africa and Kenya this week, the Prime Minister’s Office stated in a statement yesterday. With the visit, May will be the first British Prime Minister to visit sub-Saharan Africa since 2013, and the first to go to Kenya for more than 30 years. The statement said, “This visit comes at a time of enormous change across Africa with a unique opportunity, as the UK moves towards Brexit, for a truly Global Britain to invest in and work alongside African nations, with mutual benefits. “The prime minister’s central message will be focused on a renewed partnership between the UK and Africa, which will seek to maximise shared opportunities and tackle common challenges in a continent that is growing at a rapid pace – from the Sahara to South Africa. “She will use a speech on the opening day of the visit in Cape Town to set out how we can build this partnership side by side with Africa, particularly by bringing the transformative power of private sector trade and investment from the UK to a continent that is home to 16 per cent of the world’s people but just three per cent of FDI and three per cent of global goods trade.â€? The statement said the prime minister would also use the visit to announce further security support to tackle instability across the region. May said regarding the visit, “Africa stands right on the cusp of playing a transformative role in the global economy, and as longstanding partners this trip is a unique opportunity at a unique time for the UK to set out our ambition to work even closer together. “A more prosperous, growing and trading Africa is in all of our
interests and its incredible potential will only be realised through a concerted partnership between governments, global institutions and business. “As we prepare to leave the European Union, now is the time for the UK to deepen and strengthen its global partnerships. This week I am looking forward to discussing how we can do that alongside Africa to help deliver important investment and jobs as well as continue to work together to maintain stability and security. “I am proud to be leading this ambitious trip to Africa and to become the first UK Prime Minister in over 30 years to visit Kenya.� In Nigeria, May will meet President Muhammadu Buhari in Abuja and spend time in Lagos meeting victims of modern slavery, an issue the prime minister is passionately to tackle. The prime minister will be joined by a business delegation of about 29 representatives from the UK business community, half of which are SMEs, from across all regions of the UK and its devolved administrations. Delegates will include representatives of the London Stock Exchange, Cardiff-based cooling technology firm, Sure Chill, solar tech provider, Northumbria Energy from North Tyneside, London-based start-up, Farm.ink which have created a knowledge-sharing mobile platform for farmers, Northern Irish agri-tech leader Devenish Nutrition, the world-renowned Scotch Whisky Association and Midlands manufacturing giant, JCB. “Also travelling are Trade Minister George Hollingbery and Minister for Africa Harriett Baldwin. Secretary of State for Wales Alun Cairns will join the visit in South Africa to support the Welsh companies in the business delegation, while the Lord Mayor of London Charles Bowman is also accompanying the Prime Minister. “The prime minister will begin her trip in Cape Town in South Africa where she’ll see President Cyril Ramaphosa and meet young
No Basis for Debate with PDP, APC Replies Party Onyebuchi Ezigbo Ă“Ă˜ ĂŒĂ&#x;ÔË The All Progressives Congress (APC) has described the challenge posed by the Peoples Democratic Party (PDP), for a national debate on good governance as incredible and laughable. PDP had challenged the ruling party and President Muhammadu Buhari to a public debate on good governance ahead of the 2019 elections. However, in a statement issued by the acting National Publicity Secretary, Yekini Nabene, APC said a party that supervised several atrocities too numerous to mention, cannot be in a position to debate on good governance. “We view this request by the PDP as another laughable example of the PDP’s selective amnesia on the 16 years of locust
it wrecked on Nigeria during its defunct rule,� APC said. The ruling party added that the PDP needs to be reminded of the reason why Nigerians voted it out unanimously in 2015 to give way to a progressive administration, which is rebuilding the country in all facets from the foundation. APC said the PDP is synonymous with impunity, institutionalised corruption, adding that the main opposition party has been accused of “diversion of counter-insurgency votes to political cronies and funding of political activities, illegal purchase of bullet-proof SUVs, limousines and private jet shindigs for ministers at public expense; non-remittance of $20 billion oil revenue; among other atrocities too numerous to mention, cannot be in a position to debate on good governance�
people and business leaders,� the statement added. While in South Africa the Prime Minister will present the Mendi bell to President Ramaphosa in a ceremony at Cape Town’s presidential office the Tuynhuys – over a century after it was lost in a shipwreck. Over 600 troops, the majority
black South Africans, died when the Mendi tragically sank in the English Channel in 1917, on their way to join the Allied forces on the Western Front. It was the worst maritime disaster in South Africa’s history, and the Mendi has become a symbol of the country’s First World War remembrance.
In Nairobi, she will meet President Uhuru Kenyatta and see British soldiers training troops from Kenya and other African countries in the techniques needed to identify and destroy improvised explosive devices before they go to fight Al-Shabaab in Somalia. She will also commit to helping
support the next generation of energetic, ambitious young Kenyans as they seek to build a more prosperous country in the years ahead. Speaking in Abuja, the British High Commissioner to Nigeria,
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THANKSGIVING SERVICE
L-R: Delta State Governor, Senator Ifeanyi Okowa; his wife, Dame Edith and Deputy Governor, Mr. Kingsley Otuaro, during the interdenominational thanksgiving service, to mark the 27th anniversary of Delta State, in Government House Chapel, Asaba...recently
Free Me from Captivity, Leah Sharibu Begs Buhari Father says no indications for her release Omololu Ogunmade Ă“Ă˜ ĂŒĂ&#x;ÔË Ă‹Ă˜ĂŽ Chinedu Eze åÓÞÒ Ă‹Ă‘Ă?Ă˜Ă?ĂŁ ĂœĂ?ĂšĂ™ĂœĂž Leah Sharibu has asked President Muhammadu Buhari to have pity on her and set her free from captivity. Miss Sharibu, who made audio call in Hausa language, is the only Christian among the abducted 119 students of Government Girls Secondary School, Dapchi, Yobe State kidnapped seven months ago. To confirm she was still alive amid fears of her death, a major online newspaper, The Cable obtained her latest picture and the audio where she made the plea for her freedom. Her father, Nathaniel Sharibu, also spoke to Arise TV and called on the federal government to intensify efforts to free her daughter. Leah, who was kidnapped in February, also appealed that her family members be assisted. “I am Leah Sharibu, the girl that was abducted in GGSS Dapchi. I am calling on the government and people of goodwill to intervene to get me out of my current situation,â€? she said. “I also plead with the members of the public to help my mother, my father, my younger brother and
relatives. Kindly help me out of my predicament. I am begging you to treat me with compassion, I am calling on the government, particularly, the president to pity me and get me out of this serious situation. Thank you.� Leah’s father told Arise TV that he was confident that if the federal government intensifies efforts his daughter would be released. He said neither government nor anyone else has contacted him or any other member of the family on any plan to release her daughter from captivity. Sharibu who thanked all those that have supported his family and campaigned for Leah’s release, also called on Nigerians to continue to mount pressure on the government so that his daughter would be released. “We appeal to the federal government to intensify effort to release our girl for us. We appeal to the whole nation to mount pressure on them to release her for us. “Nothing is being done that I know of. I don’t know of any plan to release her. What I know is what I get from the media. Nobody has contacted me concerning her release. “We feel very, very said about her continued detention. We don’t know
Presidency: DSS Analysing audio recording what to do and we are pained about her captivity. I feel very grateful on the efforts Nigerians are making to see she is released,� Mr. Sharibu said. The girls were captured by the Islamic State West Africa Province (ISWAP), a breakaway faction of Boko Haram. All the girls who were captured were subsequently released, except five who reportedly died in detention, but Sharibu was held back for “refusing to renounce her faith.� She has been kept in captivity for seven months, sparking public outrage, but the federal government said she is making efforts to get her freed. In the picture made available to The Cable, Leah was clad in hijab, sewn from a light brown material and seated alone on a mat patterned in pink. According to reports, the confirmation that she is still alive might be an indication for renewal of negotiation for her release. Recently, the release of the girls sparked a controversy when the UN said a heavy ransom was paid but the Minister of Information, Lai Mohammed, insisted that no dime was given to the insurgents in
exchange for the release of the girls. Presidency: DSS Analysing Audio Recording Meanwhile, the presidency late yesterday said the Department of State Services (DSS) was analysing the audio recording by Leah Sharibu circulated by an online medium, appealing to President Buhari to pity her. In reaction to the audio tape, Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, on his Twitter handle, @Garshehu, said the “secret service� had begun to analyse the audio tape. According to Shehu, the president would ensure that all the girls yet in Boko Haram captivity are freed, disclosing that formal reaction would follow the outcome of the analysis. “We are aware of the audio in circulation concerning the unfortunate situation of our daughter, Leah Sharibu. “In dealing with terrorists, nothing is too trivial. The secret service is analysing the voice. “Our reaction will follow the outcome of the investigation. For President Buhari, nothing will be spared in bringing all our girls home. He will not rest until all of them are freed.�
FG Releases List of 69 Ongoing Projects in South-east The federal government has released a list of 69 ongoing projects in the south-east. The Minister of Information and Culture, Alhaji Lai Mohammed said the list was published in response to criticism by the South East Governors’ Forum. The forum had alleged that
there was poor and sectional implementation of capital projects in the region. But the minister disagreed, saying 69 roads and bridges spread across the five states in the South-east are now in different phases of completion. He added that some of the road projects lingered because
the previous administrations that awarded them did not release funds while others were poorly funded. Some of the projects in the list included the rehabilitation of the Niger Bridge and the construction of the second Niger Bridge, which would gulp over N680 billion. The minister added that funds were drawn from budgetary
allocations, the Sukuk bond and the presidential infrastructure development fund. “The government is also looking into the possibility of using a part of the recovered looted funds to fund the development of infrastructure across the country,� Mohammed said in a statement.
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Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
A PLEA FOR CHANGE
Atiku Abubakar has the leadership insight and discipline to build sustainable institutions, argues Deji O’Deji
S
ometime in 2015, Yola Electricity Distribution Company (YEDC) under the former management had invited our company to Yola to explore the possibility of a partnership for embedded generation to augment electricity supply from the national grid to their franchise area. And this began the first of many trips to Yola for me. After necessary assessment, the premises of American University of Nigeria offered significant advantage over other possible locations for the siting of what would have become the first 7.5MW Solar PV embedded generation in Nigeria. While it was unfortunate that the YEDC management then could not actualise the dream before declaring the force majeure, the unintended consequence for our firm was the opportunity to bid alongside other companies for what is still standing today as one of the biggest live solar PV projects in any Nigerian university. Several trips to Yola later with countless hours spent interacting with the community and executing the 120kVa project opened my eyes to how much lies has been sold to Nigerian about the man – Atiku Abubakar. Let me break it down for those who may still be wondering what I am talking about: to most average Nigerians, the name – Atiku Abubakar is synonymous with corruption! And the propaganda machine will always capitalise on the knowledge that most of us will never interrogate these lies, just like I didn’t for many years. I am not projecting Atiku as a saint, I’ve lived long enough in Nigeria to know that it’s impossible to make omelet without breaking some eggs. But let me just state facts as it is, there is no court of any jurisdiction including when “Baba” held sway that has ever convicted him of any crime. In his piece last week Olusegun Adeniyi as usual was spot on in the piece he titled Of Atiku and Other Deservationists”. I totally agree with him that it is a misnomer and an aberration of all that is sensible to ever think that public offices are a reward or a deserved right, but he completely echoed my mind when he said “…Yes, I am one of those who believe that in terms of experience and exposure, Atiku is perhaps the most prepared of all the aspirants for the number one job in the country today”! Before I go any further let me state that I have never received any personal gratification from Atiku Abubakar (by the way, we competed and won the bid for the project fair and square without meeting member of the school management). Having set forth the background as I have done, let me now take time to list the major reasons why I believe candidate Atiku Abubakar is not just the most prepared and most qualified to get my vote and not the Peoples Democratic Party. The landscape of Nigeria now is vastly different from the Nigeria of 2014/15. While many of us were incensed by the profligate years of Goodluck Jonathan that we turned a blind eye to some warning signals about the then candidate Muhammadu Buhari, the situation in Nigeria today has pushed us to a position whereby one of the major criteria for whoever wants to be President of Nigeria in 2019 should be a candidate who is absolutely committed to the Nigeria project enough to appreciate the need for equity, fairness and justice among all the federating units. A pan-Nigerian believer who will inspire hope, trust and mutual respect between the tribes and religions! The ethnocentrism within our nation today has set a dangerous precedence that’s further frayed the fabric of our national unity in a way that is already significantly
WHOEVER WANTS TO BE PRESIDENT OF NIGERIA IN 2019 SHOULD BE A CANDIDATE WHO IS ABSOLUTELY COMMITTED TO THE NIGERIA PROJECT ENOUGH TO APPRECIATE THE NEED FOR EQUITY, FAIRNESS AND JUSTICE AMONG ALL THE FEDERATING UNITS
colouring the perception of the next generation and one way to arrest this anomaly is to elect a leader who fundamentally at his core loves and believe in people without seeing race or tribe or even religion. I can tell you for a fact that Atiku Abubakar represents all that and more. While it may be easy to attribute his call for restructuring as political platitude or populist appeal, an objective assessment of the man who as a young custom officer of 25, married a “Yoruba girl” and an Igbo woman much later in life is definitely racial blind. When you review his core team either in business, or even while he was serving as the Vice-President you will see a man that does not see ethnic or religious difference but rather see people and competence! Aside from having Bishop Matthew Kukah and Bishop Desmond Tutu on the Board of AUN, I am aware that there is no purpose-built mosque within the American University of Nigeria. When AUN was founded in 2005 Atiku Abubakar was still the vice-president, which means he could have acquired as many acreage of lands as needed in Abuja to build not the only American University in Nigeria or even leverage his influence to get choice property in Lagos for the university. But understanding the power leveraged investment and the direct impact on his immediate constituency, AUN and Atiku Abubakar’s many other businesses including a fully automated beverage company within the state which at about $500m, creating about 50,000 direct jobs but about 250,000 indirect jobs. To break it down, because of the university, a printing press that can print top quality materials, a properly managed hotel, etc., had to be built to serve the university. But none of these exemplify the indirect jobs like the Use me cabs that has provided jobs and decent income to families that would have otherwise been impoverished. According to Wikipedia, Adamawa’s State GDP is valued at US$4.582billion which means the Waziri Adamawa alone is contributing over 10% of the state’s gross domestic product! For those who will be quick to say – big deal after all it was our money, please point out what all the others who once superintend over our national resources have done to benefit their people. Therefore my second reason why Atiku Abubakar and not PDP will have my vote is because next to security of life – economy and the standard of living is a close second issue of national importance! The third reason why Atiku Abubakar stands head and shoulder above other candidates in the forth-coming 2019 election is because we have very weak national institutions. It is a known fact that the rot in our system has created scenarios whereby office holders are loyal not to the system or the constitutions they promised to uphold. Therefore it is important to elect a man who as a private citizen has a towering reputation of inspiring confidence, loyalty and followership in the military, judiciary, civil service, etc. But beyond this, he has the leadership insight and discipline to build sustainable institutions. I am convinced that a vote for the former vice-president will ensure that in the next few years, our civil service, police, judiciary and even the military will be restored back to the glorious days when citizens serve with pride for the fatherland and not for pecuniary pleasure. dejiodeji@gmail.com
A DESERVING ROLE MODEL
Odein Ajumogobia pays tribute Emmanuel Egbogah, academic and former Presidential Adviser on Petroleum Matters
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r Emmanuel Egbogah was buried in his home town Umuokpu Awka on 17 August 2018. My wife, Awuneba and I after attending the moving service of songs held at Harbour Point in Lagos a few days before, resolved to pay our last respects to this distinguished and accomplished gentleman by attending the Service of Songs at Umuokpu Awka on 16 August, where l had hoped that l would have an opportunity to say a few words, and his funeral the next day. Unfortunately that was not to be. I therefore decided to write this tribute for the benefit of his devoted wife, Mrs Chirota Egbogah, his three accomplished children, Emeka, Liza and Shirley, his wider circle of relations and all of us who knew him, but also for the many who did not, because his life was one worthy of emulation. Usually, it is the death of a family member or very close relative or friend that invokes in us a deep sense of loss and grief. But when a sense of loss is so deeply felt over the passing of an individual who is neither family nor especially close or intimate, it is because of his unique accomplishments and the character he displayed during his lifetime. As Libanius, the ancient Greek orator has reminded us when we die “we fill but a little spot of Earth by thy tomb” and to paraphrase the concluding part of his famous tribute, “some men and women thereafter fill their whole world with admiration….and respect.” Dr E. was one of such men. His was a purposeful life well lived! He was a determined, collaborative, goal-oriented, caring person who loved life and all that it offered. Through both his scholarship and his practice, he made a significant contribution to the global petroleum industry and to the lives of countless young people, to whom he was a deserving role model.
He built his career around innovative ideas and industry solutions, inventing cures for global field development challenges. Because of his passion for knowledge and his commitment to mentorship, he directly impacted the lives of teachers and students alike, in the several fields in which he was a world renowned expert. His petroleum institutes, the Emmanuel Egbogah Centre for Petroleum Engineering at the University of Ibadan and the Emerald Energy Institute at the University of Port Harcourt, are elegant legacies of his devotion to professional excellence and mentorship. I first met Egbogah in 2007 when he was appointed Presidential Adviser on Petroleum Matters by the late President Umaru Musa Yar’ Adua. I was also a President Yar ‘Adua appointee, with the curious designation “Minister of State for Energy” (Petroleum) His namesake and my good friend Chief Emmanuel Odusina was Minister of State for Energy” (Gas). Our energy triumvirate was completed by a respected and patriotic woman, Hajia Balarabe who tragically passed on suddenly in a ghastly accident within a few weeks of leaving office as Minister for Energy (power). I recall that one of his/our first tasks was to try to clearly define and demarcate the roles of the two ministers of State for Energy - Petroleum and Gas. In doing so, the first trait I observed in Dr Egbogah, was loyalty. President Yar ‘Adua had recognised that the development of gas had been sorely neglected and wanted particular focus on the sector. The bifurcation of the erstwhile Ministry of Petroleum Resources was designed to achieve focused attention on gas development, for power, industry and wealth creation. The arrangement had from inception been severely criticised as unworkable. I sensed that this was Dr Egbogah’s sentiment also.
During and after meetings he would be plagued by demands from several quarters to advise the President accordingly. He was his adviser after all! But throughout Egbogah remained reticent on the subject and diligently went about the assignment the president had given us. His focus it seemed was on making it work. He never ever expressed a contrary view and was therefore generally viewed as responsible for the policy. Yet it was Dr Egbogah who had quietly got the president to reverse himself after being able to show him why the bifurcation was not working and couldn’t work. Later President Yar’Adua told me that when he asked Dr Egbogah why he had not told him so from the beginning, he had smiled and said that he could not possibly have countered the passion and determination of the president earlier, amidst the vicious rumours of vested interests wishing to frustrate or truncate his ambitious gas development plans. I had discovered two more admirable qualities - patience and wisdom. Dr Egbogah by his proud academic antecedents, was probably the cleverest and most knowledgeable person in the room during many discussions, whether they were technical, on geology or petroleum engineering or more the policy oriented petroleum economics that generally underpinned oil and gas policy. Yet he always listened more than he spoke. But when he spoke it was with the authority of a man whose advice and expertise had been sought across five continents, as far afield as Canada, India, Libya, Malaysia, Russia, Sudan, United States and Venezuela. His humility was extraordinary. I had worked with Dr Egbogah for almost two years before l ‘heard’ that he was from Anambra State! I had in fact argued with the person who had said so with confidence. His name ‘Egbogah’ had
for some reason always evoked in me the notion that he was from Delta State! But it was completely irrelevant what part of the country he was from. It simply never came up or mattered. Egbogah was always a Nigerian first. It was indeed at his service of songs in Lagos that I learned of his quiet but passionate commitment and philanthropy to his people of Awka and of the countless contributions he had consistently made towards their advancement, especially in the field of education and empowerment. On a lighter note, I was especially amused when at the height of the militancy in the Niger Delta and we were considering the amnesty initiative amidst credible threats that the NNPC towers where our offices were located, were a target, Dr Egbogah came to see me in my office. He seemed rather agitated. I asked him what the problem was. He paused, as if unsure of how to put it. “Are you Ijaw?” he asked tentatively. The way he asked the question, it sounded as if he was asking if l was a militant!! I laughed heartily and said yes to both questions! Apparently he had just finished an argument with someone who claimed that l was Ijaw! He said I didn’t look like an Ijaw confirming my interpretation of his question. We had a good laugh. Laughter came naturally to Dr E. His smile or laughter totally lit up his face and was infectious in its genuineness. It defined his personality as a good, kind and selfless man. I learned a great deal about his love for his family. His love for and devotion to his wife was self-evident to all who knew them and it was fully reciprocated. His children were never far from his thoughts and he as a pillar of support to them. Ajumogobia, SAN, was formerly Minister of State for Petroleum Resources and is the Chairman of First Exploration and Production Company Ltd.
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T H I S D AY TUESDAY, AUGUST 28, 2018
EDITORIAL ARREST OF THE OWERRI WOMEN The right to peaceful rally is a fundamental human right protected under our constitution
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hile the 112 women who were arrested, detained and remanded in Owerri prison for participating in a peaceful protest to demand the whereabouts of the leader of the Indigenous People of Biafra (IPOB), Mr Nnamdi Kanu have been released, there are several disturbing issues about their ordeal. With stories of maltreatment of the women by the police, including a pregnant one who reportedly had to be hospitalised after bleeding, the episode has further shown the contempt of this administration for the inalienable rights of citizens. It is unfortunate that the police in our country find it difficult to understand the elementary fact that their basic responsibility is to manage the delicate balance between protecting citizens exercising their lawful rights and that of ensuring an orderly environment for the discharge of the obligations of government. A mindset that is trained always to see protesting citizens as potential criminals is a disgrace to any society that claims to be democratic. In the instant case of the harmless women, it is a new low for the police that its men and THE RIGHT OF officers would apply unrestrained force. THE CITIZENS TO The right of the PEACEFULLY PROTEST citizens to peacefully IN OPEN EXPRESSION protest in open expresOF THEIR GRIEVANCES sion of their grievances OR SUPPORT OF ANY or support of any issue ISSUE IN THE PUBLIC in the public space remains a fundamental SPACE REMAINS A right the exercise of FUNDAMENTAL RIGHT which does not require anyone’s permission. That expression is no different from the right to free speech by individuals and groups. Protests only become matters of public safety when they degenerate into riots. But in Nigeria today, the only protest that is allowed is one that is sponsored by agents of government in aid of unpopular causes. If for instance the protest by the women was to endorse the aspiration of the ruling All
Progressives Congress (APC) in both the state and federal government, they would have been given support by the police. Policemen are paid to be present whenever and wherever the people are exercising their rights. In all such situations, it is their responsibility to protect the lawful and arrest the lawless for prosecution where and when necessary. Therefore, scuttling and abridging citizen rights, most often on spurious grounds, is a relic of decades of military autocracy. Security is not the myth and cultic mystery that we keep being blackmailed with.
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T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR DAVIDSON IRIEKPEN MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE
T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS 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
s we have reiterated repeatedly on this page, by voluntarily entrusting to a few elected people the responsibility of governing their affairs, the people have not relinquished their power. They have merely entrusted it to the office holders. They can invoke that power at periodic elections to either vote for a popular government or even vote out an unpopular one. In the same vein, they can invoke that power by staging public protests over any issue on which they may feel dissatisfied. In a presidential democracy such as ours the people should not be shut out from expressing their views in matters which affect their interests and welfare. It must be noted that the Nigerian court has ruled that the right to peaceful rally and peaceful demonstration is a fundamental human right protected under our constitution. Specifically, section 41(1) of the 1999 Constitution guarantees the right to freedom of movement. Besides, peaceful strikes, lock-outs, non-violent positive actions and others are wellknown legitimate weapons of expression in a democracy. We need to stress that the people do not derive their natural right to peaceful assembly from the government: they are born with that right. Besides, the era of military dictatorship is gone. We are now under a presidential democracy which ought to guarantee maximum expression of the citizens’ fundamental rights especially the rights to hold public gatherings and public debates. It is a big shame on the authorities that the Owerri women would be so crudely treated for exercising their rights.
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GOV BELLO AND AGRIC REVOLUTION IN NIGER
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he victory of Governor Abubakar Sani Bello in the governorship election of Niger State in 2015 did not come as a surprise. The people of Niger State were yearning for change. They were tired of the kleptomaniac Peoples Democratic Party (PDP) in power in the state. However, long before then, Sani Bello had acted like Nostradamus, the man who saw tomorrow, by quitting his appointment as commissioner in Governor Muazu Babangida Aliyu’s administration. He had discovered much earlier than most that the administration of Babangida Aliyu and indeed the PDP was leading the people astray. It was Leroy Eimes who said that, “A leader is one who sees more than others see, who sees farther than others see, and who sees before others see.” He saw how the PDP messed up the state. And what a mess the PDP left behind. This much the governor admitted after taking cursory look on the state of infrastructure that was bequeathed to his administration by the erstwhile Aliyu administration. In an interactive session with journalists recently Gov. Bello said the PDP administration failed to build on the infrastructure it met but indulged in wasteful spending. He said infrastructure in all the sectors were in a state of rot, adding that the PDP administration turned a blind eye and instead embarked on bogus projects which costs were inflated even as some of the projects were abandoned midway. Despite the enormous challenges, once he was sworn in as governor he hit the ground running with unequalled zeal to make a difference in the life of Nigerlites. He was determined to confront the challenges and leave
Niger State better than he met it. This was in line with the assertion of John Kenneth Galbraith who said that, “All of the great leaders have had one characteristic in common: it was the willingness to confront unequivocally the major anxiety of their people in their time. This, and not much else, is the essence of leadership.” His single-minded confrontation of Niger State mess left by the past administration has yielded result in just a few years of his leadership of the power state. To ensure availability and accessibility of water in the state, more than N4 billion has been expended in order to resuscitate the Minna, Bida, Kontagora and Suleja water works. This marks a landmark achievement in the administration of Governor Bello. In the area of agriculture, he signed memorandum of understanding with both local and international investors including PJS Agro Farms to irrigate about 7,500 hectares of land at Swashi for rice cultivation; Umza Farms international with 10,000 hectares for rice production; Dangote Group with 50,000 hectares proposed for rice and sugarcane production. Others are Coza investments with 9,000 hectares acquired for rice and poultry production; Anadariya Nig. Ltd with 5,000 hectares at two locations in New Bussa, among others. The government is also giving due attention to the development of Shea tree sector with the engagement of a consultant to develop the sector and capture the value chain. The administration is in collaboration with CBN through the Anchor Borrowers Scheme has supported thousands of farmers. It has also encouraged dry season farming and is reviving 17 irrigation schemes across the three senato-
rial zones in the state. There is ongoing rehabilitation of irrigation infrastructure with 72 hectares irrigation field. Because of the administration’s focus on rice production, Niger has been adjudged one of the top rice producing states in Nigeria. Indeed, the oil giant, Chevron Nigeria Limited (CNL), has entered into partnership with the state government for the training of graduates of agriculture for the purpose of improving rice cultivation and production in the 25 local government areas of the state. Chevron and its affiliates under the arrangement are providing the technical knowhow and capacity building for fresh graduates across the local government areas to attract them to the farms and the use of modern method of rice cultivation and production. Apart from reducing the massive unemployment facing graduates in the state, the partnership would also enhance the performance of the agricultural sector in the state to meet the food and employment needs of the people of the state and the country as a whole. And as part of measures to check farmers, herdsmen clashes, the Niger State government has revived and expanded the 30,000 hectares Bobi Grazing Reserve at Oro in Mariga local council of the state. Governor Bello made the disclosure during an unscheduled visit to the facility, one of the state’s 23 grazing reserves. He noted that the decision was consistent with the federal government’s proposed solution to the incessant bloody clashes between farmers and herdsmen in some states and the concomitant loss of lives, livestock, farmland and other property. Alan Boyd, Abuja
T H I S D AY • TUESDAY, AUGUST 28, 2018
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POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com 08114495324 SMS ONLY
TRENDING NEWS
The Senate as a Nest for ex-Governors
Shola Oyeyipo writes that with 22 former governors in the Senate, the upper chamber of the National Assembly is fast becoming the retirement succour for erstwhile heads of state executives
Adamu
Yarima
Egwu
Akpabio
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f the 109 lawmakers in the Upper Chamber of the Nigerian National Assembly, 22 are former governors who opted to extend their political relevance by remaining in the Senate. Their prolonged political life comes at a huge to the polity. Senate President Bukola Saraki (Kwara), Rabiu Musa Kwankwaso (Kano), Kabiru Gaya (Kano), Godswill Akpabio (Akwa Ibom), Theodore Orji (Abia), Abdullahi Adamu (Nasarawa), Sam Egwu (Ebonyi), Shaaba Lafiagi (Kwara), Jonah Jang (Plateau), Aliyu Magatakarda Wamakko (Sokoto), Ahmed Sani Yarima (Zamfara), Danjuma Goje (Gombe), Bukar Abba Ibrahim (Yobe), Adamu Aliero (Kebbi), George Akume (Benue), are some of the ex-governors in the Senate and they play notable impacts in national politics. This number is likely to increase as the culture of former governors getting elected into the senate is getting more fashionable. More state executives are already considering the option of moving to the senate after their tenure. For instance, the Ogun State Governor, Senator Ibikunle Amosun is not hiding his intention to vie for Ogun Central senatorial district ticket in 2019 and return (where he once a stint between 2003 and 2007) to the red chamber where he hopes to become the Senate President. Likewise, the immediate-past governor of Delta State, Dr. Emmanuel Uduaghan, told a coalition of Bomadi Local Government Area elders led by Reverend Gbenekuru England and dozens of youths that nothing will stop his senatorial ambition come 2019. While some observers have said lawmakers that become governors perform better than governors that become legislators, in some analysis on the growing trend, commentators referred to it as “mad rush to the Senate by former governors,” while others tag it “former governors retiring into the Senate.” As constituted now, the number of former governors in the National Assembly is a very significant proportion, because they are 21.12 percent of the Senate. As a former Chairman of the Nigeria Governors Forum, it was easy for Saraki to seek the indulgence of his former colleagues in emerging President of the Senate and also holding on to that office, so far. These former governors are in strong control of party structures in their various states and they wield a major influence on other lawmakers from their states. Usually, these other colleagues were
assured their place in the senate by the former governor. One of the most recent references to the powers at the disposal of a former governor-turned senator was when Senators Shaaba Lafiagi (former governor and lawmaker representing Kwara North) and Senator Rafiu Ibrahim (Kwara South) who defected to the Peoples Democratic Party (PDP) in a move that complemented Senate President Bukola Saraki’s eventual dumping of the ruling All Progressives Congress (APC). Another case was when barely 24 hours after former Kano State Deputy Governor, Prof Hafiz Abubakar defected to the PDP along with 10 other aides of the state Governor, Abdullahi Ganduje, in loyalty to former governor, Senator Rabiu Kwankwaso, six ‘Kwankwassiyya’ members in the Kano State House of Assembly also defected to the PDP. The incidence of former governors retiring to the Senate became a heated debate in the build-up to the 2015 election. The emerging trend often results in a clash of interest between the sitting and aspiring senators who always feel threatened
As constituted now, the number of former governors in the National Assembly is a very significant proportion, because they are 21.12 percent of the Senate. As a former Chairman of the Nigeria Governors Forum, it was easy for Saraki to seek the indulgence of his former colleagues in emerging President of the Senate and also holding on to that office, so far.
Saraki
by their governors’ senatorial ambitions . Not many people will forget the scenario in Enugu State in a hurry. Former governor, Mr. Sullivan Chime and the incumbent Deputy President of Senate, Senator Ike Ekweremadu were at loggerheads before the issue was eventually settled in favour of the latter. Why is it becoming the new order for governors to go to the Senate after serving out their tenures as the leader of the three other senatorial districts under them as state executives and what are the implications? What attracts to superintend (as a legislator) over one-third of a state they once ruled in an executive capacity? The pull may not be farther than a fight to retain political relevance. Serving governors in Nigeria have enormous powers at their disposal. They have complete control on the party machinery in their respective states. They determine their successors and the only way to remain relevant is by continuing to play at the national level. Another factor that can be attributed to the occurrence is that the Senate easily becomes protective shield for some ex-governors who have questions to answer from law enforcement agencies. Indeed, a good number of them are constant visitors to court over allegations of huge financial mismanagement while they were at the helm of affairs in their respective states. At one point or the other Senate President Saraki, former governor of Borno State, Ali Modu Sheriff, and former Senate Minority Leader, Godswill Akpabio who was Akwa Ibom State governor faced corruption charges. Others like former governors Orji Uzor Kalu of Abia State, Chimaroke Nnamani (Enugu), Saminu Turaki (Jigawa), Sule Lamido (Jigawa), and Joshua Dariye (Plateau), Ahmed Yerima (Zamfara), Gabriel Suswam (Benue), James Ibori (Delta), Martin Elechi (Ebonyi), Danjuma Goje (Gombe), Murtala Nyako (Adamawa), Ikedi Ohakim (Imo) and Peter Odili (Rivers) also faced corruption allegations. Despite this assumed influence, Justice Adebukola Banjoko recently sentenced Joshua Dariye (Plateau), a serving senator, to two-year and 14-year jail terms to be served concurrently without an option of fine. Such judgment could not be contemplated some years back because being a former governor and a Senator was enough protection for anyone who could wield the combined influence of the two offices. The trend became established with 2003 Class of governors who finished their two-term tenure
in 2011. Many of the state chief executives who held sway between 1999 and 2007 shied away from taking a shot at a senatorial seat, even when they had everything in their favour. A THISDAY recent finding revealed that the introduction of the direct primary principle was basically to address the overbearing influence of the governors in the determining who emerges as governorship candidate in their states. To the architects of the policy, it would curtail the excesses of the governors and ensure that candidates only emerge through the aspiration of majority of party members and not the domineering facade of the governors. If the direct primary was not introduced by the party, the APC was sure to lose more of members to opposition parties in the sense that in a state like Kogi, Governor Yahya Bello, being in charge of the party structure, would have simply stopped Senator Dino Melaye after his failed attempt to recall him. No doubt Governor Nasir el-Rufai of Kaduna State would gladly bury the political dreams of Senator Shehu Sani, who is more or less a thorn in his flesh. But where his people love and support him, the influence of the governor in determining Sani’s political future would be minimised. Writing in The Atlantic, Julie Beck documents a new studies from the University of Cologne, the University of Groningen and Columbia University, which presents two different conceptions of power—power as influence and power as autonomy. “Power as influence is expressed in having control over others, which could involve responsibility for others.” “In contrast, power as autonomy is a form of power that allows one person to ignore and resist the influence of others and thus to shape one’s own destiny.” Their question: Which of those things, influence or autonomy, would satisfy people’s desire for power? The researchers on the new study suggest that influence may seem more important to people just because it’s more visible. It’s easier to see how people control others than it is to see them feeling autonomous. The study references real leaders like Napoleon, Caesar, Obama, and Putin, and fictional ones like Darth Vader and Sauron, and says, “The sense of autonomy of these powerful individuals is not as visible: It is reflected in the absence of constraint, plans not being thwarted, and ambitions not being frustrated—an absence which remains unobserved.” So, what kind of power does a Nigerian governor-turned senator seek?
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T H I S D AY • TUESDAY, AUGUST 28, 2018
NEWS YP Promises New Leadership System in Nigeria Shola Oyeyipo The newly registered Youth Party (YP) has vowed to bring transparent political leadership and followership that discourages money politics, bribery, violence, rigging and corruption in Nigeria. The party’s National Publicity Secretary, Ms. Ilamosi Ekenimoh, said the major assignment of the party is to raise a generation of new politicians that will positively rewrite the country’s story. According to her, the party aims at rebuilding Nigeria through generational change in political leadership, one that emphasises skill, capability, religious harmony over age or ethnicity and religious divisions. Earlier, YP acting National Chairman, Mr. Suleiman Usman Yusuf, also stated that the party would bring freshness to Nigerian politics and actualise needed development.
He said the party will ensure that every Nigerian has access to quality basic education, universal healthcare, social housing, and internal democracy. Yusuf said YP will give Nigerians the opportunity to express themselves and determine the Nigeria of their future, denying that the party was founded to represent and protect the interests of youths alone. “The party is open to Nigerians of all ages and background: the name symbolises the creativity, tenacity and strength of the Nigerian youth and it plans to leverage and put these qualities front and center. “It currently has presence in about 28 states of the federation including Lagos and Abuja and with over 5, 664 members prior to registration and we believe that now that the registration has been approved, it will allow the party to increase its followership and impact,” he added.
National Interest Party Expels Erring Members By Udora Orizu The National Interest Party has picked the party’s Chairman, Mrs Eunice Atuejide as its presidential flag bearer for the 2019 general elections. The choice of Atuejide was unopposed by members to its recent convention in Abuja. In attendance were members of the party drawn from the 36 states of the federation and the Federal Capital Territory (FCT). the T held under the supervision of a team of INEC officials led by Mrs. Nkechi Abah, Mr Mas’ud Hassan and Mr Uye Asuquo. Thanking members for giving her the presidential ticket, Atuejide said her campaign watchword will be transparency and accountability. She also explained that
NIP’s membership of the Coalition of United Political Parties (CUPP) did not mean an end to party’s sovereignty, saying that the CUPP was not a merger. “With the few candidates we have, we joined the coalition to negotiate with them so that our view can get in. I will still do a second primary in CUPP, because I’m a member of the strategic planning committee I have convinced them to allow us do a free and fair primary. We are not joining NIP, it’s good to have that coverage because we are pushing our agenda further, I’m a member and secretary of one of the highest committees there. The coalition has not been a bad idea. We will never be part of anything that hurts Nigeria. The CUPP is a group of big
and small parties and what I need to do is to convince them that I’m the best candidate to represent them in 2019, when the CUPP is backing you, half of Nigeria is backing you,” Atuejide said She revealed that as a result of recent anti-party activities of some members of the National Executive Committee, it became expedient that the convention, in line with the provisions the party’s constitution address their actions. The convention passed votes of no confidence on erring members of the party who illegally purported to suspend the National Chairman and National Secretary. Consequent upon the successful passing of the votes of no confidence, the
convention resolved to expel the erring members, as well as the ineffective members of the NEC and the entire process was observed and endorsed by the INEC officials present at the convention. The NEC members that were expelled from NIP at the convention include the Deputy National Chairman Ibrahim Barde Suleiman, National Legal Adviser Sanni Abass Itopa, National Internal Auditor Bontim John Nanpon, Deputy National Financial Secretary Salman Ibrahim Ishola, National Treasurer Hadiza Hussein Abdullahi, National Organising Secretary Jude Osasere Ogbeide, Deputy Social Media and Cyber Monitoring Secretary Azeez Oladipo Yusuf, National Fundraising Secretary Priscilia Uloba.
6,000 APC, AD, PDP Defect To ADC in Ogun Femi Ogbonnikan No fewer than 6,000 members of the All Progressives Congress (APC), Alliance for Democracy (AD) and Peoples Democratic Party (PDP), have defected to the African Democratic Congress (ADC) in Ogun state. In an elaborate rally held at IjebuOde, the defectors who were welcomed into the new party by Mr Deji Ashiru, an Ogun East Senatorial district aspirant, identified absence of internal democracy and ideologies as the major factors responsible for dumping their respective previous political platforms and subsequently defecting to the ADC. Addressing the defectors into the ADC fold, Ashiru said the new members drawn from the nine local government areas making Ogun East district, decided to join the party based on the six core values (accountability, service, humility, integrity, love and
excellence) that he has brought to bear as a senatorial aspirant and also largely, in alignment with the ideologies of the party. He said that it was only in Nigeria that the existing major political parties lacked ideologies which have been responsible for defection of their members. “We borrowed our democracy from the United States of America where ideologies are more entrenched in the two major political parties-The Republican and The Democrats-but the reverse is the case in Nigeria. That is why we have been witnessing defections in the two major political parties (APC.and PDP) that we have in this country,,” said Ashiru. He announced that he decided to join the Ogun East senatorial race to right the wrong of the past whereby his district was not given quality representation at the Upper Chamber of the National Assembly by successive lawmakers.
DPC Begins Nationwide Congresses September 13 Onyebuchi Ezeigbo The Democratic People’s Congress (DPC) has said that it will hold nationwide Ward congresses on September 13 Local Government Congresses and State House of Assembly Primaries on September 15 In preparation for the 2019 general elections, DPC also said that the party’s House of Representatives Primary is to hold on September 19 while Senatorial Primaries will take place on September 22 In the same vein, State Congresses and Governorship Primaries of the party will hold on September 28. Also DPC has fixed the National Convention and Presidential Primary for October 6 in Abuja.
The National Chairman of DPC, Rev. Olusegun Peters said the party was determined to provide progressive leadership in the country in the renewed efforts at building a better nation. Peters said Nigeria was at the crossroads and needed the prayers of all compatriots to navigate through this trying time in the nation’s political process. According to DPC, the need to build a strong, virile, progressive and equitable democratic society cannot be overemphasised and requires the efforts, sacrifice and patriotism of the populace. “DPC urges politicians to seek the interest and progress of the nation at all times and avoid overheating the polity which could impede our hardwon democracy.
CHANGE OF LOYALTY
L-R, Abayomi Mighty( United Nation Youth Ambasador), Mr Babatunde Badmus( Ogun State Welfare officer, AD), (Dr.) Deji Ashiru ( ADC Ogun East Senatorial Aspirant) and Hon Ladi Odujinrin ( ADC Ogun East Senatorial Chairman), Alhaji Akewusola Babatunde during the defection of APC, PDP and AD members to ADC in Ijebu Ode, Ogun State
U.S. Ambassador Harps on ADC Reorganises NWC, Appoints Kolapo as Spokesperson Ethno-Religious Tolerance Nseobong Okon-Ekong The U.S. Ambassador-at-Large for International Religious Freedom, Samuel Brownback, has urged Nigerian political office holders, representatives of civil society and religious leaders to avoid amplifying ethno-religious tension in the country and to focus on peacebuilding. At a one-day national youth dialogue on ethnoreligious tolerance organized by the U.S Consulate General Lagos, in partnership with the African Youths Initiative for Crime Prevention (AYICRIP), Ambassador Brownback, who met with a group of religious leaders during a recent visit to Nigeria in June, commended increased inter-faith engagement and dialogue in Nigeria, but noted that the country can do more to protect citizens’ right to religious freedom. “When I visited Nigeria in June, I met with communities from all different faiths located all over the country and heard about how interfaith groups and people from every religion have come together to begin stopping the violence at the community
level, which is a great starting point,” Brownback said. “However, we need to do better than just achieving tolerance; we need to truly care for each other. The people who stand for peace do not do this because they are from the same ethnic group, or because they share a common religion. They believe the lives of everyone are sacred,” he added. U.S. Consul General John Bray, who opened the event, reaffirmed the United States’ commitment to supporting initiatives that promote peace and admonished Nigerians to ensure that cyclical communal violence does not threaten national unity. “Each of us has a role to play in tamping down tensions between communities of all kinds,” Bray noted. “It is in your hands to ensure that this tragic violence does not descend into broader ethnic and religious fighting, and a cycle of reprisals. We must all make sure that the fighting does not eat away at the fabric of Nigeria, the multi-religious and multiethnic tolerance that makes this a great and unified nation,” he concluded.
The African Democratic Congress has announced changes in its National Working Committee. The reorganisation is in line with the party’s commitment to developing a sustainable political platform to serve as a model in the country that will produce credible leaders, who will take Nigeria to its preferred destination. Chief Anayo Arinze, a seasoned journalist, and publisher of The TradeLink, who has served as the National Publicity Secretary since 2008, is now National Coordinator, Electoral Matters, and INEC liaison. In this position, Chief Anayo Arinze is required to use his wealth of knowledge and experience to guard electoral matters and INEC relations to ensure that the ADC leverages on its current position as party of choice to ensure electoral gains. The statement by the National Chairman of the ADC, chief Ralph’s Nwosu , “Winning elections, being the ultimate goal of any political party, Chief Anayo’s deep knowledge will serve the party and country well at this stage. He has attended many courses in election management and administration in Nigeria and
abroad.” Nwosu further announced, “Our amiable Deputy National Publicity Secretary, Mrs. Yemi Kolapo, takes over as National Publicity Secretary. Mrs Kolapo is a consummate professional, an outstanding media consultant, publisher, and effective leader. Her wealth of experience in media management as well as Economics, puts her on the right footing to deliver excellently on this assignment. Kolapo is the Chief Executive Officer of Right-Dev Limited (Publishers and Media Consultants).” Other appointees are: Dr. Chike Okogwu, a seasoned Havard- trained technocrat and human rights activist, with excellent grasp of innovation, strategy and empowerment matters, who is now Deputy National Chairman, Strategy, Innovation, and Change; Barrister Justina Abanida, a twotime Secretary to the State Government in Kogi State, and seasoned lawyer (Deputy National Legal Adviser); and Comrade Abdul Ogar from Nasarawa State, an activist and one of the chief promoters of Not Too Young To Run (Deputy National Treasurer).
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 07010510430
Empowering Young Women for the Blue Economy Mary Nnah writes that the recently held Leadership and Career Empowerment Programme was an avenue for young women to seize opportunities in the blue economy and contribute to the development of the sector
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n a bid to change the situation where most sectors of the economy are controlled and peopled by men, MMS Plus Woman of Fortune Hall of Fame (WoFHoF) recently brought together young women from various fields of the economy to brainstorm on how and why more women should be involved in the 'Blue Economy'. As postulated by the World Bank, the blue economy is the "sustainable use of ocean resources for economic growth, improved livelihoods and jobs, while preserving the health of ocean ecosystem." Simply put, the event was put together to encourage young African women to take an active economic role in the maritime sector – from shipping, maintenance and port services to financing, among other sectors of the country’s economy. The two-day event, which was held at the MMS International Image Centre, Festac Town, Lagos, provided free but thorough training for the participants and it explored digital media, blue economy, oil and gas, visual content production and entrepreneurship, which are money-spinning sectors that the nation is yet to optimally explore. Over 50 Nigerian women ranging from senior secondary school students to undergraduates in tertiary institutions as well as career workers in civil service and private sector participated in the second edition of Women in Leadership and Career Empowerment Programme (WILCEP) organised by MMS Plus WoFHoF as part of efforts to contribute to the development of the female brand in the country.
Key Roles for Women
While addressing the participants, the Secretary, Nigerian Chapter the of African Women in Maritime (WIMA), Mrs. Rollens Macfoy, admonished young women to seize opportunities in the blue economy. She also encouraged them to identify opportunities to develop a sustainable, integrated maritime sector, which will create jobs – both directly and indirectly. Macfoy, who presented a paper titled, “Optimising the opportunities in Blue Economy”, stressed that 70 per cent of earth's resources were underneath the seas, adding that a greater portion of the wealth from the seas and oceans remain untapped. Macfoy, who represented the WIMA Nigeria President, Mrs. Jean-Chiazor Anishere, also charged the young women to be resilient in their drive to be successful, adding, “nothing of immense value or success can be attained from a position of discouragement.” She said, “As a young lady who intends to be successful in life, you can't be in the university and your primary concern is to fix a weave-on of N15, 000. If you can afford to spend lavishly on such items, you can as well start paying your school-fees. That's my philosophy. My daughter is here, she is a 200-level student of Crawford University and she can attest that I always tell her about the need to make money and be financially prudent. I tell her that she has to work.” She was of the view that women have a key role to play in addressing the longstanding neglect of oceans in Nigeria, noting that it is high time women started focusing on this underdeveloped area and be part of that development.
Utilising Opportunities
On the need to take up opportunities in the blue economy, Macfoy who is the CEO of OceanDeep Services Limited, said, “When we talk about blue economy don't despair, it's not a job for some specific set of people, neither is it anybody's patent right. You can study on your own and even online and you would surely rise to the top. I've been in the industry for almost 20 years and my focus and drive has placed me where I am today.” She explained, “I visited several Chief Executive Officers (CEOs) waiting from 8am-5pm just to see the CEO. I repeated this for about two weeks at a stretch before taking a break from that company to face other businesses, but I returned months later and most times I got the
A cross section of the participants at the mentorship class
job. There was a job I chased for one year and three months but I eventually got the contract. That contract runs for another two years and since I got it, I have been smiling to the bank monthly. How do you convince me to stop? Why do you allow yourself to be discouraged? The real you is 'the person' you intend to be in the next 10 years and that should spur you to work more now. What do you intend to tell your classmates when you meet in 10 or 20 years?”
Digital Media Exposition
Meanwhile, Mr. Ayomide Akerin, a digital marketing strategist and trainer with Edubridge Consultants, exposed the participants to the numerous opportunities in the digital media, ranging from online marketing, website design, blogging, programming and coding and utilising social media as a tool for earning revenue, among others. Akerin stressed that digital skills and the
use of Information Communication Technology (ICT) was crucial to the development of several businesses in Nigeria and Africa, while the industry also provided enormous employment opportunities as well as technological innovations. He went on to state that the class of people who would find it difficult to survive wouldn't be those without money but those who would be unable to flow with the modern changes and utilisation of technologies. Speaking further, the ICT trainer stated that most developed countries had been exploring digital technologies and strategies in several ways, while Africa was yet to fully embrace the initiative. “Nigerians, especially the young ones must be encouraged to learn and explore the opportunities in digital media for the fiscal benefits and to grow the nation's economy. The point is that we are in the age of digital technology and the good thing is that we have contents like artificial learning and it tells us how much technology is changing the way we do things,” he stated.
Presentations
This initiative by MMS Plus WoFHoF was a very good one and today's programme was about blue economy and digital media. These were areas that are relatively novel to me. I haven't paid attention to these issues on the blue environment. I wasn't aware of the immense opportunities in the water let alone know that one can make money from things like waste recycling
The Group Executive Director/ Company Secretary, Masters Energy Group, Mrs. Patience Dappa, presented a paper titled: “Making a Career in Oil and Gas Industry: Prospects and Challenges”. Dappa was represented at the event by Managing Director, FirstUnion Excel Limited, Mr. Mahmud Dawodu. Other papers presented at the event include: “Becoming skilled in Visual Content Production, Graphics, Video Editing and Photos,” by Mr Kazeem Aweh. Mr. Mathias Nwabueze, an entrepreneur and life coach, presented a paper on “Entrepreneurship: Building New Power Base of the Economy”. Also x-rayed was what it takes to be a successful entrepreneur globally while limitations, especially in the Nigerian context and how to overcome them were discussed.
Bridging the Gender Gap
In his opening address, Founder, MMS WoFHoF Initiative, Mr. Kingsley Anaroke, emphasised the importance of investing in women and promoting the female brand. He described women as loyal, dedicated, committed and productive when given assignments to handle. Anaroke said although it might take more than just a motivated resistance to overturn years of systemic gender inequality and create opportunities for more female to be involved in the Blue Economy, employing a few key
strategies can help bridge the gender gap and move the sector toward greater gender balance. He recalled that the maiden edition of the WILCEP conference produced a book titled, “Mentorship: The Link to Effective Leadership”. The book is a collection of the presentation of talented women who told intriguing stories about their lives at the maiden WILCEP event in 2017, with their experiences chronicled into a guide for effective leadership across various sectors. The founder stressed that the WILCEP initiative with the theme, “Optimising the Blue Economy and Digital Media Skills for Wealth Creation”, was created to enhance the capacity of young Nigerian women by giving them one-on-one mentorship opportunities with successful women, adding that the 2018 edition provided opportunities for skill acquisition in digital media and opportunities in blue economy.
Lessons
One of the participants at the training, a 300-level student in the department of Business Education, Federal College of Technical Education, Akoka, affiliated to the University of Benin (UNIBEN), Ms. Akinwande Oluwatosin, said she was thrilled to have learnt so much from the conference. She said, "This initiative by MMS Plus WoFHoF was a very good one and today's programme was about blue economy and digital media. These were areas that are relatively novel to me. I haven't paid attention to these issues on the blue environment. I wasn't aware of the immense opportunities in the water let alone know that one can make money from things like waste recycling. "I also learnt that success and monetary benefits come from identifying needs in the society and meeting these needs, the solution to the problem/ need is what brings monetary reward. I also learnt a lot from the ICT training, such as how to create websites and use the social media to make money, promote businesses; I know what to demand from the website designer because I know the details a good website must have." The schools which participated in the programme include Unique Toes Mission Secondary School, Badagry; Grace Polytechnic, Surulere; UNIBEN FCET Chapter; and Federal College of Technical Education (FCET), Akoka, while a delegation of female leaders at the Amuwo-Odofin Local Government Council and Women Affairs and Poverty Alleviation (WAPA) Lagos State, graced the occasion.
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War of Words over Regina Pacis Girls' Technovation Award Following the recent technovation award won by five students of Regina Pacis School, Governor Willie Obiano and his predecessors, Peter Obi and Chris Ngige, have plunged into a war of words over who should take credit for the honour. David-Chyddy Eleke reports
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bout two weeks ago, five girls from Regina Pacis Secondary School in Onitsha, Anambra State, represented Africa in Silicon Valley, San Francisco, in the United States, where they won the Technovation award after developing an app that can help prevent sale of fake malaria drugs. The girls got $10,000 prize money for the feat, which could help in tackling the malaria menace in Nigeria and Africa at large. The five girls – Promise Nnalue, Jessica Osita, Nwabuaku Ossai, Adaeze Onuigbo, and Vivian Okoye – won a gold medal in the contest. The team, led by Uchenna Onwuamaegbu-Ugwu, defeated representatives of other technological giants, including the USA, Spain, Turkey, Uzbekistan, and China, to clinch the gold medal. The group, under the name, Team Save A Soul, developed a mobile application called the FD-Detector, which they used to help tackle the challenge of fake pharmaceutical products in Nigeria. Under the tutelage of Onwuamaegbu-Ugwu, the CEO of Edufun Technik STEM, the golden girls spent five months researching and developing FD-Detector, which swept through over 2,000 competing applications to get to the finals in San Francisco. Technovation is a programme that offers girls around the world the opportunity to learn the programming skills they need to emerge as tech-entrepreneurs and leaders. THISDAY learnt that 115 countries participated in the qualifiers for this year, but only 12 teams from all over the world were selected as finalists for their pitches in Silicon Valley.
Twist
Expectedly, the news of the award sent the government of Anambra State into a jubilant mood, with officials of the state government openly celebrating it. Most of them took to the social media to laud the state governor, Chief Willie Obiano, for what they termed his support for the education sector in the state, which they said led to the victory. But, suddenly, the joyous news received a twist. The award came under contest as the former governor of the state, Mr. Peter Obi, and his predecessor, Dr. Chris Ngige, also joined in laying claims to the reason for the girls’ success. The Commissioner for Education, Professor Kate Omenugha, attributed the success of the girls to the contributions of the governor. Corroborating, the governor's chief press secretary, Mr. James Eze, also attributed the success of the girls to the support they got from Obiano before they left Nigeria for the contest. Eze said, "The Governor of Anambra State, Chief Willie Obiano, had personally sent them off to the US in a brief ceremony at the last Executive Council Meeting, where he charged the girls to put Nigeria and Africa on the global technological map with their rare talent, so I am not surprised." But contesting the contribution of the governor, his predecessor, speaking through his media aide, Mr Valentine Obienyem, said, "When we received the news of the giant strides of students of Regina Pacis (Queen of Peace) Secondary School, Onitsha, Nigeria, on their winning the World Technovation Award hosted in New York, USA, we were overcome with joy on this epochal attainment." Obi, while congratulating the girls, said there was need to also congratulate the governor of the state for sponsoring the girl's trip to USA, but contested that there were people and institutions who laid the foundation for the girls to excel. He credited himself as one of those who made the success of the girls possible. Also congratulating the proprietor of the school, His Grace, Most Revd. Dr. Valerian Okeke, the Archbishop of Onitsha, Obi added that his singular action of returning the management of erstwhile seized mission schools to their initial proprietors was the magic wand that led to the present success being enjoyed. He said, "All the way and through the manifestations of the positive outcomes of that strategic
The five girls; Promise Nnalue, Jessica Osita, Nwabuaku Ossai, Adaeze Onuigbo and Vivian Okoye who represented Nigeria at the World Technovation Challenge in the Silicon Valley in San Francisco, USA
initiative, Dr. Valerian Okeke would always remind Nigerians that the Peter Obi administration had set the pace for the grooming of the young ones to become real and effective leaders of tomorrow. "At every opportunity in his diocese, he would assert thus about Peter Obi by saying 'ife di ka gi akona anyi' meaning (What is like you should not elude us). During the Obi tenure in government house, Bishop Ezeokafor of Awka Diocese was more radical in his expressions about the handover of schools. "Though not to be interpreted literally, this clergyman often declared that any governor coming after Obi that did not follow his footsteps would see him (Ezeokafor) removing his soutane and fighting the person to a stand-still. "Some other clergymen like Archbishop Efobi – dismayed by the attitudes of successive administrators - were too short of words to describe the gesture of the then Governor Obi. On his part, Archbishop Efobi encompassed the sentiments of the Church of God with the biblical quote: 'When the righteous are on the throne, the people rejoice.’” Continuing, Obi said the latest achievement by the school was purely computer-based, and that
These men have had their high moments while in government, and no one can begrudge them, but they should be gracious enough to attribute this victory to Obiano, because they know nothing about it. This victory is a big one for Anambra, Ndigbo, Nigeria and Africa
he made computers available to schools in the state, and provided them with trained computer teachers, Internet connectivity, power generators, among others, adding that Regina Pacis – like many other schools in the state – received all these, including two buses and many more. He said even after vacating the government house, he had undertaken what he termed “Schools Apostolate” during which he had undertaken visits to quite a number of schools and contributed in concrete terms to their improvement. He said recently, he funded the relocation of a health centre sharing boundaries with Regina Pacis School, Onitsha, and the donation of the land to the school for their expansion. Interestingly, when the new building on the site of the demolished health centre was commissioned, the authorities duly invited him to the commissioning. Joining in the quest for the glory, former governor of the state and present Minister of Labour and Employment, Ngige, in a release made on his behalf by his media aide, Mr. Nwachukwu Ngige, said the credit should rather go to him. In his statement titled “Before they take all the credit”, Ngige highlighted that the standard of education known today in Anambra rested squarely on the formidable foundation laid afresh by him, between 2003 and2006. He recalled that the preceding government owed almost two years’ salaries to teachers and other categories of civil servants, but he decided to tackle the problem at the roots by instituting the Governor’s Executive Order to make salaries of civil servants deducted as first line charge from the consolidated revenue of the state. Ngige said his government saw the danger in revoking this Executive Order that birthed a robust, rewarding and result oriented state civil service, adding that it was under him that salaries for the first time got paid as and when due while pensioners enjoyed an instant 143 per cent rise. He said gratuity and severance benefits were also paid to deserving retirees. He further stated, "Moving straight to education, the administration signed the first Memorandum of Understanding (MOU) with religious bodies for the return of schools to the missions. We went a step further to approve a solid machinery for sustained government grants to these schools. This singular thoughtful administrative act was a master stroke that triggered the revolution in the state's basic education sector. The administration also initiated a strong partnership with UBEC and uplifted the status of primary and secondary
schools with new buildings, teaching aides, while recruiting new teachers." However, dismissing the claims, the CPS said Obiano's predecessors were merely looking for a way to take credit for a success that they never contributed to. He described the claims by Obi and Ngige as mischievous, while adding that both men would not have come forth to lay claim to any contribution if the girls had performed badly. He said: "These men have had their high moments while in government, and no one can begrudge them, but they should be gracious enough to attribute this victory to Obiano, because they know nothing about it. This victory is a big one for Anambra, Ndigbo, Nigeria and Africa. These are rural girls who grew up here in Onitsha and went to USA to compete with their fellow girls from all countries of the world and came out tops. "This is not football, this is not beauty pageant, this is not Big Brother Africa, all of which may not need too much inteligence to emerge victorious, this is serious academic work, and the girls competed with their counterparts from advanced countries and won. It is something that should inspire us that we are not limited by where we come from, it is not something that people should rush to take glory over. Meanwhile, this glory belongs to Obiano, it belongs to Anambra people. I have seen a few articles by the people you mentioned, but we do not want to join issues with them. The governor is doing his work silently, and we are achieving results and we are not making noise about it."
Befitting Welcome
Meanwhile, when the news broke, the state government planned a befitting welcome party for the girls. Prior to that, the governor had sent a message to the team, asking that they relax in San Francisco and take a deserved rest for one week at government's expense. Last week however, the girls arrived in pomp and pageantry and were given a welcome befitting of their new status. Eze disclosed that several offers from all around the world have been coming from people who want to offer scholarship to the girls. He said the governor was making arrangement about their rewards, just as a school in Turkey has also written to ask that the girls be sent to them on scholarship. Eze said the government would still deliberate on all of them and take a stand. It is still in doubt if the government would yield to the tempting offers as it would like to savour its victory in full.
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IMAGES
L-R: Wife of the Ondo State Governor, Mrs. Betty Anyanwu-Akeredolu; wife of Ekiti State Governor-Elect, Erelu Bisi Fayemi presenting Laptops to one of the beneficiaries, during the closing ceremony of the 2018 BEMORE Summer Bootcamp for girls, at the Federal University of Technology, Akure,...recently
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Photo Editor ÌÓÙÎßØ ÔËÖË Email ËÌÓÙÎßØ˛ËÔËÖË̶ÞÒÓÝÎËãÖÓàÏ˛ÍÙ×
L-R: Secretary, Abaren Land Committee, Mr. Bola Ogunlayi, Chairman, Mr. Bonnie Iwuoha-member, Mrs. Toro Oladapo-member, National President, Nigeria Union of Journalists, (NUJ) Mr. Waheed Odusile, Mr. Rechard Akinola-member and Chairman, Nigeria Union of Journalists, (NUJ) Lagos State Council, Dr. Qasim Akinreti at the Inauguration of NUJ Abaren Committee by National President, NUJ, Mr. Waheed Odusile held at NUJ secretariatn Alausa, Ikeja, Lagos...recently
L-R: Senior Special Assistant to Lagos State Governor on Community Affairs, Alhaji Tajudeen Quadri; Commissioner for Local Government and Community Affairs, Hon. Muslim Folami; Special Adviser, Communities and Communications, Hon. Akeem Sulaimon; Permanent Secretary in the Ministry, Fola Padonu and Director, Community Department, Alhaja Serifah Ewumi Dosumu, during a get-together for the members of the CDA and CAC across the state to celebrate 2018 Eid-el-Kabir, in Lagos...recently
L-R: Miss Kofoworola Osoteku; Second, Miss Nigeria International 2017, Miss Adesewa Adejoke Adewusi; winner 2018 Miss Ojude Oba beauty pageant, Miss Ololade Aminat Adeiye; Globacom representative, Mr. Folu Aderibigbe and Miss Halimat Olorode who came third at the Glo sponsored Miss Ojude Oba festival pageant in Ijebu Ode...recently
L- R: Oyo State Governor, Abiola Ajimobi; former Governor of Oyo State, Sen. Rasidi Ladoja; wife of Oyo State Governor, Mrs. Florence Ajimobi and former Governor, Otunba Adebayo Alao-Akala, during the 90th Birthday Celebration of Olubadan, at International Conference centre, University of Ibadan…recently PHOTO: FELIX ADEMOLA
R-L: A retiree under ARM’s Pension Manager, Madam Martina H. Ubokabasi; ARM Pension’s Head of Business Development, Abisola Onigbogi; PenCom’s Asst. General Manager Benefits and Insurance, Muhammed A. Umar; ARM’s Head Customer Experience and Relationship Management, Moronke Bamgbala; and ARM’s Regional Head, Abuja, Tunji Olabode, during ARM’s FCT annual retirement forum in Abuja...recently
L-R: Chairman, Senate Committee on INEC, Senator Nazif Sulaiman; member of the Committee, Senator Mohammed Hassan representing Yobe North and another member, Senator Sabi Abdullahi representing Niger North, when INEC Chairman and his Commissioners appeared before the Committee to defend the 2019 General Election Budget Proposal, in Abuja…recently Photo: Julius Atoi
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T H I S D AY • TUESDAY, AUGUST 28, 2018
BUSINESSWORLD R A T E S MONEY MARKET OBB OVERNIGHT
A S
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A U G U S T
REPO 6.75 7.92
Group Business Editor Obinna Chima Email: obinna.chima@thisdaylive.com 08024557078, 08091152219
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Quick Takes Access Bank Campaigns against Mosquito Access Bank Plc has shown its commitment to giving back to communities across Nigeria through partnership with other private enterprises. The bank is also supporting the work of non-profit organisations dedicated to improving the lives of the disadvantaged through outreach programmes, funding and infrastructural development, and peer-to-peer education. It also partners relevant government agencies to advocate for causes that affect citizens daily. The World Mosquito Day saw one of such partnership. Twentieth of August 2018, the annual World Mosquito Day, was chosen to recognise the role mosquitoes play in the spread of diseases like malaria, yellow fever and most recently, the zika virus which spread through Africa and Europe causing a global pandemic. Malaria is a major health concern in Nigeria causing an average of 6,000 deaths each year, predominantly women and children.
Group Unveils Digital Initiative
WOOING FOREIGN INVESTORS
L-R: Director General, Edo House, Abuja, Mr. Festus Osaigbovo; Edo State Governor, Mr. Godwin Obaseki; Chinese Ambassador to South Africa, Lin Songtian and Managing Director, ICMG Securities Limited, Michael Osime, after a business meeting between the governor and the Chinese ambassador in Abuja...recently
LCCI Faults FG’s Automotive Policy DZȱ ȱ Ĵ ȱ ȱ
Jonathan Eze The Chairman, Auto and Allied Sector group of the Lagos Chamber of Commerce (LCCI), Bambo Adebowale, has described the federal government’s automotive policy as unstructured and incomplete. Adebowale, who is also the General Manager, Nigeria/ Ghana, Mitsubishi Corporation, in an interview with THISDAY, said local assembly in the country was unlikely to improve because of the structure of the policy. The automotive policy was
ECONOMY introduced in October 2013 by former President Goodluck Jonathan administration, to revive the ailing auto industry. The objective of the policy was to encourage local manufacturing of vehicles and discourage importation of cars as well as gradually phase out used cars popularly known as ‘Tokunbo.’ However, Adebowale argued that the policy is just one of a three-part approach to rekindling the auto industry, while the other initiatives were a basket of fiscal provisions and a support
programme which have been neglected. He noted that there are missing links in the policy in spite of the good intention of the federal government. “We at the Chamber of commerce are surprised that for a sector responsible for over 90 per cent of passenger and freight movement, the level of attention isn’t there. “As much as it is commendable that the current government said that the automobile development is high priority in the 2017 Economic Recovery and Growth Plan, in reality, the
industry has received little structured support from the government or its agencies. “The policy was meant to increase local component use, improve technical skills and provide employment. “Employment figures of 500,000 were robustly announced an indication that the policy makers didn’t quite understand the auto market and were propagating academic proposals to economic situations. “It didn’t factor in increased technology, robotics, renewable Continued on page 22
We Cannot Recover N72bn Investment in Our Networks, Discos Say Chineme Okafor in Abuja The electricity distribution companies (Discos) in Nigeria’s power sector have cautioned the federal government against unilaterally investing N72 billion to upgrade their distribution networks, stating that they may not be able to recover it from the current tariff they charge for distributing power to consumers. Speaking through their umbrella association – the Association of Nigerian Electricity Distributors (ANED), in a statement, the Discos explained
ENERGY that they would have welcomed the planned investment but were cautious of it based on their evaluation of its processes. According to them, the investment if not evaluated and appropriated by the Nigerian Electricity Regulatory Commission (NERC), as part of the laws governing investments in their networks, would become a pitfall to their operations. They also pointed out the heavy illiquidity crisis in the sector as another reason for their cold shoulders to the
investment. “Ordinarily, any attempt to improve any aspect of the Nigerian Electricity Supply Industry (NESI) value chain - a value chain that was mostly neglected and inefficiently operated for the 62 years prior to the November 1, 2013 handover to private investors - would be praise worthy. “Particularly laudable is when such investment is coming from the government, as is the case now, establishing its determination to have “skin-in-the-game” and explicit acknowledgement of the urgency of turning around a
sector that is a vital contributor to the national economy. “Unfortunately, in this instance, the N72 billion initiative is one that, potentially, holds pitfalls that will undermine any expected positive outcomes that were the genesis of the government’s planning for it,” said the Discos. Giving reasons for their decision, they stated, “Government funds, albeit, based on a stranded 2,000MW capacity that is constrained largely by factors other than distribution Continued on page 22
Acknowledging that greater female participation in the digital economy will lead to more solid economic growth, the declaration issued by ministers at the G20 Digital Economy Ministerial Meeting in Salta, Argentina, contains an annex with proposals to help reduce the digital gender divide. According to estimates by the Organisation for Economic Cooperation and Development (OECD), some 250 million fewer women than men are online today. Women account for only 20 per cent of graduates in careers relating to information and communication technology (ICT). To change this scenario, the document identified the main obstacles to female digital participation. These include lack of access, education, skills and technological literacy, and inherent gender biases and socio-cultural norms. One of the first recommendations is for “raising awareness of the digital gender divide and the benefits that diversity offers and addressing stereotypes that hinder the full participation of women in digital transformations.” Building capacity to improve data collection, undergoing research that focuses on identifying access gaps between women and men, tackling barriers to access, connectivity and digital skill acquisition, and addressing gender biases instilled from an early age, are some of the suggested means to tackle the imbalances.
S’African Bond Sell-off Resumes South African bonds suffered twice the outflows of the next worst-hit emerging market at the height of the Turkey crisis as foreign investors scrambled to reduce volatility in their portfolios against a backdrop of rising economic risk, Reuters reported. Even with forward markets now heavily pricing in interest rates hike this year, which would boost the potential yield on local bonds, investors are dumping Pretoria’s debt with increasing speed. The Turkish lira has plunged nearly 40 per cent this year over investor concern about Tayyip Erdogan’s influence on monetary policy and a deepening row with the United States, sparking a wave of selling across emerging market assets. Data from the International Institute of Finance (IIF), an authority on global portfolio flows, this week showed $800 million (12 billion rand) bled out of South African bonds from the start of the month up to August 17, more than any other emerging market, including Turkey.
The transfer window will make the industry become very competitive, the operators will come up with so many innovations to attract and retain customers in the market
Acting DG, PenCom, Aisha Dahiru-Umar
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T H I S D AY • TUESDAY , AUGUST 28, 2018
BUSINESSWORLD LCCI FAULTS FG’S AUTOMOTIVE POLICY
energy and the imminent death of the combustion engine.” He explained further that when the government announced the fiscal policy measures for the industry, a key point was an increase on many HS code 87.03 items. “Duty on fully built cars became 70 per cent (35% duty plus 35% levy) unless you operated an assembly plant – 24 hours prior, the duty was 22 per cent. “Now, how do we plan making a success of the policy when some of key stakeholders, who stand to benefit from a properly structured auto industry, pursue self-interests – and though they are entitled to their own decisions, don’t we have an auto development council? What is the role of the Secretary of the Government of the Federation in Auto development?” he queried. He added, “Whoever advised the then Finance Minister on the policy overlooked the fact that the development of the industry requires finance, lots of it and upfront – for investment in assembly equipment, for training of technicians, to WE CANNOT RECOVER N72BN INVESTMENT IN OUR NETWORKS, DISCOS SAY
limitations should not be invested in a sub-sector that has been privatised. “It is the obligation and business of the investor to access debt financing for any such investments, freeing government funds for other more urgently needed social investments.” “Given the heavily regulated nature of the distribution sub-sector and that this planned expenditure falls outside of the legal/regulatory requirement that capital investment must be recovered through the tariff (based on Disco cost submissions to the regulator, Nigerian Electricity Regulatory Commission (NERC) and after mandatory public consultations), failure to adhere to this requirement will cause a problem of lack of recovery of the N72 billion,” they explained.
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NEWS
C’River Targets N13bnn Annually from Rice Seedling Factory Says 500,000MT annual cocoa production target on track Bassey Inyang in Calabar and Adedayo Akinwale in Abuja The Cross River State ggovernment has stated that it is working hard towards meeting its set target of generating about N13 billion from its Hybrid Rice Seedling factory inaugurated recently by President Muhammadu Buhari. The State Commissioner for Finance, Professor Anthony Eneji, who made the disclosure, told journalists recently, during a guided tour of the factory, located at the Ayade Industrial Park, that it was expected to provide hybrid rice seedlings for use by rice farmers in the country. “It is expected to meet the hybrid seed demands of the entire South-south and South-east zone,”Eneji said. During the visit, the commissioner said the factory was constructed at an estimated cost of N3 billion. He said the amount covered planning, design, construction and equipping the factory with machines, access roads, and the fields for cultivation of the seedlings. The commissioner said the production of the seedlings would commence on 1000 hectares of land. “If we get eight tons per hectare from each of these hectares, you multiply that by 1000 hectares, each harvest within three weeks or a month will yield a return of N1.2 billion…. “If you are selling one tone of hybrid rice at N150, 000, then you can use your calculator and do the arithmetic. You will know we are talking in billion of Naira,”he said. Eneji said now, the factory is wholly owned by the state government. “This is a totally self-sustaining project. If we manage it the way we are going, it can pay back whatever
we are putting into this investment in three to four years.... “For management reasons the state has created a special SPV called Cross River Rice Company and charged it with management responsibility. It is under the Ministry of Agriculture. It is a state project,” the commissioner said. He said the factory can handle rice seedlings of up to 200 or 300 hectares. Continuing, he said, “The seedlings are raised on demand basis. You know they have to be taken off within three weeks. “Our local rice; we are growing two tons per hectare at best.
But with our hybrid seeds, we are aiming at minimum 8.5 to 9 tons per hectare.” In a related development, the state government has assured that its target of achieving 500,000 metric tonnes of cocoa production annually was on course. The Special Adviser to the Governor on Cocoa Development, Dr. Oscar Ofuka disclosed this in Abuja, while updating journalists on the efforts being put in place by the state government a year after it held the first international cocoa summit organised in at Nicon Luxury Hotel, Abuja. He revealed that the state
government had embarked on aggressive cultivation of cocoa by acquiring 300,000 hectares of land for cocoa planting. Ofuka stated: “The governor’s vision is to ensure that we hit 500,000 metric tonnes of cocoa in a year, this is a very great because Nigeria as a country presently produces less than 300,000 metric tonnes. “It is not just growing cocoa, we are adding value to cocoa, because the governor has constructed ultra modern cocoa processing industry in the state. On completion, the industry will crush 30,000 metric tonnes of cocoa per annum.
“Our target is to ensure that we hit the target and possibly at a point in time overtake Ivory Coast Côte de Viore, who is the highest producer of cocoa in the continent, while Nigeria is fourth,” he said. Ofuka also revealed that in Akanpa area of the state, the state government had already acquired 3,8000 hectares of land for planting cocoa He noted that the brand of cocoa that state is growing is purely organic because it attracts premium, stressing that the entire land in the state is suitable for the cultivation of cocoa
BUSINESS MEETING
L-R: Country Head (Nigeria) Commonwealth Enterprise and Investment Council (CWEIC), Mr. Obinna Anyanwu; Managing Director, LADOL, Dr. Amy Jadesimi; Mr. Michael Ebbi and SSA to Lagos State Governor on General Duties, Office of Overseas Affairs & Investment (Lagos Global), Mr. Abiodun Dina, Baroness Chalker of Wallasey and Advisory Board Member CWEIC, Lynda Chalker; Chairman/CEO, Starzs Investment Company Limited, Mr. Greg Ogbeifun; MD, CZAR Projects Limited, Mr. Chiedu Nweke; Associate, AfricaMatters UK, Ms. Benita Ngere, and Special Representative to Governor of Akwa Ibom State, Mr. Samuel Bassey, at the CWEIC strategic partners lunch session in Lagos…recently
Oil Will Remain Relevant in Global Energy Mix, Says Shell Boss Chineme Okafor in Abuja Crude oil as a major component of the global and local energy mix, will continue to remain relevant in the medium term, but expectations on the commodity have gradually changed, the Managing Director of Shell Petroleum Development Company of Nigeria Limited (SPDC) and Country Chair of Shell Companies in Nigeria, Mr. Osagie Okunbor has disclosed. Okunbor stated this in an interview, in the July 2018 edition of the KPMG Nigeria CEO Outlook. “Oil will remain a relevant component of global energy mix, and even more so for Nigeria, over the next 10 to 15 years, if not more,” Okunbor said. According to him, “The mix will not radically change. What is clear is that society expects low-carbon footprints going into the future. I think that is key and everyone, particularly those who are as big as Shell, understands that and will work with society to change. “We are cutting our carbon footprint by a significant proportion going forward, not just
in terms of what we directly produce, but also our usage and our by-products. “This requires that we continue to refine our systems and processes to ensure that the carbon intensity of our production continues to go down.” He equally explained that Shell would significantly leverage technology and digitisation to further enhance its business systems, processes and operations in Nigeria, indicating the company had pioneered and continued to lead in technological breakthroughs in Nigeria’s oil industry. “We are a part of a global business and in our sector, what differentiates us is how we commercialise technology and grow top and bottom line with technology. We pioneered deep-water exploration and production in Nigeria. We continue to push boundaries and Shell in Nigeria takes maximum advantage of the technological and digital capabilities of the Shell Group,” he said. The Minister of State for Petroleum Resources, Dr. Ibe
Kachikwu, had predicted that in 10 years times he would be surprised to see oil remaining as a major revenue source for countries rich in the commodity. Kachikwu, had stated then
that, while European countries were moving rapidly towards using electric vehicles and cutting down their reliance on crude oil, countries like Nigeria would have to be fast
to diversify their economy and revenue from oil. He added that oil would at best be useful for powering the local economies of countries like Nigeria but no longer a revenue source.
LCCI FAULTS FG’S AUTOMOTIVE POLICY
wean users off used vehicles, to help in the purchase of assembled vehicles. “Five years down the line, the proposed finance isn’t in place. Less than 10 of the 27 banks offer vehicle financing, but you won’t touch those loans if you depend solely on a monthly salary. “The domino effect is that individuals and companies will turn to the cheaper vehicle market (less popular brands), the used vehicle market (tokunboh), or the smuggled vehicle market (banned car imports).” On whether there is any honest evidence of local manufacturing of vehicles in Nigeria presently, Adebowale said, “I suppose this was part of the success that the Minister of Trade and Investment, Dr. Okechukwu Enelamah refered to recently. “But we shouldn’t
get sentimental in this matter. We do not manufacture, we barely assemble and most of the finance and technology is foreign. “We still do not manufacture vehicles, we only assemble them, with most of the finance and technology for assembling vehicles still low and belonging to foreigners. “Some items like rubber, plastics, glasses that are critical to automobile production were part of the 41 items banned from accessing foreign exchange through the official market.” But the federal government has disagreed with Adebowale’s claims. Enelamah in a statement signed by his Special Adviser on Communication and Strategy, Bisi Daniels, said the government had relaunched the policy, adding that it was yielding
positive results and attracting investors from across the world. “The achievements made so far confirm the high potential of the policy to grow the automotive sector. “Presently many assembly plants in the country are in operation. Over 14 existing assembly plants like Peugeot Automobile Nigeria Limited (PAN), Innoson Vehicle Manufacturing Co. (IVM), Anambra Motor Manufacturing Company (ANAMMCO) and LeylandBusan have started assembling new products since 2014, and new ones have been established. “The policy has also generated interest outside the country. Recently, a delegation of international automotive investors, comprising original equipment manufacturers and other stakeholders visited the country.”
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BUSINESSWORLD
BeyondtheBeat CHIKA AMANZE-NWACHUKU
Tel: 08033294157, 08057161321 Email: chika.amanzenwachukwu@thisdaylive.com
Nigeria’s Infrastructure in Dire Need of Overhaul Infrastructure is the bedrock of the economy. A well-developed infrastructure is not only essential for attracting foreign investment, it is vital for long-term growth and competitiveness of countries worldwide. Robust infrastructure helps to determine one country’s success and another’s failure in diversifying production, expanding trade, coping with population growth, reducing poverty or improving environmental conditions. According to the World Bank’s World Development Report (1994), 1percent increase in the stock of infrastructure is associated with a 1percent increase in gross domestic product (GDP) across all countries. The poor infrastructural situation of Nigeria, Africa’s most populous nation, without a doubt, has very severe effect on peoples’ lives. The perennial electricity shortages, housing problems, lack of proper water and sanitation infrastructure are making Nigerian states unlivable. Similarly, infrastructure inadequacies, as well as inefficiencies in transport logistics such as roads, ports and rail transport are major hindrances to economic development. In fact, the deplorable state of Nigerian roads can best be described as national shame and the infrastructure that supports inland waterways that help transport goods to different parts of the country are lacking. Also, the health and education sectors are poorly funded; public schools are not getting the needed maintenance funding, eliciting concerns that huge funds allocated to these sectors in the annual budgets were diverted into private pockets. The rising population to an alarming level, above 180 million is adding to the strain and demands on the country’s infrastructure as well as the urgency to address the problems. With rapid population amid weak economy, low growth, food insecurity and unemployment, building and maintaining quality infrastructure is very vital to meeting demand from Nigeria’s growing population. In virtually all the states of Nigeria, there is no efficient waste collection system and no controlled landfill sites. Most Nigerians are even unmindful of the relationship between ways of disposing off waste and the resulting environment and health hazards. Lack of long term plans and counter-productive policies are also making things worse. The World Economic Forum (WEF)’s 2016-17 global competitiveness index ranked Nigeria’s infrastructure low (132 out of 138 countries), and poor infrastructure was identified in its 2016 Executive Opinion Survey, as one of the biggest constraints on doing business in Nigeria. Therefore, fixing Nigeria’s infrastructure problems, could attract more foreign direct investments, create millions of jobs; curb crime rate and boost tourism. Besides, robust infrastructure can provide a boost to many sectors, including steel, cement, auto, and real estate, leading to rapid economic growth and sustainable development. Another key benefit of adequate infrastructure, especially transport infrastructure, is the reduction of transport costs, which helps to create new markets, fosters competition, spurs innovation, lowers prices, raises productivity and in turn leads to increase in living standards. The administration of Muhammadu Buhari, which came into power in 2015, had emphatically stated that its focus would be on infrastructure; but more than three years down the line and despite the huge allocations for infrastructure financing, the situation has gone from bad to worse. From crumbling roads and bridges, which have resulted in loss of many lives and properties to persistent electricity shortages, to dilapidated public schools and health centres/ hospitals, water, transport and maritime, there
is little or nothing to show for the huge funds allocated to these sectors. A large part of the N9.12 trillion budget for 2018, signed on June 20 by President Buhari was allocated to infrastructure; a whopping sum of N1.6 trillion, which his administration described “as a rare feat in Nigeria’s economic history.” The initial N8.61trillion budget was raised to N9.12 trillion by the National Assembly. A breakdown of the budget estimates showed that the Ministry of Power, Works and Housing had the highest allocation with N715 billion for both recurrent and capital expenditure, Ministry of Interior got N577 billion, while Ministry of Education was allocated N542 billion. Also, Ministry of Health was allocated N356 billion, Transportation, N267 billion and Ministry of Water Resources, N155 billion.
Two months have passed since the president signed the budget, not much has been witnessed in terms of implementation. Instead all you read on the pages of newspapers almost on a daily basis is the signing of assorted contracts that will end up as mere paperwork
Minister of Bugdet and National Planning, Udoma Udo Udoma, while briefing journalists then on some of the projects to be carried out in the year stated that infrastructure, security and human development were the focus of the government. Specifically, he said N530.8 million would be used in constructing the terminal building at Akanu Ibiam International Airport, Enugu, and N8.32 billion for the construction of the second runway of Nnamdi Azikiwe International Airport, Abuja. Furthermore, he said that N162.28 billion was set aside as counterpart funding for railway projects, while N9.4 billion was earmarked for the Mambilla hydro-power project. Udoma also revealed that N344 billion was for the construction and rehabilitation of several roads nationwide and N26.7 billion allocated to National Housing Programme. The health sector was allocated N55.15 billion for the implementation of the National Health Act, while N300 million was for health emergencies and contagious diseases outbreaks. The jumbo infrastructure allocations was commendable because physical and social infrastructure are critical for a nation to function well, but many Nigerians were not thrilled at the report because in most cases, that is all you see at the end of the day. Year in, year out, successive governments allocate colossal amount of money for infrastructure financing, but these funds are often diverted into private pockets or/and utilised on frivolous projects to serve political interests. At the 2018 edition of the Annual IPI Conference in Abuja, Minister of Finance, Kemi Adeosun had reaffirmed that the Buhari government was committed to infrastructure development. Adeosun said since the present administration came into power in 2015, its focus was on infrastructure as it recognised the fact that “the only way we can really grow, develop and improve the cost of living or standard of living of our people, was to have an effective infrastructure”. She noted: “No country has been able to develop without infrastructure and it’s almost
amazing that we’ve been able to get as far as we’ve gotten without essential infrastructure, without roads, without power, without rail, without housing, without all the enablement that an economy needs to grow.” According to the minister, that informed why the present administration has continued to make efforts to improve the nation’s infrastructure. Adeosun had stated that “the N1.6 trillion allocated to infrastructure was a rare feat in Nigeria’s economic history and a confirmation of Buhari government’s commitment to infrastructural development.” “So one of the things that this government said from the beginning is, we are going to focus very strongly on infrastructure. “In the budget that just closed, we released close to 1.6 trillion on infrastructure and that has never been done in this country; so our commitment to spending on infrastructure is part of our Economic Recovery and Growth Plan and it’s imbedded in the budget that was just signed yesterday”. Adeosun also categorically stated that with the huge allocations, Nigerians will soon begin to clearly see the efforts of the government in terms of projects delivery. “There’s a huge allocation for infrastructure and I think that in the next few months, you’ll begin to see projects completed because some of these are multiyear projects. “You will see projects being completed and commissioned and people will see that this government has taken the project from beginning to end and finish things which is very important and we are committed to that.” she asserted. Two months have passed since the president signed the budget, not much has been witnessed in terms of implementation. Instead all you read on the pages of newspapers almost on a daily basis is the signing of assorted contracts that will end up as mere paperwork. The dearth of needed infrastructure has been one of the major factors restricting Nigeria’s economic growth and damaging its investment prospects; therefore government must take aggressive step to address the problem.
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ENERGY
Mohammed: How 800 Containers of TCN’s Transformers Got Trapped at Seaport For many years, up to 800 containers of electricity transmission equipment belonging to the Transmission Company of Nigeria were stuck at seaports in Nigeria. And for that long, the TCN, according to its Managing Director, Mr. Usman Mohammed, who spoke in an interview with Chineme Okafor, could not go on with the transmission projects it initiated to expand access to electricity in Nigeria. Providing details on how this came to be, Mohammed however discloses that about 693 of such containers had been recovered and taken over by the TCN. Excerpts: What is responsible for the recent industrial dispute at the Transmission Company of Nigeria (TCN)? Last year, the national branch of the SSAEAC (Senior Staff Association of Electricity and Allied Companies) wrote me and said they wanted their president to be the General Manager of Lagos. We had anticipated the vacancy in Lagos and conducted an interview in this regard. Six of them participated and this person – Chris Okonkwo (SSAEAC president) - came last in the interview, but he insisted I have to appoint him the GM Lagos and said I couldn’t do that because he is very divisive and if I appointed him as GM Lagos, there will be problems considering that we have two associations – SSAEAC and NUEE (National Union of Electricity Employees), and NUEE will not agree. Secondly, Lagos controls between 30 and 35 per cent of our transformers and you cannot just take anybody there. You have to appoint a well-organised person there if not, you will create problem. They however insisted that I have to appoint him, but we eventually agreed that I will appoint him GM, Material Control and posted him to Lagos but this didn’t go down well with him and he went on with fights. He also said my tenure has been without any success, but the TCN branch of SSAEAC that work with me here and did most of the jobs kicked against him because they felt bad and denounced his claims. He unilaterally suspended the TCN branch and the branch wrote to me on this to state that their suspension was illegal and made claims he had abused his office several times by illegally appropriating their check off dues. We intimated the Ministry of Labour and suspended transferring the check off dues of the workers to the union until they sort out their disagreements. He also set off the security agency against his members and we investigated and found him guilty of that and then issued him a query. The response we got from him was the rented crowd he got to protest against us and which you saw, but none of them is a staff of the TCN. But the protesting crowd or workers made strong allegations against your management? We are not surprised at the claims made by the rented protesters and this is because we have cancelled so many contracts. We have cancelled many and even in the last two months we have cancelled about four of them. I’ve cancelled the one in Damaturu, Wudil, Walalembe, Dambata, Yawuri and many others. I cancelled the contracts because they were not performing. Why should I leave them to continue to hold the contracts? Look, some Nigerians make this place their farm and continue to collect money on every appropriation, which shouldn’t be. But how can we have stable power supply with this kind of arrangement. Most of the contract we cancelled, we completed them at the rate of 10 per cent of their original cost. Specifically, the union alleged that you moved the containers you recovered from the ports to unknown destinations, is this true? All the contracts that are issued here are supply and installation contracts that are meant for specific locations. How do you take transformers from Apapa port for instance to the TCN store? The cost of offloading and unloading will run into millions, and so all the
vulnerable. Discos are collecting our money and give whatever they like, what I will call best endeavour basis. Generators are covered by payment assurance, but the only one that is not taken care of is the TCN and that is why we are the least paid in the industry. So, we had to go to multilateral donors like the World Bank to raise money for the expansion of the network. But you know you can’t use this money for operation. You cannot go to the World Bank and get money for running your system. The money you can get is for the expansion of your network, for hard investments. They can’t give you money for running your operations. So, this is the situation.
Mohammed transformers we are talking about have been transported to their installation points and some of them have been installed like that of the Enugu-Onitsha line. We also changed our procurement process to reflect our decision to move away from the past. How did the TCN even get to have up to 800 containers of transmission equipment stranded in the port? All the original equipment manufacturers want to do business in Nigeria but don’t want to participate in the installation. They will sign contract with a Nigerian firm and bid for projects. If the main joint venture is qualified and the agreement is signed, the original equipment manufacturer will get their payment under LC (Letter of Credit), ship the equipment to Nigeria and the local party will not clear the equipment in the ports. That was how we had 800 containers in the port when I came in. As at last month, we had cleared 693 containers and I can give you all the locations we have dispatched them to and that is how the unions are mischievous because they know the contracts were supply and installation in nature. We also negotiated the demurrage for the containers. How much was negotiated? Several billions were negotiated by the minister. He negotiated 70 per cent payment and we are paying them 25 per cent demurrage. Some of them have even been auctioned by the customs and we must follow the people that they auctioned them to and buy them off. So, the union cannot say they didn’t see them in the store. Your office was also recently closed by the FIRS, why was that?
The FIRS did an assessment some years ago before I came to the TCN and they came up with a number that TCN is owing them N30 billion. Now if you look at the N30 billion claim, it includes what we call legacy liabilities. But now the government is taking steps to take over this liability which was there before the sector was privatised. Also, we have constituted a committee to look into this as well. However, one of the problems that we have about this amount that they have against TCN is that they took our projected revenue and reached conclusions. But this cannot hold in the power sector because what we get as revenue at TCN is less than 40 per cent of our revenue. That is because the Discos don’t pay. So, one element is the legacy liability and the second element is this bogus calculation based on what they think is our revenue. Yes, our revenue is there, but we cannot collect it. Did they know this, did they know you’re not getting your due revenue? We have hired a consultant to reconcile this and we wrote to the FIRS to let them know about this. I don’t know what FIRS want to achieve with this because there was no notice to us that they want to lock our office and our consultant has just started work. As we speak, the TCN is not owing the FIRS because it is for us to sit down and reconcile given the fact that there is nobody in Nigeria that does not know we have liquidity crisis in the power industry and you cannot sit down and calculate your tax based on our revenue because you know the revenue is not collected, but if they want to collect the revenue, they can go to the Discos and collect it. Whether it is a script or whatever they want to achieve, it is up to them because if you look at the power sector, the TCN is the most
Does the FIRS lock out mean anything to you – your credibility and operations? We are sister-government agency. If the FIRS has anything against us, they are supposed to write to us and do reconciliation with us. We have appointed a consultant who has written them, why would they not engage the consultant? Why would FIRS not give us a notice they want to lock our office, is that normal? Every withholding tax is deducted first by us before we pay any of our contractors and if they don’t receive it, it is a matter of reconciliation. But maybe the FIRS want to collect tax and supply electricity that is why they locked our office. What we are doing to improve power supply in the country is enormous. We have installed more transformers to improve power supply and economic activities, it is the same FIRS that will benefit from this when people get more money and pay tax. If we don’t stabilise electricity they will get lower tax. This kind of action is bad. But we are now talking and doing reconciliation. You’ve continued to have issues with supply in Maiduguri, what really is the problem? You know Maiduguri is supplied from the 132kV line from Gombe-Biu-Damboa-Maiduguri, and that line is heavily constrained because it is old and a single circuit. It also passes through a Boko Haram prone area especially between Maiduguri and Damboe. Many times, they shoot and cut the wire and we have written the military, but you know this cannot stop especially when they are chasing the terrorists. Now, we don’t have an issue there, but on consistent basis, we have the problem and must always re-string the line when it is cut. We have a 330kV line from Gombe to Damaturu to Maiduguri and a 330kV in Maiduguri and Damaturu, but the Maiduguri substation has been completed and would have solved the problem of that area, but it cannot be energised until Damaturu is energised because Damaturu is a turn-in-turn-out line and the contract of Damaturu which was signed in 2006 has not been completed. We decided to cancel the contract three months ago. All the contracts we cancelled in the past we have completed them because our TCN engineers complete work at record time. We finished Kukuaba in few days even though it had lasted for 10 years; we finished KatsinaDaura in few years, as well as Wudil. That is what we are doing all over the country even in islands like Ilase in Lagos. Anyone we have problems like that we have to take over and have taken over the Damaturu contract. We hope that we will finish that in two months so that we can have the economic activities of that area back.
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BUSINESSWORLD
INDUSTRY
Generating Data for the Mining Sector Jonathan Eze writes that a bankable data for the mining sector will attract foreign investors to the country The acting Minister of Mines and Steel Development, Abubakar Bwari, recently disclosed that the Federal Executive Council (FEC) approved the sum of N12.7 billion for exploration and consultancy projects in the mining sector. According to him, the projects would help in getting accurate mining data, which would attract local and foreign investments. He also noted that major challenge in the diversification programme of the government in the mining sector has been that of data, which he said exploration data would focus on gold, industrial minerals, earth metals and iron ore. He explained that with four companies in exploration and four companies in consultancy side of the project, N12.7 billion worth of contract was awarded to the eight companies to commence work. “And with this, we will encourage both local and foreign investors to come in. Our major challenge is the bankable data, most mining companies will not want to come into your country when they are not sure of what they are going to meet. “We really need to explore because you cannot mine without information and information can only be gotten through exploration,” he stated. Elated by this development, the Miners Association of Nigeria, MAN, hailed the federal government over the approval of N12.7 billion for exploration data generation for investors and operators in the mining sector. The commendation was made by the National President, Sani Shehu, describing it as good omen and step in the right direction for the sector’s development and productivity. He said: “It is a good omen for the sector. I mean operators and other stakeholders. As operators we understand the critical nature of data generation in a formalised mining situation, therefore, data generation of this magnitude cannot be done except by the government. “So, I think it is a step in the right direction and that would also attract foreign investments. “This will also simplify our search for minerals, so business can be made with ease. I think that tallies with government’s initiative of ease of doing business.” However, he said on the statement of the minister, more details were required. “Who is going to do what, which states the exploration will be done, the minerals mentioned are in many states, and we do not know which of them the exploration will be carried out, when is it to be carried out? So we need to await details from the Minister for further comments.” He added that the amount approved cannot cover all the states in the country for mining data generation, which will lead to selection of states for exploration activities based on the approved N12.7 billion by the government. “The N12.7 billion will not be able to adequately cover all the states in Nigeria, so there would be selection of states to start with, and as for exploration time goes on I know more funds would be made available for the continuous exploration exercise”. Indeed, Nigeria is endowed with vast reserves of solid minerals, including, but not limited to, precious and base minerals, industrial minerals, energy minerals and metals. The country was a major exporter of tin, columbite and coal in the 1960s to early 1970s. However, activities in this sector began to nose-dive considerably by the mid-1970s due to political and economic factors, especially the significant focus on crude oil production as a major source of foreign exchange for the country. Successive governments at the federal level had demonstrated commitment to revamp the sector. For example, in 1999, a new national focus and strategy on mining evolved and this culminated in the enactment of the Nigerian Minerals and Mining Act (the Act) in 2007, amongst other policy efforts.
Coal mining However, these efforts only led to a minuscule growth in the sector; with the sector’s contributions to the Gross Domestic Product (GDP) remaining at less than one per cent as at 2015. By the first half of 2016, Nigeria entered into a period of economic recession, which continued in the third quarter of the year.
And with this, we will encourage both local and foreign investors to come in. Our major challenge is the bankable data, most mining companies will not want to come into your country when they are not sure of what they are going to meet
Owing to that, as part of the economic recovery plan, the government prioritised the diversification of the country’s revenue base as paramount and identified agriculture and mining as the pivotal sectors. To demonstrate government’s commitment to the diversification plan, the Ministry of Mines and Steel Development (MMSD or the Ministry) issued a revised sector growth and development roadmap, with the objective of addressing the key challenges identified in the sector and outlining strategies for rapid development and utilisation of key minerals and metals. One of the targets of the roadmap is the growth of the sectors’ total contribution (direct and indirect) to GDP to about 10 per cent by 2026. In order to adequately reposition the sector, the federal government launched a N30 billion intervention fund to open up the sector to multinational companies. The fund will be used to promote exploration and research. Government expressed desire to negotiate with respect to the concession of the country’s railway infrastructure to boost evacuation. Nigerian’s mining sector can be categorised according to the key activities in the sector as follows: exploration and mining (upstream), processing and beneficiation (midstream), and marketing and transportation (downstream). Only the upstream and downstream subsectors are currently active. The federal government plans to implement some initiatives to enliven the mid-stream sub-sector. For example, there are plans to bolster production and beneficiation of industrial and ferrous minerals by initiating policies that stipulate minimum local content threshold for the utilisation of these minerals by various industries/sectors. Whilst the downstream sub-sector is dominated by individuals and indigenous companies, the upstream sub-sector is dominated by small scale/artisanal miners, and
local integrated manufacturing companies (for example, cement manufacturers that extract limestone for use). Also, a few mining companies have executed joint venture arrangements with indigenous companies for mining operations. As at December 2016, a total of 2,395 companies and individuals were licenced to operate in the upstream sub-sector. All of these entails that the sector needs regulation to coordinate its activities for optimal performance. Thus in February 2018, it was announced that the federal government concluded arrangements to establish the Nigerian Mining Commission to take charge of the regulatory role of the Ministry of Mines and Steel Development. This is to ensure predictability in the mining sector and boost local and international investments. The former minister of Mines and Steel Development, Dr. Kayode Fayemi, who disclosed this had said the law setting up the commission was already with the National Assembly. Fayemi at the forum, with the formal presentation of the new Airborne Electromagnetic Survey results amid endorsements for the country’s mining sector reforms by experts, operators and developmental agencies. The minister had stated then, that the government was determined to strengthen regulation in the sector as well as ensure the improvement of its geological data. He said the commission would not only be the final authority on regulatory matters, it would also take charge of mining leases. Fayemi had also noted that the delivery of the geological data was in line with government’s desire to ensure bankable geological data that would be an incentive to investors. He had stated that the ministry would undertake more extensive electromagnetic airborne geological survey of some promising parts of the country this year, as well as the completion of the National Mineral Database.
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PROPERTY & ENVIRONMENT Sterling Adopts Unique Strategies to Combat National Housing Deficit Sterling Bank Plc has adopted unique strategies to increase the nation’s housing stock. Bennett Oghifo reports
T
he huge deficit level in Nigeria’s housing sector is worrisome. As at 2012, experts estimated the deficit to be at a minimum of 17 million units and recently raised an alarm that the figure could be up to 25 million units if a proper investigation of the state of affairs in the sector is undertaken. Worse still, experts say the majority of Nigerians live in blighted areas that are unfit for human habitation. Affirming this, Minister of Power, Works and Housing, Mr. Babatunde Fashola, disclosed that Nigeria has been contending with a huge deficit in the housing sector over the years. He decried the current situation which effectively enables only one percent of the Nigerian population access mortgage facilities, saying it is extremely low relative to a country like the United Kingdom with 77 percent. Fashola expressed concern that the deficit is apparent both on the supply and demand sides. According to him, it is not just that the housing situation is grossly inadequate to satisfy the needs of the population, access to mortgage is also inadequate. The minister noted that financial institutions have allocated barely one percent of their loan portfolios to housing and about 11 percent to construction in the last 30 years. Against this backdrop, it is commendable that Sterling Bank Plc is partnering with real estate development firms to reduce the country’s housing deficit. The bank’s housing sector interventions are being executed by its Commercial, Institutional and Non-Interest Banking Groups through partial and full financing of viable real estate development projects across the country.
At the 2018 City People Real Estate Awards, Sterling Bank Plc was named the most Real Estate Friendly bank of the year for the significant role it is playing in the housing sector. The innovative model the bank has adopted to cater to the demand and supply sides is noteworthy. As a member of the Nigerian Mortgage Refinance Company (NMRC), Sterling Bank has been able to mobilize funds for home-finance/mortgage refinancing. While receiving the award, Basheer Oshodi, Phd, Group Head, Non-Interest Banking, Sterling Bank Plc revealed that the bank has committed significant resources to the real estate development sector to ameliorate the impact of the huge national housing deficit on citizens across different socioeconomic classes. According to Mr. Oshodi, judging from the impact the bank has made in retail real estate financing, it is ready to provide credit to real estate developers who adopt prudent project selection and management models. Some of the housing estates include the part-financing of Crown Court Mabushi in Abuja for Crown Realities Plc. The project comprises 72 units of 3-bedroom flats, 18 units of 4-bedroom semi–detached houses and 16 units of detached 4-bedroom houses. Prior to this, Sterling Bank had part-financed the prestigious Crown Estate in Lekki, located on a 41.7 hectares gated private estate along the LagosEpe Expressway in 2000. Other residential projects part–financed by Sterling Bank in collaboration with developers include Diamond Estate, Amuwo Odofin, Lagos; 360 low-cost housing units for Diya Fatimilehin & Co., Friends’ Colony Estate, Lekki Lagos; a 210 semi–detached and
L-R: Head, Non-Interest Banking Investment, Sterling Bank, Abimbola Olukoju; Publisher City People Magazine and Awards Convener, Seye Kehinde; and Group Head, Non-Interest Banking, Sterling Bank Plc, Basheer Oshodi, during the presentation of the Most Real Estate Friendly Bank Award to Sterling Bank in Lagos… recently
detached housing units for Aircom Nigeria Limited, Common Wealth Court, Lekki; 36 apartments of Defacto Properties Limited and Bourdillon Court Estate, Lekki, Lagos comprising 192 housing units (flats and Terrace houses) for Aircom Nigeria Limited. Others are Cromwell Court’s 180 units of apartments; Milverton Estate’s 240 units of apartments, Northern Foreshore Estate’s 566 mixed housing units; Napier Garden’s 220 mixed housing units, all for Aircom Nigeria Limited in Lekki, Lagos and Tarino Towers’s 29 units of apartments for FMT Parkview Limited located in Ikoyi, Lagos. Sterling Bank also partfinanced Visage Apartment’s Victoria Island Lagos, 40 units
of apartments for Sat Leasing Limited on Victoria Island, Lagos; Primewaterview Gardens’s, phases I & II 539 units of apartments for Primewaterview Ltd in Lekki Lagos; Eko Court, Parkview Estate’s,12 units of apartments for Samtl Properties Ltd in Ikoyi, Lagos; Happy Haven’s Banana Island’s 16 units of apartments for Samtl Properties Ltd in Ikoyi, Lagos; Doby Haven’s 20 units of apartments for Eco Building Ltd in Lekki, Lagos and Pearly Gate Estate’s 40 mixed housing units for Edward Properties Konsult. The bank has also wholly financed another residential estate for Crown Court in Durumi, Abuja which was inaugurated recently by the Minister of the FCT, Mr. Mohammed Bello.
Managing Director and Chief Executive, Crown Realties Plc, Mr. Darl Uzu, commended Sterling Bank for stepping in to provide critical financing for development projects in the country, particularly in a period of recession. Uzu said the financial institution has proven to be a dependable partner in times of need for Crown Realities Plc. “At the height of the recession when funds were scarce and investors’ confidence was at its lowest, Sterling Bank stood by us and extended credit to finance our operations,” he said, adding that Crown Realties will not disappoint the bank and will do everything possible to further strengthen the confidence reposed in the company. “We’ll always do our
part every time.” Extending its successful Public Private Partnership model into the real estate development sector, the bank financed Sterling Court Housing Estate in collaboration with Lagos State Government through Agboyi-Ketu Local Council Development Area. Conceptualised by the concessionaires in 2009, Sterling Court is located within Ajelogo Housing Scheme in Alapere, Lagos. It consists of contemporary apartment building designs, ultra-modern terraces and duplexes which meets housing needs of middle class families. The housing project covers the construction of 40 blocks of 320 housing units, commencing with 26 blocks of 116 housing units in the first phase in 2017.
WaterAid: 60M People in Nigeria Live Without Adequate Access to Water Over 120m lack decent toilet Bennett Oghifo Statistics reeled out recently by WaterAid Nigeria shows that 33 per cent (about 60 million) of people in Nigeria are currently living without adequate access to water; 67% (over 120 million people) do not have a decent toilet; and 26% (about 47 million people) practice open defecation. WaterAid, which has an office in Nigeria, is a global organisation with branches across the world. It enables the world’s poorest people to gain access to safe water, sanitation and hygiene education. The organisation believes that these basic human rights underpin health, education and livelihoods and form the first, essential step in overcoming poverty. Presenting the water and
sanitation situation in Nigeria, the Country Director, WaterAid Nigeria, Dr. ChiChi AniagoluOkoye said, “Nigeria is at the precipice of a water, sanitation and hygiene catastrophe. Despite the progress achieved between 1990 and 2015 for access rates to improved water sources, Nigeria has regressed with regard to access to piped water service. Access to piped water on premises in urban areas dropped from three in every 10 persons in 1990, to even less than one in 2015.” The country director of WaterAid Nigeria stated this in her presentation at a workshop in Nairobi, Kenya, organised by the Media for Environment, Science, Health and Agriculture (MESHA), an association of writers, journalists and communicators who specialise in reporting science
for development; the Centre for Science and Environment (CSE), a leading research and advocacy think tank based in New Delhi, India; and the Kenya Network for Water and Sanitation. The workshop for journalists in Africa discussed, among other things, how to improve coverage of water and sanitation in the African media. ChiChi Aniagolu-Okoye said a major intervention was the federal government’s “declaration of a state of emergency in water and sanitation. In addition to declaring a state of emergency, the Federal government has also enacted enabling policies and programmes in the last three years towards achieving the goal of SDG 6.” Other interventions are the Development of the Partnership for expanded WASH (PEWASH) policy
2016-2030. The PEWASH articulates the government’s plans to reach 100% coverage for WASH services in rural areas. The document sets out a framework for coordination and investment among key sector stakeholders and across the three tiers of government, according to her. There is also the development of a National WASH Action Plan that sets out a 13-year strategy, including an 18-month emergency phase. It includes the establishment of a National WASH Fund for increased financial investment for WASH. She said Nigeria has a national sanitation roadmap 2025 which provides a guide towards achieving an open defecation-free country; a Water Bill for the proper regulation of water provision and use
in the country. The bill has passed the 3rd reading at the National Assembly; improved coordination of sector actors through the National Task Group on Sanitation, revitalisation of the task group on water quality, setting up the inter-ministerial committee on sanitation to facilitate high level engagements between relevant ministries, improved engagement with development partners, development of draft national monitoring framework (National WASH Information System (NAWIS) WASH information Management System (WASHIMS). She said despite these laudable steps, a lot still needed to be done to ensure that Nigeria meets SDG 6 Goals by 2030, saying there was need for strong political will that would ensure “improved funding for
the section, including plugging leakages to ensure the funds that do come to the sector are properly utilised; better coordination of stakeholders -government, donors, CSOs; an effective monitoring system that includes a high level task force chaired by the minister and includes government, bureaucrats, CSOs, the religious, traditional rulers, representatives of women, girls and people living with disabilities groups which meets monthly basis to track progress. Others are improved private sector involvement; Hygiene Behaviour Change programme that works and is sustainable. WaterAid, she said “is throwing its weight behind this audacious step of the federal government to support the realisation of the expected goals of SDG 6.”
T H I S D AY ˾ TUESDAY AUGUST 28, 2018
29
T H I S D AY Ëž AUGUST 28, 2018
30
BUSINESS/MONEYGUIDE
Dangote: Manufacturing Key to Economic Growth Jonathan Eze An Executive Director at the Dangote Group, Hajiya Halima Aliko-Dangote has urged millennials in Nigeria and across Africa to diversify from service-oriented enterprises to manufacturing and agriculture in a bid to fast-track growth and economic development in the continent. Dangote said the economic realities around the world had shown that the way to go was agriculture and that the youths must take the lead more when most African countries are still grappling with low economic growth. Addressing the 58th Conference of the Nigerian Bar Association (NBA) in Abuja yesterday, she said African countries have been gropping in the dark for too long, urging the millennials to stand up to be counted as the future of the continent. In her paper titled “Roles of Millennials in Transition and Institution Building�, the Dangote Group Director, explained that the youths have the potential to turn around the fortune of the African continent. She stated that “Millennials are young ones born between 1980 and the mid2000s, who account for 27% of the global population (about 2 billion people) and Sub-Saharan Africa alone is home to 13% of
the entire millennial population, ranking second to Asia. According to her, “available statistics have also revealed that by 2025, 75% of the global workforce will be millennials, large enough to influence consumer spending patterns; change consumer business models and impact the global economy. Most members of this generation are at the beginning of their careers and so will be an important engine for economic growth in the decades to come.� She further stated that the theme of the conference which was “Transition, Transformation, and Sustainable Institutions,� could not have come at a better time than now and therefore lauded the association for coming up with a subject that Nigeria and Africa needed to discuss. She congratulated the outgoing President of the NBA, Mr. A. B. Mahmoud as well as the incoming President, Mr. Paul Usoro, and “all my learned friends here for successfully continuing with the vision handed down by the fathers and founders of the Association.� The Executive Director also urged millennials and other relevant stakeholders to exercise restraint in the face of common desperation for wealth by their contemporaries adding that, “Success in entrepreneurship takes time, dedication and hard work. There is a need to
disabuse our mind from the concept of overnight success. Industrialisation requires patience and perseverance.� She also spoke extensively on the successes recorded by the Dangote Group, founded by her father, Aliko Dangote, in creating numerous jobs and establishing value-adding industries and contemporary businesses through importation, manufacturing and backward integration to generate and highlight local content for overall development. While noting that the achievement by the group did not come easy, she said “the Millennials should see these opportunities and diversify from service-oriented enterprises to manufacturing enterprises. Manufacturing has the capacity to create numerous jobs, develop an economy, sustain jobs and open other linkages.� She noted that millennials are leaders in transition and are evolving. To her, “With smartphones and connections, the Millennials can exert much influence and swing the outcome of a situation. This confers on them great role and responsibility in shaping the outcome of policies and politics in a nation�. In the same vein, the Managing Director of Mojec Holdings, Chantelle Oluwabumi Abdul, said her company controls about 80 per cent of metering in the power sector in West Africa.
Oando Eyes Growth after Curbing $2.5bn Debt Oando Plc is looking to boost crude output from next year as the Nigerian producer breaks the back of a $2.5 billion debt burden built up through the 2014 acquisition of oil and gas assets from US giant ConocoPhillips. The borrowings will be almost 90 percent lower by the third quarter of 2019 and the company is now preparing for its next stage of development, Oando’s Chief Executive Officer, Wale Tinubu, was quoted to have said in an interview with Bloomberg. “We have purchased enough reserves and our job should really be to exploit those reserves,� he said. Tinubu had said the company would soon begin to
deliver returns to shareholders. Tinubu, who stated this at the annual general meeting (AGM) of the company in Lagos last month, had said despite the challenging yet improving operating environment, the company remained bullish on its prospects for the future and ability to grow as a business. “The initiatives executive over the past years have shifted our assets portfolio towards an optimum and efficient level to provide the returns our shareholders deserve. We look forward to a fruitful 2018 when those initiatives begin to deliver the expected returns and in turn grow shareholder value,� he said. Oando reported a profit after
tax (PAT) of N8.5 billion for the half year(H1) ended June 30, 2018, showing an increase of 86 per cent from N4.6 billion recorded in the corresponding period of 2017. Commenting on the results, Tinubu said: “I am pleased to report that Oando Plc has made significant progress in 2018, evidenced by our substantial free cash flow generation and profitability. Oil prices have rallied over the last year, a direct consequence of increasing demand and reduced supply. Higher oil prices, and the resolution of Joint Venture funding challenges with the Nigerian National Petroleum Corporation has driven increased investment in the upstream sector.�
L-R: Managing Director, Ecobank Nigeria, Charles Kie; Young Artist, Kareem Waris and Company Secretary / Chief Legal Counsel, Adenike Laoye, during the agreement signing ceremony on the adoption of Waris by Ecobank in Lagos‌yesterday
MARKET INDICATORS MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
MARCH 2018 Broad Money (M2)
24,303,049.86
-- Narrow Money (M1)
10,912,604.10
---- Currency Outside Banks
1,668,378.21
---- Demand Deposits
9,244,225.90
-- Quasi Money
13,390,445.76
Net Foreign Assets (NFA)
15,619,134.18
Net Domestic Assets(NDA)
8,683,915.68
-- Net Domestic Credit (NDC)
26,267,136.53
---- Credit to Government (Net)
3,823,345.45
---- Memo: Credit to Govt. (Net) less FMA
5,433,209.43
---- Memo: Fed. and Mirror Accounts (FMA)
-1,609,863.98
---- Credit to Private Sector (CPS)
22,443,791.08
--Other Assets Net
-17,583,220.85
Reserve Money (Base Money)
6,746,646.49
--Currency in Circulation
1,668,378.21
--Banks Reserves
4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹
Money Market Indicators (in Percentage) Month
March 2018
Inter-Bank Call Rate
15.16
Minimum Rediscount Rate (MRR)
Osinbajo, IBB, EmeďŹ ele, Others to Launch Book on Accountancy Ndubuisi Francis Ă“Ă˜ ĂŒĂ&#x;ÔË The Vice President, Prof. Yemi Osinbajo is expected to deliver the keynote address at the public presentation of a book titled ‘Revolution of Accountancy Profession in Nigeria: History of the Association of National Accountants of Nigeria (ANAN)’, authored by Olumuyiwa Sosanya. The event, billed for the Shehu Musa YarAdua Centre, Abuja, on August 30, is being organised by CSS Bookshops Limited in collaboration with Soluas Associates. The Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, the Accountant General of the Federation, Ahmed Idris, Auditor-General for the Federation (AuGF), Mr. Anthony Mkpe Ayine, and Chairman of the Federal Inland Revenue
Service (FIRS), Babatunde Fowler are expected at the presentation. In a statement by the organisers, while the Vice President, Prof. Yemi Osinbajo is expected to deliver the keynote address, the chief host is a former military president, Gen. Ibrahim Badamasi Babangida. The national leader of the All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu will chair the occasion while the special guest of honour is a former head of state, Gen. Abdulsalam Abubakar (rtd). According to the statement, the guest speaker is the Minister of State for Planning and Development, Benin Republic, Abdoulaye Bio Tchane, while the royal father of the day is the Emir of Kano, Lamido Sanusi Lamido, among other traditional rulers, friends and associates of the author.
The co-chief launchers include the Chairman/CEO, Oriental Energy Resources, Alhaji Muhammadu Indimi; President of Dangote Group, Alhaji Aliko Dangote; Mrs. Folorunso Alakija and Chairman of Globalcom, Chief Mike Adenuga. Other expected guests include: Chief Mrs. Folake Solanke (SAN); Lagos State Governor, Akinwunmi Ambode; Kogi State Governor, Yahaya Bello; Governor Ibrahim Hassan Dankwambo of Gombe State and his Yobe State counterpart, Ibrahim Geidam. Others are Senator Ahmed Makarfi, Edo State Governor, Godwin Obaseki; Ogun State Governor, Ibikunle Amosun; Cross Rivers State Governor, Prof. Ben Ayade; Kaduna State Governor, Mallam Nasir el-Rufai, and Kashim Shettima of Borno State, among others.
Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE AS AT WEDNESDAY AUGUST 15, 2018
The price of OPEC basket of ďŹ fteen crudes stood at $69.77 a barrel on Wednesday, compared with $71.33 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), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Qatar Marine (Qatar), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela) SOURCE: OPEC headquarters, Vienna
˾ TUESDAY, AUGUST 28, 2018
32
Nigeria Daily Stock Market Report:
Thisday Afrinvest 40 Index Gains 31bps Yesterday, Monday 27th August 2018, the Thisday Afrinvest 40 index advanced 31bps ƚŽ ƐĞƩůĞ Ăƚ ϭ͕ϰϯϳ͘ϵϯ ƉŽŝŶƚƐ ǁŚŝůĞ zd ƌĞƚƵƌŶ ŝŵƉƌŽǀĞĚ ƚŽ – ϲ͘ϴй͘ dŚĞ ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ŽĨ ƚŚĞ ŝŶĚĞdž ǁĂƐ ĚƵĞ ƚŽ ƉƌŝĐĞ ůŽƐĞƐ ŝŶ GUARANTY (+1.3%), ZENITH (+0.2%) and NIGERIAN BREWERIES (+0.5%) which ĐƵŵƵůĂƟǀĞůLJ ĂĐĐŽƵŶƚ ĨŽƌ ϰϭ͘Ϭй ŽĨ ƚŚĞ ŝŶĚĞdž͘
WƌŽĮƚ dĂŬŝŶŐ ŝŶ E' D ƌĂŐƐ ƋƵŝƟĞƐ DĂƌŬĞƚ͙ ASI down 32bps dŚĞ ĞƋƵŝƟĞƐ ŵĂƌŬĞƚ ƐŚĞĚ ŐĂŝŶƐ ĨƌŽŵ ƚŚĞ ƉƌŝŽƌ ǁĞĞŬ ĂƐ ƚŚĞ ůů ^ŚĂƌĞ /ŶĚĞdž ; ^/Ϳ ĚĞĐůŝŶĞĚ ϯϮďƉƐ ƚŽ ϯϱ͕ϯϭϭ͘ϯϲ ƉŽŝŶƚƐ͘ Ɛ Ă ƌĞƐƵůƚ͕ zd ůŽƐƐ ǁŽƌƐĞŶĞĚ ƚŽ ϳ͘ϳй ǁŚŝůĞ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝnjĂƟŽŶ ĚĞĐƌĞĂƐĞĚ ďLJ Eϰϭ͘ϬďŶ ƚŽ EϭϮ͘ϵƚŶ͘ dŚĞ ŶĞŐĂƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ĚƌŝǀĞŶ ďLJ ƉƌŽĮƚ ƚĂŬŝŶŐ ŝŶ E' D (-2.1%) as ex E' D ƚŚĞ ŵĂƌŬĞƚ ǁŽƵůĚ ŚĂǀĞ ĐůŽƐĞĚ ϰϯďƉƐ ŚŝŐŚĞƌ͘ ^ŝŵŝůĂƌůLJ͕ ĂĐƟǀŝƚLJ ůĞǀĞů ǁĂŶĞĚ ĂƐ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ĨĞůů ϲϲ͘ϳй ĂŶĚ ϱϲ͘ϲй ƚŽ ϭϳϱ͘ϴŵ ƵŶŝƚƐ ĂŶĚ Eϭ͘ϵďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ dŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀŽůƵŵĞ ǁĞƌĞ E , K ;ϭϵ͘ϮŵͿ͕ ^^ ;ϭϲ͘ϴŵͿ͕ ĂŶĚ / DKE ;ϭϯ͘ϮŵͿ͕ ǁŚŝůĞ NESTLE ;EϮϳϬ͘ϳŵͿ͕ ZENITH ;EϮϯϬ͘ϰŵͿ ĂŶĚ BETAGLASS ;Eϭϵϳ͘ϵŵͿ ǁĞƌĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀĂůƵĞ͘
ƵůůŝƐŚ ^ĞĐƚŽƌ WĞƌĨŽƌŵĂŶĐĞ ĐƌŽƐƐ ƐĞĐƚŽƌƐ͕ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ůĂƌŐĞůLJ ƉŽƐŝƟǀĞ ĂƐ ϰ ŽĨ ϱ ŝŶĚŝĐĞƐ ĐůŽƐĞĚ ŝŶ ƚŚĞ ŐƌĞĞŶ͘ dŚĞ ĂŶŬŝŶŐ ĂŶĚ /ŶƐƵƌĂŶĐĞ ŝŶĚŝĐĞƐ ƌŽƐĞ ϭ͘Ϭй ĂƉŝĞĐĞ ĂƐ ŝŶǀĞƐƚŽƌƐ ƚŽŽŬ ƉŽƐŝƟŽŶ ŝŶ GUARANTY (+1.3%), UBA (+1.9%), h^dK / E (+4.2%) and LINKASSURE (+9.5%). The Kŝů Θ 'ĂƐ ĂŶĚ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚŝĐĞƐ ƚƌĂŝůĞĚ͕ ŝŶĐŚŝŶŐ Ϭ͘ϱй ĂŶĚ Ϭ͘Ϯй ŚŝŐŚĞƌ ƌĞƐƉĞĐƟǀĞůLJ ĂƐ dKd > (+1.9%), &>KhZD/>> (+9.8%) and NIGERIAN BREWERIES ;нϬ͘ϱйͿ ƌĞĐŽƌĚĞĚ ŐĂŝŶƐ͘ KŶ ƚŚĞ ŇŝƉ ƐŝĚĞ͕ ƚŚĞ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ǁĂƐ ƚŚĞ ůŽŶĞ ůŽƐĞƌ͕ ĚŽǁŶ Ϭ͘ϴй ĂƐ ŝŶǀĞƐƚŽƌƐ ŬĞĚ ƉƌŽĮƚ ŝŶ E' D (2.1%).
THISDAY AFRINVEST 40 INDEX Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
/ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ ƐƚƌĞŶŐƚŚĞŶĞĚ ƚŽ ϭ͘ϵdž ĨƌŽŵ ϭ͘Ϯdž ƌĞĐŽƌĚĞĚ ŽŶ &ƌŝĚĂLJ ĂƐ Ϯϲ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϭϰ ƐƚŽĐŬƐ ƚŚĂƚ ĚĞĐůŝŶĞĚ͘ dŚĞ ďĞƐƚ ƉĞƌĨŽƌŵĞƌƐ were NIGERINS (+10.0%), / DKE (+10.0%) and &>KhZD/>> ;нϵ͘ϴйͿ ǁŚŝůĞ &/Z^d >hD (-10.0%), /< : ,Kd > (-9.7%) and UNIVINSURE (-9.1%) were ƚŚĞ ǁŽƌƐƚ ƉĞƌĨŽƌŵĞƌƐ͘ /Ŷ ƐƵďƐĞƋƵĞŶƚ ƐĞƐƐŝŽŶƐ͕ ǁĞ ĞdžƉĞĐƚ Ă ƉŽƐŝƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ ĂƐ ŝŶǀĞƐƚŽƌƐ ƉŽƐŝƟŽŶ ŝŶ ďĞůůǁĞƚŚĞƌƐ ǁŝƚŚ ĂƩƌĂĐƟǀĞ ĞŶƚƌLJ ƉƌŝĐĞƐ͘
THISDAY AFRINVEST 40
ROE
ROA
P/E
P/BV
Divinden Earnings d Yield Yield
1,437.93
0.31%
-6.8%
43.8%
20.2%
7.1%
6.1x
0.8x
6.1%
Guaranty Trust Bank PLC
38.00
1.3%
21.4%
-6.7%
-6.3%
35.8%
5.4%
5.8x
2.3x
7.1%
17.2%
2
Zenith Bank PLC
22.00
0.2%
12.0%
-14.2%
-15.2%
25.6%
3.6%
3.7x
1.0x
12.5%
26.7%
3
Nigerian Brew eries PLC
100.50
0.5%
7.2%
-25.5%
-25.6%
15.9%
n
28.9x
4.7x
4.1%
3.5%
4
Nestle Nigeria PLC
1,500.00
0.0%
8.3%
-3.6%
-3.6%
92.0%
23.0%
30.8x
26.7x
2.8%
3.2%
12.0%
5
Dangote Cement PLC
230.00
-2.1%
6.7%
0.0%
0.0%
21.7%
9.9%
23.5x
5.5x
4.6%
4.3%
6
FBN Holdings Plc
9.50
-1.6%
6.4%
8.0%
8.1%
7.4%
0.9%
6.2x
0.5x
2.6%
16.1%
7
Access Bank PLC
9.05
0.6%
4.2%
-13.4%
-14.6%
12.7%
1.5%
4.5x
0.6x
7.1%
22.4%
8
United Bank for Africa PLC
8.15
1.9%
3.7%
-20.9%
-21.7%
15.9%
1.9%
3.6x
0.6x
10.4%
27.8%
9
Ecobank Transnational Inc
10
SEPLAT Petroleum Development C
20.00
0.0%
4.2%
17.6%
22.9%
12.2%
1.0%
6.5x
0.8x
650.00
0.0%
3.4%
3.8%
3.8%
25.0%
14.6%
3.0x
0.7x
2.8%
33.4%
3.7%
19.3%
21.0%
35.4%
4.9%
7.7x
2.4x
2.0%
13.0%
15.4%
11
Stanbic IBTC Holdings PLC
49.50
0.0%
12
Unilever Nigeria PLC
51.00
-2.9%
3.4%
24.4%
26.8%
20.4%
8.7%
28.2x
3.7x
1.0%
3.5%
13
Guinness Nigeria PLC
90.00
0.0%
2.4%
-4.3%
-4.3%
15.4%
6.1%
17.1x
2.3x
0.7%
5.8%
14
Lafarge Africa PLC
27.00
2.9%
1.1%
-39.9%
-39.9%
-54.0%
-10.1%
1.7x
5.6%
-33.3%
15
Fidelity Bank PLC
1.65
3.8%
0.9%
-32.9%
-36.0%
10.4%
1.4%
1.3x
0.3x
6.7%
16
Oando PLC
5.10
2.0%
1.2%
-14.9%
-14.9%
10.3%
1.5%
4.5x
0.3x
77.1% 22.3%
17
Dangote Sugar Refinery PLC
15.00
2.0%
0.9%
-25.0%
-26.3%
41.5%
18.1%
5.1x
1.8x
8.3%
19.7%
18
Okomu Oil Palm PLC
71.20
0.0%
1.2%
5.2%
5.2%
35.8%
26.6%
7.7x
2.5x
4.1%
13.0%
19
International Brew eries PLC
32.00
0.0%
0.5%
-41.3%
-41.8%
24.6%
7.4%
33.5x
7.6x
20
Flour Mills of Nigeria PLC
23.60
9.8%
0.6%
-18.6%
-18.6%
9.8%
2.9%
5.8x
0.6x
4.7%
17.2% 16.5%
3.0%
21
Transnational Corp of Nigeria
1.18
7.3%
0.5%
-19.2%
-20.3%
12.9%
2.8%
6.1x
0.7x
1.7%
22
UAC of Nigeria PLC
12.00
-4.8%
0.4%
-29.0%
-29.0%
1.5%
0.6%
21.3x
0.5x
5.6%
23
Diamond Bank PLC
1.21
10.0%
0.5%
-19.3%
-22.9%
-7.2%
-0.9%
-21.3%
-21.3%
33.1%
6.9%
6.8x
2.1x
9.4%
14.8%
15.8%
6.7%
1.0%
3.0x
0.2x
5.5%
33.2%
6.2x
2.2x
4.4%
24
Total Nigeria PLC
25
FCMB Group Plc
26
11 PLC
27
Forte Oil PLC
181.00
1.9%
0.4%
1.83
0.0%
0.6%
180.00
0.0%
0.5%
-7.5%
-7.5%
40.2%
16.0%
23.00
0.0%
0.3%
-47.1%
-45.2%
29.7%
3.0%
0.1x
4.7% -71.5%
1.8x
16.2% -11.4%
28
PZ Cussons Nigeria PLC
13.05
0.0%
0.3%
-36.7%
-38.3%
10.7%
5.0%
12.4x
1.3x
3.6%
8.1%
29
Cadbury Nigeria PLC
10.10
0.0%
0.3%
-35.5%
-35.3%
2.0%
0.8%
37.0x
1.6x
1.6%
2.7%
30
Presco PLC
60.00
0.0%
0.4%
-12.4%
-12.4%
35.8%
24.8%
2.5x
0.8x
3.3%
39.7%
31
NASCON Allied Industries PLC
19.90
0.0%
0.4%
7.6%
3.5%
62.4%
20.6%
9.4x
5.4x
7.5%
10.6%
0.8x
7.8%
8.9x
0.6x
1.8%
6.9x
1.1x
3.4x
32
UPDC Real Estate Investment Tr
9.00
2.2%
0.3%
-10.0%
-10.0%
33
Union Bank of Nigeria PLC
5.60
0.9%
0.3%
-28.2%
-25.4%
34
Julius Berger Nigeria PLC
25.00
0.0%
0.3%
-10.7%
-10.7%
17.3%
35
Sterling Bank PLC
1.32
0.0%
0.3%
22.2%
16.8%
11.0%
1.1%
36
Dangote Flour Mills Plc
8.15
-0.6%
0.2%
-32.9%
-32.9%
0.0%
0.0%
37
GlaxoSmithKline Consumer Niger
15.00
-2.0%
0.2%
-30.6%
-30.6%
6.5%
3.6%
38
Chemical and Allied Products P
28.35
0.0%
0.2%
-16.6%
-20.6%
66.2%
30.2%
39
Beta Glass PLC
78.00
0.0%
0.2%
52.0%
52.0%
17.7%
11.5%
9.5x
40
Transcorp Hotels Plc
6.75
0.0%
0.1%
-6.4%
-6.4%
5.3%
2.9%
18.8x
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 %
0.44
10.0%
T ra de s
T ic k er
N IGER IN S
F LOUR M ILL
1.21
10.0%
23.60
9.8%
LIN KA SSUR E
0.81
9.5%
J A IZ B A N K
0.52
8.3%
T R A N SC OR P
1.18
7.3%
H M A R KIN S
0.31
6.9%
C UST OD IA N
5.45
UN ION D A C F ID ELIT YB K
T ic k er
11.2% 4.0%
14.4% 29.1%
0.4x
1.5%
1.0x
2.5%
21.6x
2.1x
50.3%
4.6%
13.2x
8.9x
7.2%
7.5%
1.6x
1.4%
10.6%
0.9x
1.8%
5.3%
by V o lum e
Vo lum e
P ric e C hg %
NA HCO
1 9.2
1 .6%
A C C ESS
1 6.8
0.6% 1 0.0%
D IA M ON D B N K
1 3.2
UB A
1 0.7
1 .9%
Z EN IT H B A N K
1 0.5
0.2%
M A YB A KER
9.3
-0.4%
T R A N SC OR P
8.1
7.3%
4.2%
N EM
8.1
0.0%
0.27
3.8%
J A IZ B A N K
6.1
8.3%
1.65
3.8%
SKYEB A N K
6.1
-3.5%
T o p 10 L o s e r s
T o p 10
P ric e
P ric e C hg %
F IR ST A LUM
0.36
-10.0%
IKEJ A H OT EL
2.52
-9.7%
UN IVIN SUR E
0.40
-9.1%
J A P A ULOIL
0.24
-7.7%
UA C N
12.00
-4.8%
N SLT EC H
0.20
-4.8%
VER IT A SKA P
0.27
-3.6%
SKYEB A N K
0.55
-3.5%
51.00 230.00
D A N GC EM
(A Dealing Member of the Nigerian Stock Exchange)
Price Price Previous Current Change Change Price Weightin YTD Index to Change g Date
1
UN ILEVER
Afrinvest Securities Limited (RC 603 315)
Current Price
Ticker
D IA M ON D B N K
/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ ^ƚƌĞŶŐƚŚĞŶƐ
Tuesday, August 28, 2018
T ra de s
by V a lue
T ic k er
Value
P ric e C hg %
N EST LE
270.7
0.0%
Z EN IT H B A N K
230.4
0.2%
B ET A GLA S
1 97.9
0.0%
M OB IL
1 81 .1
0.0%
1 56.2
-2.9%
A C C ESS
1 51 .8
0.6%
GUA R A N T Y
1 38.1
1 .3%
F LOUR M ILL
97.4
9.8%
-2.9%
UB A
87.2
1 .9%
-2.1%
NA HCO
73.0
1 .6%
UN ILEVER
Investment Research
Brokerage Ayodeji Ebo | aebo@afrinvest.com
Robert Omotunde | romotunde@afrinvest.com
Bolaji Fajenyo | bfajenyo@afrinvest.com
Eronmosele Aziba | eaziba@afrinvest.com
31
T H I S D AY Ëž AUGUST 28, 2018
MARKET NEWS
All-Share Index Sheds 0.32% as Equities Market Opens on Bearish Note Goddy Egene The Nigerian stock market opened the week with a decline of 0.32 per cent, thereby failing to sustain the rebound recorded last week. The market had last week gained 0.45 per cent following two days of bargain hunting. However, the positive performance could not be sustained yesterday as the Nigerian Stock Exchange (NSE) All-Share Index
(NSE ASI) shed 0.32 per cent to close lower at 35,311.36. Similarly, market capitalisation shed N41 billion to close at N12.89 trillion. But the decline was caused majorly by profit taking Dangote Cement Plc. Ex-Dangote Cement, the market would have closed 0.43 per cent higher. The indication that the market would have closed with growth is also reflected in the number of price gainers that stood at
P R I C E S MAIN BOARD
F O R DEALS
26 as against of 14 price losers. The price losers were led by First Aluminium with 10.0 per cent, trailed by Ikeja Hotel Plc with 9.6 per cent. Universal Insurance Plc followed with 9.0 per cent, while Japaul Oil and Maritime Services Plc shed 7.6 per cent. NSL Technology Plc and UAC of Nigeria Plc went down by 4.7 per cent in that order. On the positive side, Diamond Bank Plc and Niger Insurance Plc led the
S E C U R I T I E S
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
price gainers with 10 per cent apiece trailed by Flour Mills of Nigeria Plc with 9.7 per cent. Linkage Assurance Plc chalked up 9.4 per cent, just as Jaiz Bank Plc and Transcorp Plc garnered 8.3 per cent and 7.2 per cent respectively. Other top price gainers included: Consolidated Hallmark Insurance Plc (6.9 per cent); Custodian Investment Plc (4.2 per cent); Union Diagnostics and Clinical Services Plc (3.8
T R A D E D MAIN BOARD
A S
per cent) and Fidelity Bank Plc (3.7 per cent). Meanwhile, activity level fell as volume and value traded fell 66.7 per cent and 56.6 per cent to 175.8 million shares and N1.9 billion respectively. The top traded stocks by volume were NAHCO (19.2 million shares), Access Bank Plc (16.8 million shares), and Diamond Bank Plc (13.2 million shares), while Nestle Nigeria Plc (N270.7 million ), Zenith Bank Plc
O F
(N230.4 million) and Beta Glass Plc (N197.9 million) were the top traded stocks by value. In terms of sectoral performance, four of indices closed higher led by the NSE Banking Index and NSE Insurance Index with 1.0 per cent apiece. The NSE Oil & Gas Index appreciated by 0.5 per cent, while NSE Consumer Goods Index gained 0.2 per cent. The Industrial Goods Index was the lone loser, shedding 0.8 per cent.
2 7 / 0 8 / 2 0 1 8 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
33
T H I S D AY ˾ ˜ ͺ˜ ͺͶ
MARKET NEWS
Dangote Cement’s Commercial Paper Records 158% Subscription Goddy Egene The Dangote Cement Plc N50 billion Commercial Paper (CP) recorded 158 per cent subscription as investors staked N79 billion. The order book featured bids from a diversified pool of funds managed by pension fund administrators, asset managers, insurance companies, trustees, registrars, corporate treasuries and private bank high networth individual clients. According to market analysts, the level of oversubscription
generated from a high quality and diverse order book validates Dangote Cement Plc’ rich nonbank investor base, achieved through the company’s strategic efforts to broaden and diversify its funding sources. The N50 billion raised under the company’s N150 billion CP programme, would be used for its working capital and general corporate purposes. Stanbic IBTC Capital and Stanbic IBTC Bank, subsidiaries of Stanbic IBTC Holdings Plc, have partnered Dangote Cement Plc,
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
to raise the funds. Stanbic IBTC Capital acted as the sole arranger of the CP Programme, and acted as joint dealer for the Series 3 and 4 Notes, whilst Stanbic IBTC Bank is the issuing, calculation and paying agent for all Notes issued under programme. The Series 3 and 4 Notes will be listed on Nigeria’s FMDQ OTC Securities Exchange. Speaking on successful successful CP issuance, Executive Director and Head, Debt Capital Markets, Stanbic IBTC Capital, Kobby Bentsi-
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 2408-2018, unless otherwise stated.
Enchill, expressed delight that Dangote Cement was able to achieve yet another landmark CP issuance, within six weeks of its inaugural offering. According to Bentsi-Enchill, Stanbic IBTC Capital is committed, in line with the Stanbic IBTC Group’s value proposition and investment banking pedigree, to assist its clients with high quality advisory and arranging services that enhances their growth and expansion prospects by providing access to a diverse range of
financing options within the domestic capital markets. “Stanbic IBTC Capital will continue to exploit opportunities that support our clients with access to critical funding, short and long term, for their needs. This, we expect, will help stimulate growth via the mobilisation of debt and equity capital market instruments,” Bentsi-Enchill said. The Group Chief Executive Officer, Dangote Cement Plc, Joseph Makoju, expressed the company’s satisfaction with the choice of Stanbic IBTC as a
preferred partner, considering the financial institution’s strong pedigree and expertise in investment banking. “This landmark transaction, even more impressive than our first outing, remains still the largest-ever CP issuance by a corporate issuer in Nigeria. In addition to helping us achieve our strategic objective of broadening our sources of funding, we have also made remarkable strides towards lowering our overall cost of borrowing,” Makoju said.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.83 0.84 0.44% ACAP Income Funds 0.63 0.63 4.72% 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 12.30% 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 17.64 18.18 -3.44% ARM Discovery Fund 372.55 383.79 -4.24% ARM Ethical Fund 28.47 29.33 4.20% ARM Money Market Fund 1.00 1.00 12.35% AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 10.70% Paramount Equity Fund 11.75 12.05 5.97% Women's Investment Fund 103.09 105.73 2.44% 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 N/A N/A N/A 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 12.56% 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 N/A N/A N/A EDC Nigeria Money Market Fund Class B N/A N/A N/A 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 1,184.85 1,185.58 9.50% FBN Heritage Fund 142.04 143.03 1.68% FBN Money Market Fund 100.00 100.00 12.55% FBN Nigeria Eurobond (USD) Fund - Institutional 113.86 114.27 3.30% FBN Nigeria Eurobond (USD) Fund - Retail 113.65 114.06 3.21% FBN Nigeria Smart Beta Equity Fund 160.24 162.53 0.27% 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 1.26 1.28 -2.80% Legacy Debt Fund 3.13 3.13 8.25% 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 12.12% Nigeria Entertainment Fund 102.66 104.23 2.98% 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 12.07% Vantage Balanced Fund 2.12 2.14 0.26% Vantage Guaranteed Income Fund 1.00 1.00 14.20% Kedari Investment Fund (KIF) 120.86 120.13 4.61%
LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.18 1.20 3.29% Lotus Halal Fixed Income Fund 1,069.72 1,069.72 8.45% 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 11.69 11.79 -10.01% Meristem Money Market Fund 10.00 10.00 10.75% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.32 1.35 11.24% PACAM Fixed Income Fund 11.83 11.90 7.22% PACAM Money Market Fund 10.00 10.00 12.48% 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 127.82 128.39 -1.40% 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 1.63 1.63 9.94% STANBIC IBTC ASSET MANAGEMENT LTD assetmanagement@stanbicibtc.com Web: www.stanbicibtcassetmanagement.com; Tel: +234 1 280 1266; 0700 MUTUALFUNDS Fund Name Bid Price Offer Price Yield / T-Rtn Stanbic IBTC Balanced Fund 2,291.02 2,307.53 2.08% Stanbic IBTC Bond Fund 186.24 186.24 5.55% Stanbic IBTC Ethical Fund 0.98 0.99 -2.48% Stanbic IBTC Guaranteed Investment Fund 239.02 239.06 8.53% Stanbic IBTC Iman Fund 167.76 169.67 -6.32% Stanbic IBTC Money Market Fund 100.00 100.00 11.61% Stanbic IBTC Nigerian Equity Fund 8,864.22 8,972.60 -8.39% Stanbic IBTC Dollar Fund (USD) 1.08 1.08 2.25% 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 N/A N/A N/A United Capital Bond Fund N/A N/A N/A United Capital Equity Fund N/A N/A N/A United Capital Money Market Fund N/A N/A N/A United Capital Eurobond Fund N/A N/A N/A United Capital Wealth for Women Fund N/A N/A N/A 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 12.25 12.44 -2.26% Zenith Ethical Fund 12.87 12.99 -2.20% Zenith Income Fund 20.78 20.78 9.79% Zenith Money Market Fund 1.00 1.00 11.50%
REITS NAV Per Share
Yield / T-Rtn
11.41 137.71 51.52
1.01 3.96% 1.36%
Bid Price
Offer Price
Yield / T-Rtn
11.77 128.20 99.76
11.87 130.93 101.64
-2.88% -10.24% -8.68%
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
4.23 8.14 16.37 17.40
4.27 8.22 16.47 17.60
-10.75% -14.93% -6.40% -11.47%
143.01
145.01
6.31%
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.
34
Ëœ ÍşÎ€Ëœ ͺ͸͚͜ Ëž T H I S D AY
FOREIGN/DIPLOMATIC AFFAIRS
Editor: VINCENT OBIA vincent.obia@thisdaylive.com 0805 468 1757
Transitional Justice: Lessons from Kenya Gabrielle Lynch
I
n today’s world it’s almost expected that transitional justice mechanisms – such as criminal trials, reparations, memorialisation, and truth commissions – will be introduced to help consolidate a country’s transition from authoritarianism and conflict to democracy and peace. For example, an International Criminal Tribunal for Rwanda was established after the country’s 1994 genocide. In 2002, the Sierra Leone government and United Nations (UN) set up a Special Court to address serious crimes committed during the country’s decade long civil war (1991-2002). The International Criminal Court (ICC) has also had various interventions in Africa, and scores of truth commissions have been established around the world since the 1980s. The underlying idea is that societies need to deal with violent and unjust histories if they are to move on to a new future. The aim is to bring about substantive results, such as the imprisonment of individuals or reparations. It’s also to perform or enact a clean break with the past. As transitional justice efforts have become more widespread, their mandates have also become increasingly ambitious. They are now often called on to reveal the truth about past injustices, to see that justice is done, and to reconcile individuals and communities. But it’s increasingly evident that these mechanisms often fall far short of such lofty goals. This is despite the time and money spent on transitional justice, and the hope that they often inspire. In my new book, Performances of Injustice: The politics of truth, just and reconciliation in Kenya, I explore the gap between aspiration and reality by looking at the two transitional justice mechanisms that were introduced following Kenya’s post-election violence in 2007/8. The first is the ICC intervention, which initially confirmed charges against four Kenyans for their alleged role in the violence. The second is the country’s Truth, Justice and Reconciliation Commission. The ICC focused only on those deemed most responsible for the violence. In contrast, the commission was tasked with looking at a wide range of injustices that had occurred between Kenya’s independence in 1963, and the end of the post-election violence in 2008. Between 2009 and 2013, the commission received more than 40,000 victims’ statements, held public hearings in 35 locations across the country and published a substantial report. One key lesson from my research is that transitional justice mechanisms are not generic “tools� that can be used in different contexts with the same effect. Rather, their success or failure depends on their design and approach, but also on how they are received, and responded to, by people on the ground. The ICC’s intervention was soon mired in controversy. Those indicted and their allies spun the court’s involvement as a biased imposition by foreign powers, an extension of colonialism, and a path to further injustice. Their supporters rallied around them and two of the accused – Uhuru Kenyatta and William Ruto – were elected President and Deputy President in 2013 while their cases were still underway. The cases later collapsed due to a lack of evidence amid claims of witness intimidation and harassment. The commission, meanwhile, was quickly dismissed by many as just another commission of inquiry whose report would be relegated to dusty shelves. Its hearings generally attracted small audiences and little media coverage, while the report is yet to be discussed in parliament. The Kenyan experience highlights the importance of context, and of public reception and interpretation. It also provides evidence of the law of unintended consequences. The ICC failed to bring any perpetrators to book. It also fuelled a sense – among opponents and supporters alike – that further injustice had occurred either as a result of neo-colonialism or impunity. The commission also helped to reinforce a culture of impunity. Thousands of victims gave extended
testimony about the injustices and atrocities they had suffered, and their ongoing impact. But with the exception of one unnamed individual who testified in a closed hearing, not a single person admitted to wrongdoing. The accused – or “adversely mentioned persons�, as they were called – did not deny that injustices had occurred. But they did deny, through one line of reasoning or another, that they could be held responsible. Instead, and as had occurred with the ICC, alleged wrongdoers used the opportunity to present themselves as good and strong leaders. Their appearance in turn helped to entrench a sense of injustice and continuity: the same political elite were in power and could rely on state, peer and community support to protect themselves. The book also discusses other ways in which Kenya’s transitional justice efforts were undermined or reinterpreted, and how they unintentionally served to reinforce certain inequalities and injustices. Despite these problems, my argument isn’t that transitional justice should be abandoned. Nor would it be correct to say that the Truth, Justice and Reconciliation Commission or ICC were a waste of time with no positive impact. There were some commendable outcomes from both. The ICC’s intervention highlighted that there can be consequences for leaders accused of involvement in inciting or organising violence. The commission’s report also provided a historical overview of injustice in Kenya and offered wide ranging recommendations that activists and politicians can use to lobby for justice and reform. The point is that transitional justice mechanisms can’t be applied with the same effect in different contexts. Instead, justice seekers need to consider the ways in which the past actually persists in a particular context, and how transitional justice efforts are likely to be received and interpreted. And while these mechanisms can make positive contributions to a transition, they are ill suited to meet the increasingly ambitious expectations placed on them. Transitional justice mechanisms are typically short-term efforts with limited mandates. As such, they cannot grasp the complex ways in which unjust and violent pasts affect the present. Such ambitious goals as truth, justice and reconciliation require ongoing political struggle, and substantive socio-economic and political change, which transitional justice mechanisms can recommend, and sometimes contribute to, but cannot be expected to achieve. r-ZODI JT 1SPGFTTPS PG $PNQBSBUJWF 1PMJUJDT 6OJWFSTJUZ PG 8BSXJDL 6,
In Brief Ethiopia’s Military-linked Firm Loses Dam Contract The Ethiopian government has terminated its contract with a militarylinked company to help build a controversial $4bn (£3.11bn) dam on the River Nile. Prime Minister Abiy Ahmed accused the Ethiopian company of lacking the relevant experience to work on the Grand Renaissance Dam project, which is mainly being built by an Italian firm, BBC reported. The move is the latest in a raft of reforms carried out by Abiy since he came to power in April. Abiy said the Metals and Engineering Corporation (Metec) had not even seen a piece of infrastructure like the Grand Renaissance Dam, let alone built one. Metec, which comes under the ministry of defence, has now lost the contract to install the vast turbines for the delayed project. The move against a firm which for years was run by retired military personnel is another sign that Abiy is not afraid to shake up the status quo with radical reforms. The military has long been involved in Ethiopia’s tightly controlled economy but the prime minister is changing that.
T H I S D AY ˾ TUESDAY AUGUST 28, 2018
35
KATSINA STATE GOVERNMENT OF NIGERIA MINISTRY OF RESOURCE DEVELOPMENT KATSINA
INVITATION FOR EXPRESSION OF INTEREST FOR LEASE OR SALE OF 4 NO FERTILIZER COTTAGE INDUSTRIES LOCATED AT BAKORI, BATSARI, SAFANA AND MAI’ADUA. The Katsina State Government under the leadership of His Excellency Rt. Hon. Aminu Bello Masari is inviting interested and qualified companies to express interest in the lease/sale of its 4 No. fertilizer cottage industries located at Bakori, Batsari, Safana and Mai’adua local governments respectively. The industries consist of a chemical fertilizer blending (1 Metric ton/batch) with a daily production capacity of 30 Metric tonnes of assorted NPK fertilizer (15-15-15-20-10-10, etc), three granulators for marl and organic fertilizer granulation, a warehouse, 60 KVA Generator and a quality control laboratory. Interested companies can contact the Ministry for physical inspection of the plants at No. 24 Hassan Usman Road GRA, Katsina, Katsina State.
REQUIREMENTS 1. Prospective companies should possess the relevant technical and financial capabilities to operate a fertilizer blending plant. 2. The companies should possess and tender the record of successful operation and management of a fertilizer blending plant in Nigeria or anywhere in the world.
MODE OF APPLICATION Interested companies should indicate their interest by providing the following information and documents: -
Full name of company and contact person, postal address, telephone number and Email address.
-
Certificate of incorporation from the corporate affairs commission (CAC).
-
Evidence of Financial Capability, Bank Reference letter.
-
Technical and operational capability.
-
Profile of Management and technical staff showing qualification and years of experience in case of lease option.
All expression of interest in two copies should be submitted in a sealed envelope and marked E.O.I Fertilizer Cottage Industries NOT later than three weeks from the date of publication to the Honourable Commissioner Ministry of Resource Development, No. 24 Hassan Usman Road GRA, Katsina,Katsina State.
All enquiries should be directed to: i. The Permanent Secretary Ministry of Resource Development No. 24 Hassan Usman Raod GRA, Katsina, Katsina State. Tel. 234 (0) 8033850645,, Email: ubaleabdulrahaman@gmail.com ii. Director Mining Engineering, Tel. 234 (0) 8035891607, Email: bagiwa01@gmail.com
Signed: UBALE ABDULRAHAMAN Permanent Secretary, Ministry of Resource Development, Katsina.
36
T H I S D AY ˾ ͰͶ˜ ͰͮͯͶ
T H I S D AY ˾ TUESDAY AUGUST 28, 2018
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T H I S D AY ˾ ͰͶ˜ ͰͮͯͶ
38
PDP
PEOPLES DEMOCRATIC PARTY (PDP) Power to the People... Motto: Justice, Unity and Progress
National Secretariat: Plot 1970, Wadata Plaza, Michael Okpara Street, Wuse zone 5, Abuja. Tel: 09-7822806, 09-7822781
Special Announcement Sale of Party Forms for 2019 General Elections (All Categories) 1. The National Working Committee (NWC) of the Peoples Democratic Party (PDP) announces that the sale of Expression of Interests and Nomination Forms for the 2019 General Elections has commenced. 2. In line with our Party's guidelines for the conduct of Party Primaries for the 2019 General Elections, as approved by National Executive Committee (NEC), the details are as follows:
SN
Category
1. 2. 3. 4. 5. 6. 7.
Presidential Governorship Senate House of Reps. House of Assembly National Delegates 3 Ad-hoc Delegates
Expression of Interest N2,000,000= N1,000,000= N500,000= N500,000= N100,000=
Nomination N10,000,000 = N5,000,000= N3,000,000= N1,000,000= N500,000= N20,000= N5,000=
Total N12,000,000= N6,000,000= N3,500,000= N1,500,000= N600,000= N20,000= N5,000=
3. Purchase of Forms: a) All interested aspirants for Presidential, Governorship, Senate, and House of Representatives elections are to purchase their forms from the Office of the National Financial Secretary, at the National Secretariat, Wadata Plaza, Wuse Zone 5, Abuja.
PDP
b) All interested aspirants for State Houses of Assembly elections are to purchase their forms at the National Secretariat or their respective State Party Secretariats. c)
All interested aspirants for the respective National /Ad-hoc Delegates are to purchase their forms at the National or State Secretariats.
4. Modality for Collection and Submission of Forms: SN
Category
Collection
Submission
a
d
Delegates Forms
National Secretariat, Abuja National Secretariat, Abuja National or State Secretariats National or State Secretariats
National Secretariat, Abuja Respective State Secretariats
c
Presidential and Governorship Senate and House of Representatives House of Assembly
b
State Secretariats State Secretariats
5. Waivers: a) All female aspirants are exempted from payment for purchase of nomination forms for all offices except National and 3 Ad-hoc delegates categories. b) In line with the constitution of our Party, the NWC, acting on behalf of NEC, reviewed downwards the cost of nomination forms for House of Representatives from N2,000,000= to N1,000,000=. This is in keeping with its promise to enhance the inclusion of young persons in the democratic process. #NotTooYoungtoRun! 6. Closing: All forms are to be collected and submitted on or before the close of work on the 6th September, 2018. Signed: Col. Austin Akobundu (Rtd.) National Organizing Secretary
T H I S D AY ˾ TUESDAY AUGUST 28, 2018
39
UTILIZATION OF FOREIGN EXCHANGE AS AT 24TH OF AUGUST 2018 S/N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50
CUSTOMERS UMEJURU I. GLORY ADEWALE T. ANIKE EZENWAKA MADUAKONAM AKALA A. OKE-OVIE DR ANEKWE J. UZOAMAKA AJANI A. ADEDAYO IGHALO S. UGONMA CHIBUZO I. CHUKWUEMEKA URIETO E. JOSEPH NBETE A. DESMOND NWAKEZE O. VICTORIA OYELEYE SUSAN E ORIUKARI A. MERCY LEGHEMO S. ENENI AROWOSAIYE E. OLANIKE ORIBABOR T. STELLA USORO DANIEL AMADU ONYIA CHIKA ROSELINE BASSEY GLORY BASIONO NWOSU C. ANNASTACIA AHMED Z. INUWA AHMED ZUBAIR AL-MIN FRANCIS OKOYE OKODASO VERA E IBE O. ANTHONY ETALE MIEKOROMO LYNDON HASSAN KAZEEM ADENIYI OYELEYE S. EWORITSEMOGHA BROWN VIRGINIA TAMUNONARI OMOIKE-OISEDIAMEN O. DAVID THEOPHILUS E GLORY TITCOMBE A TITCOME SALISU LIYAU UMAR EMIKO B. ORITSETIMEYIN DAFE MEDICAL CENTRE FOLUKE O OKOLIE SUBUOLA T. ELUFIOYE PETER K ALABI UMARU USMAN CROWN FLOUR MILLS AIRTEL NETWORKS LTD CBN CBN NWAKA C. VICTOR ORIAKU N. AUGUSTINE SAGBE EBIKA ORIAKU NNAMDI AUGUSTINE UMAR OZAVIZE RUKKAYAT IKEORA PRINCE OLISA SAGBE TIMOTHY
AMOUNT (US$) 4,000.00 5,000.00 5,000.00 285.53 500.00 1,000.00 1,000.00 1,200.00 1,285.40 1,500.00 1,900.00 2,000.00 2,000.00 2,000.00 3,000.00 3,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 4,000.00 5,000.00 200.00 1,018.81 1,928.10 2,000.00 2,434.08 6,550.00 13,679.85 15,000.00 1,601.18 4,498.90 8,181.00 13,046.81 254,609.00 18,250.00 131,694.25 204,661.05 5,000.00 500.00 1,500.00 3,500.00 4,000.00 4,000.00 4,000.00
PURPOSE BTA BTA BTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA PTA SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES ANIMAL FEEDS MACHINE NON-DSA 4G USIM IMTO TRANSFERRED TO CBN IMTO TRANSFERRED TO CBN BTA PTA PTA PTA PTA PTA PTA
RATE 359.00 359.00 359.00 359.00 360.00 359.00 359.00 360.00 359.00 360.00 359.00 359.00 360.00 360.00 359.00 360.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 360.00 360.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 362.95 362.95 357.00 357.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00
DATE 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18
S/N 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99
CUSTOMERS OBIORA JUDE IFEDIBA JUDIF INTERNATIONAL LIMITED IDONIBOYE-OBU T. JERRY IYOYAEBHO L OKOJIE IFON ANIETIE KINGSTON BASSEY, EDIMA OKON VINCENT N ONWUDINJO UZOR HENRY GODSWILL O AKPAN MICHEAL O OJO JOSEPH O ADIGWU THOMAS AHIANTE ANTHONIA I DUNKWU BASSEY, EDIMA OKON OGBU UCHENNA AFRICAN NON-FERROUS GEETA PLASTIC PRODUCTS CBN CBN ADEWALE O OGUNBANJO GIDEON TRUMAN ILIASU I MIJINYAWA HARCOURT EDWIN E ESEEKULUWE CHUKS BENJAMIN OSHO OLUMUYIWA M WILCOX CROWN B. SAMUEL NDIMELE OZO-MEKURI GEORGE DENONAL FURNITURE LTD CHINONYE I ENYINDAH UCHE UKOHA FLORENCE NNAEMEKA BABAJIDE O SURU G I K OBUTE CO AVONG M. KABOSHIYO WILLIAMS T ORIYOMI WILLIAMS T ORIYOMI DEMONSTRATION SEC. SCH. YAKUBU JOEL OSHAME, DAVID AIYEDUN F. YEMISI O AND COMPANY NIG LTD OGBOO ERNEST ARINZE DHL INTERNATIONAL UNITED BANK FOR AFRICA PLC ASPIRA NIG LTD INLAKS COMPUTERS MILA GLOBAL COMMODITIES LTD MILA GLOBAL COMMODITIES LTD CBN
AMOUNT (US$) 4,000.00 5,000.00 1,500.00 3,703.10 5,000.00 5,551.15 5,647.84 7,036.48 7,122.92 9,662.96 15,000.00 3,172.09 4,025.00 5,024.70 12,560.82 1,999,990.00 50,000.00 347,815.11 474,080.71 2,137.90 7,218.35 9,000.00 700.00 2,000.00 3,213.44 3,852.37 4,000.00 1,140.70 4,401.90 4,525.15 5,000.00 6,200.00 7,052.70 7,528.62 8,204.80 14,987.20 1,790.50 2,580.00 4,470.00 8,800.00 9,500.00 10,126.41 500,000.00 11,540.28 74,156.80 648,000.00 2,000.00 2,000.00 48.34
PURPOSE PTA PTA SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES LOAN REPAYMENT INJECTION BLOW MOULDING MACHINE IMTO TRANSFERRED TO CBN IMTO TRANSFERRED TO CBN ACCOMMODATION FEES ACCOMMODATION FEES MEDICAL BILLS PTA PTA PTA PTA PTA SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES SCHOOL FEES INTERNATIONAL COURIER SERVICE SOFTWARE LICENSE SODA ASH LIGHT ATM MACHINES AND SPARE PARTS MONOSODIUM GLUTAMATE SEASONING FAT FILLED MILK POWDER IMTO TRANSFERRED TO CBN
RATE 360.00 360.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 363.40 363.50 357.00 357.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 359.00 363.60 360.00 363.60 363.50 363.50 363.50 357.00
DATE 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18
SOURCE OF FOREIGN EXCHANGE AS AT 24TH OF AUGUST 2018 S/N 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47
www.ubagroup.com
SOURCE IMTO IMTO AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS IMTO IMTO AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS CBN CBN AUTONOMOUS IMTO IMTO IMTO IMTO IMTO IMTO IMTO IMTO AUTONOMOUS AUTONOMOUS
AMOUNT (US$) 269,606.91 3,274.49 1,359.00 1,970.00 3,000.00 150.00 159.16 400.00 127.00 173,732.54 1,859.79 1,200.00 5,449.09 3,344.40 196.00 9,400.00 559.01 3,400.00 220.86 884.77 119.22 4.22 2,719.29 100.00 4,300.00 120.00 302.20 1,227.67 12,591.49 89.97 562.34 281.17 101.07 30,229.87 3,000,000.00 3,000,000.00 55,550.00 1,552.37 8,662.90 254,806.26 359,368.87 9.21 94.98 3,145.99 4,467.03 1,000.00 50.00
RATE 355.00 355.00 353.77 353.77 353.77 353.77 353.77 353.77 353.77 355.00 354.85 353.69 353.77 353.77 353.77 353.69 353.77 353.77 353.77 353.77 353.77 353.77 353.77 353.69 353.77 353.77 354.12 354.12 354.12 354.12 354.12 354.12 354.12 354.12 357.00 357.00 360.00 355.00 355.00 355.00 355.00 355.00 355.00 355.00 355.00 354.12 354.12
DATE 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 20-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18
S/N 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92
SOURCE AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS IMTO IMTO IMTO IMTO IMTO IMTO AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS AUTONOMOUS IMTO IMTO AUTONOMOUS AUTONOMOUS AUTONOMOUS INTERBANK INTERBANK INTERBANK AUTONOMOUS
AMOUNT (US$) 142.00 3,000.00 990.00 500.00 5,605.85 198,892.31 254,358.25 56.55 2,158.12 2,682.40 710.64 3,500.00 2,000.00 39,975.00 180.00 2,380.00 169.29 4,975.00 400.50 100,000.00 3,150.00 504.00 1,522.84 95.00 100,000.00 222.00 25.20 138.41 866.83 1,801.70 62.91 224.78 304.38 1,123.91 112.39 22,888.00 22,212.92 667.40 1,430.00 21,000.00 200,000.00 100,000.00 330,000.00 850,000.00 212,500.00
RATE 354.12 354.12 354.12 353.77 355.00 355.00 355.00 355.06 354.84 354.84 354.12 354.12 354.12 354.12 354.12 354.12 354.12 354.12 354.12 353.77 354.12 354.12 354.12 354.12 354.36 354.12 354.36 354.36 354.36 354.36 354.36 354.36 354.36 354.36 354.36 360.00 355.01 355.00 354.36 355.22 343.00 306.25 363.10 363.20 360.00
DATE 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 23-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18 24-Aug-18
Africa’s global bank
A
WEEKLY PULL-OUT
CONTROVERSIAL NBA ELECTIONS AND THE FUTURE OF THE BAR
28.08.2018
NBA President-Elect, Paul Usoro, SAN
2/DASHBOARD
28.08.2018
Original Jurisdiction of the Supreme Court in Disputes About Federal Government Revenue PAGE 4
Former NBA President Alegeh, SAN, Congratulates Usoro PAGE 5
LawPavilion Unveils Nigeria’s First Artificial Intelligence Legal Assistant PAGE 5
Experts Sensitise Pro Bono Lawyers, Legal Aid Service Providers on Leadership, Capacity Building
QUOTABLES ‘Let me reiterate that neither myself, the Deputy Senate President, the Honourable Speaker, the leadership here, belong to the class of Politicians that are desperate to stay in power by all means, and at all cost. The day two-thirds of our members do not have confidence in any of us, we will leave this place.’ – Dr Abubakar Bukola Saraki, Senator representing Kwara Central, President of the Senate, Federal Republic of Nigeria ‘Some people I hear, are going to Court to get an order of Mandamus. That will be outrageous. The Court should not interfere, in the affairs of the Senate. Some people have already gone to Court, to protect the President of the Senate from being removed. They are making a mockery of the process.’ – Professor Akin Oyebode, Professor of International Law & Jurisprudence
PAGE 6
‘A Lawyer should have a Goal that is Beyond Himself’ PAGE 6
COLUMNISTS OLAWALE FAPOHUNDA Olawale Fapohunda, a past Attorney-General of Ekiti State, is the Managing Partner of Legal Resources Consortium. A frequent contributor to Thisday Lawyer since its inception, he has written severally on the limitations of the administration of justice system in Nigeria, and the need for urgent reforms. He has played a leading role in several governmental and nongovernmental initiatives, aimed at enabling legal, policy and administrative interventions, for managing the justice system and the institutions that deliver justice. SERIOUS MATTERS aims to contribute to national discussions on law reform, institutional strengthening, and good governance across the three arms of government
MICHAEL JONATHAN NUMA The word “Canvass” in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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Abortion Laws, the Unanswered Questions
S
Ms X
ometime in April, I had the flu. I developed a cold and an extremely terrible cough, during the Nigerian Bar Association Section on Legal Practice Conference, which I had attended in Port Harcourt. I was beginning to believe that, I was a victim of ‘black soot’, because even though I was able to get rid of the cold, the cough refused to subside weeks after I returned to Lagos. I finally decided to go to the hospital, when my self-medication with Day Quil and NyQuil seemed to be ineffective, and there was no improvement in my health. At the hospital, I was asked to go to the Laboratory to have some tests carried out. While I waiting to do the tests, I met a young lady (Ms X), who seemed extremely downcast. We got talking, and Ms X confided in me that she had come for a pregnancy test, having conducted one herself, using a home pregnancy test kit, which revealed that she was pregnant. The hospital test, had just confirmed the result of the home pregnancy test, that she was indeed, pregnant. Ms X told me that, her boyfriend who was responsible for her pregnancy, was a married man, a ‘Sugar Daddy’ of sorts, and that pregnancy and child bearing, were certainly not part of the plan. In short, she did not even want to tell her boyfriend about the pregnancy, talk less of having the baby. He had promised to sponsor her, to go for a Master’s Programme abroad, after which she planned to start work, and find a nice young man, whom she could marry and settle down with, in a few years. Legal Provisions While in countries like USA and South Africa, they are quite liberal about abortion, it is prohibited under any circumstances in certain countries, for instance, Ireland, Malta and Gabon. There are no recognisable legal exceptions. In Nigeria, the laws pertaining to abortion are stringent. Abortion is also illegal, but there is an exception - it is permitted by law, in a situation in which having a baby will be a threat to the mother’s life, and even this exception, has only been provided for by the Penal Code Act (PCA) which is applicable in the North and the Federal Capital Territory, and not the Criminal code Act (CCA) which is applicable in the South. In several countries like Great Britain, Zambia and Hong Kong, abortion has been legalised, but subject to certain conditions like
For and Against Abortion
the PCA, and expanded to include rape, fetal anomaly, risk to mental and physical health, social and economic conditions. Some believe that there’s not much wisdom, in bringing a child that you are unable to cater for financially, into the world, or why an unrepentant drug addict, whose drug habit may have affected the foetus and who would obviously be unable to take care of a child, should not procure an abortion. A friend of mine, who is the father of two children, told me about how his wife had some form of post-natal depression/nervous breakdown, after the birth of their second child; that he didn’t want her to have any more children, because of what she had experienced during her mental ill health. In Nigeria, my friend’s wife, would not qualify as an exception to the law against abortion rule. Should she? Section 228 of the CCA, makes it a felony punishable with 14 years imprisonment, for any person to procure a miscarriage for another. Section 229 provides that “Any woman who, with intent to procure her own miscarriage, whether she is or is not with child, unlawfully administers to herself any poison or other noxious thing, or uses any force of any kind, or uses any other means whatever, or permits any such thing or means to be administered or used to her, is guilty of a felony, and is liable to imprisonment for seven years”. Section 230 of the CCA, also provides for an offence carrying 3 years imprisonment, for anyone who unlawfully helps to procure anything, that will be used to unlawfully procure an abortion. The PCA has parallel provisions for the offence of causing miscarriage (abortion), in Sections 216(2) – 220, carrying various terms of imprisonment and fines, while Section 216(1) permits “miscarriage in good faith for the purpose of saving the life of a woman”. The purport of this provision is that (in the parts of the country where the PCA is applicable), a woman can legally have an abortion, in the event that her life is threatened by her pregnancy. Extenuating Circumstances? I had a friend, who suffered from the sickle cell disorder. She was advised not to attempt to have a child, because she could end up losing her life. The Doctors felt that her condition was too severe, to be able to sustain the stress of pregnancy, which could even be traumatic in women who have no health conditions, talk less of someone in her position; and could also lead to life threatening complications. Even though
she decided to defy the Doctors’ advice and go ahead and have two children, I guess she may have qualified to have an abortion under the PCA, if she had decided to terminate either of her pregnancies. However, I have also heard that, it is not uncommon for a couple who are both of the AS genotype, to terminate a pregnancy, when they discover that the child in the womb is of the SS (sickle cell) genotype. Presently, under Nigerian law, it seems that a woman doesn’t qualify to have an abortion, in this circumstance. Should she be allowed to? It is possible to safe guard against this particular scenario, however, by making it mandatory for every couple to do blood tests to check the compatibility of their genotypes as a pre-condition for marriage. Rex v Bourne Ms X wanted to procure an abortion immediately! According to Nigerian law, it would be unlawful for Ms X to have an abortion, since she was as right as rain, unless she resided in Abuja (for example), and developed a life threatening ailment during pregnancy. Should abortion be legalised? Or should the parameters for being able to procure an abortion in Nigeria, be expanded? For instance, in Rex v Bourne 1938 3 AELR 615, a girl who was less than 15 became pregnant as a result of rape, and a surgeon, Mr Bourne, performed the abortion free of charge. He believed that having such a baby, could be life threatening to the girl, in the sense that she could very likely become a physical and mental wreck. Mr Bourne who was charged under Section 58 of the Offences Against the Person Act 1861, was found not guilty of the offence. While I will not go into what the prosecution had to prove beyond reasonable doubt, to secure a conviction against Mr Bourne, or what the jury was directed to look at in coming to a decision, what interests me, is the issue of whether a woman who becomes pregnant as a result of rape (no matter her age), should be given the choice as to whether she wants to have the baby or not, and therefore, whether Nigerian laws should be amended, to include this type of situation as an exception to the laws prohibiting abortion. The fact is that, most women would probably not be keen to give birth to children who are products of rape, especially unknown rapists or a gang of rapists, or sexual abuse. I know a lady, whose child is a product of incest, her brother’s child. If she had desired to
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“SHOULD ABORTION BE LEGALISED? OR SHOULD THE PARAMETERS FOR BEING ABLE TO PROCURE AN ABORTION IN NIGERIA, BE EXPANDED?.... THE USE OF RELIABLE CONTRACEPTION, REDUCES THE INCIDENCE OF UNWANTED PREGNANCIES AND ABORTIONS. NIGERIANS NEED TO BE MORE EDUCATED ABOUT CONTRACEPTION”
terminate her pregnancy, should she have been able to procure one legally? I’m sure that, we are all well aware that apart from the possible mental trauma that the mother of a product of incest may face, such a child may be beset with serious health challenges. Pros and Cons The issue of whether abortion should be legalised without conditions, or with only conditions as to at what point in pregnancy it can be legally procured, rages on. Some that oppose abortion, do so on a religious basis, citing the sixth commandment in the Bible - “Thou shall not kill”, as their authority. Others use science, saying that a foetus becomes a living being as soon as it is conceived, and therefore, terminating a pregnancy even after the first week, is murder. Those on the other side of the divide, believe that a woman should have control over her body, and have the right to choose whether she wants to be a mother or not. They also believe that this right to choose, fosters gender equality. The use of reliable contraception, reduces the incidence of unwanted pregnancies and abortions. Nigerians need to be more educated about contraception. While for example, the contraceptive “pill” (easy, not particularly costly, and convenient to use), is common place in places like the UK, it’s mostly unheard of here. For me, while my religious beliefs may scream ‘no’ to abortion, there may be genuine reasons behind some of those exceptions to the laws against abortion. My dear colleagues and readers, what do you think? Should our laws regarding abortion remain unchanged, or should they be somewhat liberalised, at least to include some of the other exceptions I have mentioned?
4/LAW REPORT
28.08.2018
Original Jurisdiction of the Supreme Court in Disputes About Federal Government Revenue
T Facts
he Plaintiff, on behalf of itself and the local governments in Bauchi State, invoked the original jurisdiction of the Supreme Court, and commenced the present suit against the Government of the Federation, through the Attorney- General of the Federation. The grievance of the Plaintiff, cantered on the revenue of the Government of the Federation. The Plaintiff’s cause of action was that, the Government of the Federation is mandatorily obliged by the combined effect of Sections 162 (1) and (10) of the Constitution of the Federal Republic of Nigeria, 1999, to pay into the Federation Account incomes accruing from some of the following sources to wit: the signature bonus, dividends paid in respect of shares held by the Government of the Federation in the Nigerian Liquefied Natural Gas (NLNG) Company through the Nigerian National Petroleum Corporation, sale of landed properties held by the Government, privatisation of public enterprises, education tax and other internally generated revenue of federal ministries, parastatals and agencies. The Plaintiff sought amongst others, orders directing the Defendant to pay certain sums to the Plaintiff, being the share of the Plaintiff and her local government councils, from the incomes which accrued from the aforementioned sources, as well as interest thereto. The Defendant filed along with other processes, a preliminary objection challenging the jurisdiction of the Supreme Court. Issue for Determination In dealing with the preliminary objection, the Supreme Court considered: Whether it can entertain the matter, in its original jurisdiction. Arguments In arguing the preliminary objection, the Defendant contended that, the original jurisdiction of the Supreme Court had been wrongly invoked, as the Plaintiff’s suit pertains or relates to the revenue of the Government of the Federation, over which the Federal High Court, by virtue of Section 251 of the Constitution, has been specifically vested jurisdiction to the exclusion of any other court, including the Supreme Court. The Defendant stated that the appropriate venue for the settlement of disputes relating to the revenue of the Government of the Federation, is the Federal High Court as stated in Section 251 (1) of the Constitution. The Defendant further argued that, the Plaintiff’s complaint pertains to the action and inaction of certain Federal Government agencies, such as the Federal Inland Revenue Service, Nigeria Custom Service, Nigerian National Petroleum Corporation, Bureau of Public Enterprises etc. Therefore, the claims are not accommodated within the strict original jurisdiction of the Supreme Court, as encapsulated in Section 232 (1) Constitution of the Federal Republic of Nigeria, 1999. Also, the Defendant argued that, the Plaintiff’s claim is nebulous, speculative and that the issue in the suit, had already been decided by the Supreme Court in a similar case, which operates as res judicata and places a bar to the Plaintiff’s case. Finally, the Defendant contended that, the individual causes of action on which the suit is based, shows that the action was brought after the three months period within which such actions should be initiated. Therefore, the action is extinguished by law. The Defendant referred to Section 2 of the Public Officers (Protection) Act, CAP P41, Laws of the Federation of Nigeria and the case of IBRAHIM v J.S.C. (1998) 14 NWLR (Pt. 584) 1 at 32. In asserting that the Supreme Court had jurisdiction to determine the suit, the Plaintiff argued that, the Plaintiff’s case does not affect the interest of federal organs, statutory bodies
Mary Ukaego Peter-Odili, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 27th day of April, 2018 Before Their Lordships Mary Ukaego Peter-Odili Musa Dattijo Muhammad Kudirat Motonmori Olatokunbo Kekere-Ekun JChima Centus Nweze Ejembi Eko Paul Adamu Galinje Sidi Dauda Bage Justices, Supreme Court SC.60/2008 Between Attorney-General, Bauchi State
.........Plaintiff
And Attorney-General, Federation............Defendant (Lead Judgement delivered by Hon. Mary Ukaego Peter-Odili, JSC)
“....THE SUBJECT-MATTER OF THE PRESENT SUIT IS A “DISPUTE RELATING TO THE REVENUE OF THE GOVERNMENT OF THE FEDERATION”, AND THAT THE DISPUTE COMES PARTICULARLY WITHIN THE CONFINES OF SECTION 251(1)(A) OF THE CONSTITUTION, OVER WHICH THE FEDERAL HIGH COURT HAS BEEN SPECIFICALLY VESTED JURISDICTION, TO THE EXCLUSION OF ANY OTHER COURT, INCLUDING THE SUPREME COURT”
and private institutions/individuals. The Plaintiff referred to the case of ONUORAH v K.R.P.C LTD (2005) 2 SC (Pt. 11) 1 and contended that, a determination of what the Plaintiff’s cause of action relates to, or affects, and the parties against which the Plaintiff claims relief, must be within the context of the pleadings of the Plaintiff, particularly, the reliefs sought. It was argued for the Plaintiff that, an action such as the present one which raises constitutional issues and relates to the interpretation of the Constitution, cannot be said to be nebulous or speculative, as to deprive the Court of jurisdiction. In this regard, the Plaintiff relied on the case of PLATEAU STATE v ATTORNEY-GENERAL OF THE FEDERATION (2006) 3 NWLR (Pt. 967) 346. Further, the Plaintiff argued that, pleadings are required to contain only a summary of material facts on which the case of the party pleading rests, to give adequate notice of the substance of the case to the other party. The Plaintiff also stated that, the onus was on the Defendant to specify the case which it contends operates as res judicata. The Defendant submitted that, Section 2 (a) of the Public Officer Protection Act is inapplicable to this case, as the cause of action is an ongoing one arising every financial year. He cited the case of ABIODUN v A-G FEDERATION (2007) 15 NWLR (Pt. 1057) 359 at 412. Court’s Judgement and Rationale The Supreme Court held that, the subjectmatter of the present suit is a “dispute relating to the revenue of the Government of the Federation”, and that the dispute comes particularly within the confines of Section 251(1)(a) of the Constitution, over which the Federal High Court has been specifically vested jurisdiction, to the exclusion of any other court, including the Supreme Court. The Court also held that by virtue of Section 232 (1) of the Constitution of the Federal Republic of Nigeria, the Supreme Court will have original jurisdiction over a matter where: (i) there is a justiciable dispute involving any question of law or fact; (ii) the dispute must be (a) between the Federation and a State in its capacity as one of the constituent units of the Federation, (b) between the Federation and more States in their capacity as members of the constituent units of the Federation; or (c) between States in their aforesaid capacities, and the dispute must be one on which the existence or extent of a legal right in the aforesaid capacity is involved. The Court cited the case of A.G. FEDERATION v A.G. IMO STATE (1988) 4 NCLR 178. It stated that from the Plaintiff’s claim, there are complaints about the action and inaction of certain agencies of the Federal Government, as well as the revenue of the Federation The Court also stated that, the said agencies cannot be proper parties to any action in the Supreme Court, while it is sitting in its original jurisdiction. The Court held that, it had previously made pronouncements on the issues and reliefs presented by the Plaintiff in sister cases, in which the Plaintiff was a party. Therefore, the position embedded in the earlier decisions, constitutes res judicata and cannot be re-litigated. Based on the foregoing, the Supreme Court upheld the preliminary objection. Suit Struck Out. Representation: Chief A.S. Awolowo, SAN, Prince Lateef Fagbemi, SAN, N. Ekanem, SAN with Ogunmuyiwa Balogun and Omosanya Popoola for the Appellant A.A. Malik with D.C.I Osagie, Ogo Uwajeh, M. O. Akinsanya and N. I. Nta for the Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))
28.08.2018
NEWS/5
Lawyers Without Borders Fault IGP on SARS Reforms, Calls for Review Akinwale Akintunde
Paul Usoro, SAN receiving Certificate of Return as NBA President-Elect from the Chairman of Election Committee, Professor Auwalu Yadudu
Former NBA President Alegeh, SAN, Congratulates Usoro Jude Igbanoi
years to leading the Bar to even greater heights. I trust that the IncomingThe Nigerian Bar Association (NBA), has achieved yet President will be magnanianother milestone following mous in victory, and work the successful conduct of to unite the Bar after such its 2018 general elections, hotly contested elections. I appeal to all those who with universal suffrage via were not successful at the electronic voting. I most heartily congratulate elections, to graciously my learned Brother Silk, Paul accept the choice of the Usoro, SAN, on his election majority, and to offer as the 29th President of the support, advice and enNBA. I also felicitate with couragement to the elected the other elected National National Officers. I respectfully urge all our Officers, on their victory at the polls, and I charge them to members, to support the take the responsibility reposed Incoming Administration. in them by Lawyers seriously, The elections are over and and dedicate the next two we all as members of the
NBA, must come together as one family to support the new administration and ensure it succeeds. The NBA belongs to all of us, and we all must work together as one big family, to ensure its survival and sustenance as one indivisible unit. The task of leading the Bar is enormous, and the legitimate expectations of Lawyers, the Nigerian people and the international community, are that the new Administration will lead the Bar to greater heights, constructively engage the Government on
all issues pertaining to the sustenance of the rule of law and democracy, as well as be the leading voice of the voiceless majority. The new Administration must therefore, hit the ground running, and provide cutting edge leadership in dealing with all matters pertaining to Lawyers, the Judiciary, rule of Law and Democracy. It is time to work! It is my prayer and fervent hope that, the Incoming Administration of the NBA, will deliver excellently on the core mandate of the Bar.
Avocats Sans Frontières France, also known as Lawyers Without Borders France, has faulted measures outlined by the Inspector General of Police, Ibrahim Idris, to overhaul the activities Special AntiRobbery Squad (SARS). A statement issued last week and signed by Angela Uwandu, Head of the Body in Nigeria, noted that while it welcomes the order of the IGP for the overhaul of the SARS and Police in general as directed by Vice President Yemi Osibanjo SAN, “the measures outlined by the IGP are grossly insufficient, to achieve a real reform and to address the concerns of Nigerians and all relevant stakeholders, regarding the dangerous operations and various human rights violations of the SARS”. “This step by the IGP, is in response to the latest directive of the Vice President, Prof Yemi Osinbajo, SAN to the IGP on August 14, 2018, to overhaul the SARS unit. While ASF France sees this as a first step in the right direction, it is also of the opinion that the measures outlined by the IGP, are grossly insufficient to achieve a real reform and to address the concerns of Nigerians and all relevant stakeholders, regarding the dangerous operations and various human rights violations of the SARS. “ASF France can con-
firm from its experience in working for torture victims in Nigeria, that one of the major factors that prevents victims from coming forward or laying complaints for torture and other violations meted out to them by the SARS or other units of the Police, is fear of reprisal. It is therefore, crucial, that the IGP goes beyond providing numbers for complaints against SARS, but must also demonstrate measures put in place to protect complainants, and to avoid reprisals. “The IGP must also show that the complaint mechanism will be independently monitored, transparent, effective and responsive. Closely related to this, is the need to hold perpetrators of human rights violations openly accountable. This is the most important way, to curb impunity within the Police system. “Finally, ASF France believes that any meaningful reform of the SARS, and indeed, other Police units, must adopt an inclusive process of all relevant stakeholders. The Police must engage with actors such as the Ministry of Justice, to ensure full implementation of the new anti-torture Act enacted in December 2017. This important law, must play a prominent role in the reform efforts by the Police.” “Avocats Sans Frontières France, has been working with local partners since 2009 to end torture and to ensure access to justice for victims of torture in Nigeria”, ASF stated.
LawPavilion Unveils Nigeria’s First Artificial Intelligence Legal Assistant LawPavilion Business Solutions, a Legal Technologies Company in Nigeria, is set to release Nigeria’s first Artificial Intelligence Legal Assistant. This was revealed in a Press interview with the Managing Director, Ope Olugasa. The excerpt is highlighted below: We have known LawPavilion to have a penchant for spearheading innovations in the legal technologies industry in Nigeria. In 2016, you launched Nigeria’s first Legal Analytics Software, LawPavilion Prime at the 56th Annual General Conference of the NBA. Should we expect any new thing from your Company at this year’s NBA Conference? Absolutely! In fact our LawPavilion Prime with Case Analytics is the first of such, not only in Nigeria, but the whole of Africa. This year, we are integrating Artificial Intelligence, simply known as AI, into our Legal Software Solutions. Artificial Intelligence?
Lawyers themselves are an embodiment of intelligence. What’s with the Artificial Intelligence, being brought into the legal industry? In recent times, there has been a rave about Artificial Intelligence (AI), and this is because it is affecting every industry, shaking the very core of norms and redefining roles. This is primarily because with AI, machines can now do the things that were considered to be exclusively within the purview of human intelligence. AI is permeating every industry! For instance, in the medical field, AI techniques from deep learning, image classification and object recognition, can now be used to find cancer on MRIs with the same accuracy as highly
trained radiologists, while the Babylon AI Doctor App uses speech recognition to consult with patients, checks their symptoms against a database, and offers them adequate treatments. In marketing, recommendation engines make use of machine learning and predictive analysis to provide personalised recommendations to each customer. This has helped big e-commerce platforms such as Amazon, boost their revenue at an impressive rate. In transportation, Google Maps can analyse the speed of movement of traffic at any given time, and reduce commutes by suggesting the fastest routes. As seen above, Artificial
Intelligence is having broad and significant impacts across a variety of industries. Lawyers (and the legal profession), should not be left out in this new wave that bears many benefits. Today, in developed countries of the world, Artificial Intelligence (AI) is beginning to transform the legal profession in many ways, as Lawyers are already using AI to do things like reviewing documents, ensuring compliance (which is a very front burner issue for multinationals and transnationals), analysing contracts to determine whether they meet pre-determined criteria, performing legal research, and predicting case outcomes. Does that mean AI is
replacing Lawyers? Of course not! AI is not here to replace Lawyers; rather, it is here to augment what Lawyers do, and free them up to take on higherlevel tasks such as advising clients, negotiating deals and appearing in court, thereby being productive, doing much more in less time. At JPMorgan, for instance, an AI-powered program called COIN has been used since June 2017, to interprete commercial loan agreements. This means that work that previously took about 360,000 Lawyerhours, is now being done in seconds. Do you think Nigeria’s Legal industry is ready for AI?
We cannot wait for AI to come to us, in the Legal Services Industry in Nigeria. Rather, having observed the speed of adoption of AI around the world in several industries, I have no doubt that the Nigerian Legal Services has so much more to gain than lose, by quickly adopting and adapting AI to our industry. Thankfully, the Supreme Court has paved the way for even a faster adoption of AI, through the very succinct directive issued by the Honourable Chief Justice of Nigeria, Hon. Justice Walter Onnoghen on Friday, 2nd of February, 2018, mandating all legal practitioners to make use CONTINUED ON PAGE 15
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28.08.2018
Experts Sensitise Pro Bono Lawyers, Legal Aid Service Providers on Leadership, Capacity Building Akinwale Akintunde Nigerian Legal Practitioners who are into offering pro bono legal services and two of their counterparts from the United States of America, last week, gathered in Lagos for a “Leadership and Capacity-Building Conference for Pro Bono Lawyers and Legal Aid Service Providers in Nigeria”. The Conference was facilitated by the Network of Pro Bono Lawyers, formed by three Nigerian Legal Practitioners who are Mandela Washington fellows – Ahmed Adetola-Kazeem, Janet Gbam and Katumi Oboirien, with the support of the US Embassy, Nigeria; CLEEN Foundation and the National Human Rights Commission. Speaking during the well-attended Conference held at the Lagos Chamber of Commerce and Industry Conference Centre, Alausa, Ikeja, Adetola-Kazeem, who runs a non-governmental organisation, Prisoners’ Rights Advocacy Initiative, explained that the Conference was, among others, aimed at identifying major barriers to accessing legal aid facing indigent defendants. According to Adetola-Kazeem, the Conference will also help to create a network of Pro Bono Lawyers in Nigeria, which will allow professionals to share information, building partnerships and tackling challenges, as well as collaborating on future training initiatives. “The Conference will help to ensure proper coordination. It will make us more strategic in our approach, to enable us assist more people. Pro Bono work, is not restricted to the criminal justice system. If people are properly equipped, we can achieve more. “In Nigeria, 70 per cent of the inmates are awaiting trial. The Government, cannot do it alone. If we’re more coordinated, we can assist the government. “Lawyers must ensure that, their first duty is to ensure justice and access to it. If there is proper coordination of the entities engaging in Pro Bono work, and with more people joining, I think we’ll make a lot of progress.”
“The Government can assist Pro Bono Lawyers, with funding. The truth is that we need more prisons. The existing ones are so congested. The Government should do their part, in order to lessen the burden on Pro Bono lawyers”, PRAI Executive Director said. For Gbam and Katumi, the Conference was driven by a passion to help the less privileged. According to Oboirien, who is based in Kano, more Pro Bono Lawyers, are needed. “In Kano, the Legal Aid Council is understaffed. There are just about six Lawyers in the OPD, to deal with the massive population. So, we’re trying fill that gap, by bringing in more Lawyers to provide free legal services to those who cannot afford it. “One of our major challenges, is funding. There are things to pay for, such as record of proceedings and other expenses. So, the Government needs to come in and see how to help Pro Bono Lawyers, so we can continue to help the indigent persons”, she added. Gbam stressed the need for better quality, and urged free legal service providers to give their best. “Last year, I was privileged to be posted to the Brooklyn Defender Services for my professional development experience, during the Mandela Washington Fellowship. On conclusion, I decided to bring some of the knowledge that I got back home. “I reached out to Ahmed and Katumi, who I admire their work in the network, and we collectively organised this Conference. “Ultimately we want to bring a network of people together, and produce a Pro Bono Practice Guideline in Nigeria, because everyone is just doing their bit here and there. We need to develop a better quality programme, where anybody can pick up the Guideline and know what the legal profession is doing in this regard”, she noted. The Conference had two keynote Speakers, Hannah McCrea and Nyasa Hickey, who are leading Attorneys of Brooklyn Defender Services,
L-R: Conference Conveners, Janet Gbam, Oboirien Katumi, Keynote Speaker, Hannah McCrea, Controller of Prisons, Lagos State Mr, Ladipo Tunde, Keynote Speaker, Nyasa Hickey and Conference Convener, PRAI Executive Director, Mr. Ahmed Adetola-Kazeem at the Conference, last week
United Sates. Speaking on “Making the Right to Counsel a Reality: Strategies and Best Practices”, McCrea explained that legal aid is a fundamental right to the indigent. She listed strategies for best legal aid practices to be, Specialisation, Working together within profession, Forming partnerships outside of the legal profession,Tracking outcomes and measure Quality, and Engaging in targeted Political Advocacy. Hickey, who spoke on “How to Provide Wrap-Around Legal Services”, using Brooklyn as a case study, said “We partner with law firms, corporations and retired private Attorneys, to craft novel strategies to systematically challenge policies and procedures that compromise our clients’ rights to dignity, security and economic opportunity. The Controller of Prisons in Lagos State, Mr, Tunde Ladipo, who was a special guest, said more use should be made of community service, rather than sending all minor offenders to prisons. He faulted the practice of Mobile Courts
imposing fines of up to N30,000 on indigent minor offenders, and sending them to prison if they are unable to pay. To him, such offenders should be sentenced to community service, where they can be useful to the State, rather than sending them to prison where they may end up spending more time than necessary, due to their inability to afford the fines. “Instead of bringing them to prisons, they can be engaged in community service where they can be productive”, he said. Tunde Ladipo said the prison authority was making efforts, to ensure that inmates are useful when released. Some have become graduates while in prisons, while two have registered for their Ph.D programmes. No fewer than 157 inmates, will write GCE next month, he said. The Conference also had a panel discussion, which featured Lagos State Community Service Unit Director, Mrs. Shakirat Karimu-Kotun, Lagos State OPD Director, Mrs. Olayinka Adeyemi, Citizen Gavel Founder, Mr. Nelson Olanipekun, Consumer Rghts Activist, Mr. Olumide Babalola, and Hijab Rights Initiative Founder, Mutiah Orolu..
Legal Personality of the Week Oluwatoyin Badejogbin
‘A Lawyer should have a Goal that is Beyond Himself’ I am Oluwatoyin Badejogbin. I have had a fairly lengthy career in public interest law, specialising in human rights, counterterrorism and criminal justice, etc. I have a PhD in Criminal Justice from the University of Cape Town, where I also worked for an Applied Research Unit called the Democratic Governance and Rights Unit at the Department of Public Law, researching, advocating and implementing rule of law programmes across sub-Saharan Africa. I am also a Research Associate at the Centre for Comparative Law in Africa, also at the University of Cape Town. A while back, I was, and still am, a Senior Fellow in Philanthropy at the Centre for Civil Society Studies, Institute for Policy Studies, Johns Hopkins University. I currently work out of Nigeria, where I run a research consultancy and consult for organisations on counterterrorism. I love what I am doing. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? I have had quite a few challenges, but let me tell you one that goes back to when I started legal practice. I will tell you this, because the challenge still lingers. I started legal practice in the Abacha years, and those were pretty bad times, not just because the country lived under military repression. Things stank generally in the legal profession. You could hardly file or serve a court process or move your file through the system, without ‘mobilising’ or oiling the wheels. I was deeply revolted by it. That experience impacted me a great deal. I am afraid, we are not yet completely out of the woods on corruption in our court systems. I guess there have been changes, and the reputation of our courts are getting better, but we still have some ways to go.
Oluwatoyin Badejogbin
What was your worst day as a Lawyer? But I would say my worst day as a Lawyer, was when my client, one of my first, was remanded in custody over something he probably did not do. He looked poor and helpless in the dock. I felt helpless too. It was an area court in Dutse. They were a law to themselves. What was your most memorable experience as a Lawyer? I have a handful, but nothing gives me greater satisfaction than seeing systems change and people empowered. I believe that the law is an instrument for socioeconomic transformation and that the more people become acquainted with the law, the better equipped they are to participate in the governance of their lives and compete for economic opportunity. One of the projects I did while I worked at the University
of Cape Town was to promote access to legal information. I did not start the project, but I was delighted to be become part of the team that was opening access to African law. I learnt a great deal about the importance of free access to legal information. You will not believe how many Chinese and other foreign business interests scour African laws to exploit economic and commercial opportunities in Africa. We studied these things. Unfortunately, Africans do not always have access to their laws because they cannot afford it. Access to law should be exclusive to lawyers, judges and companies who can afford the cost of buying books or securing a top shot lawyer. The good news is that I joined a team that is changing that narrative, and some of my accomplishments include initiating and getting the Nigeria Legal Information Institute (NigeriaLII) and the Tanzania Legal Information Institute started. Although I am no longer involved with NigeriaLII especially, Chino Obiagwu is doing a good job with taking the project forward. NigeriaLII’s future is bright and I think it was a blessing for me to be on a place where I could conceive it. The future and competitiveness of the SMEs and youths of our continent lies – to a considerable extent - in their ability to access legal information for themselves and use it. Who has been most influential in your life? This is a hard question, because it forces me to be honest, and if I must give candid answer, then I must say that the singular influence in my life is Jesus. I’ll tell you why. He was a human rights advocate par excellence, like no other. He spoke fearlessly and selflessly, against the ills and the treachery of the Jewish leaders. He was so sensitive the to the downtrodden, elevated women long before we heard about feminism. His example, was counterculture to
the patriarchalism of his days. I do not relate to Him as a human. I adore Him as the divine. He is my inspiration. But I also have someone I look up to as a mentor, and that is Joseph Otteh, the Executive Director of Access to Justice. I cut my tooth as a Human Rights Lawyer, under him several years ago. His soft disposition, large heart, insight and untiring commitment to the human rights course, his creativity, have all been exemplary. He has been a blessing to me. Why did you become a Lawyer? I guess it was fancy, but my late father obviously had clearer objectives, when he sat with me to fill my JAMB forms. What would be your advice, to anyone wanting a career in Law? Have a goal, that is beyond making a name and a good life. Have a goal beyond yourself. Live for something that can be carved in stone. If money is your goal, you cease to be relevant the day you turn broke. Life gets tucked into a hamster wheel, when relevance is defined by the balance sheet. Our goals in life, should be to impact people for the better. If you had not become a Lawyer, what career would you have chosen? I think a lot about social entrepreneurship, these days. I may have found my way there. Where do you see yourself in ten years? I hope that I would have touched more lives, through the instrumentality of the law, more people get to improve their lot in life, because our laws expand opportunity. I hope I would have played one role or the other, in making our criminal laws more humane. Perhaps, one or two social enterprises. If the good Lord gives life.
28.08.2018
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SERIOUS MATTERS OLAWALE FAPOHUNDA
faps2001@yahoo.com
NBA Elections: Need to Move Forward
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A Disappointing Administration have never lost an opportunity, to express my disappointment with the A.B. Mahmoud led Administration. I simply do not understand how an administration could promise so much, and deliver almost next to nothing. President A.B. Mahmoud, was elected into office with sterling credentials. Quite aside from his familiarity with a cross section of the legal profession, he came into office with expansive contacts in civil society, government, traditional institutions and of course, the private sector. I doubt if any one will disagree, that he is in many respects, an urbane and brilliant Lawyer. Truth be told, this resume was never deployed for the benefit of the Legal Profession, or Nigeria as a whole. A Presidency gone AWOL This President, A.B. Mahmoud, went AWOL, from the day he was sworn in to office. In his absence, incompetence, nepotism, cronyism, controversy and a tragic absence of direction, crept into the governance of the NBA. His agenda wrapped around the catch phase, a ‘Brave new Bar’, became meaningless, and has been subject of beer parlour jokes. Coming from the high standards set by his predecessors in office, the last two years has been a nightmare, a painful experience that has left the Bar calling for a return to the good old days. A Scandalously Expensive Flawed Election It is this hands off approach to the administration of the NBA, that for the most part, is responsible for the conduct of a flawed election, that, without doubt, will haunt the incoming administration for the next two years. Indeed, the NBA’s standing as the voice of the voiceless Nigerians yearning for credible general elections in 2019, has been badly damaged. Simply put, if the NBA cannot organise a free, fair and credible election for its leadership, how can it possibly engage INEC on the need for credible elections for Nigeria? The NBA election, and its outcome has rightly been subject of much criticism. I have written previously on this page, about the increasingly divisive nature of NBA elections. It is inexplicable why elective offices to the leadership of the NBA, should evoke so much passion. This is more so, when these offices are essentially a call to thankless service. Our elections have become scandalously expensive, and without substance. Its outcome, at least for the Presidency, often reflects not what the candidate has in his head, but what he has in his pocket. This has to change. The e-voting system was designed to bring credibility into the process, achieve popular participation and respond to concerns about campaign financing. The recent elections, may have rubbished these lofty ideals. It is my view that, the fault with this election was certainly not with the system, but in the outgoing administration’s management of the process. Moving Forward with Embarrassment Going forward, the membership of the NBA is today confronted with a choice. We can either continue to mourn our flawed electoral process and stand the risk of internal implosion, or recognise that the NBA is not a political party. Our electoral process and its outcomes, cannot be a do or perish scenario for the Association, and therefore, it is incumbent on us to move forward. I am almost embarrassed to say that, I am in support of the ‘moving forward’ school of thought. The socio-economic and political situation in Nigeria today, requires a vibrant and public interest centred Bar. The NBA cannot at this time, afford to feel sorry for itself. A new national executive has emerged, with all the glaring limitations of the electoral process that produced
“THIS PRESIDENT, A.B. MAHMOUD, WENT AWOL, FROM THE DAY HE WAS SWORN IN TO OFFICE. IN HIS ABSENCE, INCOMPETENCE, NEPOTISM, CRONYISM, CONTROVERSY AND A TRAGIC ABSENCE OF DIRECTION, CREPT INTO THE GOVERNANCE OF THE NBA”
A.B Mahmoud, SAN
NBA President-Elect, Paul Usoro, SAN
them. It is in the interest of the NBA, that we all rally around the new administration.
in the Justice system. A combination of limited political will, Government’s poor understanding of what needs to be done, along with the outgoing administration’s limited subject-matter appreciation or passion for reform, have proved to be stumbling blocks in achieving reforms in this sector. The incoming NBA administration, should seek to provide a strong incentive for Governments at the Federal and State levels, to embark on concrete steps aimed at achieving sustainable reforms in the justice system, at least over the next two years. Specific areas of intervention particularly in the administration of criminal justice should include, providing leadership to legislative advocacy initiatives around important justice sector Bills. Relatedly, the idea of NBA playing an important role in the delivery of pro bono services to a large majority of indigent persons who come into conflict with the law, appears to have been jettisoned by the Mahmoud administration. This has contributed to much of the negative news headlines over the past two years, that gives the impression of a Bar that is selfish, self-centred, and has lost touch with the concerns of ordinary Nigerians.
Five Areas of Focus for the New Administration In conclusion, it is necessary for us to collectively agree on a practical agenda for the new administration. In setting this agenda, the Bar should resist any ridiculous agenda that is high on buzzwords, and low on substance and common sense. We cannot afford another two years, of bravely going nowhere. An agenda that prioritises the need of the profession, while at the same time promotes rule of law and good governance in Nigeria, should include the following. Agenda 1: Establish a Panel of Inquiry into the NBA Electoral Process Much as we need to move on, the NBA cannot ignore the concerns of many of our colleagues, who have raised legitimate concerns about the integrity of our electoral system. The new leadership, should consider the urgent inauguration of an inquiry into the recent elections. The proposed inquiry will provide a platform to examine the complaints of aggrieved persons, as well as identify the strengths and weaknesses of the present regime, with a view to achieving credibility in future elections. Agenda 2: Strengthen the Legal and Institutional Framework of the NBA Achieving the much-desired professionalism in the administration of the NBA, requires clarity in its institutional and legal framework. Discussions around the amendment of the Legal Practitioners Act, must now be finalised. This should be a priority intervention, of the new administration. On strengthening the institutional framework of the NBA, the NBA Secretariat remains a sore issue. Again the hands off approach to the administration of the NBA by the outgoing administration, in many ways led to the progressive weakening of the NBA Secretariat. Rather than focus on developing the capacity of existing personnel to meet the growing and diverse needs of members of the Association, it is public knowledge that the NBA Presidency went on a recruitment spree, including creating the ridiculous position of a Chief of Staff. The NBA Secretariat, should not be a dumping ground for cronies of National Officers. It is important that the new administration urgently embarks on a staff audit of the Secretariat, with a view to making the Secretariat ‘crony free’. The same logic should apply to Committees and sections. These should be revitalised, refocused and professionalised, to deliver effectively on the mandate of the Association. Agenda 3: Develop a Practical and Realistic vision, for the reform of the Administration of Justice system in Nigeria, with emphasis on the role of the NBA It is no coincidence that, the NBA Presidencies that have been successful, are those that have prioritised public interest advocacy. The overall objective of the reform of the administration of justice system, is to build a justice system that is affordable, efficient, independent, transparent, professional and accountable to Nigerians, one that ensures the rule of law and the observance of human rights, and contributes to reclaiming the trust of Nigerians
Agenda 4: Strengthen relationships with Foreign Bars, Law Societies, Law Associations, and International Law Associations The NBA should continue to build on our good relations with professional bodies of the legal profession, in other countries. There is a need to implement existing Memorandums of Understanding (“MOU”), specifically those that create opportunities for members of the NBA. The idea of the NBA International Internship Programme, that seeks to place our young Lawyers in International Bar Associations and foreign Law firms, should be reactivated. Also the African Bar Leaders Conference that was terminated by the Mahmoud administration, should be reconvened. The NBA should have more than a passive voice, on the state of legal practice on the African Continent. In addition, the NBA Legal Service Trade Mission initiative should be revitalised. The purpose of this initiative, is to introduce Nigerian law firms to foreign legal markets, and to raise awareness about the Nigerian legal and business climate, to companies interested in doing business in the Nigerian market. Agenda 5: Relationship between the NBA and the Federal and State Governments The NBA in the last two years, has been meek and silent on important national issues, especially those with implications on rule of law and respect for fundamental human rights. The Mahmoud administration appears to have adopted a ‘constructive engagement’ approach, in dealing with Government on important issues like obedience of court orders, violence against Legal Practitioners and Judicial Officers, fundamental human rights, reforms in the criminal justice sector, to mention but a few. This needs to change. The failure of institutions of Governments at both levels to progress important reforms, requires a change of strategy from ‘constructive engagement’ to ‘aggressive engagement’. This means using all the tools at the disposal of the NBA, to place these concerns on top of the national agenda.
8/COVER
28.08.2018
28.08.2018
COVER/9
Controversial NBA Elections and the Future of the Bar Nigeria’s umbrella body of Lawyers and the largest Bar Association in Africa, the Nigerian Bar Association (NBA), concluded its elections into national offices last week. Criticisms have continued to trail the exercise, even as the outgoing Exco is preparing to swear in the incoming one this week, despite complaints and calls for the cancellation of the elections. The candidates for the office of President, claim that the election was planned with a predetermined winner, and skewed in favour of a particular candidate, even before Lawyers cast their votes. On the whole, many say that it does appear that the NBA has learnt any lessons, from the Port Harcourt debacle of 1992. That despite the challenges and complaints, the Bar must forge ahead to play its role of defending the rule of law, as enshrined in its Motto and Constitution. While Paul Usoro, SAN, the incoming President of the NBA, answered a few questions for THIS DAY LAWYER, Dr Chidi Anselm Odinkalu, Professor Ernest Ojukwu, SAN and Olumuyiwa Olowokure, write and examine the various complex issues that flowed from the elections, which many Lawyers have declared to be the most controversial, in the over six decade history of the Association
How Free and Fair was 2018 NBA Election?
The Unraveling of the ‘Brave New Bar’: How the NBA Elections Were Corrupted and Rigged Dr. Chidi Anselm Odinkalu “The manifestation of the wind of thought is not knowledge; it is the ability to tell right from wrong, beautiful from ugly. And this, at the rare moments when the stakes are on the table, may indeed prevent catastrophes, at least for the self” Hannah Arendt
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hortly after 07:00 hours, Lucy (real name protected), received a code on her hand-held device, supposedly to enable her to cast her vote in the ballot to elect a new leadership for the Nigerian Bar Association (NBA). The two- year tenure of the elected officers of the NBA led by Abubakar Balarabe (AB) Mahmoud, a Senior Advocate of Nigeria (SAN), was due to lapse at the end of August 2018. Under the Constitution of the Association, the ballot was to have concluded before the end of July. A cocktail of implausible cock-ups, had conspired to defer the completion of the ballot by three weeks beyond the constitutionally permissible date. More than one hour before Lucy received her voting code, shortly after 06:00 hours, however, Auwalu Yadudu, Professor of Law and former Legal Adviser to General Abacha, in his capacity as Chairman of the NBA’s Electoral Committee (ECNBA), had announced the outcome of the elections under the supervision of NBA President, AB Mahmoud, SAN. In the event, having kept vigil for over 36 hours, Lucy found that she could not vote. The code she had received was useless. The question of how a voting portal that was supposed to have been shut down one hour earlier, was still able to generate voting codes when it did, may never be answered. Meanwhile, according to the tallies announced by Yadudu, the contest for the Presidency of the NBA had come to an end with a winner who scored 4,509 votes, to beat his closest rival who got 4,423 votes. A third candidate scored 3,313 votes. He also dispensed other numbers, anointing
various other supposed winners and losers. Moments before Yadudu’s announcement, the Campaign Organisation of Arthur Obi-Okafor, a Senior Advocate and one of the candidates for the position of President of the Bar, had addressed a letter to him citing “inexplicable and strange surges of votes” for the candidate announced as winner, and alleging “glaring incidences (sic) of hijacked votes”. In his letter, Obi-Okafor announced his withdrawal from the contest, declaring categorically that he “cannot accept the outcome of the result”. Swiftly on the heels of Yadudu’s declaration, Ernest Ojukwu, another Senior Advocate and Law Professor, who also ran for the office of Bar President, denounced the election as having been characterised by “massive vote buying, vote capture, rigging and a skewed process”. The figures announced by the ECNBA suggested a very spirited contest. In reality, it was anything but. The ECNBA and the NBA leadership of AB Mahmoud, SAN, had presided over the most wilfully manipulated ballot in the history of the Association. The full story of how this was achieved, defies the limitations of the present medium. Four highlights of the story, however, deserve to be told. It is a tale of disqualification à la carte, implausible incompetence, mass disenfranchisement and digital heist. Disqualification à la carte At the beginning of the year, there were four aspirants to lead the NBA. One of them, Afam Osigwe, was enrolled as a Lawyer in 1999 and had previously served as the GeneralSecretary of the NBA for two years until 2016. Mr. Osigwe was seen as representing a younger generation of Lawyers, in an election in which the energy and votes lay with young Lawyers. As an electoral proposition, his ambition was clearly dangerous. If he won, Mr. Osigwe would have retired at least one generation of NBA politicians. So, at the beginning of July, the ECNBA decided to disqualify him Explaining the decision of the Committee, Professor Yadudu claimed that Mr. Osigwe had “not met the requirement of his membership dues,
Paul Usoro, SAN
F
rom the onset, there were ominous signs that the elections would pose major challenges, but many trusted the integrity of the Prof Awalu Yadudu led Electoral Committee of the Nigerian Bar Association. The first major indication that the process may not be free and fair, was when one of the candidates for President, Mazi Afam Osigwe was disqualified from the race. The former NBA General Secretary went to court to seek justice, and the matter is still pending before the Anambra State High Court. Lawyers became apprehensive and pessimistic when Chams, the IT company contracted to provide the online platform for Lawyers to vote, couldn’t surmount the humongous challenges encountered by Lawyers, even for mere verification of voters. This was in addition to one of the Presidential candidates, being linked on several fronts with Chams. Another IT company CRENET was brought in at short notice to remedy the situation, at least with verification. In spite of all these measures, the election was flawed on several fronts, and for many good reasons.
A.B. Mahmoud, SAN
and he could not also clarify his payment of.... bar fees”. This story only made sense, to the ECNBA and the NBA leadership. To be eligible to vote, a Lawyer had to fulfil four basic requirements. First, the person had to have been enrolled as a Lawyer in Nigeria. Second, he or she must have paid their annual practicing fees, as well as Branch affiliation dues by the end of March 2018. Third, the person must adhere to one of the 124 Branches of the Association. Finally, the person must have paid their Branch membership dues, also by the end of March 2018. Naturally, a contestant for office in the NBA has to fulfil the basic requirements, for eligibility to vote. In addition, candidates for office had to also have paid their practicing and Branch dues, for at least three consecutive years preceding the election. Mr. Osigwe was a member of the troubled Abuja Branch of the NBA. Indeed, he had previously served as a Chairman of the Branch. In 2016, the Branch had a leadership transition that ended in controversy. The
NBA President-Elect, Paul Usoro, SAN
then President of the NBA, Augustine Alegeh, a Senior Advocate, intervened. Ultimately, the matter went before the National Executive Committee (NEC) of the NBA and thereafter, to the Annual General Conference (AGC) of the Association, who decided in 2016 to recognise Mr. Anumnu as the Chairman of the Branch. The AGC, is the highest decision making body in the NBA. While there was finality from the NBA leadership, the manner of the decision factionalised the Abuja Branch. With the advent of the AB Mahmoud Presidency, the issue was re-opened. His mediation efforts, were
“UNSURPRISINGLY, THE RESULT WAS ANNOUNCED AT AN HOUR WHEN, ACCORDING TO NIGERIAN LEGEND, ONLY WITCHES AND WIZARDS RETURNING FROM AN OVERNIGHT ENCOUNTER IN A COVEN, COULD BE EXPECTED TO BE FULLY AWAKE”
unsuccessful. Rather than return to the AGC, Mr. Mahmoud sought support of the NEC of the NBA to depart from the decision of the AGC, and lift the recognition of Mr. Anumnu as the Chairman of the Abuja Branch. A court order precluding him from doing this, was disregarded. Instead, Mr. Mahmoud proceeded to appoint a Sole Administrator for the Abuja Branch. With the Abuja Branch factionalised, it became difficult for members to determine which faction to pay their compliance dues to. Caught in this difficulty, Mr. Osigwe decided at the end of 2017 to “transfer” his membership from the Abuja to the Nnewi Branch of the NBA. No one disputes that a member of the NBA, can do this under the Constitution. Nnewi Branch welcomed him, and he fulfilled his membership obligations for 2018 with the Nnewi Branch. Equally, no one disputed that Mr. Osigwe had in fact, paid his practicing and branch dues for three years preceding the election. For 2016 and 2017, he CONTINUED ON PAGE 10
NBA President-Elect Speaks The day after the election results were announced, THISDAY LAWYER sought the reaction the President- elect, Mr. Paul Usoro, SAN on the criticism and controversies that trailed the electoral process through which he emerged as President. The Healing Process We need to heal the wounds, and bring people together. Because we are stronger together, and we need to work together. What we really need, is an association that is strong and can achieve its primary goals and ambitions. I have actually reached out to those who contested against me in that election, and I will sit down with them if they are willing, and discuss ideas that will benefit the Association. We’ll discus ideas that are useful to the Association, and implement them in my tenure accordingly. It will be to everyone’s glory. My Campaign was Rancour Free I maintained my cool throughout the election, despite all the ugly things that were thrown at me. I had told all my supporters to follow that lead. I have said it severally, that winning an election is not a moment for triumphalism. That is not me, by the way. I am one who leads by example, and its my example that will then trickle down to my supporters. I don’t have anything to prove, except to show that in the next two years when the records are
tallied, that they will say ‘this was one of the best administrations of the Nigerian Bar Association. What would be the first steps you’ll take, in the first three months of assumption of office as President of the Nigerian Bar Association? What issues will you focus on immediately? I will focus on the welfare of Lawyers. The issue that we have discussed before, is the brutalisation of Lawyers by security agencies. That is something I will want to deal with in the first one month, deal with the issues and make sure they don’t happen again. Another thing I will focus on, is one on which I made a commitment. I want to reorganise the NBA. I would like to see financial accountability and transparency, in the things that we do. I have worked in Institutions . I have been on the Boards of big and serious Organisations. One way that you achieve this, is by ensuring that your financial statements are prepared and published, so that everybody can see what you are doing. That is one thing I am very passionate about. Starting from the first quarter of this administration, I will ensure that we have well prepared financial statements that contain everything, that will be easy to understand. To make this possible, we’ll ensure we engage the right calibre of staff in the NBA National Secretariat, who can prepare these statements. That particular project, has multiple ripple effects. One, is it will engender confidence in members of the Association. Another thing is that in the process, you’ll see efficiency in work. Thirdly, you’ll start having proper institutions. This will also ensure that, we have moral equity. Apart from these, I do intend to get into the issue of stamp and seal. I would like to meet with the contractors, and see what the real costs of these stamps and seal are. Don’t forget that we are getting into September. As we take over in September, we’ll prepare in advance and see that Lawyers get their stamps and seals early enough. I am determined that, we should never have such a situation, that it takes so long to get them, again. The other thing we would work on very early is our Annual General Conference. It might look like its one year, but one of the complaints I hear very frequently, is that cost of the AGC. We can only start to plan and think of how to manage that cost, if we can have a look at how it has been determined, over the years. What are the cost constituents? How can we make it affordable for Lawyers generally? Also, we’ll start working on a process which will desegregate the content preparation for the Annual General Conference. In other words, lets have different sets of people work on the content of the Conference. Let the Sections, their Committees and the different fora, have some responsibilities,
“WHAT I WOULD URGE MY COLLEAGUES TO DO, IS TO UNDERSTAND THAT IN MAKING ALLEGATIONS THAT ARE NOT FACT BASED, WE ARE ACTUALLY NOT ONLY DIMINISHING OURSELVES, BUT THE ENTIRE ASSOCIATION. IT IS NOT HELPFUL”
with regard to the content of the Annual General Conference. Then, we should have a different set of people, look at the logistics and costs. These are some of the things we’ll look at in the first few months of our tenure. Then of course, we’ll ensure we play our role as the voice of voiceless, also ensuring that the promotion and protection of the rule of law is constant. This election has been adjudged to be, the most controversial and contentious in the history of the NBA. First, we had what Lawyers referred to as ‘Chamsgate’, then we had several shifts in the election schedule, including a change of service provider from Chams to Crenet. Despite all this, many Lawyers complained that they could not be verified to vote. There were instances where Branches had over 80% of their members shut out of the process. There were also allegations of fraud and insider dealings, and your name was actually mentioned in connection with this. Eventually, the elections held. Given these challenges and criticisms, would you say the process that threw you up as President of the NBA, was free and fair? The process was free and fair. Let me give you some perspectives, on this Chams issue. Essentially, let me repeat what Chams had said. They said Paul Usoro had no shares in Chams. They also said its Chairman, Mrs. Awosika, had no shares in Chams, she is an independent Director. Chams had said that, Access Bank where I sit as Director, has no interest or shares in Chams. They also said that neither Paul nor Mrs. Awosika was involved in the process, for the purposes of the election. I don’t know if you have seen anything, that contradicts these factual assertions, but CONTINUED ON PAGE 10
10/COVER
28.08.2018
THE UNRAVELING OF THE ‘BRAVE NEW BAR’: HOW THE NBA ELECTIONS WERE CORRUPTED AND RIGGED
Professor Auwalu Yadudu
had paid with the Abuja Branch. In 2018, he paid through the Nnewi Branch. Somehow, however, the ECNBA and the AB Mahmoud Presidency of the NBA manufactured in these facts, convenient reasons to disqualify an inconvenient aspirant. Implausible Incompetence The NBA Constitution requires that, voting in its leadership election should be done electronically. This is not entirely too ambitious: the NBA is arguably the most literate Association in Nigeria. Every member of the Association brings to the table a minimum of two degrees, one academic and one vocational. This requires the Association or its Electoral Committee, to invest in data management, platform security and transparent communication, including voter education. The ECNBA did none of these. Without information, candidates and campaigns were unable to undertake voter education. Voters were in the dark, about what to do or expect. The voting information provided by the ECNBA was regularly incorrect, incomplete or downright misleading. In the end, a voting process that was supposed to be seamless, suffered at least eight deferrals and one suspension. Every stage in the process, was tortured. Unsurprisingly, the result was announced at an hour when, according to Nigerian legend, only witches and wizards returning from an overnight encounter in a coven, could be expected to be fully awake. By some coincidence, it required the deployment of very dark wizardry, to manufacture the outcome that the ECNBA announced in this process. To begin with, the Committee had no concept, specifications or parameters for its electronic voting platform. The selection of its platform providers, was shrouded in secrecy. If there was any bidding, it was not public. The public communication of the chosen providers, occurred by happenstance. A scandal – known as “Chams-Gate” erupted, when it emerged that the voting platform provider selected was Chams PLC. As it turned out, the ECNBA was hardly involved in this choice, and had done no due diligence on the provider. If they did, they would have discovered that Chams had provided the platform for the scandalously rigged leadership election of the Institute of Chartered Accountants of Nigeria (ICAN), in 2014. As it turned out, a leading contender for the Presidency of the NBA in the ballot was, like the Chair of the Board of Directors of Chams, also a director the NBA’s sole bankers, Access Bank PLC. Access Bank, in turn, was a substantial shareholder in Chams. As summed up by the present writer at the time, “a company substantially owned by Access Bank and chaired by a director of the Bank, will supervise the voting to elect the leader and principal signatory to the accounts of a substantial customer of the Bank, in a ballot in which a leading candidate is a Director and lead Lawyer of the Bank”.
CONTINUED FROM PAGE 9
Mazi Afam Osigwe
Somehow, the ECNBA missed all of this information, which was publicly available. With public pressure mounting over Chams-Gate, NBA President, AB Mahmoud, himself also the first VicePresident of the Nigerian Stock Exchange (NSE), called a meeting of the candidates, at which he ruled that none of this information was prejudicial to Chams’ involvement in the election. With the relish of an Archimedes yelping at the discovery of floatation, the NBA President announced on 22 July that the voting process shall be “disaggregated into three (3) stages, and each stage shall be handled by separate entities or service providers duly appointed by the ECNBA de-segregation of the electoral process.” He itemised these three stages as: (a)pre-election: process of compilation and verification/ validation of list of voters; (b)election: the deployment of the e-voting platform for NBA elections; (c)post-election: an audit of the electoral process. For the pre-election phase, Mahmoud asked the ECNBA to engage new data managers. Despite the scandal around it, Chams was to be retained for “the deployment of the e-voting platform for NBA elections, which it has already developed”. For the post-election audit, Mahmoud promised that “the ECNBA will develop a post-election audit framework and process, and may engage an independent entity for that purpose”. Three days later, the ECNBA announced it had engaged a new election data service provider called CRENET. No one had heard of them before, and no one knew how they were engaged. Mass Disenfranchisement One of the consequences of this incompetence was the massive disenfranchisement of voters. In all, 12,245 votes had apparently been cast, in what looked like a very spirited contest according to Yadudu’s declaration. In fact, 32,228 Lawyers had threshold eligibility to participate in the elec-
“IN THE WAY IT HAS CONDUCTED THE TRANSITION IN THESE ELECTIONS, THE AB MAHMOUD ADMINISTRATION ASSURES FOR ITSELF, A PRIZE IN THE COLUMN BETWEEN INFAMY AND IGNOMINY”
tions. The 12,245 votes cast, represented a mere 37.99% of the eligible voters. Voter verification was deferred at least four times, extended thrice, suspended twice and lasted over a fortnight. This degree of uncertainty, had to have been either wilful or caused by incompetence. Characterised as it was by frustration, only 14,215 lawyers in the end managed to accredit to vote. In other words, through the manufactured frustrations of verification, 55.89% of voters were firmly disenfranchised, before even voting had started. Hack Attack In their 2018 book How to Rig an Election, Nic Cheeseman and Brian Klaas argue that, “once upon a time, to do the dirty of changing votes, you had to be present in the actual polling location. That is no longer true.” According to them, “there is a much more direct way to rig elections with computer technology: hacking vital election infrastructure.” In their 2017 study, “Making Democracy Harder to Hack”, published in the University of Michigan Journal of Law 7 Reform, Scott Shackleford, Bruce Schneier et al point to three vulnerabilities that can be attacked to compromise an election: voter rolls (who can vote), voting machines (who you vote for), and vote tabulation (how many votes each candidate received). In the NBA ballot, all these were on display. It was as if the authors had written a manual for election rigging, in the NBA. Voting rolls supposedly closed at the end of March 2018. However, quite a few persons who paid their practicing fees after 31 March, managed to find their names on the electoral roll of the ECNBA. There was never an explanation as to how that happened. In the middle of voting, inexplicable changes occurred in data fields. At a point on 19 August, over 3,000 voters who were not on the list, were somehow “restored” to the list. Meanwhile, Lucy was not the only one who could not vote. In Ahoada, Rivers State, Isaac and Lauretta were unable to vote too – their voting data had been appropriated by some unknown persons who voted under their respective identities. In Bori, another Branch of the NBA, the identities of nearly all eligible voters in the Branch, had been stolen by undisclosed persons using a common domain, who used the stolen identities to vote. All over the country, unknown persons, apparently acting in co-ordination, had miraculous access to voting data and were either using stolen data to vote for other persons, or importuning voters electronically to vote for a particular candidate. This was more than just a hack attack. It was joint criminal enterprise. The ECNBA knew this, because it was brought to their attention. Three domains were implicated in the voter CONTINUED ON PAGE 12
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HOW FREE AND FAIR WAS 2018 NBA ELECTION? I haven’t seen any. My own take is that, as Lawyers, we ought to deal with facts and not speculations. If there is anybody who has facts that contradict those four sets of facts I just stated, let them bring them out. Crenet was brought in, to handle the verification exercise. I didn’t know Crenet, just like I wasn’t involved in how Chams was brought in. I didn’t know Crenet and Chams, provided the platform for the election. What I would urge my colleagues to do, is to understand that in making allegations that are not fact based, we are actually not only diminishing ourselves, but the entire Association. It is not helpful. I will rather deal with facts. Provable facts, and we all know what facts are, according to the Evidence Act. Having said that, the elections have come and gone, and I personally think it would not be profitable, to keep dwelling on the elections. Are there lessons that we can learn from it? Most definitely there are. The process of verification was rather difficult, and it went through different levels of challenges. But, even we as an Association, haven’t captured the data of our members to be used in future. Maybe that is a lesson, that we should learn. We should try to look at some of lessons we can learn, and some of things we can take from what happened in that election. That would be more profitable. To be more specific, some believe this is the right time to disabuse the minds of the larger populace, who are insinuating the even Lawyers cannot organise simple elections, and yet, they are the ones entrusted to handle election petitions in the polity. There are other allegations, for instance, it was said that your home Branch, almost 80% weren’t verified. That gave rise to the criticism that it was wrong for the ECNBA to have relied other on Chams or Crenet, to handle the election when there were so many discrepancies and shortcomings, which could have necessitated a cancellation of the entire exercise. Most of the Branches in Rivers State, complained that a larger majority of their members weren’t verified. The Eastern Bar Forum, has convened a meeting at Asaba, and we understand that, litigation is top on their agenda. This is in addition to the fact that, NBA is already saddled with litigation arising from the past election held two years ago. Some have suggested that this calls for a healing and reconciliation process. How would you go about this? Many Lawyers feel hurt that, they were disenfranchised. Let’s start with the allegations. It would be interesting to know how anyone came by the information that the Lawyers from my home Branch, Lagos, weren’t verified. I haven’t seen those statistics. The Chairman of the Branch, has not told me so. By the way, there are some who had attempted to do verification by Crenet, and they had challenges at the first instance. But those challenges, were subsequently addressed. I had people who said the exercise was seamless when they verified on Crenet. I have not heard these complaints. By the way, in an Association like ours, there are those who may not even want to be verified. You see, these allegations are easy to throw up, but I am looking for the facts to support them. I haven’t heard any Branch Chairman, complain that members of his Branch couldn’t verify. So, let our allegations be fact-based. Having made that point, it is understandable that in a clime like ours, when elections are won and lost, there is always a lot of passion. Its like even in this 21st century, if a man dies even at 100 years, they will say it is not ordinary. It is witches and wizards in the village that killed him. It’s the same thing, with elections. People hardly concede defeat in elections, even it was free and fair. It is a culture we are yet to develop. It is a culture we lack, whether it’s the Bar Association, or our general elections. How do we start the healing process? I have already mentioned that, I will reach out to the candidates. The NBA is one big house, that has enough rooms to accommodate everyone, and its only one person that can lead at any given time. If it has pleased the membership of the NBA and God to make me the leader, I will lead with diligence. I will lead example, by having to
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speak with the different parties, including the parties who may have litigation right now in court. We’ll find a way to heal the wounds, if any, without compromising the integrity of the Association. Some said you ran a rancour-free campaign, no abusive language and no mudslinging at your opponents. But on the issue of zoning, the East is on record to have adopted a candidate, and two of you ran against that candidate. Does this not make nonsense of the issue of zoning and adoption, as enshrined in the NBA constitution? First of all, I am from the East and it was on the platform of coming from the Eastern zone that I ran for the election. So, from that perspective, it is quite clear that I am a beneficiary of zoning. But, what you have mixed up, is what the Constitution says, then juxtaposing it with what some other organisation says, that is not affiliated with the NBA. There is indeed, such an organisation, that had adopted their own candidate. The NBA didn’t give them any authority, to adopt any candidate. The NBA didn’t say their candidate must win. All that the NBA says, is that the candidate for the office should come from the East, and I come from the East. I don’t see how that in any way, negates that principle of zoning. Now, with regard to that Voluntary Association, I think one of the things they need to understand, is that the fact that their candidate was defeated, doesn’t mean they are defeated. An Association exists, to protect the interest of its members. I am not a member, of that Association. So, it is understandable that they wouldn’t have promoted my own interest. So, I had to stand on my own platform. So, if they promoted their candidate, and he didn’t win, what they need to do is to hope that next time, if they decide to adopt a candidate, that the candidate wins. Or they should try and enlarge the coast to bring in other people and make it more competitive. For me, I have always believed that this business of having to adopt, does not always bring out the best in the Association. Why do you have to adopt? We can zone, and then let different bodies in that zone adopt whomever they wish. We must give the people a choice. We must avoid a situation where we have one person foisted on us, and we must vote that person. That would be a fait accompli. In the race, four candidates indicated interest to run. One was disqualified and the rest of you Senior Advocates went ahead. For the three of you silks that ran in the main race, one ostensibly stepped down in protest as the election was going on. Then other one who ran
“FOR ME, WE MUST LEARN FROM WHATEVER INADEQUACIES THAT MAY HAVE BEEN ENCOUNTERED, WHETHER THEY WERE REAL OR PERCEIVED. SOME OF THESE PERCEPTIONS, ARE NOT CORRECT”
to the end, has complained of unfairness and fraud, although he said he wouldn’t go to court. What would be your message to your brother silks that ran this race with you? Two things. First of all, we talk about the facts. I can only talk about the election, based on what the ECNBA gave. What they gave, was a result that showed that the three participants took part in the election to the end. I haven’t seen any contrary indication, to the effect that any candidate withdrew. No party withdrew at any stage. Number two, I have consistently stated that as Lawyers, it makes sense to back our allegations with facts. If the other candidates are complaining and making allegations, they should give facts. As Lawyers, our basic training teaches us that, we must address issues based on facts. That is why I ran an issues-based campaign. Personally, my orientation doesn’t allow me make such spurious allegations. However, my consistent message to everyone who lost in the election, is that there is room for all of us to contribute in building the NBA. The Association, doesn’t belong to only Paul. It belongs to all of us, and we should subsume our own personal interest, to build the NBA. This is my message to all the contestants in that election, who didn’t win. It was noticed in this election that universal suffrage and e-voting presented peculiar challenges. There were minor issues in 2016, but this year, the challenges were huge and the elections had to be postponed several times. Given these challenges, would you in your tenure still retain e-voting and universal suffrage? Your question, is premised on facts that are not proved. Those are mere allegations. I
haven’t seen any facts, to the effect that there were huge challenges. We must move away from making or premising our comments, on unproven allegations. But the ECNBA admitted that there were challenges, and they had to change from Chams to Crenet in the process of verification and voting. These are what Lawyers are complaining about. Some Lawyers actually encountered these challenges, including me. They are not mere allegations. In fairness to critics, some said that for Lawyers who live in areas where internet penetration is low and there is the absence of 4G network, it was actually problematic. Would you retain the system despite these challenges? Let me address that. Whether the challenges are real or not, from your question, these allegations are speculative. For instance, the reason why Chams was jettisoned, is far from fraud or incompetence. Now, there is no endeavour of humans, that is perfect. You can only learn from the imperfections of the system, and go back to amend or correct those things. We just don’t jettison an idea or a system; otherwise, we’ll jettison electricity and go back to the Stone Age. But you learn how to improve it, and learn how you can make it work for you. For me, we must learn from whatever inadequacies that may have been encountered, whether they were real or perceived. Some of these perceptions, are not correct. Outside of the elections, there have been concerns over the operations of the Sections of the NBA. We have the Section of Business Law, Section of Legal Practice and Section of Public Interest and Development Law. Apart from the SBL, the other Sections have been comatose for a few years. The SLP through the concerted efforts of Mrs. Mia Essien, SAN just bounced back at their Conference in Port Harcourt recently. SPIDEL is still trying to reorganise. What would be your strategy to revive those Sections, to ensure they get back to ideals they were set up for in 2003 by the Olanipekun Administration? It’s a very simple thing to do, really. We’ll start by examining what happened, that led to those Sections being inactive. When we identify what those challenges are, then we’ll apply the right cure. Secondly, if like you pointed out, SBL has been operating well over the years, what is the model? Can we apply the same method to the other Sections? Indeed, there should be collaboration between the SBL and the other Sections, to ensure a form of synergy that would make all the three Sections work. We’ll find a way to reenergise and reinvent those Sections, and ensure that we put the right people there, to get them working again at optimal level. The NBA is on record as the largest umbrella body of Lawyers on the African continent. Nigerian Lawyers, also constitute the largest delegation to the International Bar Association Conference, every year. The Austin Alegeh Administration, took the bold initiative of bringing Bar Leaders across Africa together, for a summit in Lagos in 2016. That initiative doesn’t appear to have been pursued by his successor. There appears to be a major disconnect between the NBA and other Bar Associations or Law Societies in Africa. In this era of cross-border practice, what would be your strategy to ensure that Nigeria actually provides that leadership for African lawyers? I would not pretend that, I am conversant with this issue. I am not aware that there is that leadership vacuum in the African Bar. When I get into office, I will definitely look at what there is, and what the relationships are, and if we need to do anything about it, I will. In a lot of ways, Nigeria is leading on the African continent. Even in terms of the number of Lawyers, Nigeria is leading. It is also understandable that, Nigeria should continue to occupy that position and to provide leadership to Lawyers in Africa. Another point I need to stress, is that leadership also bestows on one, certain responsibilities. That is why I keep saying that we should lead by example, and be less fractious and speak less evil of ourselves. We must project a good image of the NBA, to be able to occupy that position of leadership in Africa.
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My Take Professor Ernest Ojukwu, SAN
T Chaos
he votes did not count. In addition to the chaos created by the leadership of the Bar, which I think was purposeful, the Presidential candidates and their agents themselves, never intended to contest a free and fair election. All along the campaign period, they were more interested in vote buying, than in selling their vision for the Bar. They finally hijacked members data during verification. So, the election was already decided in favour of the candidate that had hijacked more votes, before we commenced voting. The ECNBA, then acted as if they were overwhelmed. If they had provided the members verified list as we had agreed, we would have been able to stop the use of stolen data. When we found out that the verified list was compromised at about 12 noon, my agents raised the issues with both Paul Usoro and Arthur Obi-Okafor’s agents, and both dismissed my agents. At that point, we realised that we were alone. We sent a protest by e mail, to the ECNBA at about 1pm, as advised by Prof Yadudu. The ECNBA, acted as if they were helpless. For Selfless Reasons, I Accept the NBA Election Results In conceding victory to the President- elect Mr. Paul Usoro, SAN, I must say that we contested against corruption, rigging and a skewed process. Even though the election was marred by irregularities and corruption, I urged my supporters to keep hope alive. My colleagues of the Nigerian Bar Association, especially my friends of the FUTURE-BAR, and our young Lawyers all over the country, I thank you from the bottom of my heart, for your great and indelible efforts, for your support. You sacrificed so much, to alter the destiny and fate of the legal profession, and our Nation Nigeria. Regrettably, the outcome of our efforts has not been pleasant. I plead with you not to lose hope. With the
Professor Ernest Ojukwu, SAN
kind of passion you have and expressed in various actions recently, to create a Bar of our dream, our destiny is still in your hands. Keep moving on the task of SETTING-A-NEW-BAR. The Bar is yours. It is your right, to have the kind of Bar you desire. It is also your responsibility. Just note that though we could not effectively commence the journey to reform
and transform the Bar now, time is still on your side to make that difference in your lifetime. Though a winner has emerged from this present contest, remember that we contested against corruption, massive vote buying, vote capture, rigging and a skewed process. Professor Ernest Ojukwu, SAN, Presidential Candidate in the just concluded NBA 2018 election
THE UNRAVELING OF THE ‘BRAVE NEW BAR’: HOW THE NBA ELECTIONS WERE CORRUPTED AND RIGGED identity theft - openmail, airmail and firemail. In all, at least 1004 votes were attributed to voters, whose ballots were traced to these domains. Separately, in the data collection process, the NBA required that voters should provide their e-mail address or phone number. One phone number could not be used for more than one voter. Yet at least 1,706 phone numbers were repeated at least once and, between them, accounted for at least 3,999 votes. One phone number in particular, 0807 410 7787 accounted for 41 voters; 0810 642 1702 accounted for 32 voters, while 0806 402 8401 accounted for 18. Between them, these three numbers alone accounted for 91 votes, that is six votes more than the announced margin of 86 votes between the declared winner and the runner
up. Quite clearly, it is easy to demonstrate that the malpractice in this ballot, did not just substantially affect the outcome of the election, but determined it. All of this was pointed out to the ECNBA and the NBA leadership, before they declared their results. The fact that they went ahead to do so despite being aware of all this, confirms the perception that the NBA process was configured to produce a pre-determined outcome. This perception was reinforced by the fact that, the campaign of the person eventually announced as winner, was heavily dependent for its facilitation by the Chief of Staff to the NBA President. Every effort made to persuade the President to
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disavow this arrangement, or separate his administration from this appearance of pre-determined outcome, proved fruitless. Destroying the Bar As the NBA vote took place beyond the constitutionally required deadline of July, it must go to the NEC for ratification. Ahead of its meeting on Sunday, 26 August 2018, the NEC of the NBA has been canvassed to ratify the election. The argument is that, failure to do so, will drag the NBA into an existential crisis. The NEC is also being canvassed to renege on the undertaking of outgoing President, AB Mahmoud, for a post-election audit. One argument put forward by the protagonists of this view, is that the NBA Constitution does not contain an express provision mandating a post-election audit. This is disgraceful. With this mind-set, remedies don’t exist. The case initiated in 2016 by JK Gadzama, a Senior Advocate, challenging the declaration of AB Mahmoud as winner of that election, remains pending before the High Court and will not be decided until long after Mr. Mahmoud has exhausted his term as NBA President. Afam Osigwe’s challenge to his procured disqualification, was adjourned to a date in September, long after any orders would be of any value. With this knowledge in mind, the perpetrators of this heist in the NBA, are happy to tell anyone who complains to “go to court”, where they know there will be no remedy. This NBA leadership and its ECNBA, appears to have lost the capacity, in Hannah Arendt’s words, “to tell right from wrong.” When it assumed office in August 2016, the administration of AB Mahmoud, SAN arrived with a weight of considerable expectation. In particular, the administration was credited with high integrity. On the whole, the performance of the administration, has been beneath underwhelming. In the way it has conducted the transition in these elections, the AB Mahmoud administration assures for itself, a prize in the column between infamy and ignominy. It leaves a toxic legacy, from which whoever follows it, is unlikely to recover neither authority nor legitimacy. Dr Chidi Anselm Odinkalu, former Chairman, National Human Rights Commission, Member of the National Executive Committee (NEC) of the NBA, writes in his individual capacity.
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NBA Election was Plagued by Monumental Irregularities O. O. Olowokure
O
Biggest Embarrassment and Robbery ne can confidently say that, the alleged victory of Paul Usoro, SAN at the recently conducted NBA elections, is the biggest embarrassment and robbery that members of NBA have ever experienced, since the formation of NBA. You would recall that there were serious reservations in some quarters, about permitting Chams to participate in providing services in this election, in any form or manner. As a result of these reservations, a company known as Crenet, was brought in to repeat the vilified verification exercise, previously conducted by Chams. For some inexplicable reason, Chams was retained to provide the voting platform, despite it being established that the Chairman of Chams Plc and Paul Usoro, SAN are co-Directors of Access Bank, and are members of same Committees of Access Bank. Trusting in the assurances given by the President of NBA A.B. Mahmoud, SAN and the Electoral Committee of the Nigerian Bar Association (ECNBA), the other candidates decided to participate in the election with Chams involved. Phone Number Scam ECNBA to its credit leading up to the elections, adopted a somewhat participatory approach with the Presidential candidates, and often sought their opinions before implementing decisions. Even then, the first danger signal and sign that there was a deliberate attempt to rig this election, came when we discovered that close to 4000 names had telephone numbers assigned to them, that were not the stated owners numbers, but belonged to other persons. An example of this was in the list of eligible voters submitted by the Abuja Branch, the telephone number of one Blossom Barrakah Esq (2017 call set) was repeated as the valid telephone number of 41 other Lawyers on the eligible voters list. Likewise the telephone number of Noah Ajare Esq, a known and ardent supporter of Paul Usoro, SAN, appeared 15 times against different Lawyers names. What made the danger signals more frightening was that Noah Ajare was the Caretaker Secretary of Abuja Branch, at the time of the submission of the Abuja Branch list of eligible voters, and he was the person that compiled and submitted the Abuja Branch list to ECNBA. We have a comprehensive list of nearly 4000 instances of duplicate telephone numbers, that appeared in ECNBA’s original voter’s list and have attached same for ease of reference (Annex A). We also have strong reason to believe that, there were far more than 4000 of such instances. Rather than treat this occurrence as a deliberate attempt to compromise the integrity of the elections and move decisively against the perpetrators, ECNBA for some reason, chose to allow the perpetrators to still participate in the election, eg. our records show the said Noah Ajare, despite his actions aforesaid, was verified and cleared to vote in this election. Relaxation of Security Procedures As the elections drew closer things started to go terribly wrong; The first problem was that Crenet was not given enough time to perfect the excellent security procedures that they had put in place, to ensure that members’ votes were not hijacked. The verification process became laboured and extremely difficult for members, and as a result of extreme pressure from many quarters, especially from the President of NBA, ECNBA in consultation with the President of the NBA, took a decision to relax the security procedures put in place by Crenet to make the verification process ‘faster’. This decision was fatal, because it became the very reason why this election was so badly rigged. The relaxing of the security procedures, meant members were now allowed to go straight to the verification portal and enter any details they liked, without restriction. It also meant that, unscrupulous persons would also now be able to verify for other Lawyers without them knowing, and hijack their votes by inserting different email addresses and telephone numbers; this is precisely what happened in this election. This is precisely what we had continually warned against, but our warnings fell on deaf ears. We eventually agreed to the relaxing of the security protocols by Crenet, but we did so on the following conditions; Any change effected in a Lawyer’s details, must be in line with data already in NBA’s database. i.e genuine mistakes can be changed, but other changes should be cleared through Bar services, after satisfying itself that the rationale for such changes was genuine. The comprehensive list of verified voters to be uploaded on to the Chams voting platform by Crenet was to be given to candidates to peruse, to enable them comment
Arthur Obi-Okafor, SAN
and give observations before uploading and before the commencement of the elections. All names associated with any form of duplication of telephone numbers and email addresses, would be quarantined and only included in the final verification list, if the Lawyers concerned came forward and gave their true and correct phone numbers and email addresses, which should conform with records already contained in the NBA database. Conditions i) and iii) above were totally disregarded by ECNBA, while the verified voters list as specified in condition ii) above was not given to candidates, until after the election had already started. This in effect meant that candidates’ agreement to remove the security protocols, was obtained on false pretences, and candidates were actually being led like lambs into a slaughterhouse. E mail Address Scam A day before the election we discovered from the verification portal, the incidences of some strange looking email addresses that surfaced as Lawyers alleged email addresses for the first time. These email addresses predominantly came from three domains “Openmailbox.org”, “firemail.cc” and “airmail.cc”. We alerted ECNBA to the sudden existence of these strange email addresses, in a meeting which took place between the Presidential Candidates representatives and ECNBA on 17th August, 2018. We also suggested at the same meeting after watching Chams demonstration of the voting process, that passwords to vote should be sent automatically to both emails and telephone numbers, so that if a prospective voter’s email had been tampered with he/she would still know through SMS if somebody was attempting to vote on his/her behalf. When we realised our concerns above were not being addressed by ECNBA, we sent an email to ECNBA at about 1:53pm on Saturday 18th August, 2018, reiterating our concerns and requesting that emails from such domains should be disallowed, as
“ONE CAN CONFIDENTLY SAY THAT, THE ALLEGED VICTORY OF PAUL USORO, SAN AT THE RECENTLY CONDUCTED NBA ELECTIONS, IS THE BIGGEST EMBARRASSMENT AND ROBBERY THAT MEMBERS OF NBA HAVE EVER EXPERIENCED, SINCE THE FORMATION OF NBA”
our investigations had shown the email addresses did not belong to the Lawyers indicated in the verified voter’s list (Annex B).When we still did not receive any response from ECNBA, we sent another email on 19th August, 2018, at about 7.54am, giving full details of the suspected emails and the Lawyers affected (Annex C) . Details of the Lawyers affected and the offending emails, are attached. (Annex D). The breakdown of the details of our initial investigations sent to ECNBA, well before the conclusion of the elections shows that; Openmailbox.org email addresses, were fraudulently used to replace the email addresses of 196 Lawyers, without their consent Firemail.cc email addresses, were fraudulently used to replace the email addresses of 203 Lawyers, without their consent. Airmail.cc email addresses were fraudulently used to replace the email addresses of 605 Lawyers, without their consent. The implication of the above is that, there were a total of 1004 of these bogus email addresses, used to harvest the votes of unsuspecting members. Further investigation has shown that, two of the above mentioned domain names belong to closed user groups, whose members can only obtain email addresses in such domains, if they are specifically invited to the group. The real owners cannot be traced, in fact a common feature of these closed user groups, is that they are associated with scams, hacking, malware and ransomware. Did ECNBA not have technical advice? Why was this development not addressed or arrested when it came to the Committee’s notice? Abdullahi Karaye Musa Esq of Ungogo Branch (No 213 on the Airmail.CC list) and Emmanuel Yokpe Nenmasha of Jos Branch (No 579 on the Airmail.CC list), have catalogued their ordeals of having their right to vote hijacked (Kindly, find attached Annexes E and F). A similar experience of hijacked voting, was specifically documented by the following three members of Ahoada Branch; Ogbobula Isaac Abbot (No 4 on the Firemail.cc list), Okpara Uchevenotu Ezor (No 1 on the firemail.cc list) and Lauretta U. Nwokaeze (No. 68 on the Firemail. cc list). All 1004 on the said list, have a story to tell and we will soon release a Branch by Branch account of members whose votes were hijacked, using the fraudulent emails above. We have so far identified the precise Branches of 656 of the Lawyers already mentioned in the list of 1004 (Annex G), and will identify the Branches of at least 348 other cheated voters, shortly. We are also gathering information that shows that even email addresses from regular domain names, were used to hijack votes, and will release same soonest. Needless to say, the 1004 incidences of glaring malpractice already identified, are enough to show that an Election that ECNBA claims was won by 80 something votes, cannot stand. I have only stated facts in this report, there is no conjecture or guessing; they are just plain facts. We still expect the current leadership of NBA to act, and cancel this fault laden process that declared Paul Usoro, SAN, the winner of the election. O. O. Olowokure, Former Chairman NBA Kaduna Branch, Leader of Arthur Obi-Okafor, SAN Technical Team
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01.08.2018\
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/ŶƚƌŽĚƵĐƟŽŶ WŽůLJĐŚůŽƌŝŶĂƚĞĚ ŝƉŚĞŶLJůƐ ;W ƐͿ ĂƌĞ ĂŵŽŶŐ ƚŚĞ ŵŽƐƚ ƚŽdžŝĐ WĞƌƐŝƐƚĞŶƚ KƌŐĂŶŝĐ WŽůůƵƚĂŶƚƐ ;WKWƐͿ ůŝƐƚĞĚ ŝŶ ƚŚĞ ^ƚŽĐŬŚŽůŵ ŽŶǀĞŶƟŽŶ͘ W Ɛ ŚĂǀĞ ďĞĞŶ ƵƐĞĚ ŝŶ ĂůŵŽƐƚ Ăůů ƐĞĐƚŽƌƐ ŽĨ ƚŚĞ EŝŐĞƌŝĂŶ ĞĐŽŶŽŵLJ ĂƐ ĐŽŽůĂŶƚƐ ĂŶĚ ŝŶƐƵůĂƟŶŐ ŇƵŝĚƐ ŝŶ ƚƌĂŶƐĨŽƌŵĞƌƐ ĂŶĚ ĐĂƉĂĐŝƚŽƌƐ ŝŶ ĞůĞĐƚƌŝĐŝƚLJ ŐĞŶĞƌĂƟŽŶ͕ ƚƌĂŶƐŵŝƐƐŝŽŶ ĂŶĚ ĚŝƐƚƌŝďƵƟŽŶ͕ ŝŶ ŇĞdžŝďůĞ ĐŽĂƟŶŐƐ ŽĨ ĞůĞĐƚƌŝĐĂů ǁŝƌŝŶŐ ĂŶĚ ĐŽŵƉŽŶĞŶƚƐ͘ tŝƚŚ ƚŚŝƐ ŝŶ ŵŝŶĚ͕ W Ɛ ĂƌĞ ƐĞĞŶ ĂƐ Ă ƚŚƌĞĂƚ ƚŽ ƉƵďůŝĐ ŚĞĂůƚŚ ĂŶĚ ƚŚĞ ĞŶǀŝƌŽŶŵĞŶƚ͘ ,ŽǁĞǀĞƌ͕ ƚŽ ŶĞƵƚƌĂůŝnjĞ ƚŚŝƐ ƚŚƌĞĂƚ͕ EŝŐĞƌŝĂ ũŽŝŶĞĚ ƚŚĞ ŐůŽďĂů ĐŽŵŵƵŶŝƚLJ ŝŶ ŶĞŐŽƟĂƟŶŐ ĂŶĚ ƌĂƟĨLJŝŶŐ ƚŚĞ ^ƚŽĐŬŚŽůŵ ŽŶǀĞŶƟŽŶ ŽŶ WKWƐ ǁŚŝĐŚ ŽďůŝŐĞƐ ƉĂƌƟĞƐ ƚŽ ĞůŝŵŝŶĂƚĞ ƚŚĞ ƵƐĞ ŽĨ W Ɛ ŝŶ ĞƋƵŝƉŵĞŶƚ͘ /Ŷ ƚŚŝƐ ƌĞƐƉĞĐƚ͕ ƚŚĞ &ĞĚĞƌĂů DŝŶŝƐƚƌLJ ŽĨ ŶǀŝƌŽŶŵĞŶƚ͕ ƚŚƌŽƵŐŚ ƚŚĞ hŶŝƚĞĚ EĂƟŽŶƐ ĞǀĞůŽƉŵĞŶƚ WƌŽŐƌĂŵŵĞ͕ ŚĂƐ ƐĞĐƵƌĞĚ ' & ĨƵŶĚŝŶŐ ƚŽ ĂƐƐŝƐƚ ƚŚĞ &ĞĚĞƌĂů ŐŽǀĞƌŶŵĞŶƚ ŽĨ EŝŐĞƌŝĂ ƚŽ ƉƌŽƉĞƌůLJ ŝĚĞŶƟĨLJ͕ ŵĂŶĂŐĞ ĂŶĚ ƉƌŽƉĞƌůLJ ĚĞĐŽŶƚĂŵŝŶĂƚĞ Žƌ ĚŝƐƉŽƐĞ W ĐŽŶƚĂŵŝŶĂƚĞĚ ĞƋƵŝƉŵĞŶƚ ƐƟůů ŝŶ ƵƐĞ Žƌ ĂƐ ǁĂƐƚĞ͘ dŚĞ ƉƌŽũĞĐƚ ŝƐ ŚĞƌĞďLJ ƌĞƋƵĞƐƟŶŐ ĨŽƌ ƐƵďŵŝƐƐŝŽŶ ŽĨ ƉƌŽƉŽƐĂůƐ ĨŽƌ ƚŚĞ ĨŽůůŽǁŝŶŐ ĂĐƟǀŝƟĞƐ͗ ĐƟǀŝƚLJ ϭ͗ ŶŐŝŶĞĞƌŝŶŐ ĞƐŝŐŶ ŽĨ W ^ƚŽƌĂŐĞ &ĂĐŝůŝƟĞƐ ŝŶ ďƵũĂ͕ >ĂŐŽƐ ĂŶĚ ŶƵŐƵ ;ZĞĨ͗ ' &ͬW ͬ ^ͬϬϭ ^ĂĨĞ ƐƚŽƌĂŐĞ ƐŝƚĞƐ ĂƌĞ ƚŽ ďĞ ĞƐƚĂďůŝƐŚĞĚ ĨŽƌ ƚŚĞ ĐŽůůĞĐƟŽŶ ĂŶĚ ƚƌĞĂƚŵĞŶƚ ŽĨ ƚŚĞ W Ɛ ŝĚĞŶƟĮĞĚ ŝŶ ƚŚĞ ĐŽƵƌƐĞ ŽĨ ƚŚĞ ŝŶǀĞŶƚŽƌLJ͘ dŽ ƚŚŝƐ ĞŶĚ͕ ƚŚƌĞĞ ƐŝƚĞƐ ŚĂǀĞ ďĞĞŶ ŝĚĞŶƟĮĞĚ ĂƐ ŝŶƚĞƌŝŵ ƐƚŽƌĂŐĞ ĨĂĐŝůŝƟĞƐ ʹ ŝ͘ EĞŬĞ hŶŽ /ŶƚĞƌŝŵ ^ƚŽƌĂŐĞ ^ŝƚĞ͕ ŶƵŐƵ ^ƚĂƚĞ͕ ŝŝ͘ ƉĞ /ŶƚĞƌŝŵ ^ƚŽƌĂŐĞ ^ŝƚĞ͕ >ĂŐŽƐ ^ƚĂƚĞ ĂŶĚ ŝŝŝ͘ & d ƐŝƚĞ Ăƚ ^, ^d K͘ dŚĞ ŽďũĞĐƟǀĞ ŽĨ ƚŚŝƐ ĂƐƐŝŐŶŵĞŶƚ ŝƐ ƚŽ ƉƌĞƉĂƌĞ ĞŶŐŝŶĞĞƌŝŶŐ ĚĞƐŝŐŶƐ ĨŽƌ ƚŚĞ ŝŶƚĞƌŝŵ ƐƚŽƌĂŐĞ ĨĂĐŝůŝƟĞƐ ŝŶ ƚŚĞ ϯ ůŽĐĂƟŽŶƐ͘ dŚŝƐ ǁŝůů ŝŶĐůƵĚĞ Ă͘ WƌĞůŝŵŝŶĂƌLJ ĚĞƐŝŐŶ ĨŽƌ ƚŚĞ ƐƚŽƌĂŐĞ ĨĂĐŝůŝƚLJ͕ ŝŶĐůƵĚŝŶŐ ƚŚĞ ŵĂŝŶ ďƵŝůĚŝŶŐ ĂŶĚ ŵĂƚĐŚŝŶŐ ĨĂĐŝůŝƟĞƐ͖ ď͘ ĞƐŝŐŶ ĂŶĚ ƉƌĞƉĂƌĂƟŽŶ ŽĨ ĐŽŶƐƚƌƵĐƟŽŶ ĚƌĂǁŝŶŐƐ ĨŽƌ ƚŚĞ ƐƚŽƌĂŐĞ ĨĂĐŝůŝƚLJ͕ ŝŶĐůƵĚŝŶŐ ďƵƚ ŶŽƚ ůŝŵŝƚĞĚ ƚŽ ƚŚĞ ƐƉĞĐŝĂů ĨĂĐŝůŝƟĞƐ͕ ƐƵĐŚ ĂƐ ĂŶƟͲŝŶĮůƚƌĂƟŽŶ ĂŶĚ ĂŶƟͲĂĚƐŽƌƉƟŽŶ ƐƚƌƵĐƚƵƌĞƐ͕ ǁĂƐƚĞ ƐƚŽƌĞŚŽƵƐĞ͕ ƐƚŽƌĂŐĞ ƉůĂƞŽƌŵ͕ ĞƚĐ͖͘ ƚŚĞ ŵƵŶŝĐŝƉĂů ĞŶŐŝŶĞĞƌŝŶŐ͕ ƐƵĐŚ ĂƐ ƉŽǁĞƌ ƐƵƉƉůLJ͕ ƐƚƌĞĞƚ ůŝŐŚƟŶŐ͕ ůĂŶĚƐĐĂƉŝŶŐ͕ ŚĞĂƟŶŐ͕ ǀĞŶƟůĂƟŽŶ ĂŶĚ Ăŝƌ ĐŽŶĚŝƟŽŶ͖ ǁĂƚĞƌ ƐƵƉƉůLJ ĂŶĚ ĚƌĂŝŶĂŐĞ͖ ĮƌĞ ƉƌĞǀĞŶƟŽŶ ĂŶĚ ĐŽŶƚƌŽů͖ ĐŽŵƉƵƚĞƌ ƐLJƐƚĞŵ ŝŶƐƚĂůůĂƟŽŶ ĂŶĚ ŶĞƚǁŽƌŬ ĚĞƐŝŐŶ͖ Đ͘ ĞǀĞůŽƉŵĞŶƚ ŽĨ ƚĞĐŚŶŝĐĂů ƐƉĞĐŝĮĐĂƟŽŶ ĨŽƌ ƚŚĞ ŵĂƚĐŚŝŶŐ ƐƚĂŶĚĂƌĚ ĞƋƵŝƉŵĞŶƚ͕ ƉƌĞƉĂƌĂƟŽŶ ŽĨ ƚŚĞ ƐƚƌƵĐƚƵƌĂů ĚƌĂǁŝŶŐƐ͕ ŐĞŶĞƌĂů ĂƌƌĂŶŐĞŵĞŶƚ ĂŶĚ ůĂLJŽƵƚ ƉůĂŶ ĨŽƌ ƚŚĞ ŶŽŶͲƐƚĂŶĚĂƌĚ ĞƋƵŝƉŵĞŶƚ͕ ƐƚƌƵĐƚƵƌĂů ĂŶĚ ĂƌĐŚŝƚĞĐƚƵƌĂů ĚĞƐŝŐŶ ĂŶĚ ƉƌĞƉĂƌĂƟŽŶ ŽĨ ĚƌĂǁŝŶŐƐ ĨŽƌ Ăůů ĞƋƵŝƉŵĞŶƚ ƐƵƉƉŽƌƚ ƐƚƌƵĐƚƵƌĞƐ ĂŶĚ ďƵŝůĚŝŶŐ ĐŽŵƉŽŶĞŶƚƐ ĂŶĚ ƚĞĐŚŶŝĐĂů ƐƉĞĐŝĮĐĂƟŽŶƐ͘ dŚĞ ĚĞůŝǀĞƌĂďůĞƐ ĨŽƌ ƚŚŝƐ ƉƌŽũĞĐƚ ŝŶĐůƵĚĞ͗ Ă͘ WƌĞůŝŵŝŶĂƌLJ ĂŶĚ &ŝŶĂů ĞƐŝŐŶ͕ ĂŶĚ dĞĐŚŶŝĐĂů ^ƉĞĐŝĮĐĂƟŽŶ ŽĨ ƚŚĞ W ƐƚŽƌĂŐĞ ĨĂĐŝůŝƟĞƐ ŝŶ ďƵũĂ͕ >ĂŐŽƐ ĂŶĚ ŶƵŐƵ ĂŶĚ ĂƩĂĐŚĞĚ ĚƌĂǁŝŶŐƐ͖ ď͘ ŽŵƉůĞƚĞ ƐĞƚ ŽĨ ƐƚĂŶĚĂƌĚ ĐŽŶƐƚƌƵĐƟŽŶ ĚƌĂǁŝŶŐƐ ŽĨ ƚŚĞ ĞŶŐŝŶĞĞƌŝŶŐ ĚĞƐŝŐŶ ŽĨ W ƐƚŽƌĂŐĞ ĨĂĐŝůŝƟĞƐ ŝŶ ďƵũĂ͕ >ĂŐŽƐ ĂŶĚ ŶƵŐƵ ĂŶĚ ƚĞĐŚŶŝĐĂů ƌĞƋƵŝƌĞŵĞŶƚƐ ;ϲ ŚĂƌĚ ĐŽƉŝĞƐ ĂŶĚ ϱ ƐŽŌ ĐŽƉŝĞƐ ĨŽƌ ĞĂĐŚ ƐŝƚĞͿ͖ Đ͘ dĞĐŚŶŝĐĂů ƐƉĞĐŝĮĐĂƟŽŶ ĨŽƌ ƚŚĞ ŵĂƚĐŚŝŶŐ ƐƚĂŶĚĂƌĚ ĞƋƵŝƉŵĞŶƚ͕ ƐƚƌƵĐƚƵƌĂů ĚƌĂǁŝŶŐƐ ĨŽƌ ŶŽŶͲƐƚĂŶĚĂƌĚ ĞƋƵŝƉŵĞŶƚ ĨŽƵŶĚĂƟŽŶ ƉůĂŶ͕ ĞƋƵŝƉŵĞŶƚ ĨŽƵŶĚĂƟŽŶ ĚĞƐŝŐŶ ĂŶĚ ŝŶƐƚĂůůĂƟŽŶ ĚƌĂǁŝŶŐƐ ĂŶĚ ƚĞĐŚŶŝĐĂů ƐƉĞĐŝĮĐĂƟŽŶ ĨŽƌ W ƐƚŽƌĂŐĞ ĨĂĐŝůŝƟĞƐ ŝŶ ďƵũĂ͕ >ĂŐŽƐ ĂŶĚ ŶƵŐƵ͖ Ě͘ WƌŝĐĞĚ ĂŶĚ hŶƉƌŝĐĞĚ ďŝůů ŽĨ ƋƵĂŶƟƟĞƐ ;ϭϬ ŚĂƌĚ ĐŽƉŝĞƐ ĂŶĚ ϱ ĞůĞĐƚƌŽŶŝĐ ĐŽƉŝĞƐͿ͖ dŚĞ ĂƐƐŝŐŶŵĞŶƚ ŝƐ ĞdžƉĞĐƚĞĚ ƚŽ ďĞ ĐŽŵƉůĞƚĞĚ ǁŝƚŚŝŶ ϲ ǁĞĞŬƐ͘ dŚĞ ŽƵƚƉƵƚ ŽĨ ƚŚĞ ĚĞƐŝŐŶ ƉŚĂƐĞ ǁŝůů ďĞ ƵƐĞĚ ĨŽƌ ƚŚĞ ĂĐƚƵĂů ĐŽŶƐƚƌƵĐƟŽŶ͘ &Žƌ ĚĞƚĂŝůĞĚ ƚĞƌŵƐ ŽĨ ƌĞĨĞƌĞŶĐĞ͕ ŬŝŶĚůLJ ƐĞŶĚ Ă ƌĞƋƵĞƐƚ ƚŽ ƚŚĞ ĞŵĂŝů ĂĚĚƌĞƐƐ ďĞůŽǁ͘ ƉƉƌŽǀĂů WƌŽĐĞĚƵƌĞ ŽƵŶĐŝů ĨŽƌ ƚŚĞ ZĞŐƵůĂƟŽŶ ŽĨ ŶŐŝŶĞĞƌŝŶŐ ŝŶ EŝŐĞƌŝĂ ; KZ EͿ͕ ǁŚŝĐŚ ŝƐ ƚŚĞ ŝŶƐƟƚƵƟŽŶ ĂƉƉƌŽǀĞĚ ďLJ DŝŶŝƐƚƌLJ ŽĨ tŽƌŬƐ͕ ǁŝůů ĂƐƐĞƐƐ ƚŚĞ ĚĞƐŝŐŶ ĂŶĚ ĐŽŶƐƚƌƵĐƟŽŶ ĚƌĂǁŝŶŐƐ ƉƌŽǀŝĚĞĚ ďLJ ƚŚĞ Įƌŵ ĂŌĞƌ ƚŚĞ ƚĞĐŚŶŝĐĂů ĚĞƐŝŐŶ ŝƐ ĐŽŵƉůĞƚĞĚ͘ ĐƟǀŝƚLJ Ϯ͗ EĂƟŽŶĂů /ŶǀĞŶƚŽƌLJ ŽĨ W Ɛ ĂŶĚ W ŽŶƚĂŝŶŝŶŐ ƋƵŝƉŵĞŶƚ ;ZĞĨ͗ ' &ͬW ͬ/EsͬϬϭ /Ŷ ϮϬϬϴ͕ ƚŚĞ EŝŐĞƌŝĂŶ 'ŽǀĞƌŶŵĞŶƚ ƵŶĚĞƌƚŽŽŬ Ă W ĞǀĂůƵĂƟŽŶ ŝŶ ƚŚĞ ƉŽǁĞƌ ƐĞĐƚŽƌ ĐŽǀĞƌŝŶŐ ŐĞŶĞƌĂƟŶŐ͕ ƚƌĂŶƐŵŝƐƐŝŽŶ ĂŶĚ ĚŝƐƚƌŝďƵƟŽŶ ĨĂĐŝůŝƟĞƐ ƐƉƌĞĂĚ ĂĐƌŽƐƐ ϭϬ ƐƚĂƚĞƐ ŽƵƚ ŽĨ ϯϲ ƐƚĂƚĞƐ ǁŝƚŚ ĮŶĂŶĐŝĂů ƐƵƉƉŽƌƚ ĨƌŽŵ ƚŚĞ tŽƌůĚ ĂŶŬΖƐ ĞdžĞĐƵƚĞĚ ĂŶĂĚŝĂŶ WKWƐ dƌƵƐƚ &ƵŶĚ͘ /ƚ ǁĂƐ ĞƐƟŵĂƚĞĚ ƚŚĂƚ ƚŚĞ ƉƌŽũĞĐƚ ĐĂƉƚƵƌĞĚ ĂďŽƵƚ ϭϬй ŽĨ ƉŽƚĞŶƟĂůůLJ ĐŽŶƚĂŵŝŶĂƚĞĚ ĞůĞĐƚƌŝĐĂů ĞƋƵŝƉŵĞŶƚ ŝŶ ƚŚĞ ƉŽǁĞƌ ƐĞĐƚŽƌ͘ Ɛ ĨŽůůŽǁ ƵƉ ƚŽ ƚŚŝƐ ƐƚƵĚLJ͕ ƚŚĞ ĂŶĂĚŝĂŶ dƌƵƐƚ ĨƵŶĚ ŽŶ WKWƐ ĮŶĂŶĐĞĚ ĂŶŽƚŚĞƌ ƐƚƵĚLJ ŝŶ ϮϬϬϵ ĐĂůůĞĚ ƚŚĞ >ŽĐĂƟŽŶ ĂŶĚ ƐƐĞƐƐŵĞŶƚ ŽĨ ƚŚĞ ^ƚĂƚƵƐ ŽĨ W ĐŽŶƚĂŝŶŝŶŐ ĞƋƵŝƉŵĞŶƚ ŝŶ Ăůů WŽǁĞƌ ,ŽůĚŝŶŐ ŽŵƉĂŶLJ ŽĨ EŝŐĞƌŝĂ ;W, EͿ ĨĂĐŝůŝƟĞƐ͘ hŶĚĞƌ ƚŚĞ ' &ͬt ͞W ŵĂŶĂŐĞŵĞŶƚ ĂŶĚ ĚŝƐƉŽƐĂů ƉƌŽũĞĐƚ͕͟ ŝŵƉůĞŵĞŶƚĞĚ ĨƌŽŵ ϮϬϭϮͲϮϬϭϱ͕ W Ɛ ŝŶǀĞŶƚŽƌLJ ǁĂƐ ĚŽŶĞ ŝŶ ϭϰ ƐƚĂƚĞƐ ĂŶĚ ƚŚĞ & d͘ Ɛ ĨŽůůŽǁ ƵƉ ƚŽ ƚŚŝƐ͕ ƚŚĞ ƉƌŽũĞĐƚ͕ ŝŶ ϮϬϭϴ͕ ǁŽƵůĚ ůŝŬĞ ƚŽ ĐŽŶĚƵĐƚ ƐŝŵŝůĂƌ ŝŶǀĞŶƚŽƌLJ ĨŽƌ ƚŚĞ ƌĞŵĂŝŶŝŶŐ ϮϮ ƐƚĂƚĞƐ ŝŶ ƚŚĞ ƐĞĐƚŽƌ ĐŽǀĞƌŝŶŐ ŐĞŶĞƌĂƟŽŶ͕ ƚƌĂŶƐŵŝƐƐŝŽŶ ĂŶĚ ĚŝƐƚƌŝďƵƟŽŶ ĨĂĐŝůŝƟĞƐ͘ dŚŝƐ ŝŶǀĞŶƚŽƌLJ ǁŝůů ĞīĞĐƟǀĞůLJ ĐŽŶƚƌŝďƵƚĞ ƚŽ W ŵĂŶĂŐĞŵĞŶƚ ĂĐƟǀŝƟĞƐ ŝŶ EŝŐĞƌŝĂ͘ dŚĞ ƐĐŽƉĞ ŽĨ ƚŚĞ ĂƐƐŝŐŶŵĞŶƚ ƐŚĂůů ďĞ ĂƐ ĨŽůůŽǁƐ Ă͘ ^ĂŵƉůŝŶŐ͕ ƚĞƐƟŶŐ ĂŶĚ ĂŶĂůLJƐŝŶŐ ƉŽƐƐŝďůĞ W ĐŽŶƚĂŝŶŝŶŐ ĞƋƵŝƉŵĞŶƚ ĂŶĚ Žŝů ƐƚŽƌĞĚ ŽŶƐŝƚĞ͖ ď͘ >ĂďĞůůŝŶŐ ŽĨ ĂŶĂůLJƐĞĚ ĞƋƵŝƉŵĞŶƚ ĂŶĚ Žŝů ƐƚŽƌĞĚ ŽŶͲƐŝƚĞ͘ Đ͘ ŶĂůLJƐĞ Ăůů ƐĂŵƉůĞƐ ďLJ ' ͬD^ Žƌ ĞƋƵŝǀĂůĞŶƚ͘ Ě͘ ZĞĐŽƌĚ ĚĂƚĂ ĂŶĚ ƌĞƉŽƌƚ ƌĞƐƵůƚ ŽĨ ƚŚĞ ŝŶǀĞƐƟŐĂƟŽŶ͘ Ğ͘ KƌŐĂŶŝnjĂƟŽŶ ŽĨ ƚƌĂŝŶŝŶŐͬĐŽŶƐƵůƚĂƟŽŶ ǁŽƌŬƐŚŽƉƐ͘ dŚĞ ĂƐƐŝŐŶŵĞŶƚ ŝƐ ĞdžƉĞĐƚĞĚ ƚŽ ďĞ ĐŽŵƉůĞƚĞĚ ǁŝƚŚŝŶ ϳ ŵŽŶƚŚƐ͘ &Žƌ ĚĞƚĂŝůĞĚ ƚĞƌŵƐ ŽĨ ƌĞĨĞƌĞŶĐĞ͕ ŬŝŶĚůLJ ƐĞŶĚ Ă ƌĞƋƵĞƐƚ ƚŽ ƚŚĞ ĞŵĂŝů ĂĚĚƌĞƐƐ ďĞůŽǁ͘ ĐƟǀŝƚLJ ϯ͗ ŶǀŝƌŽŶŵĞŶƚĂů /ŵƉĂĐƚ ƐƐĞƐƐŵĞŶƚ ; / Ϳ ƚŽǁĂƌĚƐ ƚŚĞ ĞƐŝŐŶ ŽĨ WŽůLJĐŚůŽƌŝŶĂƚĞĚ ŝƉŚĞŶLJůƐ ;W ƐͿ ŽůůĞĐƟŽŶ͕ ^ƚŽƌĂŐĞ ĂŶĚ dƌĞĂƚŵĞŶƚ ĞŶƚƌĞƐ ;ZĞĨ͗ ' &ͬW ͬ / ͬϬϭ dŚĞ ŐŽĂů ŽĨ ƚŚĞ ŽŶƐƵůƚĂŶĐLJ ŝƐ ƚŽ ĐŽŶĚƵĐƚ ĂŶ / ďLJ ŝĚĞŶƟĨLJŝŶŐ ĂŶĚ ĞǀĂůƵĂƟŶŐ ƉŽƚĞŶƟĂůůLJ ƐŝŐŶŝĮĐĂŶƚ ĞŶǀŝƌŽŶŵĞŶƚĂů ĞīĞĐƚƐ ĂŶĚ ƌŝƐŬƐ ŽĨ ƚŚĞ ƉƌŽƉŽƐĞĚ ĨĂĐŝůŝƟĞƐ ŝŶ ďƵũĂ͕ >ĂŐŽƐ ĂŶĚ ŶƵŐƵ͕ ŝŶ ŽƌĚĞƌ ŶŽƚ ƚŽ ƵŶĚĞƌŵŝŶĞ ĐƌŝƟĐĂů ƌĞƐŽƵƌĐĞƐ ĂŶĚ ĞĐŽůŽŐŝĐĂů ĨƵŶĐƟŽŶƐ Žƌ ǁĞůůďĞŝŶŐ͕ ůŝĨĞƐƚLJůĞ ĂŶĚ ůŝǀĞůŝŚŽŽĚ ŽĨ ĐŽŵŵƵŶŝƟĞƐ ĂŶĚ ƉĞŽƉůĞ ŽĨ ƚŚĞ ĂīĞĐƚĞĚ ůŽĐĂƟŽŶƐ͘ dŚĞ ŽŶƐƵůƚĂŶƚ ǁŝůů ƵŶĚĞƌƚĂŬĞ ƚŚĞ ĨŽůůŽǁŝŶŐ ŵĂũŽƌ ƚĂƐŬƐ͗ Ă͘ WƌĞůŝŵŝŶĂƌLJ ĐƟǀŝƟĞƐ ŝŶĐůƵĚŝŶŐ ďƵƚ ŶŽƚ ůŝŵŝƚĞĚ ƚŽ͗ /͘ ZĞǀŝĞǁ ŽĨ ĞdžŝƐƟŶŐ ůĞŐŝƐůĂƟŽŶƐ ŽŶ ƚŚĞ ƐŝƟŶŐ ŽĨ ĨĂĐŝůŝƟĞƐ ĨŽƌ ĐŽůůĞĐƟŽŶ͕ ƐƚŽƌĂŐĞ ĂŶĚ ƚƌĞĂƚŵĞŶƚ ŽĨ ŚĂnjĂƌĚŽƵƐ ŵĂƚĞƌŝĂůƐ͘ ŝŝ͘ WƌĞƉĂƌĂƟŽŶ ŽĨ ĂŶ ŝŶƚĞƌŝŵ ĂŶĚ Ă ĮŶĂů ƌĞƉŽƌƚ ŽĨ ůĞŐŝƐůĂƟǀĞ ƌĞǀŝĞǁ ŝŶĐůƵĚŝŶŐ ƉƌŽƉŽƐĞĚ ĂĐƟŽŶƐ ŝŶ ůŝŶĞ ǁŝƚŚ ƚŚĞ ƌĞǀŝĞǁĞĚ ůĞŐŝƐůĂƟŽŶƐ ď͘ ŽŶĚƵĐƟŶŐ ƚŚĞ / ƐƚƵĚLJ dŚĞ / ƐƚƵĚLJ ƐŚĂůů ŝŶĐůƵĚĞ ĂĐƟǀŝƟĞƐ ƐƵĐŚ ĂƐ ĐŽůůĞĐƟŽŶ ŽĨ ďĂĐŬŐƌŽƵŶĚ ĚĂƚĂ ĂŶĚ ŝŶĨŽƌŵĂƟŽŶ͕ ŝĚĞŶƟĮĐĂƟŽŶ ŽĨ ŝŵƉĂĐƚƐ ŝŶ ƚĞƌŵƐ ŽĨ ŵĂŐŶŝƚƵĚĞ ĂŶĚ ƐŝŐŶŝĮĐĂŶĐĞ͕ ƐŽĐŝŽͲĞĐŽŶŽŵŝĐ ĂŶĂůLJƐŝƐ ŽĨ ƉƌŽũĞĐƚ ĞīĞĐƚƐͬŝŵƉĂĐƚ͕ ƌĞĐŽŵŵĞŶĚŝŶŐ ŵŝƟŐĂƟŽŶ ĂĐƟŽŶ ĨŽƌ ĞĂĐŚ ŝŵƉĂĐƚ ŝĚĞŶƟĮĞĚ͕ ĞŶǀŝƌŽŶŵĞŶƚĂů ĂŶĚ ĞĐŽŶŽŵŝĐ ĂŶĂůLJƐŝƐ ŽĨ ĂůƚĞƌŶĂƟǀĞƐ ŽĨ ƚŚĞ ƉƌŽƉŽƐĞĚ ĨĂĐŝůŝƟĞƐ ĞƚĐ͘ Đ͘ ^ƚĂŬĞŚŽůĚĞƌƐ ǀĂůƵĂƟŽŶ ĂŶĚ ŶĚŽƌƐĞŵĞŶƚ ŽĨ / ZĞƉŽƌƚ ŽŶƐƵůƚĂŶƚ ŝƐ ĞdžƉĞĐƚĞĚ ƚŽ ƉƌĞƉĂƌĞ ĂŶĚ ŵĂŬĞ Ă ƉƌĞƐĞŶƚĂƟŽŶ ŽĨ ƚŚĞ / ZĞƉŽƌƚ ƚŽ ƌĞůĞǀĂŶƚ ƐƚĂŬĞŚŽůĚĞƌƐ ĚƵƌŝŶŐ ĂŶ / ĞǀĂůƵĂƟŽŶ ŵĞĞƟŶŐ͘ dŚĞ ĚĞůŝǀĞƌĂďůĞƐ ĨŽƌ ƚŚŝƐ ĂƐƐŝŐŶŵĞŶƚ ŝŶĐůƵĚĞ͖ ĂͿ ǁŽƌŬ ƉůĂŶ ĚĞƚĂŝůŝŶŐ ƉůĂŶŶĞĚ ĂĐƟǀŝƟĞƐ͕ ĚĂƚĞƐ͕ ĐŽƐƚ͕ ĂƐƐƵŵƉƟŽŶƐ͕ ĨŽƌĞƐĞĞŶ ĐŚĂůůĞŶŐĞƐ ĂŶĚ ƉůĂŶ ƚŽ ŽǀĞƌĐŽŵĞ ƚŚĞŵ͘ ďͿ ZĞƉŽƌƚ ŽĨ ƌĞǀŝĞǁ ŽĨ ůĞŐŝƐůĂƟŽŶƐ ŝŶĐůƵĚŝŶŐ ƉƌŽƉŽƐĞĚ ĂĐƟŽŶƐ ŝŶ ůŝŶĞ ǁŝƚŚ ƚŚĞ ƌĞǀŝĞǁĞĚ ůĞŐŝƐůĂƟŽŶƐ ĐͿ ZĞƉŽƌƚ ŽĨ ǁŽƌŬƐŚŽƉ ŽŶ ƐƚĂŬĞŚŽůĚĞƌƐΖ ƌĞǀŝĞǁ ĂŶĚ ǀĂůŝĚĂƟŽŶ ŽĨ ĚƌĂŌ / ƌĞƉŽƌƚ ĚͿ / ZĞƉŽƌƚ ŽĨ ŶǀŝƌŽŶŵĞŶƚĂů /ŵƉĂĐƚ ƐƐĞƐƐŵĞŶƚ ; / Ϳ ƚŽǁĂƌĚƐ ƚŚĞ ĞƐŝŐŶ ŽĨ W Ɛ ŽůůĞĐƟŽŶ͕ ^ƚŽƌĂŐĞ ĂŶĚ dƌĞĂƚŵĞŶƚ ĞŶƚĞƌƐ͘ dŚĞ ĂƐƐŝŐŶŵĞŶƚ ŝƐ ĞdžƉĞĐƚĞĚ ƚŽ ďĞ ĐŽŵƉůĞƚĞĚ ǁŝƚŚŝŶ ϰ ŵŽŶƚŚƐ͘ &Žƌ ĚĞƚĂŝůĞĚ ƚĞƌŵƐ ŽĨ ƌĞĨĞƌĞŶĐĞ͕ ŬŝŶĚůLJ ƐĞŶĚ Ă ƌĞƋƵĞƐƚ ƚŽ ƚŚĞ ĞŵĂŝů ĂĚĚƌĞƐƐ ďĞůŽǁ͘ ,Žǁ ƚŽ ƉƉůLJ /ŶƚĞƌĞƐƚĞĚ ǀĞŶĚŽƌƐ ĂƌĞ ŝŶǀŝƚĞĚ ƚŽ ŬŝŶĚůLJ ƐƵďŵŝƚ ϱ ĐŽƉŝĞƐ ŽĨ ƚŚĞŝƌ ďŝĚƐ ŝŶ ŚĂƌĚ ĐŽƉŝĞƐ ŽĨ ďŽƚŚ ƚĞĐŚŶŝĐĂů ĂŶĚ ĮŶĂŶĐŝĂůƐ ŝŶ ƐĞƉĂƌĂƚĞ ĞŶǀĞůŽƉĞƐ͕ ĐůĞĂƌůLJ ŵĂƌŬĞĚ ŝŶĚŝĐĂƟŶŐ ƚŚĞ ĐƟǀŝƚLJ ǁŝƚŚ ƌĞĨĞƌĞŶĐĞ ŶƵŵďĞƌ ďĞŝŶŐ ĂƉƉůŝĞĚ ĨŽƌ͘ ůů ƋƵŽƚĂƟŽŶƐ ƐŚŽƵůĚ ďĞ ŽŶ ƚŚĞ ĐŽŵƉĂŶLJΖƐ ŽĸĐŝĂů ůĞƩĞƌŚĞĂĚ ĂŶĚ ŵƵƐƚ ďĞ ĚƵůLJ ƐŝŐŶĞĚ͘ WůĞĂƐĞ ĞŶƐƵƌĞ ƚŚĂƚ ƋƵŽƚĂƟŽŶƐ ĐĂƉƚƵƌĞ Ăůů ƌĞƋƵŝƌĞŵĞŶƚƐ ĨŽƌ ƐĞůĞĐƟŽŶ ƐƵĐŚ ĂƐ ůĞŐĂů ƐƚĂƚƵƐ͕ ĞůŝŐŝďŝůŝƚLJ͕ ĐŽŶŇŝĐƚ ŽĨ ŝŶƚĞƌĞƐƚ ĂŶĚ ŶŽ ŚŝƐƚŽƌLJ ŽĨ ŶŽŶͲ ƉĞƌĨŽƌŵŝŶŐ ĐŽŶƚƌĂĐƚƐ͘ &Žƌ ĚĞƚĂŝůĞĚ dKZƐ͕ ŬŝŶĚůLJ ƐĞŶĚ ĂŶ ĞŵĂŝů ƚŽ ŶŝŐĞƌŝĂƉĐďΛLJĂŚŽŽ͘ĐŽŵ ĂŶĚ ƌĞƋƵĞƐƚ ĨŽƌ Ă ĐŽƉLJ͘ ůů ƉƌŽƉŽƐĂůƐ ƐŚŽƵůĚ ŝŶĐůƵĚĞ Ă ĨƵŶĐƟŽŶĂů ƚĞůĞƉŚŽŶĞ ŶƵŵďĞƌ ĂŶĚ ĞŵĂŝů ĂĚĚƌĞƐƐ ŽĨ ƚŚĞ ĐŽŶƚĂĐƚ ƉĞƌƐŽŶ ĂŶĚ ĂĚĚƌĞƐƐĞĚ ƚŽ͗ dŚĞ WƌŽũĞĐƚ ŽŽƌĚŝŶĂƚŽƌ͕ ŶǀŝƌŽŶŵĞŶƚĂůůLJ ^ŽƵŶĚ DĂŶĂŐĞŵĞŶƚ ĂŶĚ ŝƐƉŽƐĂů ŽĨ W Ɛ WƌŽũĞĐƚ͕ EŽ͘ϭď͕ DĂŽ dƐĞͲdƵŶŐ ^ƚƌĞĞƚ͕ Kī :ŝŵŵLJ ĂƌƚĞƌ ^ƚƌĞĞƚ͕ ƐŽŬŽƌŽ͕ ďƵũĂ͕ EŝŐĞƌŝĂ͘
28.08.2018
THE LIGHTER SIDE/15
LEGAL HUMOUR Diogenes went to look for an honest lawyer. "How's it going?", someone asked. "Oh, not too bad", said Diogenes. "I still have my lantern." ˾˾˾
We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Kindly, respond to this at your earliest convenience. My childhood friend who deals in motor spare parts, travels to Thailand, Singapore and Malaysia fairly often. He has never had any problem, on his business trips. Usually he visits the three countries on each trip, and hardly stays beyond two weeks. But since March this year, he has not returned. His numerous customers drew my attention to this only recently, and after I made several futile efforts to reach him on his phone, I went to his family to find out what may have happened. The information the family gave me, is that they got a call that he had been arrested on a drug related offence abroad. They gave me the numbers of his business partners in the three countries which I called, and they all said they didn’t have any information about his whereabouts. Two of them said he didn’t tell them he was coming, which they found unusual. The only one that made sense to me, was that we should contact the Nigerian embassies in the three countries. That if indeed, he was arrested for drugs, the Nigerian embassies in those countries, would have been notified. So far, we haven’t been able to make any reasonable headway. Could he have been arrested and secretly executed, like some people are thinking? I.O., Lagos Dear I.O., It is unlikely that he could have been summarily tried and executed in any of these countries, without the Nigerian embassies in those countries being notified. I will however, advice that you go and make further enquiries at the embassies of those three countries, in
Nigeria here. The family should also go to the Head Office of the National Drugs Law and Enforcement Agency, for possible information on his whereabouts. This is because, if he was actually involved in drugs the NDLEA Act at Section 36. (1) provides that ‘Every Head of any Nigerian diplomatic mission abroad shall, at least once in every six months, forward to the Agency information and documents about Nigerians convicted and sentenced for drug offences in their country of accreditation. (2) The information and documents referred to in subsection (1) of this section are as follows(a) the name, date and place of birth of the convicted offender; (b) the address (if any) of the convicted offender; (c) a certified copy of the judgement; (d) a statement of the facts upon which the conviction and sentence were based, if not contained in the judgement; (e) the nature, duration and date of the commencement of the sentence; (f) whenever appropriate, any medical or social reports on the convicted offender and any information concerning his medical treatment in the sentencing country and any recommendation for his further treatment; (g) identities, and whereabouts of persons suspected of being involved with the convicted offender; (h) information about the proceeds of property derived from the commission of such offence. You must help the family go about this, with utmost diligence. If possible, his family may also engage the services of a Lawyer, to assist in this process of locating your friend.
A Police Chief, a Fire Chief, and a City Attorney, were travelling together by car to a municipal management conference in a distant city. Their car broke down in a rural area, and they were forced to seek shelter for the night at a nearby farmhouse.The farmer welcomed them in, but cautioned them that there were only two spare beds, and that one of them would have to sleep in the barn with the farm animals. After a short conference, the Police Chief agreed to take the barn. Shortly after retiring, a knock was heard on the door of the farmhouse. The party inside answered to find the Police Chief standing there, complaining that he could not sleep. There were pigs in the barn, he said, and he was reminded of the days when everyone called him a pig. The Fire Chief then volunteered to exchange with the police chief. A short time later, another knock was heard at the door. The Fire Chief complained that the cows in the barn reminded him of Mrs. O'Leary's cow that started the Chicago fire, and that every time he started to go to sleep, he started to have a fireman's worst nightmare, that of burning to death. The City Attorney, in desperation for sleep, then agreed to sleep in the barn. This seemed like a good idea, until a few minutes later, when another knock was heard at the door. When the occupants answered the door, there stood the very indignant cows and pigs.
LAWPAVILION UNVEILS NIGERIA’S FIRST ARTIFICIAL INTELLIGENCE LEGAL ASSISTANT CONTINUED FROM PAGE 5 For now, we have completed Lagos State Civil Procedure Rules. The Civil Procedure Rules of other States, as well as the Federal High Court Civil Procedure Rules, are in the pipeline, and will be available to TIMI’s users shortly.
of the legal email system through which processes and correspondence with the Supreme Court, are to be served and issued. To my mind, that is such an important directive and I am almost certain that the Honourable CJN will still issue further directives, about better adoption of technology to the Court system. There can be no better stamp of approval, than what emanates from the highest Court in the land.
Who can benefit from using TIMI? Everybody! From the seasoned Lawyers, to the new wigs, to Law School students, to anyone that is interested in knowing how our CPR in Nigeria works.
So, what is this AI, that LawPavilion has for the legal industry? Our AI is called ‘TIMI’, which is a ChatBot for now, with more complex implementations coming shortly.. It works like a Consultant that Lawyers can chat with. It converses with you, and helps you get things done faster. It has been programmed to walk the user through the Civil Procedure Rules of Nigerian Courts. Why Civil Procedure Rules? We are starting with the Civil Procedure Rules, because from our research, as a foremost Law Reporting Company in Nigeria, we have come to realise that 48% of the cases in the Appellate Courts are not based on the substantive suit; but on procedural issues. This means that a lot of Lawyers are erring on the side of procedure in Court, which is chiefly governed by the Civil Procedure Rules of the various Courts. TIMI has been developed, to ensure that its users never again err on the side of procedure! Can you briefly tell us how TIMI works?
Ope Olugasa
In a conversational manner, TIMI carefully walks its users through the Civil Procedure Rules, bringing to their attention what has to be done, within what time frame, consequence(s) of their failure to do something within the stipulated time, and the remedy (if any), where there has been a default in complying with the stipulation of the Civil Procedure Rules. The user interface, is very friendly and easy to navigate. Does TIMI have all the Civil Procedure Rules in Nigeria?
When will TIMI be available for purchase? TIMI will be officially unveiled at this year’s NBA Conference in Abuja, at our exhibition Stand. We have a package called “ARTIFICIAL INTELLIGENCE SUITE” encompassing TIMI- Nigeria’s first AI Legal Assistant, Case Analytics and a Practice/ Case Management Software. With this three-in-one feature, you can do so much more than just legal research and practice management! You can cross-reference cases, make use of the case analytics feature of LawPavilion Prime, automate your Case Diaries, keep records of spending in respect of a client’s account, track your matters’ list; endorse your client’s file electronically; automate your calendar, and so much more, while conversing with TIMI. This is the package we will be offering, at the NBA Conference. TIMI is undoubtedly an App, that will shape the future of legal practice in Nigeria! That is our goal, to make the practice of law and administration of justice seamless and highly effective, while being absolutely efficient and affordable.
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Restructuring Not Nigeria’s Problem, Says Osinbajo Omololu Ogunmade ÓØ ÌßÔË Vice President Yemi Osinbajo on Sunday in Minnesota, United States, said restructuring of Nigeria in accordance with geographical entities was not the country’s problem. Osinbajo, according to a statement by his spokesman, Mr. Laolu Akande, made the submission while answering questions from a section of Nigerians at a town hall meeting. According to him, what Nigeria needs is not restructuring but prudent management of national resources and proper provision for the people. He narrated his experience when he served in Lagos State Government for eight years. “The problem with our country is not a matter of restructuring and we must not allow ourselves to be drawn into the argument that our problems stem from some geographical restructuring. It is about managing resources
properly and providing for the people properly, that is what it is all about. “I served for eight years as Attorney General in Lagos State and one of the chief issues that we fought for in Lagos State was what you call fiscal federalism. We felt that there was a need for the states to be stronger; for states to more or less determine their fortunes. “So, for example, we went to court to contest the idea that every state should control, to a certain extent, its own resources - the so-called resource control debate. We were in court at that time up to the Supreme Court and the court ruled that oil-producing states should continue to get 13 per cent derivation. “While we were at the Supreme Court, only the oilproducing states and Lagos were interested in resource control; everybody else was not interested in resource control for obvious reasons. Now, that is the way the argument has always gone. Those who have
the resources want to take all of it, while those who do not have want to share from others. “My view is that we must create the environment that allows for people to realise themselves economically because that truly is what the challenge is with our country,” Akande quoted the vice-president as saying. He also said the vice president added that the federal government had put in place an economic structure that could function properly, despite previous challenges particularly about corruption which he said slowed down the economy. He also said Osinbajo spoke on the impact of corruption on the economy and the solution adopted by the Muhammadu Buhari administration.
“Unless we are able to deal with the fundamental questions especially around corruption, our economic circumstance will keep going one step forward, two steps backwards. “When you talk about corruption in Nigeria, the truth is stranger than fiction. It is the kind of thing that would cripple an economy anywhere because you simply don’t have the resources for the graft and the greed of the numbers of people who want to steal the resources. “All that we have been able to deal with is grand corruption. When we started the TSA, the whole point was to aggregate all of the funds of government that were in private banks. So, we put all of the money in the central bank so that we could at least see the movement of
money and by doing so, we were able to save 50 per cent of the corruption that was going on then.” Akande also stated that Osinbajo assured Nigerians in the United States that the incumbent federal government could be trusted, noting that “we can say for sure that the President is not going to sign off money and just bring it out to share.” He also said while relying on statistics from Organisation of Petroleum Exporting Countries (OPEC) on oil revenues accruable to Nigeria under successive administrations from 1990 to 2014, the vice president said not much had been done in terms of infrastructure development despite the huge oil revenues realised by the country. He further quoted him as saying, “Under the IBB / Abacha
administrations(1990 - 1998) Nigeria realised $199.8 billion; under the Obasanjo / Yar’Adua governments (1999 – 2009), the country got $401.1 billion; and during the Jonathan administration (2010 – 2014), Nigeria got $381.9 billion from oil revenues. “The question that we must all ask is that what exactly happened to resources? The question that I asked is that where is the infrastructure? “One of the critical things that we must bear in mind and see is that this government despite earning $94 billion, up until 2017, we are spending more on infrastructure and capital than any previous government, so we are spending N1.5 trillion on capital, that is the highest we have spent since 1990.”
Lagos PDP Chairman Defects to APC Segun James The Lagos State Chairman of the Peoples Democratic Party (PDP), Chief Moshood Salvador, yesterday defected to the All Progressives Congress (APC). Salvador, who had been at loggerheads with the party’s leader in the state, Chief Bode George, was only last week released from prison custody after being freed by the court over alleged complicity in the
murder of the PDP’s Apapa Local Government Area Chairman, Prince Adeniyi Aborishade. Salvador defection will be made formal at a rally soon, according to him. Salvador who was surrounded by hundreds of his supporters at his house in Surulere, Lagos, yesterday, said about 15,000 members of the party has appended their signatures to follow him to the APC.
We Treat Muslim Women with Respect, INEC Replies Group Segun James The Independent National Electoral Commission (INEC) in Lagos State has denied allegations by the Muslim Rights Concern (MURIC) that thousands of Muslim women from the South-west may not be able to vote in the 2019 election because they were being forced to remove their hijab by INEC officials before they can register. The commission in a statement by its Lagos State spokesman, Mr. Femi Akinbiyi described the allegation credited to the leader of MURIC, Ishaq Akintola as untrue and unfortunate. “A lot of Muslim women in hijab across the 20 Local Government Areas (LGAs) of Lagos State have been captured since the commencement of the exercise. The records are there to support our claims,” he said. He regretted that Akintola only made a particular reference to a registration centre in Agege LGA out of the many registration centres in the state. “The standard practice we adopted in all our registration centres is for INEC women officials to capture all Women in hijab’s biometrics in the open,
while their faces alone were captured inside a confinement set aside for the purpose without necessarily exposing their ears or part of their hairs. “Where we are operating under the canopy women rappers are being used to screen off the Muslim women from the public view. This approach is known and approved by some of the Muslim coordinators who have been interfacing with some of our Electoral Officers since the commencement of the Continuous Voter Registration exercise. “The same approach is being adopted in Agege LGA where the Electoral Officer confirmed that registration of Muslim women in hijab is going on smoothly, and that she received no complaints of any issue with women in hijab from any quarter.” Akinbiyi stressed that “religious fanaticism has no place in the Lagos office of the commission as Muslim brothers and sisters in the office are operating as one family and are also part of registration officers found in all the INEC local government offices in the state, and even celebrated the last Ileya festival harmoniously with people of other faith in the office.
CONGRATULATIONS
His Royal Majesty, Obol Ofem Ubana Eteng of Yakkur Kingdom in Cross River State (left), decorating the state Governor, Prof. Ben Ayade with a chieftaincy title of Obol Kogbogho “the king of light,” in his palace at Ugep, shortly before the celebration of the 2018 Leboku New Yam Festival in Ugep, Cross River State...recently
Nobody Can Islamise Nigeria, FG Reassures CAN Seriki Adinoyi ÓØ ÙÝ
Mustapha disclosed this in his keynote address at a two-day The Secretary to the Government peace summit organised by the of the Federation (SGF), Mr. Northern region of the Christian Boss Mustapha, has said that Association of Nigeria (CAN) with the alleged attempt to islamise the theme ‘Sustainable Peace and Nigeria is a dummy being sold Security in Northern Nigeria as a by enemies of the country that Panacea for Development.’ want to plunge it into religious “I must correct the dummy war, and assured christians that being sold by some rumour nobody can islamise the country. mongers about the issue of
islamising Nigeria; nobody can do that,” he said. He also said the federal government would remain committed to ending the current insecurity facing the country, assuring that the current security challenges would soon be over as the federal government was doing everything possible to tackle the menace.
“I call on the church to always continue to speak the truth at all times, nobody can kill the gospel, let’s continue to be our brothers keepers at all times and continue to preach peace. “We must reject those who propagate hatred, ethnicity, divisiveness, sectionalism or seek to manipulate religious differences for political gains,”
Fani-Kayode Writes IG, Says He’ll Honour Invitation BennethOghifo The former Minister of Aviation, Chief Femi Fani-Kayode, yesterday responded to the invitation by the police over alleged incitement, saying he would honour the said invitation and “possibly respond to questions on all facts, which may be limited to his knowledge.” The Inspector General of Police, Ibrahim Idris, had on August 20 summoned the former minister over alleged multiple case of
conspiracy, criminal defamation, inciting publication, injurious falsehood and conduct likely to cause breach of peace. The letter of invitation to Fani Kayode, dated August 20 and signed by Commissioner of Police, Force Headquarters Abuja, CP Habu Sani, stated that the former minister was been invited over the above mentioned case “reported to the Inspector-General of Police, in which the former minister was mentioned.” The IG however noted that
the invitation was purely for fact findings and thereby sought the former minister’s cooperation as regards the invitation. Fani-kayode in his response yesterday, through his lawyer, Kayode Ajulo informed the police that he would honour the invitation, but added: “However, it is essential to unequivocally state that the invitation letter under reference appears vague and ambiguous in its form. Your office, for reasons best known to them, did not mention the name
(s) and person(s) complaining against our client and on what particular subject matter his presence is required. “Therefore, in view of the short notice apparent in your letter under reference, our client is constrained to politely request for a rescheduling of the interview date and also that he be furnished with essential particulars of the purpose of his visit to your office so as to adequately prepare for the said ‘interview.”
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2019 Elections: N’Assembly Committee Recommends N143bn for INEC Deji Elumoye ÓØ ÌßÔË The National Assembly Joint Committee on Electoral Matters yesterday adopted the N143 billion proposal of President Muhammadu Buhari for the Independent National Electoral Commission (INEC) to prepare for the 2019 general elections in the country. The Committee Chairman, Senator Suleiman Nazif (Bauchi North), told journalists at the end of its 30-minute close-door meeting in Senate Committee Room 117 that the committee having deliberated
on the election budget proposal before it, resolved to adopt N143 billion recommendation for the electoral body ahead of the 2019 polls. “The joint committee has sat and has deliberated on the position to adopt the N143 billion as presented by the President,” he said. He said the committee would be meeting again with INEC management team today “so that they can be allowed to prioritise their needs for the coming polls” According to him, “at this point in time it is also the wish of this
committee that INEC represents their budget of N143 billion as requested by the President. “Therefore, INEC has an opportunity to reprioritise and this committee will be ready to receive them. This committee will be reconvening Tuesday (today) by 1p.m. so that we can consider the presentation of INEC,” Nazif said. The joint committee had met four times in the last two weeks over what to approve to INEC for the election. At one of the committee
meetings, the INEC’s Chairman, Prof. Mahmud Yakubu, had requested for N189 billion as the total sum the electoral body would require to prosecute the 2019 general elections. Nazif had penultimate Saturday hinted that the Joint committee would reconvene yesterday to harmonise the 2019 general elections budget proposal for the electoral body. He had said in a statement that “It is imperative to state here explicitly that, after an audacious session with all critical stakeholders, the joint
committee dissolved into executive structure and agreed to resume on August 27, 2018, to consider the harmonised version of the budget report diligently,” he said. The committee chairman assured the general public that work on the 2019 election budget was in advanced stage and in line with mandate issued to the joint committee by the leadership of the National Assembly. Before yesterday’s sitting of the committee, the members of the committee were divided along party
lines on the amount that should be approved by the committee for INEC. While the Peoples Democratic Party (PDP), Senators and House of Representatives members of the committee wanted the committee to approve the N143 billion requested by President Buhari for INEC, their counterparts in the All Progressives Congress (APC), were in support of the approval of N189 billion as requested from the committee by INEC.
Kwankwaso: Why I’m Not Declaring My Presidential Ambition in Kano Former Kano State Governor and presidential aspirant on the platform of the Peoples Democratic Party (PDP), Rabiu Kwankwaso, has given reasons why he is not declaring his presidential ambition in his home state of Kano. Kwankwaso, who is at loggerheads with his state governor and longtime political associate, Abdullahi Ganduje, had announced tomorrow as the day he will declare his 2019 presidential ambition. The announcement was contained in a statement by Kwankwaso’s Presidential Campaign Committee. The declaration, according to the statement, would hold at the Eagle Square, Abuja, by 11a.m. Speaking to PREMIUM TIMES yesterday, Kwankwaso’s spokesperson, Binta Sipikin, said Abuja is the nation’s capital and many of Kwankwaso’s political associates and supporters from across the country would be attending the event, hence the choice of Abuja.
She said it is not a Kano event, and it will be more convenient for people to come from any part of the country to the nation’s capital. “He is declaring in Abuja because it is the country’s capital, and this is a country’s event,” she said. “We are considering people from various parts of the country who may want to come, but could find a meeting in Abuja easier than in Kano.” Messrs Kwankwaso and Ganduje were political allies with the latter serving as deputy governor when Kwankwaso was the state governor. They have since parted ways with Kwankwaso leaving the All Progressives Congress (APC) to rejoin the Peoples Democratic Party (PDP), where he left in 2014 in hoping to achieve his presidential ambition. Kwankwaso last visited Kano over two years ago. The governor has been accused of using security as an excuse to abort a rally to welcome Kwankwaso back to the state.
Kogi State Internal Revenue Denies Alleged Diversion of N3bn Yekini Jimoh ÓØ ÙÕÙÔË The Kogi State Internal Revenue Services, (KGIRS), yesterday denied a report alleging that it diverted N3 billion meant to be remitted to the coffers of the state government. It was alleged that the Chairman of the Kogi State Board of Internal Revenue, Alhaji. Yakubu Oseni was being investigated for funds diversion and money laundering by the Economic and Financial Crimes Commission (EFCC). But the agency’s Head of Administration and Human Resources, Mrs. Asanat Salihu while reacting to the allegations on behalf of the agency, said the monthly revenue of the state has never exceeded N1 billion and wondered how the agency’s head or anybody could divert N3b as is been reported. Addressing journalists yesterday, she said the report was fake, baseless, misleading and politically masterminded because the chairman of the board has just indicated interest to contest for the Kogi Central senatorial election in
2019. “Our task in this organisation is just to collect and collate the revenue of the state via the banks. We operate cashless policy. The chairman of the agency accused to have issued directive for the said cash diversion is not even a signatory to the accounts. “Money paid into this accounts are channelled through E- transact before hitting the state governments account. Only the state government are signatory to the accounts. “What accrued to this organisation is just 10 per cent commission of what we are able to collect each months. And this is used to pay the staff salaries and used in handling other overhead costs. “This organisation is a noble one and the chairman is transparent to the core. The government has not declared that N3 billion is missing let alone looking for it. We wondered how and where people now get the fake story from.”
80 HEARTY CHEERS...
L-R: Past Chairman, Ikoyi Club 1938, Rear Admiral Toye Sode (rtd.); Honorary Secretary, Mr. Olukunle Oyewole; Trustee, Mr. Bode Agusto; Chairman Ikoyi Club 1938, Mr. Tunde Akinleye; and Vice Chairman, Dr. Adekunle Wright, during the unveiling of the 80th anniversary logo of Ikoyi Club 1938 in Lagos... recently
Crude Oil Price Rises to $76 per Barrel Ejiofor Alike áÓÞÒ ËÑÏØÍã ÜÏÚÙÜÞÝ The price of the global benchmark, Brent oil rose yesterday to $76 per barrel even as global output continued to rise while a trade dispute between the United States and China capped gains. Both the international Brent crude oil futures and the United States West Texas Intermediate (WTI) gained $1 to hit $76.04 per barrel, and $68.85 per barrel, respectively. However, Reuters reported that trading activity was limited due to a public holiday in Britain. The US and China have been locked in a trade battle for months, a dispute that threatens to curb economic activity in both countries.
China said it was retaliating against US tariffs by slapping additional import duties of 25 per cent on $16 billion worth of US goods, including oil and diesel. Chinese oil importers were said to be shying away from buying US crude oil as they fear Beijing may decide to add the commodity to its tariff list. The trade dispute has rattled global markets on fears it could lead to a slowdown of the world’s largest economies and result in a lower demand for commodities. Shipments into the world’s biggest importer of crude came in at 36.02 million tonnes last month, or 8.48 million barrels per day, rising from 8.18 million bpd a year earlier and just up on June’s 8.36 million bpd. Also, investors were watching the impact of US sanctions on Tehran, which analysts say could
remove as much as one million barrels per day of Iranian crude from the market by next year. Iran has exported around 2.5 million barrels per day of crude oil so far this year and most analysts expect this figure to fall by at least 1 million bpd. The prospect of a drop in oil exports from Iran, the third-largest producer in the Organisation of the Petroleum Exporting Countries (OPEC), in response to new US sanctions was also supporting the global oil market. European oil companies have started to cut back on Iranian purchases, although Chinese buyers are shifting their cargoes to Iranian-owned vessels to keep supplies flowing. Iran has warned that it would hit US and Israeli targets if it were attacked by the US after President Donald Trump’s security adviser
said Washington would exert maximum pressure on Tehran going beyond economic sanctions. Meanwhile, OPEC has started to boost supplies following a deal with Russia and other allies in June, although producers have been cautious so far. OPEC had on November 27, 2015, decided to pump as much as it could to defend market share, an action that sent the price of oil to a low of $27 per barrel in February 2016. Following the drop in oil price to an all-time low, OPEC and other major producers, including Russia started to withhold output in 2017 to rein in oversupply that had depressed prices since 2014. OPEC’s main objective for the cuts is to eliminate a global surplus in oil stocks and re-balance the market.
EU Ambassadors Commend INEC for Suspending Rivers By-election Ernest Chinwo ÓØ ÙÜÞ ËÜÍÙßÜÞ Worried by the violence that marred the Port Harcourt State Constituency Three Election, the Ambassador of Ireland to Nigeria, Sean Hoy, and the European Union Ambassador, Mr Ketil Karlson, have commended the Independent National Electoral Commission (INEC) for suspending the Rivers State Constituency III by-election held on Saturday, August 18. They said the action of INEC
was to protect the integrity of the electoral process considering the level of violence witnessed at the election. Both ambassadors spoke yesterday at the Government House Port Harcourt after a meeting with the Rivers State Governor, Nyesom Wike. They called on the federal government to take steps to ensure that elections are conducted within the ambits of the rule of law. Ambassador of Ireland to Nigeria, Sean Hoy said, “we
must always follow the rule of law, because election without the Rule of Law is not good. And it is not good for good governance.” The Irish Ambassador stated that they were in Rivers State to participate in a programme organised by INEC to improve youth participation in elections. “We emphasised that the youths must register to exercise their right to vote,” he said. Similarly, the European Union Ambassador to Nigeria, Mr Ketil Karlson, declared that measures
must be placed on ground by the relevant authorities to check a repeat of the electoral violence of August. Karlson commended INEC for the action it took after the violence. “We have commended the work of INEC . They have taken an important step and stance on the Port Harcourt State Constituency Three Election. “Measures should be taken so that we don’t see similar events in the future elections coming up in February and March next year,”
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Buhari Hails Denmark’s Move to Solve Farmers, Herders’ Crisis Omololu Ogunmade ÓØ Abuja President Muhammadu Buhari yesterday in Abuja said an initiative on dairy farming being championed
by the Kingdom of Denmark and Kaduna State Government would go a long way in curbing clashes between cattle herders and farmers in Nigeria. Special Adviser to the
Navy to Court Martial Three Personnel over Theft of Tompolo’s Equipment Sylvester Idowu ÓØ ËÜÜÓ The Nigerian Navy has set up a court martial to try three naval personnel allegedly involved in the theft of some equipment from a ship yard owned by exmilitant leader, Chief Government Ekpomukpolo alias “Tompolo”. Outgoing Flag Officer Commanding, Central Naval Command (FOC) Central Naval Command Yenagoa, Bayelsa State, Rear Admiral Saleh Usman made the disclosure yesterday at the end of farewell parade organised by the Nigerian Navy Ship (NNS Delta), Warri, Delta State. He said the Navy had concluded investigations on the alleged involvement of the ratings and had set up a court martial committee to try the suspects. Usman, who was accompanied by the Commander, NNS Delta, Commodore Ibrahim Dewu, assured that if the suspects were eventually guilty, they will be dismissed and handed over to the police for prosecution. “We all know that there is no institution without bad eggs. To ensure the image of the Navy is not soiled, we have instituted a martial committee to try the suspects. They are currently in detention now, so if after their trial and they are found guilty, we will dismiss and hand them over to the police for prosecution”, he said. The police in Warri had
about three weeks ago arrested three persons, including a naval personnel at the ship yard located along NPA Expressway, Warri siezed by the federal government and secured by the Navy. THISDAY gathered that the navy took custody of the naval personnel while further investigations by NNS Delta led to arrest of two others allegedly involved in the theft. The two other civilians are with the police. “In the next two weeks, the court martial will start sitting and the outcome of the trial will be made public, that I can assure you. We will not cover anybody up. We have our integrity to protect too,” FOC said. Addressing Officers and ratings, Usman urged them to shun partisan politics as the country approaches the 2019 general elections. “As members of the armed forces, we must show supreme respect to our constitution and loyalty to constituted authorities. “The democratic system of government is vital for Nigeria if we aspire to be part of globalisation and the attendant development. I, therefore, urge you to shun partisan politics as we approach the 2019 generalelections”, he said.
Osun Election: Court Strikes Out Suit against Omisore’s Candidature Yinka Kolawole ÓØ ÝÙÑÌÙ An Osun State High Court sitting in Osogbo, the state capital, has struck out the suit challenging Senator Iyiola Omisore’s candidature on the platform of the Social Democratic Party (SDP), in the forthcoming September 22, 2018 governorship election. Justice David Oladimeji had earlier adjourned the matter to yesterday for judgment after counsel to the parties in the suit had made their submissions. Two state officers of SDP, Alhaji Rasheed Mayowa and Chief Azeez Alakinde-Ismaila had gone to court, asking that the national body of the party be stopped from organising any fresh congress in the state on the grounds that the former congress held in 2016 produced the executives whose tenure would expire by 2020. The plaintiffs also argued that the congress which produced Omisore as the party’s candidate was illegal having being conducted contrary
to two respective court orders. The applicants’ lawyer, Mr. Olayinka Sokoya told the court that the matter was beyond the internal running of the party but was premised on the constitution of the party. Sokoya urged the court to sack all the executives elected by the factional SDP congress led by Dr. Bayo Faforiji and declare all actions taken by them so far, including the primary it conducted, which produced Omisore as unconstitutional. He asked to court to fully restore all powers back to the Chief Ademola Ishola-led executive, which produced an Iwo indigene, Mr. Kehinde Atanda as the governorship candidate. Counsel to the SDP, Mr. Kehinde Adesiyan asked thecourt to dismiss in its entirety all the applications filed by the applicants, arguing that the court lacks jurisdiction to entertain the suit in the first instance.
President on Media and Publicity, Mr. Femi Adesina, said the president made the comment while receiving Denmark’s Ambassador to Nigeria, Mr. Torben Gettermann, in a farewell audience at the State House. According to him, the president noted that the establishment of dairy farms, as being promoted by the Kingdom of Denmark, “will save the country from the almost perennial problem of clashes between herders and farmers, made worse
by population explosion.” He also said Buhari observed that when the dairy farms are “economically viable, the cattle herders will see the need to stay in one place, as they will realise that productive considerations, rather than the number of heads of cattle, are more important.” Adesina said Gettermann, while explaining the concept of dairy farming further, said the plan was to have 1,000 families of herdsmen with 12,000
heads of cattle in a location, where they will have veterinary attention, schools for their children, and generally live as a small community, adding that a Danish company, Arla, will then buy the milk off the cattle farmers. Furthermore, he said the Danish government would bring investors through its Agriculture Counsellor in the country, while the Kaduna State Government would provide initial infrastructure and funding. “Dairy farming is not
exactly the same thing as ranching. It will yield better meat, and the Danish company will buy the milk from the farmers. A pilot project w i l l s t a r t i n Kaduna, and then move to other locations, as it b e c o m e s c o m m e rc i a l l y viable,” he quoted the ambassador as saying. Adesina disclosed that after spending four years in Nigeria and 40 y e a r s i n the service of his country, Gettermann is proceeding on retirement.
MERITORIOUS AWARD
L-R: Governor of Abia State, Okezie Ikpeazu and immediate past governor/senator representing Abia Central, Senator Theodore Orji, during the conferment of Enyi Abia award on Orji, the second highest award conferred on most illustrious sons of the state at the 27th anniversary of the state’s creation in Umuahia...yesterday
Obaseki Abolishes Advance Payment of 10% on Estate Administration Edo State Governor, Mr. Godwin Obaseki, has issued an Executive Order altering the provision of Order 53, Rule 11, Paragraph 21 of the Second Schedule of the Edo State High Court (Civil Procedure) Rules 2012, that made it mandatory for persons applying for letters of Administration to pay 10 per cent of the total value of the property in advance, as a condition for the issuance of
Letters of Administration. Obaseki said the new Executive Order No: 1 of 2018, with August 1 commencement date, is a response to the plights of many beneficiaries and nextof-kin of deceased and retired government workers who cannot collect their entitlements due to their inability to pay in advance, the required 10 per cent of the value of their entitlements, as
condition for the issuance of Letters of Administration. The governor stated in the Executive Order: “Whereas, Order 53 Rule 11 and paragraph 21 of the Second Schedule of the Edo State High Court (Civil Procedure) Rules 2012 made it mandatory for persons applying for Letters of Administration to pay 10 per cent of the total value of the Property as a
condition for the issuance of Letters of Administration”. The governor added that his attention has been drawn to the plight of many applicants who as beneficiaries and or next-ofkin of deceased government workers/pensioners, are unable to process and obtain Letters of Administration to collect their entitlements.
THERESA MAY VISITS NIGERIA TOMORROW AS TRADE WITH BRITAIN GROWS Mr. Paul Arkwright, said the prime minister’s visit was to explore investment opportunities and seek ways to tackle common security threats. He spoke yesterday during a media briefing and confirmed May would be meeting with Buhari tomorrow. He said, “We feel that we are a country looking at opportunities for the UK, looking at strengthening our partnerships with both traditional allies such as Nigeria. “She will be meeting President Buhari here on Wednesday and security will, no doubt, be part of that conversation as will prosperity and economic opportunities.” Arkwright disclosed that the British Government following agreement with the Nigerian government in 2016, has successfully repatriated stolen
assets to Nigeria to the tune of 70m Pounds in the case of an undisclosed Nigerian who was found guilty after legal processes. The envoy assured that more stolen assets will be returned to the country after due process of the law, stressing that, “the British Government has no intention of keeping one kobo of Nigeria’s funds in the UK.” The envoy added that defence cooperation would also be one of the issues discussed between both leaders. He explained, “That is because we are interested in trade withAfrica, Nigeria but investment as well. “UK is the second largest investor inAfrica, we want to become the top investor in Africa; British companies are coming with prime minister to look at opportunities for investment and create jobs.”
Arkwright disclosed further that the prime minister would visit the Salvation Army in Lagos, where she is to address issues of human trafficking and also meet with some victims. Also speaking in Lagos, the British Deputy High Commissioner to Nigeria, Laure Beaufils, said yesterday that bilateral trade between Nigeria and the United Kingdom increased from 3.7 billion pounds in 2016 to 4.2 billion pounds in 2017. Beaufils disclosed this at a press conference ahead of the visit of British Prime Minister Theresa May to Nigeria and two other African countries this week. Beaufils said the visit to Africa, the first by the British prime minister in five year, would focus on building
and renewing economic partnership with the continent ahead of March next year, when Britain will leave the European Union. Meanwhile, Arkwright disclosed that the British Government following agreement with the Nigerian government in 2016 has successfully repatriated stolen assets to Nigeria to the tune of 70m Pounds in the case of an undisclosed Nigerian who was found guilty after legal processes. The envoy assured that more stolen assets will be returned to the country after due process of the law, stressing that, “the British Government has no intention of keeping one kobo of Nigeria’s funds in the UK.”
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ÍşÎ€Ëœ ͺ͸͚΀ Ëž T H I S D AY
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
CAF Approves Enyimba Stadium for Confed Cup Decider Duro Ikhazuagbe Nigeria’s lone team left in continental campaign this season, Enyimba FC of Aba, has received a major boost ahead of tomorrow’s CAF Confederation Cup Group C decider against CARA Brazzaville of Congo. After almost three seasons of playing away from their fortress in Aba due to renovation work, CAF has given the newly refurbished Enyimba International Stadium the go-ahead to stage Wednesday’s clash with the Congolese. CARA defeated Enyimba 3-0 in the reverse fixture earlier in the campaign. This approval followed the recent inspection visit carried out by CAF officials. Abia State Governor, Okezie
Ikpeazu, had last Sunday inaugurated the arena at a ceremony that included a novelty game with a team of former Super Eagles stars. Enyimba Coach, Usman Abdallah, who was named as replacement following the sudden departure of Paul Aigbogun midway into their campaign, is enthusiastic of his wards progressing to the semis. He is particularly excitement they are back to their fortress after playing in such places as the U.J Esuene Stadium in Calabar and the Adokiye Amiesimaka Stadium in Port Harcourt. “It is positive development for us because it would be better playing at our home ground in Aba, though it will be the first time for some of
our new players in the team. “We are not going to be under pressure against CARA especially after the important away victory against Djoliba last week. I’m optimistic of a positive result in Aba,� the former Kano Pillar gaffer enthused yesterday. The lone goal victory for Enyimba in Bamako leapfrogged the two-time African champions to level on same nine points with leaders CARA Brazzaville.
Third-placed Williams AC host Djoliba in Abidjan. Enyimba will rely on onloan striker Sunday Adetunji and Mfom Udoh for goals on Wednesday to make a victorious homecoming and advancement to the semis a surefire deal. “Finally, the hard work pays off. The @EnyimbaFC stadium has gotten approval from CAF to host CARA Brazaville on Wednesday and the rest of the
club’s #TotalCAFCC matches. Back home for good now,� reads a tweet on the twitter handle of Enyimba’s Media Officer, Farriel Allaputa on Monday morning. Wasiu Alalade who is one of the new boys in the team and is yet to play on the popular ground is looking forward to the Wednesday game with excitement. “The Aba stadium is one of the most popular league venues
in the country and it will be great to have the chance to play there soon,� he stated. “I must confess everyone is looking forward to playing there again and it is going to be a massive experience for us.� The Aba team is looking to become the first Nigerian club to win the CAF Confederation Cup just same way they ended the CAF Champions League jinx, winning it back to back in 2003 and 2004.
Kida Upbeat about D’Tigress Chances at the World Cup The President of the Nigeria Basketball Federation (NBBF), Ahmadu Musa Kida strongly believes that the country’s women’s senior team will fly Nigeria’s flag high and give a good representation for Africa when the 2018 World Cup tips off in Spain. Kida said the present players currently in camp in Lagos are the best set of players that are available to Nigeria across the world. Speaking yesterday which marked exactly one year D’Tigress won the 2017 Afrobasket Championship in Mali to qualify for the World Cup in Spain, the NBBF president said he was hopeful of a good performance. He said despite the 2017 set going on an eight-game unbeaten run to clinch the Afrobasket title after 13 years of endless wait, the present set of players are an upgrade of the 2017 class.
“I think this is one of the best women’s team that we have, going to such a tournament and I am also very hopeful and quite encouraged by what I have seen them do.� He assured stakeholders that the federation will work closely with the technical crew of the team to ensure that the best players are picked from the pool available, to represent the country at the World Cup. Kida restated the NBBF’s commitment to giving all the support necessary to the team to put up an excellent show when the World Cup begins on Saturday, 22nd of September in Tenerife, Spain. “My commitment to the country and basketball stakeholders is that we are going to put up a very excellent show, so let the game begin,� he concluded.
US Open 2018: World No. 1 Halep Knocked in First Round World number one Simona Halep became the first topseeded woman to lose in the US Open first round, falling to a 6-2 6-4 defeat against Kaia Kanepi. The 26-year-old Romanian’s serve was broken five times in the first match on the new Louis Armstrong Stadium in Flushing Meadows, New York. She fought back from a double break down to 4-4 in the second set but the Estonian broke again before Halep sent a forehand long on match point. Halep also lost her opening match at Flushing Meadows last year. The French Open champion was beaten by
Maria Sharapova in 2017. Before Monday’s defeat, no women’s top seed had lost in the opening round at the US Open since the professional era began in 1968, the same year that the tournament was given its current name, having previously been known as the US National Championships. World number 44 Kanepi, 33, reached the quarter-finals at Flushing Meadows last year but has had a succession of injury problems in recent years. Also on the opening day, British number one, Kyle Edmund, was knocked out in the first round of the US
World No. 1, Simona Halep, was knocked out of the First Round of the US Open 2018...yesterday
Teams Battle for World Team Cup Slots in Mauritius The already confirmed 22 teams including continent’s powerhouses – Nigeria and Egypt are expected to battle for the 2019 ITTF World Team Cup at the 2018 ITTF African Championships holding in Mauritius between September 3 and 9. According to the President, African Table Tennis Federation (ATTF), Khaled El-Salhy, the two teams (men and women) that will represent Africa at the World Team Cup holding in November 2019 will be known at the end of the team event in Mauritius. “The Mauritius will also serve as the qualification for the next World Team Cup to be held in November 2019 in Tokyo as a test event for Tokyo Olympic Games 2020 in Japan,� he said. Being a record entry for the tournament in recent times and the countries expected in the Ocean Island include – host, Mauritius, Nigeria, Egypt, Algeria, Gabon, Angola, Burkina Faso, Congo Brazzaville, Cameroun, Somalia, Rwanda, Seychelles, Madagascar, Togo, Benin Republic, Cote d’Ivoire, South Africa, Djibouti, Comoros, Libya, Eritrea and Congo DRC. For the ATTF boss, this is a good development for the continent. “Yes I am so happy in following up the expected good number of entries in-spite of the received information from National Associations, hoping that all could do it and come with us to Mauritius soon,� the ATTF boss said. Aside the tournament, Khaled El-Salhy said the Mauritius would
afford the reconsider its new strategic plan for the next few years. “This time we have a special ITTF/ATTF Forum “Table Tennis For All. For Life� holding on 3 to 4 September in which we are planning to conduct our new continental Strategic Plan for the coming years of 2018 to 2024. ATTF is looking to conduct a special Strategic Plan satisfying the needs of all African Associations with a great concentration for the activities through Regions in the future in which more small nations could come with less cost. � He is confidence that Mauritius can stage a befitting event. “As per experience we have very successful events in Mauritius (i.e. African Seniors Championship in 1998 & 2004 plus African Juniors & Cadet Championship in 2015) with a very fantastic performance from Mauritius Table Tennis Association (MTTA), thus I am expecting to have a very special event as one of the top professional organization in Africa.� To update the knowledge of the players on the importance of the media, Khaled El-Salhy said there is plan to stage a media workshop for players and teams during the Mauritius party, while the Executive Council cum Council Board meetings will also take place. On his expectations, he said: “I am expecting some sort of big competition that leads for a breakdown variation of gold medals between more countries.�
Integrity Checks for Jordaan, Four OthersVying for FIFA Council Seat The five candidates for the vacant African seat on the FIFA Council are undergoing integrity checks by world football’s governing body before their participation in next month’s poll is confirmed. The seat of ex-Ghana Football Association (GFA) President Kwesi Nyantakyi will be filled at a specially convened Confederation of African Football (CAF) Congress in Sharm El Sheikh, Egypt on Sunday, September 30. CAF confirmed that five candidates have been nominated but must go through a vetting process by FIFA before being allowed to stand. They are: r&MWJT $IFUUZ QSFTJEFOU PG UIF Seychelles Football Association r4PVUI "GSJDBO 'PPUCBMM Association President Danny Jordaan, who withdrew from two previous FIFA executive committee seat races r.PTFT )BTTJN .BHPHP president of the Federation of Uganda Football Associations r8BMUFS /ZBNJMBOEV MPOH serving president of the Football Association of Malawi and former international midfielder r-FPEHBS 5FOHB XIP JT a former Tanzania Football Association president and CAF executive committee member and played for his country in
their only Africa Cup of Nations finals appearance in 1980 Adam Mthethwa of Swaziland and Nick Mwendwa of Kenya have since withdrawn, CAF sources added. The three candidates from the COSAFA region - Chetty, Jordaan and Nyamilandu - could be whittled down to one after a meeting of the regional body in Johannesburg on September 9. The member countries are to discuss the possibility of supporting one candidate from the region and asking the other two to step aside to give the preferred candidate a better chance of beating his East African rivals. At the CAF congress, the winner must obtain an absolute majority otherwise there will be repeated rounds of voting, with the person with the lowest number of votes falling out each time, until a winner is found. Tenga lost to Nyantakyi in the last election for the Anglophone seat in Addis Ababa two years ago. Nyantakyi beat Tenga by 33 to 20 votes to become one of the 37 FIFA Council members, sitting at the heart of the running of the game. Africa has six other members including CAF President Ahmad, who is automatically a FIFA vice president.
Tuesday August 28, 2018
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MISSILE Saraki to APC Senators “I am not losing any sleep about impeachment, we have a country that a lot of Nigerians believe there must be rule of law, those who are talking about impeachment are engaging in cheap blackmail and I am not concerned about that” – Senate President, Dr. Bukola Saraki, stating that he is not losing sleep over the plot to remove him by some senators and the leadership of the All Progressives Congress (APC).
TUESDAY WITH REUBENABATI abati1990@gmail.com
Rule of Law: The President Got It Wrong
I
t is unfortunate that the most important statement made so far at the on-going Annual Conference of the Nigeria Bar Association, an outright derogation of the supremacy of the rule of law, has not yet generated any coherent response from either the Bar or the Bench. President Muhammadu Buhari was guest of honour on Sunday at the NBA Conference and he had the additional responsibility of declaring the Conference open. In his address, he told the gathering of eminent lawyers and judges that his administration will prioritise national security over and above the rule of law. The “rule of law” often sounds like a catchy phrase among lawyers, and there have been so many confusing interpretations of it, especially by politicians, compelling Martin Kettle to advise in The Guardian UK, of November 25, 2006, that “we need leaders who better understand the rule of law.” Kettle is right because here is what President Buhari reportedly said: “….Rule of law must be subject to the supremacy of the nation’s security and national interest. Our apex court has had cause to adopt a position on this issue in this regard and it is now a matter of judicial recognition that where national security and public interest are threatened or there is a likelihood of their being threatened, the individual rights of those allegedly responsible must take second place, in favour of the greater good of society…” Politicians often get away with their own convenient interpretations of the rule of law because of the kind of acquiescent, self-denigrating reception that President Buhari received at the NBA event. The President had just invoked before an audience of officers in the temple of justice, the spirit of the notorious Decree 2 of 1984, and can you imagine? : They all clapped! The Chief Justice of the Federation, Walter Onnoghen would later mention the independence of the judiciary, but nobody thought it necessary to give some talk about the Supremacy of the Rule of Law. The President even dabbled into case law, by referring to some subsisting decisions or judicial recognition of the Supreme Court. Politicians are closet lawyers, of course: the ones who have attended one election tribunal or the other often forget themselves and try to play around with legalism. But it is scandalous for lawyers and the judex to applaud a statement, which clearly erodes the doctrine of the separation of powers, the independence of the judiciary and the general principles of constitutionalism. Before I go any further, let me state that I am fully aware that because of the popularity of the phrase, “the rule of law”, it has also been grossly misapplied, prompting Professor Akin Oyebode to argue in an essay titled “ From the rule of law to the rule of just law” (1994), that perhaps we should be more concerned about the “abuse of the rule of law” and argue for just law, because the rule of law can only make sense when it is rooted in “substantive and distributive justice”, more so as the “rule of law” has become “a harlot at the disposal of everyone.” President Buhari rather than turn national security into a fetish, must be more concerned about justice. It is only when justice is done that the “greater good of society” can be realised. The doctrine of rule of law can be traced back to the Greek philosopher, Aristotle, but it is often associated with Professor A.V. Dicey who in 1885 provided three basic outlines for understanding it: (1) no man can be punished except under the law and before ordinary courts of the land. That is: You can only be punished according to an established law, not the whims and caprices of government or an individual (2) no man is above the law, and every man is equal before the law, be
Buhari he king or plebeian and (3) the general principles of the constitution as interpreted by the courts shall prevail. In summary, therefore, the rule of law is about fairness, justice, equality, due process, accountability, impartial application of the law and proper administration of justice. Whatever other interpretations or conventions may have governed Dicey’s original clarification in other jurisdictions, there seems to be a universal meeting of minds to the effect that the rule of law is paramount. Where there are no laws, what you’d find is the rule of men. Thomas Hobbes identifies this as “a state of nature” where cruelty, nastiness and brutishness could be the order of the day. Indeed, any attempt to define the rule of law outside the province of justice, is a journey towards a state of anarchy as defined by Hobbes, or at best, what Lord Hailsham calls “elective dictatorship”. Thus, when President Buhari stood before Nigerian judges and lawyers, and told them that the rule of law is not as important as national security, he was not talking about “justice”, he was talking about “power and might”. He was saying that regardless of what the courts may say, the government reserves the right to take decisions bordering on personal freedoms and rights in the interest of national security. In 1984 as a military Head of State, General Muhammadu Buhari as he then was, pushed this same conviction through a notorious Decree 2. The judex of the time, the Supreme Court of Fatayi-Williams, Oputa, Eso, Obaseki, Irikefe, Bello, Karibi-Whyte, Nnaemeka-Agu, Uwaifo, Ayoola - and lawyers like Gani Fawehinmi, Abraham Adesanya, Kanmi Osobu resisted the violation of the rule of law by the military dictatorship that emerged. In 2018, every reasonable person must insist that the rule of law is superior to national security, and where there must be a restriction of fundamental rights, only a court of law can so pronounce, not the President, not any of his agents, no matter how highly placed. In other jurisdictions, the statement made by President Buhari would ordinarily have earned him an objection from the office of the Attorney General. The disagreement between President Trump and the former head of the Federal Bureau of Investigation (FBI) James Comey is all about the rule of law, the latter’s attempt to defend and protect it in the people’s interest, and the former’s attempt to bend the law to his own will. It is the same with the current Attorney General of the United States, Jeff Sessions who has been most critical and dismissive of President Donald Trump. Sessions insists, like Comey that his loyalty is to the rule of law and the people of the United States and not to the whims and caprices of a certain
Trump. The President insists that he gave Sessions the job because he expects him to be loyal. You may not like Mr. Sessions’ abrasiveness but you cannot fault him on the grounds of principle. In our case, Abubakar Malami, SAN owes us, the Nigerian people, a higher loyalty by ensuring that the government of the day does not turn national security into a scarecrow for violating human rights. It is this same bogey that is used to intimidate the media and all voices of opposition in society. But it is sad that at some point, Nigeria’s present Attorney General also had cause to express the same sentiments that President Buhari put on the table before the NBA. He was probably speaking from the mouth of the Attorney General and if this is true, then it is a tragedy. Tom Bingham, Lord Chief Justice of England and Wales (as he then was) defines the rule of law by identifying certain abuses of it. He writes; “The hallmarks of a regime which flouts the rule of law are, alas, all too familiar: the midnight knock on the door, the sudden disappearance, the show trial, the subjection of prisoners to genetic experiment, the confession extracted by torture, the gulag and the concentration camp, the gas chamber, the practice of genocide or ethnic cleansing, the waging of aggressive war. The list is endless.” Characteristically, every dictator’s excuse for these violations of human rights is national security or national interest. Jones Abiri, a journalist, was arrested and detained for two years, without trial, under this administration - going by the new logic, for national security reasons. When the man was released after much public outcry, he looked as if he had been taken through an experiment. Colonel Sambo Dasuki (rtd.), the country’s former National Security Adviser (NSA) has been granted bail by the courts six times; the West African Court has also upheld his right to fair
hearing and asked that he should be granted bail, but the Nigerian government has refused to obey the courts. The leader of the Shi’ites Movement, Ibrahim el-Zakzaky, and his wife, have been in detention for more than a year. The leader of the Indigenous Peoples of Biafra movement (IPOB) was smoked out of his residence one fateful day, like a rabbit. His whereabouts remain unknown to date. Radio stations have been demolished, media owners have been told to be careful, The President talks tough. His foot-soldiers leave no one in doubt that they are in charge and they are ready and willing to use power. The Constitution of Nigeria is an expression of the sovereignty of the people of Nigeria and the basis for the rule of law. There can be no higher law above it, only the courts can interpret it and determine cases accordingly, including matters related to national security. When the executive arm of government takes it upon itself to determine what constitutes national security or national interest, it commits the error of acting as the judge in its own cause. This is contrary to all norms of a good society, including the body of laws on war, not even in a war situation is an individual’s rights allowed to be brazenly violated. And say what you will, Nigeria is not at war. The Supreme Court was referred to by President Buhari, and I urge their Lordships to remember the words of Justice Samson Uwaifo, who has been described by Professor Ben Nwabueze as “a great judge and one of the ablest judges that ever sat in the Supreme Court”. On the occasion of his retirement on 24 January 2005, Uwaifo JSC spoke about “judicial uprightness” and “the manipulative dimension prevalent in our socio-political environment” and he concluded: “The Supreme Court must always demonstrate, even more than ever in such atmosphere, that it can neither bend nor break”. I rest my case.
A Distress Call from Ghana
I got a frantic call from Ghana the other day. It was from Lillian. The Ghanaian authorities were shutting down shops belonging to Nigerian traders at the Kwame Nkrumah Circle in Accra. The Inter-Governmental Task Force set up by the Government of Ghana to regulate retail trade had arrested about 50 Nigerians. Many of them were detained. “The situation is not good at all, someone needs to come to their rescue; “ she said. This is not a new matter. Across Africa, the Nigerian trader is often resented by the local population, on the grounds that Nigerians are either taking over their businesses or their women. But the reported attack on Nigerians in Ghana is most disturbing. Both countries share many affinities: historical, cultural, political and social. Nigerians love to go to Ghana. It is less than an hour away by air and it is a stable, organised society. Since the reversal of fortunes between both countries, with the Ghanaians who used to flock to Nigeria in the 70s and 80s, now enjoying better prosperity, Nigerians are now the ones going to Ghana in droves in search of economic opportunities or a place to enjoy some sanity, away from the maddening crowd at home. Given our people’s enterprising spirit, it is not unexpected that Nigerians will dominate the retail market in any country where they are allowed to settle in large numbers. In 1994, Ghana introduced a law called Ghana Investment Promotion Centre Act (GIPCA), Section 19(3) of which says “in the case of trading enterprise involving only the purchasing and selling of goods, which is either wholly or partly owned by a non-Ghanaian, there shall be an investment of foreign capital or its equivalence
in goods worth at least $300, 000 by way of equity capital and the enterprise shall employ at least 10 Ghanaians.” Non-Ghanaians are also required to have a residence permit and a business permit. In the past six years, the Ghana Union of Traders Association (GUTA) has been urging the GIPC to take action against foreigners involved in retail business in Ghana who they accuse of pushing them out of business. There are over 1, 000 retail shops owned by non-Ghanaians across Ghana, most of them by Nigerians. Aggrieved Ghanaian traders want those shops shut down. In June, the GIPC issued a notice asking the foreigners to obey the provisions of the GIPC Act or close down their shops by July 27. Most of the Nigerian retailers cannot afford $300, 000 – in Naira, that is about N108 million! The businesses they run do not need up to ten staff. These are people selling phones, textiles, electronics, or recharge cards or engaged in some other small-scale enterprise in the markets. Whereas the Ghanaian government has said the law is not targeted at Nigerians, the truth is that Ghana does not want foreigners in the retail business. Foreigners are not allowed to drive taxis in Ghana or run kiosks. Ghana’s trade protectionism raises a question: how far can an ECOWAS member-state go in protecting the sovereign interests of its nationals in the context of binding ECOWAS protocols? The governments of Ghana and Nigeria should take the on-going development seriously and prevent a breakdown of people-to-people diplomacy. In Kumasi, members of the Ghanaian Traders Association reportedly attacked Nigerian traders and the latter are also threatening to retaliate. It shouldn’t get to that.
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