TUESDAY 20TH NOVEMBER 2018

Minimum Wage: Our Situation is Precarious, Govs Tell Buhari Show president books of 12 states, say N30,000 unsustainable Shola Oyeyipo in Abuja Representatives of Nigeria Governors’ Forum (NGF) yesterday met with President Muhammadu Buhari to discuss

the lingering issue of national minimum wage, telling the president that states are too financially weak to pay the N30,000 recommended by the National Minimum Wage

Committee.

Following the committee’s recommendation, which was submitted to the president on November 6, 2018, governors had complained that the figure

was unsustainable as most states were still unable to pay the prevailing N18,000.

But organised labour insisted that it was N30,000 or nothing and warned of dire

consequences of any move to lower the figure, forcing the governors to set up a committee to put together their case for the attention of the president.

It was the governors' committee, comprising governors of Lagos, Kebbi, Plateau, Bauchi, Akwa Ibom, Continued on page 9

NERC: Discos Yet to Provide Meters for 57% of Electricity Users‌ Page 9 Tuesday 20 November, 2018 Vol 23. No 8616. Price: N250

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Telecoms Services May Shut Down in Abuja, 10 States Kogi closes 150 base stations Emma Okonji

ALLEN AVENUE GETS NEW GLOWORLD...

L-R: Permanent Secretary, Ministry of Science and Technology, Lagos State, Mr. Olukayode Ogunnubi; Commissioner for Housing, Mr. Gbolahan Lawal; Commissioner for Science and Technology, Mr. Hakeem Fahm; Group Executive Director, Globacom, Mrs. Bella Disu; Managing Director of Ibile Broadband, Mr. Ganiyu Oseni; and Deputy Chief Operating OďŹƒcer, Globacom, Mr. Michael Toluhi, during the inauguration of new ultra-modern Gloworld outlet at Allen Avenue, Ikeja, Lagos... recently

There are palpable fears that 10 states of the federation and the Federal Capital Territory, Abuja, may experience total outage of telecoms services in the next few days, following the shutdown of several base stations by the Kogi State Internal Revenue Service.

The affected states, which are sharing borders with Kogi State, are Nasarawa, Benue, Enugu, Anambra, Edo, Ondo, Ekiti, Kwara and Niger States.

The Association of Licensed Telecoms Operators of Nigeria (ALTON), which raised the alarm yesterday in Lagos during a press conference, said as at Friday last week, the number of telecoms sites (base stations) affected was 70, Continued on page 8

Oshiomhole Tackles Atiku on Jobs as PDP Says Buhari’s Next Level is Dead on Arrival Adedayo Akinwale and Onyebuchi Ezigbo in Abuja Nigeria’s leading political parties, the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), were on war path yesterday as both tore apart the policies and programmes of one another.

While the APC National

Chairman, Mr. Adams Oshiomhole, said the PDP’s presidential candidate, Alhaji Atiku Abubakar’s, promise of 2.5 million jobs per annum contained in his policy document, presented yesterday, was deceitful; the opposition party replied that President

Muhammadu Buhari’s Next Level campaign slogan was dead on arrival.

Speaking in Abuja after the APC National Working Committee (NWC) meeting, Oshiomhole said Atiku’s annual job pledge was an empty promise and urged

Nigerians to demand from the PDP presidential candidate and his party what they did with the promises earlier contained in the National Economic Empowerment and Development Strategy (NEEDS) document when they were in office.

"If you are going to create 10 million of jobs, how come that when you were in government before and you produced a (NEEDS) document, where you promised to create seven million jobs, by the time when the government was out, we had lost Michelin; Dunlop

FG Rakes in N2.524 Trillion Revenue in Q3... Page 8

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closed down; entire textiles industries closed down; we witnessed unprecedented industrial obituary," he said.

But the PDP responded in a statement by its National Publicity Secretary, Mr. Kola Ologbondiyan, that it was the APCâ&#x20AC;&#x2122;s Buhariâ&#x20AC;&#x2122;s campaign slogan and programmes that Continued on page 8

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PAGE EIGHT

FG Rakes in N2.524 Trillion Revenue in Q3 MPC may delay interest rate hike as elections draw close

Obinna Chima Federal revenue collected in the third quarter of 2018 stood at N2.524 trillion, the Central Bank of Nigeriaâ&#x20AC;&#x2122;s (CBN) third quarter economic report, has shown.

The report was posted on its website last night, just as some chief executives predicted that notwithstanding the sluggish economic growth as well as pressure on the countryâ&#x20AC;&#x2122;s external reserves, the Monetary Policy Committee (MPC) of the CBN, which commences its 264th meeting tomorrow would leave its key monetary policy tools unchanged as the 2019 elections draw nearer.

According to the latest CBN report, the federal revenue collected in the third quarter of 2018, was lower than the proportionate quarterly budget estimate of N3.321 trillion by 24 per cent.

It, however, rose above the receipts in the preceding quarter by 8.9 per cent. â&#x20AC;&#x153;The decline in federallycollected revenue (gross) relative to the proportionate quarterly budget estimate was attributed to the shortfall in both oil and non-oil revenue components in the review period,â&#x20AC;? the report explained.

The report showed that gross oil receipt, at N1.394

trillion or 55.2 per cent of the total revenue, was below the proportionate quarterly budget estimate by 27.4 per cent.

It also fell marginally below the receipts in the second quarter of 2018 by 0.3 per cent.

Despite the increase in crude oil price, oil revenue declined relative to the proportionate budget estimate, owing to shortfalls in crude oil production and exports, arising from leakages and shut-ins/shut-downs at some NNPC terminals.

On the other hand, non-oil revenue, at N1.130 trillion or 44.8 per cent of total, was below the proportionate quarterly budget estimate of N1.400 trillion by 19.3 per cent. It was, however, above the level in the preceding quarter by 22.8 per cent.

The lower non-oil revenue relative to the proportionate quarterly budget estimate was due to the shortfalls in receipt from federal government independent revenue and VAT in the review period.

The report stated that despite the decline in domestic oil production, there was improvement in foreign exchange revenue from oil export in the third quarter of 2018, on account of the favourable international price of crude oil.

The development was,

however, moderated by the significant decline in inflow from non-oil exports.

Consequently, aggregate foreign exchange inflow through the CBN amounted to US$12.95 billion, indicating a 6.3 per cent decline below the level at end-June 2018.

It, however, showed an increase of 8.1 per cent, over the level in the corresponding period of 2017.

The decline, relative to the preceding quarter, reflected, mainly, the fall in inflow from non-oil sources.

Aggregate outflow through the CBN amounted to US$16.93 billion in the third quarter of 2018. This represented 27.4 per cent and 81.3 per cent increase, above US$13.29 billion and US$9.34 billion in the preceding quarter and the corresponding period of 2017, respectively. The increase in outflow relative to the preceding quarter was attributed to 32.2 per cent and 28.0 per cent increase in public sector payments and interventions in the foreign exchange market.

Overall, a net outflow of US$3.98 billion was recorded through the bank, compared with US$0.53 billion and US$2.64 billion in the second quarter of 2018 and the corresponding period of 2017, respectively.

MPC May Delay Interest Rate Hike as Elections Draw Close Meanwhile, some analysts that spoke with THISDAY last night said they did not see the central bank hiking interest rate, suggesting it would rather deploy its open market operations (OMO) and primary market auction to continue to control the volume of liquidity in the system as well as attract foreign investors.

The Managing Director of Afrinvest Securities Limited, Mr. Ayodeji Ebo, said the MPC would at the end of its meeting, maintain status by keeping the major monetary policy tools unchanged.

He said, â&#x20AC;&#x153;Beyond that, there are other instruments for the CBN to guard rates, which are the OMO and primary market auction. Those have proven to be more effective because the OMO rates would have more impact in terms of yields on fixed income and the main objective is to attract and keep foreign investors as well as to reduce the liquidity in the system as much as possible. â&#x20AC;&#x153;But if you increase MPR, it has direct impact on maximum lending rate. So, that may destabilise the equilibrium.

But using OMO will not affect

lending.â&#x20AC;?

He, however, pointed out that the MPC members would be concerned about the weak growth being experienced in the economy.

According to him, the MPC might also try to persuade government to accelerate the implementation of the 2018 budget and would try to re-access the real sector support facility (RSSF) to see how effective it has been.

To the Chief Executive Officer of Coronation Merchant Bank, Mr. Abubakar Jimoh, with the situation the economy is presently, where interest rate has gone up in some advanced economies and oil prices are down, â&#x20AC;&#x153;all indications show that the central bank would at the minimum hold rate, or they would tighten further.â&#x20AC;?

He added, â&#x20AC;&#x153;How they would tighten, I donâ&#x20AC;&#x2122;t know, but there are so many instruments that are available to the central bank. â&#x20AC;&#x153;The CBN governor has made it clear that they have the responsibility to ensure that there is price stability in the economy. Given the fact that we are also approaching an election period, I do not see any indication that shows that they should relax policy at this time.â&#x20AC;?

However, analysts at

FSDH Merchant Bank believe members of the MPC â&#x20AC;&#x153;may decide to delay an increase in the monetary policy rate until their January 2019 meeting.â&#x20AC;?

The firm added in a report, â&#x20AC;&#x153;The CBN may continue to use the conduct of OMO to manage the temporary liquidity in the financial system that may affect price stability.â&#x20AC;?

Although FSDH Research noted that despite the recent drop in the price of crude oil on the international market, the moderately strong global growth would sustain global crude oil prices around US$70/barrel in the shortterm. â&#x20AC;&#x153;FSDH Research expects the Federal Open Market Committee (FOMC) of the US Federal Reserve to raise the Federal Funds Rate (Fed Rate) by 0.25 per cent when the committee meets in December 2018. â&#x20AC;&#x153;An increase in the Fed Rate may further place additional demand pressure on foreign exchange in Nigeria and possibly increase capital flight from emerging markets.

Thus, a rate cut in Nigeria is not appropriate under these situations. â&#x20AC;&#x153;The short-term forecast for the Nigerian economy shows that economic growth remains fragile.â&#x20AC;?

OSHIOMHOLE TACKLES ATIKU ON JOBS AS PDP SAYS BUHARI'S NEXT LEVEL IS DEAD ON ARRIVAL had arrived dead on arrival, claiming that the negative reactions of Nigerians to them backed his partyâ&#x20AC;&#x2122;s position.

He stated, â&#x20AC;&#x153;The negative reactions of Nigerians to the Next Level mantra have shown that the document is dead on arrival as Nigeria cannot afford the reinforcement of failure, especially as the electorate have already seen through the deception and cheap attempt to beguile them again ahead of the elections.â&#x20AC;?

Atiku: I Represent Hope, Aspirations of Nigerians Atiku had said earlier yesterday that he represented the hope and aspirations of

Nigerians ahead of the 2019 general elections, explaining that his policy document was put together in 18 months by a team of experts he worked with on how to get Nigeria working again.

The former vice president disclosed this on his Facebook page, while presenting his policy document titled, â&#x20AC;&#x2DC;The Atiku Plan,â&#x20AC;&#x2122; where he said the sad fact today is that many Nigerians are not working and are living in poverty and insecurity.

He noted that too often, Nigerians have been promised better governance by those seeking their votes, but stressed that such individuals have preyed on the legitimate desires of the people for their

conditions to be improved, that they make all sorts of promises.

Atiku lamented that the very fabric of the society is breaking down, adding that Nigeria has never been so divided as a nation.

He stated, â&#x20AC;&#x153;On October 6, 2018, I sought and obtained the mandate of the Peoples Democratic Party, to fly their flag as a candidate for the office of president of the Federal Republic of Nigeria. Today, I am formally presenting myself to you as the presidential candidate of not just the PDP, but of the hopes and aspirations of all Nigerians. â&#x20AC;&#x153;However, I am not here to tell you how I will get Nigeria working again. Instead I would

like to tell you how we will get Nigeria working again together. â&#x20AC;&#x153;I am strongly of the view that I am just one Nigerian and one Nigerian cannot be as wise as all Nigerians. That is why I will offer an inclusive leadership. Atiku Abubakar is 100 per cent for 100 per cent of Nigerians, 100 per cent of the time. â&#x20AC;&#x153;I am not one for making grandiose promises. Rather than promises, I believe in policies. I believe in setting goals and coming up with realistic plans and policies to achieving those goals. To me, leadership is having the discipline to commit to oneâ&#x20AC;&#x2122;s goals until they are a reality. â&#x20AC;&#x153;Over the last 18 months,

I have worked with the best experts Nigeria has to offer to come up with policies and plans that when implemented will get Nigeria going in the right direction again. â&#x20AC;&#x153;I have succeeded in running my private enterprises, which now employ 50,000 Nigerians because I believe in policies and I have to stay with them until they become reality.â&#x20AC;?

The former vice president said he desires to run for the office of the president not because he has a bag full of promises, but because he is prepared to lead.

On getting Nigeria working again, he explained that he was not talking about what he could do, but talking of what he had done before.

situation, which has led to outage of over 150 sites, including hub sites across parts of Kogi State, with likely impact on nine states surrounding Kogi.

"We are very concerned that this indiscriminate action has the potential of further leading to a total telecommunications outage in Kogi State with neighboring states and parts of the Federal Capital Territory adversely impacted."

He added, "To the best of our knowledge, our members have settled all statutory levies and taxes due to the Kogi State government and have taken necessary steps to comply with local laws that govern business activities within Kogi State."

He listed some of the levies and taxes, which the state is demanding to include, Annual Right of Way (ROW) renewal; Social Services contribution; Employee Economic Development Levy; Mast site premises renewal and

Fire Service yearly renewal.

Others from the Kogi State Environmental Protection Board include, payment of environmental levy; failure to submit an environmental impact assessment report fine; failure to register industry fine; failure to submit environmental audit report every two years fine; storage of petroleum products and radioactive materials without written permission fine; failure to comply with setbacks to roads, power lines and rivers/ streams fine and dumping of toxic or hazardous substances or harmful waste without approval.

Adebayo said the action of Kogi State government would jeopardise communication services provided by telecoms operators to security agencies such as the Nigeria Police Force, the Armed Forces in addition and to other emergency and social services in Kogi and other neighbouring states.

Continued on page 9

TELECOMS SERVICES MAY SHUT DOWN IN ABUJA, 10 STATES but that as at yesterday, the number of affected sites had risen to 150, and more sites are likely to be affected in the next few days that will lead to total outage of telecoms services in the nine states.

Chairman of ALTON, Mr. Gbenga Adebayo, said the total outage would not only affect telecoms services, but would also affect banking services like Automated Teller Machines (ATM) and Point of Sales (PoS) that are used for financial transactions, since such financial services are delivered on the platform of telecoms infrastructure.

He said the imminent outage would also affect national security issues in the nine states and Abuja, should there be any delay in addressing the issue.

Adebayo, therefore, called on the presidency, the Office of the National Security Adviser (ONSA) and the Nigerian Communications Commission (NCC), to call Kogi State

government to order before its action would cripple telecommunications service offerings in the country.

According to Adebayo, he was surprised at the action of Kogi State Internal Revenue Service because letters had been written from the ONSA instructing all states to desist from shutting down telecoms base stations, but should rather resort to dialogue since telecoms infrastructure is rated as critical national infrastructure that should not be tampered with at the slightest provocation.

Adebayo said, "ALTON wishes to express its concern about the shutting down of telecommunications facilities in Kogi State as a result of disputes arising from unusual taxes and levies demanded by the Kogi State government through its Ministry of Environment and Physical Planning, Ministry of Environment and Mineral Resources, Kogi

State Environmental Protection Board, championed by the Kogi State Internal Revenue Service (KIRS). â&#x20AC;&#x153;This situation arises as a number of critical telecommunications sites belonging to our members have been closed and sealed up by Kogi State Government in an attempt to increase its Internally Generated Revenue (IGR) collection."

Explaining what led to the shut down, Adebayo said the state action followed an ex-parte court order obtained by the Kogi State Internal Revenue Service over unsubstantiated allegations that telecoms operators were in default of tax payments to the state government, which is not the truth, and access to these critical telecoms sites has been denied.

He explained, "As a result of these actions by the state government, our members are unable to refuel power generators in these sites, a

Atiku explained that when he was the vice president from 1999 to 2007, he chaired the National Economic Council that gave Nigeria her highest and most consistent GDP growth of over six percent per annum.

He said despite the fact that crude oil prices at that time were much lower than they are today, under President Olusegun Obasanjo administration, Nigeria paid off her entire foreign debt.

He stressed that the administration equally introduced the GSM revolution that saw Nigeria go from 100,000 phone lines to over 100 million today.

Atiku noted, â&#x20AC;&#x153;We were able to achieve these, and much more, because we had

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TUESDAY, ͺ͸Ë&#x153; ͺ͸͚Î&#x20AC; Ëž T H I S D AY

NEWS

NERC: Discos Yet to Provide Meters for 57% of Electricity Users Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) yesterday disclosed that in every 10 users of grid generated electricity supplied by the 11 electricity distribution companies (Discos) in Nigeria, nearly six of them, representing 57 per cent, have remained unmetered, indicating that estimated billings by the Discos are still prevalent.

NERC also indicated it was about to introduce a regulation to cap monthly estimated bills issued to consumers by the Discos.

The regulatory body equally noted that under the proposed regulation, consumers who reject meters installed at their premises

by Discos would be cut off from electricity supplies.

In the consultation paper on capping of estimated bills, which NERC posted on its website, the commission said the 11 Discos with a

customer base of 8,292,840, have been able to provide meters for only 3,591,168, while 4,701,672 have not been metered as at August 2018.

NERC explained that the percentage of unmetered customers was 57, adding that the practice of estimated billing by the Discos have resulted in payment apathy.

It said to cap estimated billing by Discos, it was considering options such as a cap on estimated billing based on the projected average monthly consumption of each tariff class in the Multi Year Tariff Order (MYTO) model; application of the average consumption of each tariff class within a franchise area as the cap for estimated billing of unmetered customers; and capping the estimated bill of consumers within a business unit to the average vending of the same tariff class within the area.

NERC said, â&#x20AC;&#x153;The

Minister of Power, Works & Housing, Babatunde Fashola performance agreement executed between the Bureau of Public Enterprises (BPE)

and the core investors in the 11 Discos provide for the installation of end-use

meters based on agreed targets. However, the actual performance as at August 2018 indicates that about every six in 10 customers are unmetered and therefore, subjected to estimated billing. â&#x20AC;&#x153;The practice of estimated billing in the Nigerian Electricity Supply Industry (NESI) has continued to constitute a major source of complaints by customers in all the Discos.

This practice has resulted in growing customer apathy to pay their bills leading to huge unsettled Disco invoices and call for urgent metering of unmetered customers and timely reading of customers' post-paid meters.â&#x20AC;?

NERC noted that the recent effort of the National Assembly to legislate against the practice of estimated billing reflected the public concerns about inadequate meters for electricity customers and flagrant abuse of the estimated billing process for both post-paid

metered and unmetered customers.

It added, â&#x20AC;&#x153;In pursuit of eliminating the practice of estimated billing for unmetered customers in the NESI, the commission approved the Meter Asset Provider Regulation (MAP) with the main objective of fast tracking the roll out of end-use meters for all consumers thus ensuring that customers pay for only what they consume. â&#x20AC;&#x153;The implementation timeline for closing the metering gap is within three years, hence the need to address the concerns of customers during the transitional period.â&#x20AC;?

It further stated that, â&#x20AC;&#x153;In line with the applicable regulations of the commission, no customer shall reject the installation of a meter on its premises.

Distribution licensees shall deny service to any customer who rejects the installation of a meter on its property.â&#x20AC;?

OSHIOMHOLE TACKLES ATIKU ON JOBS AS PDP SAYS BUHARI'S NEXT LEVEL IS DEAD ON ARRIVAL a plan called the National Economic Empowerment and Development Strategy. â&#x20AC;&#x153;That plan worked, and today I have the pleasure of unveiling our policies and strategies, not promises, to take Nigeria from where she is right now, to where she needs to be.â&#x20AC;?

Atiku also said that his plan to restructure Nigeria would lead to a vast increase in the internally generated revenue, both for the federal government and the states via the matching grants that his administration would provide to state governments that increase their own revenue.

He stated, â&#x20AC;&#x153;Let me be clear, no state will receive less funding than they get today â&#x20AC;&#x201C; in fact all will receive more and the harder a state works the more they will get.â&#x20AC;?

The former vice president noted that if elected president, he would be pro-active in attracting investments and supporting the 50 million small and medium-scale enterprises across Nigeria for the purpose of doubling the size of our GDP to 900 billion dollars by 2025.

These investments, he stressed, would create a minimum of 2.5 million jobs annually and lift at least 50 million people from poverty in the first two years. â&#x20AC;&#x153;This is my plan to get Nigeria working again; a plan that will give Nigerian

workers a living wage. A plan that will give Nigeriaâ&#x20AC;&#x2122;s youth a world-class education.â&#x20AC;?

Buhariâ&#x20AC;&#x2122;s Next Level Document Dead on Arrival, Says PDP Meanwhile, the main opposition party has said negative reactions of Nigerians to the 'Next Level' mantra of Buhari have shown that the document was dead on arrival.

The party in a statement

by Ologbondiyan pointed out that the president failed to articulate any solutions or clear policy direction in his â&#x20AC;&#x153;procured and pedestrian â&#x20AC;&#x2DC;Next Levelâ&#x20AC;&#x2122; document.â&#x20AC;?

He stated, â&#x20AC;&#x153;The negative reactions of Nigerians to the Next Level mantra have shown that the document is dead on arrival as Nigeria cannot afford the reinforcement of failure, especially as the electorates have already seen through the deception and cheap attempt to beguile them again ahead of the elections.â&#x20AC;?

In the meantime, it said the resounding public endorsements that heralded Atikuâ&#x20AC;&#x2122;s policy document were a confirmation that the document embodies the collective mindset, yearnings and aspirations of Nigerians.

The party said the policy document was a product of painstaking and productive consultations with Nigerians,

critical stakeholders and development partners in key sectors, in the overall determination to chart a new course for the country.

It stressed that Atikuâ&#x20AC;&#x2122;s policy document offers solutions and practical direction for delivery in all sectors of our national life.

According to the PDP, â&#x20AC;&#x153;The policy document foretells a new dawn as it articulates practical solutions and answers to the myriad of economic, social and political challenges facing our nation and sets out all-inclusive templates for national rejuvenation, cohesion, protection of human rights and democratic tenets, wealth creation, transparency and elimination of corruption in governance.â&#x20AC;?

It noted that in line with its people-based manifesto, the Atiku's policy document places utmost priority on the people by focusing on their yearnings for job creation, infrastructural development, poverty eradication, human capital development, inclusiveness and national unity.

The party added, â&#x20AC;&#x153;Nigerians are particularly happy with the Atiku Abubakar policy document as it seeks to implement pro-poor policies that grant all citizens, irrespective of financial and social status, unhindered opportunity to participate in economic activities to achieve self-reliance and become

active contributors to national development. â&#x20AC;&#x153;Unlike President Buhari, who is adjudged by Nigerians to be aloof, detached and unconcerned, Atiku Abubakar has always maintained a strong bond with the people; hence his ability to understand their challenges, collective aspirations and to proffer solutions with underlining political will.â&#x20AC;?

The PDP, therefore, urged Nigerians to continue to take ownership of Atiku's presidential campaign, which it said embodies their collective aspiration as a people to make the nation work again.

Oshiomhole Mocks Saraki, PDP over Loss in Kwara State Meanwhile, Oshiomhole yesterday mocked Senate President Bukola Saraki over PDP's loss at the Kwara legislative by-election, saying the victory of the APC had rubbished the Senate president's political dynasty.

He spoke after the party's NWC meeting, which frowned at the actions of some party members who it said had resorted to litigation as a way of addressing their perceived grievances.

The party said it that it had resolved to set up 10 reconciliation committees to visit states where there were

outstanding disputes with a view to reconciling aggrieved aspirants.

It warned that it would henceforth activate constitutional provisions to penalise such members as their action was capable of undermining the party and hurt the Partyâ&#x20AC;&#x2122;s interest.

Addressing journalists after the NWC meeting, Oshiomhole said the leadership used the opportunity to celebrate and savour the hat-trick victories in by-elections in Kwara, Katsina and Bauchi States.

He said the NWC meeting also resolved to set up 10 committees to embark on peace mission to the state chapters ahead of the commencement of campaigns.

Oshiomhole particularly expressed satisfaction with the defeat of the candidate of the PDP in the House of Representatives bye election in Kwara State describing it as a major blow to Saraki.

He said, "For me, even more outstanding is the humiliating defeat Saraki suffered in the hands of Kwara people, who are determined to dismantle the Saraki failed attempt to install his own variance of a political culture of which he is the only constant decimal.

"In his own case what the people of Kwara have done to him is that they are going to politically bury him come February next year and he has seen the first warning.

â&#x20AC;&#x153;I am sure Saraki would be politically retired by the good people of Kwara that he has mismanaged their economic and political rights over the years," he said.

Also in a statement yesterday by the National Publicity Secretary of APC, Mallam Lanre Isa-Onilu, the party said the actions of the aggrieved party men, who went to court, might be viewed as indiscipline and a violation of the APC's constitution.

He said, "This growing trend is viewed by the party as a manifest indiscipline. The actions, it should be noted, is considered as anti-party as it goes against our partyâ&#x20AC;&#x2122;s constitution.

"For emphasis, according to Article 20, Subsection 10 of our partyâ&#x20AC;&#x2122;s constitution, offences against the party include the following: â&#x20AC;&#x153;Filing an action in a court of Law against the Party or any of its Officers on any matters relating to the discharge of the duties of the party without first exhausting all avenues for redress provided for in this constitution," it said APC advised such aggrieved members to withdraw all court cases, while approaching the appropriate party organs with a view to resolving any outstanding disputes.

In addition to this, aggrieved members are urged to take full advantage of the reconciliation committees the party has just put in place.

to the president not accept the figure proposed by the minimum wage committee.

The governors, THISDAY sources said, told the president that there were only two ways the new figure could be afforded: retrenchment or increase in federal allocation to states through the alteration of revenue allocation formula in their favour.

They warned that the retrenchment option would injure the president politically as it would make his pledge

of creating three million jobs annually unrealisable.

This, they told the president, is certainly not what he would want in an election season.

In any case, they reportedly argued, the federal government too, is barely able to pay the prevailing N18,000 pay cheque, contending that it had been doing so through loans and bonds.

The president was said to have told the governor that he would study their case and get back to them.

MINIMUM WAGE: OUR SITUATION IS PRECARIOUS, GOVS TELL BUHARI Ebonyi, Enugu, Kaduna and Zamfara States that met the president behind closed-door yesterday to explain their position to him.

The governors said this was necessary in order to let the president understand their stance, since their input was not contained in the minimum wage committee report.

Although no official statement was made after the meeting, THISDAY gathered that the governors told the president that the finances of

the states were so precarious that none of them would on the long run be able to sustain the N30,000 organised labour is insisting on.

The governors, according to impeccable THISDAY sources, presented the books of 12 states; two per geo-political zone, to the president to support their claim of incapacity to pay.

They reportedly argued that even states like Lagos and Rivers that seem able to shoulder the fresh figure could

not sustain it as the resultant increase in wage bill would burden them.

They cited Lagos State, which currently has N7billion wage and N2billion pension bills, pointing out that this would shift from N9billion to N15billion per month if the N30,000 is forced on states. â&#x20AC;&#x153;This would be crippling,â&#x20AC;? the governors reportedly told the president.

They warned that two-thirds of the 36 states would go bankrupt if they are forced to

pay the new proposed figure.

Pressing their case further, they gave the president some statistics, â&#x20AC;&#x153;When the minimum wage negotiation started in November 2017, the average total monthly allocation to states was N800 billion. By the end of negotiations in November, 2018 the allocation had shrunk to N600 billion.â&#x20AC;?

Clearly, they told the president that the resources to foot the proposed figure are simply not there.

They, therefore, appealed

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TUESDAY NOVEMBER 20, 2018 ˾ T H I S D AY

NEWS

Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268

Buhari Will Ensure Free, Fair Poll, Amaechi Assures UN Envoy President pledges more funding for military PDP , Atiku condemn president’s attempt to drag military into politics Onyebuchi Ezigbo, Kingsley Nwezeh and Adedayo Akinwale in Abuja The Director General of the Muhammadu Buhari Campaign Organisation, Mr. Chibuike Rotimi Amaechi, has again insisted that President Muhammadu Buhari will not allow anything to go wrong with the credibility of the forthcoming 2019 general election.

This is coming as the president yesterday pledged to provide more funding for the military in order to enhance its capacity and deepen professionalism.

But the opposition Peoples Democratic Party (PDP) and its presidential candidate, Atiku Abubakar, have condemned what it described as the attempts

by President Buhari to politicise and compromise the military by dragging in service chiefs to attend and participate in his re-election campaign rally.

Amaechi said the president meant his words when he assured the international community of the federal government’s determination to conduct a transparent, free and fair general election next year.

Amaechi gave the undertaking while receiving in audience, the Special Representative of the United Nations Secretary General, Mohammed Ibn Chambas, at the President Buhari Campaign Organisation Office, Abuja.

He said apart from his undertaking to guarantee credible election, the president has warned his campaign officials not to be part of any

manipulation during the 2019 polls.

Although the brief meeting with the UN envoy was held behind closed doors, THISDAY gathered from sources privy to the meeting that Ibn Chambas told his host that the world body is interested in seeing that next year’s general election in Nigeria is organised in a most credible and peaceful manner.

According to the source, the UN envoy also said the body is worried at the build-up to the crucial elections, especially with the utterances of politicians and the commencement of election campaign.

“The envoy came specifically because of the 2019 general election. They were worried about the state of affairs in the country and needed more assurances from the government that the general election will be credible, free and fair,” the source said.

Meanwhile, President Buhari has pledged to provide more funding for the military in order to enhance its capacity and deepen professionalism.

This is coming as the Chief of Air Staff, Air Marshal Abubakar Sadique, said the air power applied against the insurgents in the North-east between 2015 and 2018 had greatly reduced the capabilities of the terrorist group, Boko Haram.

Speaking at the opening ceremony of the three-day International Air Power seminar hosted by the Nigerian Air Force in Abuja, President Buhari said his administration would continue to support the drive to modernise the armed forces through enhanced budgetary

allocation in their quest to meet the constitutional demands of protecting Nigeria’s sovereignty and territorial integrity.

He said successful counterinsurgency operations would therefore require unity of efforts across multiple ministries, departments and agencies (MDAs) covering political, economic, law enforcement, intelligence and the military.

“In this regard, we have mobilised relevant agencies and international organisations to support the counterinsurgency effort in order to ensure success.

Our vision is to build a stable and prosperous Nigeria that would be the pride of future

generations. It is however pertinent to note that this cannot be accomplished without peace, stability and security.

“Peace and stability can only be achieved if we are committed to emplacing reforms that will entrench true democracy in our polity,” he said.

In a related development, main opposition PDP has condemned the attempts by President Buhari to politicise and compromise the military by dragging in service chiefs to attend and participate in his re-election campaign rally.

The PDP said such participation in partisan politics is a dangerous dimension as

it would not only erode the confidence which the citizens repose on the military ahead of the election, but is also a recipe for discord and partisan disagreements within the rank and file of the military.

This, according to the main opposition party could also result in mutual suspicion in the force and whittle its effectiveness in defending the nation.

The PDP in a statement yesterday by its National Publicity Secretary, Mr. Kola Ologbondiyan, described the participation of the service chiefs in Buhari’s campaign rally tagged, “Next Level” as completely unacceptable and

objectionable. The party noted that it sends a very wrong signal to the public regarding the expected professionalism, neutrality and detachment of the institution of the military from partisan politics and cannot be justified under any guise.

The main opposition party alleged that Buhari’s desperation to rig and foist himself on the country in the 2019 election, would stop at nothing in his attempt to compromise and desecrate the country’s institutions, but said that doing so on the military is a clear invitation to crisis and derailment of the country’s democracy.

OF PROJECTS...

Afenifere, Ohaneze, Soyinka, INAUGURATION L-R: Delta State Commissioner for Information, Mr. Patrick Ukah; Chairman, Ika North-East Local Government Area, Mr. Victor Ebonka; President Olusegun Obasanjo; and Delta State Governor, Senator Ifeanyi Okowa, during the inauguration of the dualised OwaOthers Insist on Restructuring former Ekei/Owa-Alero road, from old Lagos - Asaba road to Owa-Alero roundabout, Delta State...yesterday Segun James

A Nobel Laureate, Prof. Wole Soyinka; pan-Yoruba sociocultural group, Afenifere, and Ohaneze Ndigbo have called for the restructuring of the country to allow states have maximum control of their resources.

Speaking separately during a ‘Handshake Across Nigeria: Nigeria Beyond Oil,’ held in Lagos yesterday, they also called for the reconfiguration of the country in view of what they described as the disregard for the rule of law and the high level of insecurity in the country.

Soyinka, in his keynote address, stressed that for a country blessed with abundant natural resources to realise its full potentials, states must be allowed to have maximum control of their resources, to allow them to set their priorities.

He contended that the effects of playing religious card by the country’s leadership were grievous, adding that this has the potential to do incalculable damage to the unity of the country.

On the theme of the parley, Soyinka described it as symbolic, saying: “The handshake is symbolic; it is a gesture of solidarity. The handshake brings

the best in us, that we are all one, it is handshake of forgiveness.”

He, however, charged the Nigerian youths to mobilise themselves in order to transform governance in the country, saying it was time to do so collectively as they could not do it individually, even as he also charged them to hold on to what could bring developmental stride.

“It is time, you can’t do it individually; you have to come together and choose a representative. The change has to be authentic and sloganeering.

So what we are looking is not a handshake across the nation but a handshake across history,” Soyinka said.

Other prominent Nigerians, including Ibrahim Gambari; General Ike Nwachukwu (rtd); a leader of pan-Yoruba socio-political group, Afenifere, Chief Ayo Adebanjo; former Minister of Information and national leader of the Ohanaeze Ndigbo, John Nwodo, and Prof. Anya O. Anya, among others were also unanimous on the need to restructure the country and allow states have maximum control over the resources available in their states for the benefit of their people.

Fire Guts EFCC’s Zonal Office in Abuja Ejiofor Alike The Economic and Financial Crimes Commission (EFCC) last night confirmed that men of the Federal Fire Service, (FFS), Wuse Zonal office, successfully subdued inferno that almost razed down the anti-graft agency’s Wuse 2 Zonal office.

According to a statement by the acting spokesman of the agency, Mr. Tony Orilade, the fire fighters led by their Sector Commander, Melone Onyekachi, arrived the Wuse 2 office of the commission when they were alerted of the fire by the Incident Duty Officer of EFCC, Kayode

Oyetunde at about 7.10p.m.

The fire started at the former newsroom which now serves as storage for ICT equipments that were retrieved from the commission former offices scattered across the Capital City. The former newsroom is domiciled in the two Storey Costa Hall which was commissioned

by Dr. Antonio Maria Costa on November 13, 2007. The building currently houses the Data Centre and the Combined Inter Agency Task Force,” the statement explained.

When asked what could have caused the fire, Onyekachi said, “Our duty is to put off the fire;

that we have successfully done.

There is another department that will come and ascertain the cause of the fire”, he explained.

The statement added that two officers of EFCC attached to the Combined Inter-Agency Task force who were trapped on the second floor of the building were successfully rescued before the fire was eventually subdued.

The statement added that the extent of the damage would be ascertained after stock taking.

“The commission’s Chief Security Officer (CSO), Nasir Abdullahi, immediately after the fire was curtailed, went to the Maitama Police Station

to incident the fire outbreak.

Policemen from the Station who followed him to the commission, however, promised to return for further enquiry,” the statement said.

The statement identified the management and officers of the EFCC who were on ground to concertedly subdue the fire to include: the Supervisory Secretary, Mr. Chile Okoroma; Director, Finance and Accounts, Jubril Manigi; Zonal Head of Operation, Mohammed Rabo; DD, Admin, N.T Ibrahim; Head of Legal, Kabir Latona; and Head of ICT, Isah J. Abdullahi, among others.

Four Killed in Ekiti Bank Robbery Victor Ogunje in Ado Ekiti Three policemen and one other person were reportedly killed around 6p.m. yesterday at Ijero Ekiti, Ekiti State during a bank robbery that lasted for an hour.

The robbers were said to have shot the policemen and the three died on the spot.

THISDAY gathered that the armed robbers shot sporadically into the air, which made those at the Automated Teller Machine (ATM) and others within the vicinity to scamper for safety.

The armed robbers were said to have blown up the security door of the bank and before they went into the banking

hall, where they carted away undisclosed amount of money .

“Immediately they got to the bank, they opened fire on the policemen on guard and killed three of them. They blew up the security door and entered and this shows that they must have carted away money,” an eye-witness told THISDAY

The Police Public Relations Officer (PPPRO) of Ekiti State Police Command, DSP Caleb Ikechukwu, confirmed the incident.

He said the bandits cane to the bank with an ambulance carrying a large cache of weapons which they used to rob the bank.

THISDAYt TUESDAY NOVEMBER 20, 2018

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HIS EXCEL L LENCY

DR. GOODLUCK EBELLE JONATHAN GCFR FORMER PRESIDEN N T OF NIGERIA

Your ur Exceellency, I rejoice with you and your family on the occasion of your 61st birthday.

May your days be filled with peace, joy and love even as the nation celebrates your exemplary leadership qualities of humility, selflessness and respect for law and order.

Congratulations sir.

Senator, Dr. Ifeanyi Okowa Governor, Delta State

THISDAYt TUESDAY NOVEMBER 20, 2018

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T H I S D AY Ëž Ë&#x153; Í°ÍŽË&#x153; Í°ÍŽÍŻÍś

COMMENT

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

OSHIOMHOLE AND THE WARMONGERS

The APC party reform under the chairman is geared towards achieving internal democracy and discipline, argues Sufuyan Ojeifo

R

ight from the outset of his interest in the chairmanship of the All Progressives Congress (APC), Comrade Adams Oshiomhole knew that his programmes of reform, which formed the major plank of his electioneering promises, would not only ruffle the feathers of some influential stakeholders but also break their backs.

Some of the governors, who reluctantly threw their weight behind him because of the massive endorsement he got from President Muhammadu Buhari, also knew that they had Oshiomholeâ&#x20AC;&#x2122;s independent-mindedness (read stubbornness) to contend with in the months ahead. Perhaps, they were not sure of the extent he would go to push through his reform.

As it were, the sheer dimensions of the Oshiomhole reform and its implications for some governorsâ&#x20AC;&#x2122; political structures in their respective states have become writ large. Real and pseudo political empires have collapsed under the magnitude of the reform like a pack of cards.

Whereas, the feeling of apprehension was noticeable in their dispositions, the emperors who have been subdued in the states never thought that apocalypse was inches away from their skin.

Their nemesis, one-time president of the Nigeria Labour Congress (NLC) and former governor of Edo State, was magisterial in his pursuit of the policy to return the party to members. On the basis of that, he resisted the urge to pander to the whimsical and entrenched desires of some of the governors for impolitic control of the party structures in their respective states.

I am not too sure that the APC, which, by the circumstances of its formation, was change-inclined, bargained for the significant reform that Oshiomhole has driven, thus far, by his utter will-power as well as moral and mental discipline. His can-do spirit has unravelled in its vast flourish; but, in a fit of resistance by warmongers, he has become a butt of attacks in the onerous task of cleansing the Augean stables and setting the party on the trajectory to greatness.

But the governors, in their determination to fight back to reclaim their dismantled structures, have since thrown all manner of dirty tricks into the mix. Some governors unsuccessfully mobilised for a no-confidence vote in Oshiomhole. They also purportedly influenced the invitation by the Department of State Services (DSS) over the conduct of the governorship primary elections in some states. When the first two gambits failed, they resorted to the third option, which is to consistently make bribery allegations through some proxies.

In all of the shenanigans, Oshiomhole has been uncompromising to the chagrin of his traducers who are doing a great job, stoking the fire of the war of allegations of bribe-taking even when they have not directly produced the specific evidence. Characteristically, they have resorted to media propaganda, using their hirelings to disseminate the phantom amounts in millions of dollars that Oshiomhole allegedly received.

Their odious strategy is simple: continue to assail the sensibilities of Nigerians with the lies so that, with time, they could pass off as truth.

Interestingly, the opposition Peoples Democratic Party (PDP) and some of its leaders have joined in the fray to assassinate the character of Oshiomhole and destroy his hard-earned reputation. Again, the expectation was that the stratagem would discount the moral high ground that the APC national chairman occupies.

But as a veteran of many struggles in labour activism and survivor of subterfuge in the nationâ&#x20AC;&#x2122;s cloak-and-dagger politics, the raging battle of wits and grits is for Oshiomhole to win. He is poised to run away with victory, having put the control of partyâ&#x20AC;&#x2122;s structures in the hands of members in realisation of the new governance reform that has, as its essential components, party discipline, supremacy and internal democracy.

This has, undoubtedly, benefited from the strategic support of President Buhari, Vice- President Yemi Osinbajo and Asiwaju Bola Tinubu.

Indeed, Oshiomhole has put up a defence that appears more rational against the backdrop of the allegations of bribe-taking coming out from

OSHIOMHOLE RESISTED THE URGE TO PANDER TO THE WHIMSICAL AND ENTRENCHED DESIRES OF SOME OF THE GOVERNORS FOR IMPOLITIC CONTROL OF THE PARTY STRUCTURES IN THEIR RESPECTIVE STATES

the camps of the embittered governors. He explained that the primary elections were not about money. In one of his ripostes in the last one week, Oshiomhole had said that the exercise was not about money or bribe-taking, arguing that if it was, nobody had resources more that the governors to dispense in that circumstance.

Oshiomhole has continued to insist that the governorship primary elections fulfilled the requirements of transparency and due process.

The significant narrative by him is that the governors who lost out had deployed state machinery, to no avail, in their desperate bids to impose their preferred candidates on members of the party in their respective states.

I posit that Oshiomholeâ&#x20AC;&#x2122;s uncompromising stance on internal democracy is sine qua non for the partyâ&#x20AC;&#x2122;s victory in the general election. And, with the critical presidential support he enjoys, he has left the rank of the governors, who lost out in the primary elections, exasperated, thus making them to resort to all manner of despicable self-help.

The objectives of that enterprise, among others, centred on forcing Oshiomhole to resign his position before the window of substitution of candidates closed so that his successor could revisit the issues and do their biddings. But because that failed, the conspirators set out to erode the moral basis of Oshiomholeâ&#x20AC;&#x2122;s leadership through the medium of irresponsible allegations and propaganda.

It is remarkable that Oshiomhole has served notice to those who propagate such defamatory comments of his intention to seek redress in court. In a desperate situation of partisan frenzy where good reputations are unkindly sullied for parochial political ends, it is in apple-pie order to call on the courts for injunctive reliefs and compensation for damages.

And, the fact of the narrative should not be lost in that the war of allegations resulted from the dismantled political empires of some governors that Oshiomhole turned into crying and browbeaten emperors. Oshiomhole was politically pragmatic enough not to align with them to promote their imperial control of the party structures in their states.

Oshiomholeâ&#x20AC;&#x2122;s commitment to return the party to members, which was the reason he swayed the national working committee to introduce direct primary election for the selection of the partyâ&#x20AC;&#x2122;s standard bearers, would be judged by history and remembered by posterity.

In fact, the significance of that policy continues to be reinforced by President Buhariâ&#x20AC;&#x2122;s decision to submit to it.

Seventeen states chose the direct primary election mode while 19 states settled for indirect primary election. What the governors who settled for indirect primary election wanted to achieve was to use the state government machinery and their entrenched structure in their respective state chapters of the party to predetermine the governorship candidates and those who would be awarded the tickets for other elective positions.

The move was to unconscionably shut out the vast majority of the members of the party in the choice of their representatives, a development which was contrary to the spirit of the reform. To be clear, the reform was geared towards achieving internal democracy together with party supremacy and discipline.

The party members, according to reports, are happy with the decision of Oshiomhole in Imo State where Senator Hope Uzodinma is the bona fide governorship candidate at the expense of Governor Rochas Okorcohaâ&#x20AC;&#x2122;s son-in-law, Uche Nwosu; and, in Ogun State where Governor Ibikunle Amosun could not, single-handed, foist his preferred candidate, Hon. Adekunle Akinlade, on the party as the governorship candidate. Prince Dapo Abiodun is the validly-nominated candidate.

Ojeifo wrote from Abuja

A BEACON OF LIGHT AND COURAGE Chukwudi Enekwechi pays tribute to Alex Ekwueme, former vice-president

H

ow time flies! It was only one year ago, precisely on 19th November, 2017 that Nigeriaâ&#x20AC;&#x2122;s second republic vice -president, Dr. Alex Ifeanyichukwu Ekwueme departed us after a short illness. His death came to many Nigerians as a shock considering that even in his eighties, he maintained his avid love for the small round object - lawn tennis. He was not only famous in politics, architecture, law and other professions in which he garnered several degrees and laurels, but he also stood out as a sports personality particularly in lawn tennis.

Dr. Alex Ekwueme while on his sojourn on earth distinguished himself in different fields of endeavour. Apart from a being a reputable architect with his numerous works adorning most parts of the country, his foray into politics was a glowing era in which he proved that indeed politics can be used to serve â&#x20AC;&#x2DC;â&#x20AC;&#x2122;the common goodâ&#x20AC;?. He was a true â&#x20AC;&#x2DC;â&#x20AC;&#x2122;citizenâ&#x20AC;&#x2122;â&#x20AC;&#x2122; by ancient Greek definition. He was a conscientious politician and administrator that never got immersed in the avaricious acquisitions associated with some Nigerian politicians.

As a man of integrity, he emerged stainless from the probe of the military regime that set up an inquisition in their four years in office, after

the overthrow of then National Party of Nigeria government in 1983. Despite his superintending several sensitive government ministries, departments and agencies, he never compromised his integrity, but rather ensured transparency in the management of public finances. It can be recalled that the tribunal set up by the military junta at the time, in acquitting him of all spurious claims made against him declared that he left office poorer than when he joined politics.

As a reputable scholar Dr. Alex Ekwueme had acquired several academic laurels in various fields ranging from architecture, law, philosophy, urban and regional planning, and sociology. He also distinguished himself in the business world having ran a world class architectural firm known as Ekwueme Associates. Till today the professional imprints of late Dr. Alex Ekwueme as an architect are still noticeable all over the major cities of Nigeria and beyond. His firm was the first indigenous registered architectural firm in Nigeria and later he served as the first president of the professional body, Nigeria Institute of Architects, and Architects Registration Council of Nigeria. Till his death last year he remained a fellow of these distinguished professional bodies.

Dr, Alex Ekwueme also believed that education

can be used to liberate the untapped potential of any society, hence he invested his hard earned resources in the sector especially with the establishment of the Federal Polytechnic Oko, Anambra State. He was notable for having used his own resources to build the first structures in this citadel of learning, and continued to support the institution financially until its take-over by the Anambra State government and later the federal government.

In fact through the famed Ekwueme Trust Fund, he was able to support students from all parts of Nigeria to further their education both in Nigeria and abroad.

Perhaps Dr. Alex Ekwueme will be remembered mostly for championing the struggle for the restoration of democracy in Nigeria. He was the leader of G34, a group of eminent Nigerians that confronted the military junta of late General Sani Abacha, and insisted that power must be returned to civilians in 1999. His courage and quest for the restoration of democracy led to the formation of the Peoples Democratic Party where he also became the pioneer national chairman and later pioneer chairman of its board of trustees.

He later contested for the presidential ticket of the party in 1999 but the lot fell on Chief Olusegun Obasanjo who later won the election on the same

party platform. Ekwueme can be described as the founder of PDP and Nigeriaâ&#x20AC;&#x2122;s modern democracy.

Dr. Alex Ekwuemeâ&#x20AC;&#x2122;s legendary political accomplishments reached its pinnacle when he propounded the six zonal structure of governance in Nigeria at the 1994 Constitutional Conference.

His erudite presentation, power of conviction and delivery convinced the delegates to accept his theory of six zonal structure of governance in Nigeria, and this has endured till this day. It can be said that with his theory he led the conversation for institutional reforms and restructuring of Nigeria.

In his Oko community in Anambra State, Dr. Alex Ekwueme also offered scholarships to many indigent students who today are accomplished professionals in various fields across the world.

As a democrat he believed strongly in the power of dialogue, discussion and negotiation, hence he led several UN and Commonwealth delegations to some conflict areas of the world as well as played the role of leader of several international election- monitoring group to evolving democracies.

Notable among them were Zimbabwe, Liberia and Tanzania. For several years he served on the board of the Forum of Federations, a democracy advocacy group sponsored by the Canadian government.

Enekwechi wrote from Abuja

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T H I S D AY TUESDAY, NOVEMBER 20, 2018

EDITORIAL Legislative Rascality In States Lawmakers should take their job more seriously

I

t is a big shame that the power tussle in the Anambra State House of Assembly will degenerate into the fracas that last Thursday forced the police to seal off their premises.

Unfortunately, there is a growing pattern in which those expected to make laws for the country are increasingly becoming lawbreakers. From Ekiti State where the speaker was removed five days to the end of the tenure of the former Governor, Mr Ayodele Fayose, without the requisite number to Edo State where the deputy speaker lost his position to unproven allegations of corruption and misappropriation of funds, tales from the legislative arm of government in the past one month are not edifying.

Although the frequency of impeachment of speakers of Houses of Assembly may seem like a circus by some unserious political jesters, what it does is to present Nigeria as a country where a constitutional instrument meant to enhance good governance is being abused and desecrated.

With very little excuse and sometimes for pecuniary reasons, legislators have no qualms about impeaching their speakers. Yet behind most of the impeachments is THE ULTIMATE VICTIMS either the overbearOF THIS UNFORTUNATE ing disposition of the governors who STATE OF AFFAIRS ARE THE PEOPLE WHO seek to emasculate the legislative arm of ARE DENIED QUALITY government in their AND EFFECTIVE states or the lure of REPRESENTATION being at the helm as presiding officers by greedy members.

When the speaker of the Abia State House of Assembly, Hon. Martins Azubuike was last year impeached by members, a new speaker, Bishop Kennedy Njoku, representing Osisioma Ngwa North was immediately elected to replace him.

However, barely 24 hours later, Njoku also announced his resignation “on personal grounds”, with speculations that he might have been forced out for political reasons by those who control the

Letters to the Editor

levers of power in the state. At about the same period, speaker of the Rivers State House of Assembly, Adams Dabotorudima, also resigned from office.

His resignation made it the second time occupant of the office would vacate the office within a year.

Speakers, as we have reiterated several times, do not have absolute powers of their own. They remain “executive heads” of the legislative branch by virtue of being elected by their peers; in other words, they are first among equals. But the moment some of them are elevated to the office, they begin to hobnob with the executive branch, sometimes turning themselves into errand boys of their governors at the expense of the legislature. That has led to the undoing of some speakers. But the manner in which many have lost their jobs calls to question the seriousness with which the lawmakers perceive their assignment.

A

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

lthough there are constitutional provisions for removing speakers and other erring public officers, assembly members most often invoke flimsy excuses for seeking the ouster of the incumbent office holder. Unfortunately, more often than not, at the bottom of the impeachments saga is the trust deficit between a speaker and his colleagues who often suspect that their leader may have been collecting financial inducements from the executive and failing to bring it to the table for fair sharing.

The immediate consequence of this interminable bickering in the legislative houses is its toll on the quality of debate and legislation for good governance in our country. The ultimate victims of this unfortunate state of affairs are people of their states who are denied quality and effective representation.

It is therefore time the lawmakers in the states took their job much more seriously. In the meantime, members of the Anambra State House of Assembly must understand the disgrace they have brought upon the people who they claim to represent by the brigandage which led the police to seal the premises of the legislative arm of government in their state.

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ATIKU: THE SEVENTH WAZIRI ADAMAWA

S

unday, November 25, 2018, former Vice-President Atiku Abubakar will be turbaned as the seventh Waziri Adamawa. The event will be culturally and traditionally historic and politically fascinating.

Traditionally and culturally, Atiku is simply the second-in-command in the Adamawa Emirate Council. Politically, Atiku will be one of the most politicallyinclined Waziri.

The ancient Emirate of Adamawa is a very important product of the Sokoto Caliphate. Adamawa was known as “The wild east” of the caliphate. Its vast highlands were occupied

by Fulani settlers, stretching as far as Northern Cameroon and some parts of Chad Republic. Adamawa Emirate is the most cosmopolitan among the emirates that were products of the Sokoto Caliphate because it composes diverse ethnic and religious groups. The Adamawa Emirate, despite being a product of the Usman Danfodio Jihad, has non–fulanis and Christians holding some important traditional titles.

The title of Waziri Adamawa doesn’t attract much political analysis; but with the person of Atiku’s political standing being conferred with the title, some narratives about the title, by default, have assumed political tones. Often, one cannot separate politics from traditional titles especially when it is in the revered and historically significant emirate like Adamawa.

Many observers were surprised when Atiku was announced the new Waziri; but students of political history were not

because the previous holders of the title were of similar class with Atiku in terms of prominence and clout, though, Atiku is in the class of his own in terms of personal wealth and political behaviour.

Many politicians work hard to secure many traditional titles in order to promote their private ambitions in local and national politics. Atiku is not different; he has been immersed in Adamawa politics for a long time. In 1983, Atiku shocked the political scene of the old Gongola State, when he single-handedly donated one million naira and two vehicles to the Kontigi Movement- the Bamanga Tukur governorship campaign - which Tukur eventually won. While in 1987, during zero party elections, Atiku smartly installed his protégé -Atiku Wakili as Chairman of the old Ganye local government council. Atiku achieved these while he was in not in active politics.

In Adamawa politics, Atiku is always in the equation - he is either pulling the strings or those in power see him as the ultimate threat. The current politicians in Adamawa State can be categorised into three - they are either in Atiku’s team, or have left the team, or about to join the team.

In Adamawa politics, Atiku has witnessed moments of successes, failures and disappointments. Thus, he knows that for one to have absolute control of state’s politics, one requires strong war chest, well-established political structure and influence in the traditional class. Atiku seems to have

cleverly walked his own path to get the latter in a way never seen before. Some years back, Atiku had a good influence on the Chamba chiefdom that has one of largest voting blocs in Adamawa. Though, having strong influence on the traditional class does not necessary mean controlling the voting population but in many rural settings like Adamawa, the fact is emirs, kings and chiefs have influence on their poor subjects. Nevertheless, being the Waziri does not automatically give Atiku the control of the Adamawa polity because the politics of the state is always determined by some permutations – concessions, give and take and strong political structure, not also forgetting the thorny issues of faith, geography and tongue.

Atiku is well known for his longtime presidential ambition.

In fact, the lifetime ambition of Atiku is to be the president of Nigeria and to have absolute control of Adamawa politics.

Atiku’s pursuit of this super-ambition dates back to nearly 34 years. When a typical Nigerian politician rises to a new position of traditional power and eminence, he or she becomes more ambitious and starts to seek more political relevance.

Atiku, in his calculations may have seen his new traditional title of Waziri as a further inch towards total grip of Adamawa politics and a chance at actualising his presidential ambition starting from the home front. After all, his previous presidential election outings were marred with very weak home support.

Zayyad I. Muhammad, Jimeta, Adamawa State

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TUESDAY NOVEMBER 20, 2018 ˾ T H I S D AY

NEWSEXTRA

EFCC Resists AGF’s Takeover of Abebe’s Case in Court Akinwale Akintunde Attempt by the Attorney General of the Federation (AGF) and Minister of Justice, Abubakar Malami SAN, to take over the trial of a businessman, Dr. John Abebe, was yesterday vehemently resisted by the Economic and Financial Crimes Commission (EFCC) at the Special Offences Court in Ikeja, Lagos State.

The anti-graft agency had in July arraigned Abebe, who is a younger brother to the late former First Lady, Stella Obasanjo, before Justice Mojisola Dada on a four-count charge of forgery, fabricating evidence and

attempt to pervert the course of justice.

According to the charge sheet, the EFCC accused Abebe to have on June 22, 2010, knowingly forged a letter dated November 30, 1995, and belonging to BP Exploration Nigeria Limited to that of his company, Inducon Nigeria Limited.

The defendant had however pleaded not guilty to the charges.

The trial had commenced with the anti-graft agency, calling two witnesses at the last adjourned date. When the case came up yesterday, shortly after the prosecution and defence

counsel had announced their appearance, Malami, through a counsel from his office, Mr. Pius Akuta, rose and prayed the court for a short adjournment.

Akuta informed the court that he had the instruction of his boss (AGF) to seek a short adjournment in order to review the case file in view of the some latest developments in the case.

He added that a lot of petitions had come up which necessitated a review of the case.

Dangling a letter before the court, the counsel noted that Malami gave him instruction that the file be transmitted to him to enable him look into all pending petitions on the

matter before him.

“The Attorney General of the Federation has received a petition from the defendant.

In considering the petition, the AGF is seeking short adjournment of the matter and the duplicate of the file to enabling him look into it.

“I brought this to the attention of the prosecution and he said he has not been informed by the chairman of the EFCC. “I want the court to take judicial notice of the letter,” Akuta submitted.

At this juncture, Justice Dada said she was not aware of any letter as nothing was before the court in that respect.

“Which letter are you talking about? I don’t know the letter which you are talking about.

I cannot talk on what is not before me,” Justice Dada said.

In his response to Akuta’s prayer, lead prosecution counsel to the EFCC, Mr. Rotimi Oyedepo, vehemently resisted the take of the case.

He told the court that even if the AGF wanted to take over the case, there were some basic administrative procedures to be followed.

Oyedepo said the case is under the laws of Lagos State and as such, it is the state Attorney General and Commissioner for Justice that

is the proper person to take over the case.

He urged the court not to be persuaded by the antics of AGF as he was a meddlesome interloper.

Oyedepo contended that since the proper administrative procedures were not followed, Akute could be on a personal mission.

The EFCC counsel told the court that he had had similar experiences in the past only to find out that it was false.

He said the court should not succumb to the antics of Akuta as the AGF knows what to do administratively if he has interest in the matter.

Buhari Felicitates with Jonathan at 61

2019 Polls: Don’t Relegate Legislative Duties, UK Tells N’Assembly

Shola Oyeyipo in Abuja

The United Kingdom yesterday advised the National Assembly not to relegate legislative duties to the background as the political campaign for the 2019 general election in Nigeria gathers momentum.

The acting British High Commissioner to Nigeria, Harriet Thompson, who gave the advice in Abuja at a close-door meeting with both the Senate President, Dr. Bukola Saraki, and Senate Leader, Senator Ahmad Lawan, emphatically told the National Assembly leadership not to relegate legislative duties to the background with the outset of campaigns for the 2019 general

President Muhammadu Buhari has extended warm greetings to his predecessor, President Goodluck Jonathan, as he turns 61 on November 20, 2018.

Joining other Nigerians to congratulate Jonathan in a statement signed by his Special Adviser on Media and Publicity, Femi Adesina, President Buhari said young Nigerians have a lot to learn from the former president.

According to Buhari, the former president remains an inspiration to every young Nigerian of the possibilities

that await anyone willing to learn, work hard and participate in making the country great.

The president also congratulated Jonathan on the publication of his memoir, ‘My Transition Hours’, which will be launched as part of ceremonies marking his birthday, encouraging Nigerians to follow same example of sharing their experiences in writing.

“President Buhari prays that the Almighty God will strengthen Jonathan, grant him longer life and bless his family,” Adesina stated.

Deji Elumoye in Abuja

election in the country.

The envoy, who spoke with journalists at the end of the one-hour meeting, said: “We met with the Senate president and the Majority Leader of the Senate in order to talk about a very important legislative business that the National Assembly should undertake even before the elections and with the start of the official campaign period at the weekend.

“We are very pleased to hear from both the leader of the majority party and the Senate president that there is a great commitment to continue their important work.”

Thompson said she specifically told the NASS

leadership on the need for the assembly to speed up action towards the passage of the Petroleum Industry Governance (PIG) bill, the Police Reform bill, the Community and Non Allied Matters bill, the Gender Equality bill and the Disability bill. “There are bills in which we have key interests because we firmly believe that these bills are in the interest of the Nigerian people both in terms of their rights and in terms of their opportunities for economic development,” she further said.

Justifying her visit to the National Assembly, the High Commissioner said: “We are here at the National Assembly to draw attention to the statement released yesterday

by the international community, including the UK, on the occasion of the beginning of formal campaign season.

She said: “We drew attention to the fact that as friends of Nigerians as well as maintaining our resolutely, objective position, we do not support any particular candidate or political party.

“We are strongly in support of a process that will be free, fair and credible, and that leads to the right outcome for Nigeria.

“We look forward to seeing the electoral parties set out their campaign issues and leading to transparent play so that the people of Nigeria can choose the candidates that will be best for them.

THISDAYt TUESDAY NOVEMBER 20, 2018

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T H I S D AY ˾ TUESDAY NOVEMBER 20, 2018

POLITICS

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

TRENDING NEWS

Why Atiku’s Endorsement by Ndigbo Causes Ruckus in APC Ojo Maduekwe discloses why the All Progressives Congress may be concerned about the recent open support by prominent Igbo leaders for the Peoples Democratic Party presidential candidate, Atiku Abubakar

Abubakar

T

he endorsement of the presidential candidate for the Peoples Democratic Party (PDP), Atiku Abubakar, by prominent Igbo leaders, is making the All Progressives Congress (APC) uneasy; even though the party acts like it’s unperturbed.

Last week, a gathering of Igbo leaders made up of elders, traditional rulers, politicians and clergymen, at a one day non-partisan summit in Enugu deliberated on the forthcoming 2019 elections and what it entails for Ndigbo.

At the end, in a communiqué read by prominent constitutional lawyer, Olisa Agbakoba, the leaders charged Ndigbo to “realize the Atiku/Obi ticket”.

This public endorsement by leaders in the Southeast, the first from any ethnic group, foreclosed any likely support from the region for the presidential candidate of the ruling APC, President Muhammadu Buhari.

From the president down to the national leadership of the APC and further down to cabinet members of the party from the Southeast, this endorsement has startled them, inspiring a chain of press releases to the contrary.

In a statement by one of his spokespersons, Buhari was said to have told a small group of visiting politicians from the Southeast, led by national chairman of the United Progressive Party (UPP), Chekwas Okorie, that he was told by some “leaders from the region” to disregard the endorsement.

Critics of Buhari find it amusing that he would accept assurances from a few nameless “Igbo leaders”, along with APC sympathizers like Okorie, whose UPP party have adopted Buhari as its 2019 presidential candidate.

They argue that it would be naïve for Buhari or his party to think they can ignore the voices of reputable Igbo leaders such as the President General of Ohanaeze Ndigbo, Chief Nnia Nwodo; the Obi of Onitsha, Igwe Nnaemeka Achebe; Prof. Ben Nwabueze; former Ohanaeze President-General, Chief

Agbakoba Gary Igariwey.

What about the others who attended the Enugu summit such as, Sen. Ben Obi, Sen. Chris Anyanwu, Chief Achike Udenwa, Chief Onyema Ugochukwu, Prof. Anya O. Anya, Emeka Ugwu-Oji, Amb. Frank Ogbuewu, Amb. Lawrence Nwuruku, Sen. Enyinnaya Abaribe, Prof.

A.B.C. Nwosu, Prof. Uche Azikwe?

Or can he ignore the likes of Amb. George Obiozor, Lt. Gen. Azubuike Ihejirika (rtd), Prof. Osita Ogbu, Dr. Okwesileze Nwodo, Chief Felix Mgbada, Archbishop Maxwell Anikwenwa, Prof Walter Ofornagoro, Commodore James Anieke (rtd), Chief Abel Chukwu, Prof Amuche Azi, Prof. Uzodimma Nwala, Amb. Lawrence Agubuzo, Chief Adol-

Igbos have always yearned for a level playing field with justice, equity and fairness. We identify with the Atiku/Peter Obi ticket on the restructuring”, and “believe that as long as the federating units remain weak the center will continue to be weak. We equally move to appreciate the position of the Atiku/ Obi ticket in promoting national unity

phus Wabara and Prof Chudi Uwazurike?

It is believed that the voices are too many to ignore, and that this decisive stance taken by representatives of one of Nigeria’s major ethnic group was a no confidence vote passed on Buhari’s first term.

There’s no love lost between the Igbo and Buhari. Being no fan of his, the people have consistently condemned some of his administration’s policies towards their region. Buhari too has never tried to conceal his disdain for them.

During the 2015 presidential election, the region dumped almost all its vote in one basket for then President Goodluck Jonathan, and lost, after Buhari defeated Jonathan. Not long after, Buhari was a guest of the US Institute of Peace where he made his now infamous and highly criticized “97% vs 5%” statement.

Since then the Igbo and the Buhari administration have disagreed on virtually all of the president’s policy, with both sides refusing to blink first; and so it was only expected that this feud would continue into the 2019 general election.

Politicians like Governor Rochas Okorocha of Imo and labour minister, Chris Ngige (both Igbo and members of the APC), have called this standoff bad politics; saying that their kinsmen, by their refusal to work with Buhari, were denying their region and tribe a seat at the centre table of mainstream Nigerian politics.

Another Igbo, Osita Okechukwu, who is a member of the APC, and the Director-General of the Voice of Nigeria, sees the endorsement of Atiku by the Igbo leaders as not in the best interest of the ethnic group and Southeast.

Okechukwu’s number one reason why the Igbo should have endorsed Buhari instead was because according to him, they have a fair share on what he calls “Grade A ministers” in the Buhari administration.

His second argument, one that is highly debatable, is that the APC-led

federal government has executed more “critical infrastructures” in the Southeast region in less than four years than the PDP did in its entire 16 years.

This view was also expressed by the APC in a statement signed by the national publicity secretary, Lanre Issa-Onilu, wherein the ruling party described the news as “purported” and the endorsement as an “affront” to the Igbo which it claims were “frontline victims of the 16 years of the PDP’s misrule.”

Infrastructure aside, the majority verdict is that the Igbo have also not fared well with the Buhari-led APC government. Some even think the Igbo are worse off under the APC, especially with regards to the highhandedness by the federal government in the handling of the issue of Biafra and the security agencies mistreatment of members of the Indigenous People of Biafra (IPOB).

Overtime, the president, his party and supporters have wrongly characterized the pressing needs of the Igbo to be infrastructure and nothing more.

But, at the summit, the Igbo leaders reiterated the yearnings of their people to have always been a restructured and united Nigeria where every group is allowed to strive under the banner of justice, equity and fairness.

“This country has never been so divided as it is today. We Igbos have always yearned for a level playing field with justice, equity and fairness... We identify with the Atiku/Peter Obi ticket on the restructuring”, and “believe that as long as the federating units remain weak the center will continue to be weak. We equally move to appreciate the position of the Atiku/Obi ticket in promoting national unity,” part of the summit’s communiqué read.

Judging by this needs, critics of Buhari believe that he’s not only failed the Igbo people, but almost all the other ethnic group that make up Nigeria, and that the PDP’s Atiku/Obi ticket would be an easy sell in a country made more divided by the president’s policies.

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T H I S D AY ˾ TUESDAY NOVEMBER 20, 2018

NEWS

Budget Decrease’ll Return Nigeria to Recession, says ANRP Udora Orizu in Abuja The Abundant Nigeria Renewal Party (ANRP) has tasked the federal government to increase the 2019 budget to N15 trillion to improve the living condition of Nigerians and avoid going back to recession.

The presidential candidate of the party, Tope Fasua, said this during a protest at the Federal Ministry of Budget and National Planning in Abuja.

According to him, “It was reported in the newspapers that the Federal Government of Nigeria in its fiscal strategy paper is planning a budget of N8.9 trillion for the people of Nigeria for the year 2019. They are reducing the budget for 2019 when they should be increasing it. For a country that’s coming out of recession, we can’t afford to reduce its spending otherwise you go back into recession. The 2019 budget must be increased to N15 trillion.”

“The population of the country is increasing by 3.2 percent about 6 million people being added to this country every year, and also inflation is eating the value of the money at 11.2 percent. The minister also gave a statement that they will not be allowing things like purchase of luxury vehicles. We want say kudos

Nseobong Okon-Ekong for that but it’s not enough, they need to increase that budget and the sources of revenue are there.

We have recommended a few of that in the petition we sent much earlier.”

He further said that the 2019 budget and all budgets going forward should not be the budget of convenience and appurtenances for 18,000 top civil servants and politicians, but should be used clearly and succinctly to reboot the economy by focus on critical sectors.

“There’s a higher chance that the poor people of this country will get a little from the budget if it’s higher. We are not talking about only the size of the budget. We are also talking about the quality of the budget in terms of what are we spending for. Why are we spending so much on recurrent?

Why do we perform 30per cent on capital budget?”

He, however, said that in making the Nigerian budget time bound, there was a need to do the hard reset.

“I don’t think the guys there now will be able to do anything because they are suffering from cognitive dissonance so they may not be able to actually do the needful. We need new people to look at this economy and the country as a whole because we can do a whole lot better.”

Group Solicits Support for PWDs Udora Orizu in Abuja A non Governmental Organization, Raising New Voices Initiative, has lamented that Nigerian youths have remained marginalised in politics despite the passage of the NotTooYoungToRun bill into law, due to the high cost of nomination forms and irregularities in the conduct of party primaries.

The organisation revealed that 67 million youths, 29.7 million persons with disabilities are marginalized and 49.34% female citizens are being limited in their aspirations by inequality.

The Executive Director of the NGO, Adebanke Ilori made this known in Abuja at the unveiling of the inaugural set of the new voices candidates in the 2019 elections to the House of Representatives.

He said the high cost of nomination forms which has continued to sideline this category of aspirants who cannot afford the cost and made equal representation impossible.

“Our plan is to crowd fund the campaign of these capable leaders by requesting 200,000 Nigerians who believe that we can begin to reform our country from the parliament, from our laws and policies, who believe that our generation needs to start from securing positions and making impact in the National Assembly, who believe that irrespective of the persons elected to the Presidency, we can get Nigeria on the path towards fulfilling its destiny.”

“Some of the youths have been sidelined by the unfortunate incidence of high cost of nomination forms and irregularities in the conduct of party primaries, an action

Veteran Publisher, Arthur Nwankwo is PT’s Vice Presidential Candidate

which the initiative condemn in the strongest of terms.

Meanwhile, some young people have emerged victorious as the flag bearers of their parties in the upcoming 2019 elections and shall be representing their parties on the ballot boxes as aspirants to the House of Representatives.

He noted that the organisation represents new voices and faces of good governance, selfless leadership, accountability and transparency.

He further said, “We speak as a voice for the 67 million marginalized youths, the 29.7 million persons with disabilities, our 49.34% female citizens who are being limited in their aspirations by inequality, the over 13.5 million children out of school, the 61.6% of Nigerian youths who are unemployed and every other Nigerian who has time and time again put his or her hope in Nigeria with little or nothing to show for it.”

“We speak as a generation who must answer the call of destiny to consciously build a better nation. It is for the future of the 21,000 babies born daily in our country, the population of 400 million that we will have by 2037, 200 million of which will be under the age of 20 that we speak, assuming the duty of care we owe our nation, to give our all to building, nurturing, promoting and strengthening her.”

Ilori called on Nigerians to donate N5000 to fund the campaign of 25 young candidates, 19 males and 6 females 1 of whom is a Person Living with Disability (PWD) chosen from the six geopolitical zones, running for legislative positions in the forth coming election

Presidential Candidate of the People’s Trust, Mr. Gbenga Olawepo-Hashim has chosen veteran publisher and rights activist, Chief Arthur Nwankwo as his running mate, in a bid to secure substantial votes in South-eastern states in next year’s presidential election.

While announcing his choice of Nwankwo, the Presidential Candidate of the PT expressed the hope that his running mate would bring his grasp of political

economy to bear in the shaping of public policy in the Olawepo-Hashim presidency, following rising projections on his chances of winning the polls.

A statement signed by spokesman of the OlawepoHashim campaign, Hassan Ibrahim stressed that Nwankwo of the Fourth Dimensions Publisher’s fame, was selected among a host of other contenders for his legendary commitment to the struggle for South-East integration, aside his popular fight for the freedom of

Nigerian people.

The statement noted that the pedigree of Nwankwo are consequential enough to complement OlawepoHashim’s zeal towards “national unity, reconciliation and devolution of power.”

Nwankwo, an Economist and former Chancellor of the Eastern Mandate Union (EMU), is reputed as a foremost nationalist, and protege of the late Chief Anthony Enahoro, who moved the motion for the independence of Nigeria from colonial rule.

Equally a scourge of mili-

tary rule, Nwankwo was in the forefront of agitation for democracy in the 80s and the 90s, and was prolific with publications on democracy, good governance and anticorruption.

His choice as OlawepoHashim’s running mate has been described as a perfect fit for the cerebral and issue oriented dispositions of his principal.

A formal presentation of the running mate is in the offing as the Olawepo-Hashim’s campaign prepares to hit the road.

COUNTING COST OF LABOUR

L-R: Chairman, Nigeria Labour Congress (NLC) Ekiti State Chapter, Comrade Raymond Ade Adesanmi; Ekiti State Governor, Dr Kayode Fayemi; Former National Treasurer, Medical and Health Workers Union, Comrade Modupe Fadaususi; and NLC President, Comrade Ayuba Wabba; during a courtesy visit to the Governor in Ado-Ekiti...recently

Voting Buhari, Atiku, a Resignation to Low Standards, Says Ezekwesili The presidential candidate of the Allied Congress Party of Nigeria (ACPN), Dr. Oby Ezekwesili, has expressed dissatisfaction with the challenges confronting Nigeria, saying that the same mistakes of previous administrations were being repeated by President Muhammadu Buhari.

Speaking in Abuja, Ezekwesili said Nigeria needed a leader like her to make the country realise its potential.

She warned Nigerians not to resign to low standards by voting opposition parties, especially the Peoples Democratic Party or All Progressives Congress.

It would be recalled that President Buhari had last week also warned Nigerians against voting the PDP in the

forthcoming presidential elections, saying that any other party could produce the next president but not the PDP. Ezekwesili said, “Sometimes it is hard to believe Nigeria’s greatness in the midst of our daily struggles, and as we watch our country repeat the same mistakes over and over again. It is hard to remember the contributions our country has made for freedom and peace across the African continent.

“I cannot stand it when we choose to accept mediocrity or resign ourselves to lowly standards. Nigeria can do much better. I care about Nigeria and Nigerians enough to know that the back-to-back failed leadership has held us back for far too

long, and if we do not take a stand and take our country back, they would still be here in years to come, holding back our children and their children.

God forbid!”

She assured Nigerians that she would fulfil her electoral promises, adding that a situation where elected candidates deny their promises was bad for Nigeria’s growth.

“The APC campaigned in 2015 on a manifesto that propagated the doctrine of restructuring.

President Buhari went along with it every step of the way because it is all about getting into power for him. He won and then began to renege on his promises, including on restructuring. He suddenly remembered all the

reasons why ‘structure is not the problem’ with Nigeria.

“I want to reignite belief in Nigeria’s greatness by leading a government that would make clear promises to citizens and deliver on them, not like the current leadership which spent its first year in office denying all the promises it made to get into that office,” she added.

She accused Buhari of placing a lesser value on the lives of Nigerians, warning that Nigerians needed to vote for a candidate who would take their well-being as a priority.

The former Vice-President of World Bank explained that Nigeria’s current federal structure was not working and recommended a review.

NRM Kicks Against Role of Youth Corps Members, VCs in Elections Oghenevwede Ohwovoriole in Abuja The Presidential Candidate of the National Rescue Movement (NRM) Mr. Usman Ibrahim has criticised the use of National Youth Service Corps members as ad hoc staff and university Vice Chancellors as returning officers during elections.

He said that the lives of these young Nigerians are being put at risk and that the Vice Chancellors are being exposed to politicians for abuse.

He made this disclosure when he spoke to THISDAY in Abuja.

Ibrahim said that INEC should stop using corps members as ad

hoc staff but rather go for retired civil servants with impeccable character.

“The lives of those children should not be put at risk. INEC should go back to what we know; civil servants and volunteers. Like in other countries can be used as volunteers. If you go to Australia, Britain and others it is volunteers who sincerely want to conduct elections. Volunteers come and contribute their quota.

“Application for ad hoc staff should be done online where interested volunteers can register their details and contribute their quota if picked by INEC to work

as ad hoc staff,” he said.

According to Usman it was former INEC chairman Prof.

Atahiru Jega who brought this idea of using Vice Chancellors as returning officers but it is not good for these highly respected people.

“Initially Jega brought this idea of Vice Chancellors but I have my reservations; don’t drag our educational institutions into the hands of politicians. VCs are great people, VCs are people of integrity.

But look at what is happening; they will corner a VC and ask him to announce the result that has never been done. And then the VC

will be forced to announce result and when he gets home he finds it difficult to sleep. In 2015 there was a similar experience where they had to withdraw a result and re-present it for the VC to announce. The VCs should not be dragged into such. They are manipulating the VCs because they are in their payroll and because if they refuse to dance to their tone they will be removed.” He said.

He advocated for the use of volunteers especially retired civil servants with impeccable character and that it should not be restricted to a particular group of people only.

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FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325

Celebrating 160Years of Journalism in Nigeria Adedayo Adejobi writes that in celebration of 160 years of newspapering and journalism in Nigeria, the Nigerian League of Veteran Journalists and Governor Ibikunle Amosun of Ogun State, have set plans in motion to host the world to a grand event in Abeokuta, where it all started in 1859

Governor Amosun

W

hen Reverend Henry Townsend, the founder of journalism in Nigeria, introduced the profession by publishing the first tabloid 'Iwe Irohin Fun Awon Ara Egba' on November 23, 1859, he probably had no inkling how far his idea would stretch through the decades. However, 160 years down the line, journalism has truly evolved in Nigeria from sectional to national and even global reportage.

Hence, to commemorate the occasion of the 160th anniversary, the Nigerian League of Veteran Journalists (NLVJ), under the leadership of Eddie Aderinokun, are working in tandem with the Ogun State Government to light up the journalistic firmament of Nigeria with a historic celebration of the origins of journalism in Nigeria come 2019.

For the Ogun State Governor, Ibikunle Amosun, it promises to be nolstalgic when Abeokuta, Ogun State capital, goes agog in hosting an assemblage of media gurus to celebrate where the profession started from.

According to Segun Adenuga, member, NLVJ, "journalism is 160 years old in Nigeria, and the world prepares to be in Abeokuta to mark the birthday of newspapering and journalism in the place where it all started".

History of Journalism in Nigeria But how did journalism start in Nigeria through Henry Townsend, the Scottish missionary? He was sent from Exeter, in United Kingdom to preach and propagate the ethos of Christianity to the communities and

Rev. Henry Townsend

also spread the gospel to all corners of the country. Townsend, knowing that he would not be able to communicate effectively with the people without affording them the opportunity to be able to read and write â&#x20AC;&#x201C; hence the establishment of the first newspaper in Nigeria at Abeokuta, the present capital of Ogun State, on November 23, 1859.

It looked a coincidence when one recapitulates that five months earlier, to be precise, on June 6, 1859, another Reverend of Scottish extraction, T. B Macaulay, had opened with just six pupils what was to be Nigeria's first secondary school â&#x20AC;&#x201C; Christian Missionary Society, otherwise known as CMS

Journalism is 160 years old in Nigeria, and the world prepares to be in Abeokuta, Ogun State, to mark the birthday of newspapering and journalism in the place where it all started

Grammar School Lagos.

It was an era of â&#x20AC;&#x153;firstsâ&#x20AC;? in the annal of history of Nigeria, when in June 1863, barely four years after 1859, Lagos had its first Newspaper, known as ANGLO-AFRICAN.

Role of Journalism in Politics From all indications, 160years, either in the life of human being or an institution, is a milestone that cannot be wished away. It is on that premise that one should recollect what journalism has achieved in the political firmament of Nigeria before independence and after independence in 1960. It would be pertinent to state here that journalism had played a major role in our clamour for political and economic emancipation from our colonial masters.

The saying that the â&#x20AC;&#x153;Pen is mightier than the Swordâ&#x20AC;? was succinctly demonstrated when the doyen of Nigeria' nationalism, Herbert Hesse Macauley, aka Ejo ni gboro, relied strongly on the influence of the print media, as the case were, to propagate his nationalistic fervor, leading to his forming a formidable political party that later became an household name â&#x20AC;&#x201C; National Council of Nigeria and Cameroun (NCNC) in 1944, which gave birth to the existence of the first truly nationalistic party in Nigeria. It was also very evident that Dr. Benjamin Nnamdi Azikiwe founded the West African Pilot in 1937 to boost his political image and also had other five tabloids scattered in his political base in the East, North and West. It was a harvest time when Zik led his party to victory in Lagos, beating Action Group members into Western House of Assembly seats in

PHOTOS: GOOGLE 1951 elections. What a revigorating tonic journalism added to Zik's political sagacity.

One cannot but adduce the fact that Chief Jeremiah Obafemi Awolowo, the most articulate administrator Nigeria ever had, cut his political teeth through the establishment of his newspaper â&#x20AC;&#x201C; The Nigerian Tribune, founded in 1949. Though Awo, was not a journalist, he had Chief Samuel Ladoke Akintola, a journalist of note to rely on. It is fitting to recall that through the instrumentality of their widely circulated tabloids, West African Pilot and The Tribune, both Azikiwe and Awolowo, respectively, came into the political consciousness of Nigerians as the most revered politicians in the last 70 years.

Their investment in journalism points to the fact that no democracy can strive without the active participation of the Fourth Estate of the Realm. Apart from informing and educating the people, journalists are also opinion moulders in the life of a nation, particularly those operating under democratic rule.

Democracy depends upon literate, knowledgeable citizens, whose access to the broadest possible range of information enables them to participate in the public life of their society.

Heroes of Journalism Thus, as we celebrate 160 years of journalism in Nigeria, it behoves us to also celebrate the veterans of the profession â&#x20AC;&#x201C; those who have toiled to upgrade the standard of journalism in the last century. We have to give kudos to Ernest Ikoli, Dr Nnamdi Azikiwe, Eronsile Anthony Enahoro,

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FEATURES Chief Akintola, Lateef Kayode Jakande, Peter Enahoro, Babatunde Jose, Abiodun Aloba, Alade Odunewu, Bisi Onabanjo, Duro Onabule, Smart Ebbi, Horatio Agedah, Sam Amuka-Pemu, Dayo Duyile, Ishola Folorunsho, Henry Odukomaya, M. C. K. Ajuluchukwu, Abiodun Sogunle, Mike Pearse, Segun Osoba, Christopher Kolade, Dele Adetiba, Abba Zorro, Felix Adenaike, J. T. Thompson, Peter Osugo, Bisi Lawrence, Ben Lawrence, Eddie Aderinokun, Jibade Fashina-Thomas, Tola Adeniyi, Gbolabo Ogunsanwo, Saka Tinubu and Bonar Ekanem.

Essence of Christiane Amanpourâ&#x20AC;&#x2122;s Visit To mark the 160th anniversary, the doyen of journalism Christiane Amanpour, is billed to visit Nigeria.

The 60-year-old, born of a British mother and an Iranian father began her journalism career in 1986 with BCCâ&#x20AC;&#x2122;s Radio Four as a summer intern and later CNN and CBS, two of the most popular stations in the world, becoming the worldâ&#x20AC;&#x2122;s best-paid correspondent.

Her rise to stardom was a typical case of from rags to riches.

After, finishing her education at an exclusive Catholic boarding school in England, Amanpour had hoped to get into medical school, but did too poorly in her A-level examinations. She opted for a sales clerk job in a department store, and then as a cleaner in a pub.

Her entry into journalism was by accident. One of her three sisters enrolled in a journalism institute in London, but withdrew before the term was over. Amanpour went to get a refund for her, but was refused, she said, â&#x20AC;&#x153;Could I take my sister â&#x20AC;&#x2122;s place insteadâ&#x20AC;?, and her request was granted. Arguably, the hottest property in television news today, Christiane Amanpour, had risen to become the First Lady of global television since 1986. She has made historyby becoming the first to work simultaneously with two leading TV stations in the world, signing for CNN and CBS in an unprecedented deal that allowed her to contribute a minimum of five reports in a year to â&#x20AC;&#x153;60 Minuteâ&#x20AC;?, the American hugely popular, long running magazine show â&#x20AC;&#x201C; while still working full time for CNN, in a business where exclusivity is everything.

Unarguably the world most travelled journalist, Amanpour at 60, still loves London, the birth place of her mother, adored Tehran, the Iranian capital city, where her father hailed, and Paris her adopted city. Meanwhile, the organisers of the 160 years of journalism in Nigeria have begun frantic efforts to let the iconic TV star Amanpour have a cursory look at the activities slated for a grand show in Abeokuta, where she will be feted by the state governor, Senator Ibikunle Amosun.

Nigerian League Journalists

of Veteran

The Nigerian of Veteran Journalists League was set up some 30 years ago by a group of veteran journalists including Edward Aderinokun, Ben Lawrence, Pa Sam Amuka, Jibade Fasina-Thomas, temple Benson, Olu Akaraogun, Abba Dabbo, Lindsay Barret, Tony Amadi and a long list of veterans who worked tirelessly to ensure the longevity of the association. The celebration of 160 years of Nigerian journalism is therefore a major turning point in the history of the association.

When Aderinokun was asked the other day what informed the decision to celebrate 160 years of journalism in Abeokuta, called the Nigeria Media Sexacentennial, he replied thus, â&#x20AC;&#x2DC;â&#x20AC;&#x2DC;it is very important to note that the power to read and write was given to Nigerians through journalism. How so? Before the first newspaper, Iwe Irohim was printed in Abeokuta on November 23, 1859, by a certain English Reverend gentleman Henry Townsend, whom I refer to as the father of education and of all journalists and publishers

Aderinokun in Nigeria, there was no formal way to teach Nigerians how to read and write.

"Because the missionary work of preaching the gospel of Jesus Christ was impossible except the person to whom you are preaching can understand your preaching, faith is impossible. In this case, the people preaching were English speaking, and the only way they could establish that their work was successful was to ensure that converts can on their own find time to study the scriptures by reading. So it follows that the â&#x20AC;&#x2DC;ready-for-harvest fieldsâ&#x20AC;&#x2122; of Nigeria at that time had to be cultured for harvest. Thus, the reverend had to innovate by creating the local newspaper to stimulate reading.

"Just imagine what the man had to contend with! But today we take for granted the fact that we can read and write as good as the oyinbos themselves, if not better in some cases; remember

We must not forget todayâ&#x20AC;&#x2122;s leaders in this process. Sam AmukaPemu, the founder and publisher of Vanguard Newspapers and past founder of Punch, and as well as editor of Sunday Times is today 85, still playing an active role in the Newspapers Publishers Association of Nigeria (NPAN); and the biggest ďŹ sh of todayâ&#x20AC;&#x2122;s publishing empire, Prince Nduka Obaigbena, the publisher of THISDAY Group of Newspapers and its television wing, Arise News Television

Amanpour bro Wole Soyinkaâ&#x20AC;&#x2122;s literary feats, remember Chinua Achebe, remember Chimamanda Adichie et all. Nigeria has a rich history of newspapers and newspapermen and women without whom todayâ&#x20AC;&#x2122;s long list of great writers and editors would have evolved.

Without editors like Ernest Okoli, Dr. Nnamdi Azikiwe, who edited the West African Pilot, Chief Obafemi Awolowo who published the Nigerian Tribune (still on the newsstands today), Chief Anthony Enahoro who edited the Comet of the ZIK Group of Newspapers at 22 and was later to move a motion for Nigerian Independence at the House of representatives as a young parliamentarian, we wonâ&#x20AC;&#x2122;t be where we are today as The Fourth Estate of the Realm.â&#x20AC;&#x2122;â&#x20AC;&#x2122; Giving credence to big names of old and today in the pen-pushing trade, he continued, â&#x20AC;&#x2DC;â&#x20AC;&#x2DC;I have only mentioned a few names that sort of led from the frontline of Nigerian Journalismn in the 1940s and 1950s, but I cannot avoid mentioning a host of others like Samuel Ladoke Akintola, Bisi Onabanjo, Dapo Fatogun (Daily Express), Gab Idigo, Roy Ezeabasili, (Nigerian Outlook), Babatunde Jose, Angus Okoli, Peter Osugo, Peter Enahoro better known as Peter Pan, Gbolabo Ogunsanwo, and Theresa Ogunbiyi (Daily Times) and many others of historic note.

"We must not forget todayâ&#x20AC;&#x2122;s leaders in this process. Sam Amuka-Pemu, the founder and publisher of Vanguard Newspapers and past founder of Punch, and as well as editor of Sunday Times is today 85, still playing an active role in the Newspapers Publishers Association of Nigeria (NPAN); and the biggest fish of todayâ&#x20AC;&#x2122;s publishing empire, Prince Nduka Obaigbena, the publisher of THISDAY Group of Newspapers and its television wing, Arise News Television, which operates internationally with offices in Lagos, Abuja, London, New York, United States of America.

"So, if we roll out the drums to celebrate 160 years of journalism in Nigeria, we also are celebrating education and the blessings of education indirectly. And lest I forget, this is what the reverend Henry Townsend said about his mission: 'I have set on foot a Yoruba Newspaper. My first number is out, I am writing the second. My object is to get the people to read, i.e. to beget the habit of seeking information by reading, it is difficult'.

"So as a body, we felt we had to remind us all as a people, that journalism practically gave birth to Nigeria

as we know it today and that we must remember our roots and water it properly, so that we can navigate the future with sure footedness and clear headedness.â&#x20AC;&#x2122;â&#x20AC;&#x2122;

Ogun State's Contribution Thus, the stage is finally set where Nigerian newspapering started in Abeokuta. That said, it is no more news that under this Amosun-led government, the state has accelerated to become Nigeriaâ&#x20AC;&#x2122;s industrial hub and the fifth on the World Bankâ&#x20AC;&#x2122;s sub-national rankings of States on Ease-of-Doing-Business Index. Not only that the state's internally generated revenue (IGR) under his leadership was jacked up astronomically from N700million in 2011 to between N67billion in 2016, (this is equal to a 1000 per cent growth, making Ogun State second only to Lagos in the Fiscal Sustainability Index (2016), It was therefore heart-warming when the governor at a meeting with the president of the league, Aderinokun agreed in principle to host the event with fanfare just as he has been doing in the last three years with the now African Drum Festival, where about 25 nations were represented with a display of the worldâ&#x20AC;&#x2122;s tallest drum amidst pomp and Afro-centric pageantry.

Fortunately, the governor also attended the African Church Grammar School where the league's president was one of the founding students.

Secondly, the event would feature the inauguration and ground breaking of a Nigeria Media Hall of Fame and an Institute of Media Research and Training Center. There would also be a Gala/Awards ceremony where past and present practitioners, as well as performing public servants past and present, would be honoured.

Amazingly, amidst a media exhibition and an international colloquium the descendants and representatives of Townsend, with whom the organisers are currently in talks as regards being present in Nigeria at the event, would be lavishly hosted by the state government spearheaded by the governor. For Amosun, as he completes his eight years of stewardship, what better way to sign out than in a blaze of glory by celebrating the phenomenon (journalism) that raised the profile of Abeokuta and Ogun State into one where giants of literature like Wole Soyinka, governance guru like Obafemi Awolowo and music avatar like Fela Anikulapo Kuti sprang to fulsome.

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Lâ&#x20AC;&#x201C;R: Representative of the wife of Ogun State governor, Mrs. Yemisi Durojaye; Miss Lawrence Deborah of Good Shepherd School, Lagos; Head, Shared Services Division, Nigerian Stock Exchange (NSE], Mr. Bola Adeeko and Director/Head of Sectors, Sustainable Development Goals (SDGs) Mr. Yahaya Hamza during the award presentation to the 1st price winner of 2018 NSE Essay Competition Award at Civic Center, Victoria Island....recently

Ambassador of the United Arab Emirates to the Federal Republic of Nigeria, H.E Fahad Obiad AlTaďŹ&#x20AC;ag (left) and Managing Director, Bank of Industry (BoI),Mr Olukayode Pitan during the UAE Ambassador visit to Bank of Industry Head oďŹ&#x192;ce in Lagos.....recently

L-R: Minister of Health, Prof. Isaac Folorunsho Adewole, and MD/CEO, Guinness Nigeria Plc, Baker Magunda, during the courtesy visit of the Honourable Minister of Health to Guinness Nigeria Plc. in Lagos... recently.

L-R: Chairman, Lions Clubs District 404B1, Diabetes Awareness Committee, Leslie Olarenwaju; Ojora of Ijora, Oba Fatai Aremu Aromire; and District 404B1 Governor, Lekan Babalola, at the 2018 Lions Clubs International diabetes awareness day heid in Ijora, Lagos... recently

L-R: Director, Public AďŹ&#x20AC;airs, Lagos State Ministry of Information and Strategy, Mrs. Toro Oladapo; Director, Social Media, Mr. Deji Balogun; Permanent Secretary, Mrs. Kofoworola Awobamise; Commissioner for Information and Strategy, Mr. Kehinde Bamigbetan; Director, Information Production, Mr. Biola Fagunwa; Director, Administration and Human Resource, Mrs. Lape Kilanko and Director, Public Enlightenment and Community Relations, Mr. Toyin Adeni-Awosika, at the media unveiling of the New Face of Lagos, in the Cyber Spaceâ&#x20AC;Śâ&#x20AC;Ś.recently

L-R; Chief Operating OďŹ&#x192;cer Emeka Uweh, Deputy Head of Mission German Embassy, Regine Hess; Country Director Technoserce, Mr. Larry Umunna Director PaciďŹ c Ring Kabir Wudil, Executive Director Nigerian Export Promotion Mr. Segun Awolowo, Chief Executive OďŹ&#x192;cer to Cassanovas Thomas Hirsch. during ďŹ rst Shipment of Cassanovas Cassava Chips Exported to Europe Commissioning in Abujaâ&#x20AC;Śrecently

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WEEKLY PULL-OUT

20.11.2018

‘COURTS CANNOT CHOOSE CANDIDATES FOR ELECTIONS’

Chief Ferdinand Orbih, SAN

2/DASHBOARD

20.11.2018

Offence not Charged with: When Accused can be convicted of PAGE 4

Nigerian Businesses Partner with UN on Humanitarian Efforts in Aid of Victims of Terrorism and Insurgency PAGE 5

Augie, Solanke, Olanipekun, Dodo, Ajumogobia for Kenna Partners 25th Anniversary, Book Presentation PAGE 5

CJ Probes N8.4m Fraud in Lagos High Court PAGE 5

QUOTABLE ‘We must tell ourselves the simple truth....Nobody can accept what we are seeing today. That’s why there’s a problem in Niger Delta....We continue to say that Nigerians do not want the people of the Niger Delta, to be part of this country....Are you saying that everybody that is competent has to be from one side?....Look at what is happening in Shell. All the companies - here they produce oil, but their headquarters are not here; they are in Lagos or Abuja. We can’t continue to work this way.’

– Nyesom Wike CON, Lawyer, Governor of Rivers State, Federal Republic of Nigeria

Call to Bar Ceremony: LawPavilion Set to Unveil New App for New Wigs PAGE 6

‘In Law, Theory and Practice go together’ PAGE 6

COLUMNISTS DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances.

This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour.

The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker.

He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.

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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Of Honourable Lawbreakers and Anarchy

I

State Houses of Assembly cannot, but, comment briefly on the scourge of removals of principal officers in the States Houses of Assembly in 2018 alone – Anambra, Ekiti, Benue, Kano, and now Ondo. For the avoidance of doubt, Section 92(2)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) provides that a Speaker or Deputy Speaker can only be removed from office, by a resolution of votes of not less than two-thirds majority of the members of the House. Some of the common threads that run through the reasons for their purported removals, are financial impropriety and incompetence.

My observations are that firstly, it is such a pity that in Nigeria, at all levels, Government is mostly in the hands of unqualified inept people, who handle their tasks in a maladroit way, whether they are from the North, South, East or West.

Secondly, I’m sorry to have to say this, but it seems that, Nigerians are now at the mercy of lying fraudulent desperados. If not, how does the situation arise, in which 18 lawmakers are required to remove principal officers in the Ondo State House of Assembly, and two of those purported to have signed the removal notice, claim that their signatures were forged? Mind you, Forgery is a criminal offence, contrary to Sections 464 and 465 of the Criminal Code Act (CCA) (applicable in the Southern parts of Nigeria), and is punishable with three years imprisonment by virtue of Section 467 of the CCA. And some ‘lawmakers’ are being accused of this crime? What an irony.

This same issue of forgery previously arose, when Kogi State sought to recall Senator Dino Melaye, and many of the names of the constituents which appeared on the list of those who wanted the Senator recalled, claimed not have been the ones who signed the petition.

‘Naijanarchy’ It is actually bizarre to say the least, when you have Government, its agencies, officials, politicians in their lines of duty, people in positions of governmental authority, generally, who are meant to be the custodians and upholders of the law, breaking the law more than the citizens themselves! How do we refer to this growing phenomenon in Nigeria? Anarchy?

Not exactly, because in the Nigerian scenario, even though there seems to be the absence of governance, individuals are not absolutely free

Dr Martin Luther King Jr

to do as they please, as is required for anarchy to truly obtain. For there to be anarchy, the two must go hand in hand, that is lack of governance and absolute freedom for individuals. Maybe we should coin a new word for our situation – ‘Naijanarchy’, meaning government or its agencies, officials, or politicians, or anyone in a position of governmental authority, who breaks the law or disobeys the Constitution or fails to adhere to the rule of law, for example, agencies who refuse to release Defendants on bail, after they have been granted bail by courts of competent jurisdiction; Army opening fire on protesters or the DSS blocking the entrances of the National Assembly and preventing people from entering the premises to go about their lawful business, thereby depriving people of their right to freedom of movement.

Section 1(1) of the Constitution clearly provides that it is supreme and binding on all persons and authorities throughout Nigeria; everybody and every institution, inclusive. Sections 4 – 6 of the Constitution provide for the powers of the Legislature, Executive and the Judiciary, respectively, part of the duties of the Judiciary, being to adjudicate on matters. Therefore, if a court of competent jurisdiction has granted bail to Sheik El Zakzaky, Zeenah his wife, and Sambo Dasuki, who are their jailers not to release them on bail? It is unheard of, that such a thing can occur in a democratic dispensation.

It is the antithesis of democracy. Such blatant disobedience to court orders and disregard of the rule of law, occurred under military/ authoritarian/totalitarian regimes.

I must say that even though I do not purport to hold court for Col Dasuki, and as far as I am concerned, if he is found guilty by the court, so be it, I felt a deep sense of shame when the man stated that he would no longer attend court, if the DSS does not obey the court order to release him on bail. I wondered how this constant disobedience of court orders by Government, has been reflecting on Nigeria, amongst the international community. Whether we are being seen as a ‘mobocratic’ banana republic, by the world!

Governmental Lawlessness To buttress my point on governmental lawlessness, here is an email which I received last Tuesday – Dear Editor, I read a disturbing news report on 8th

November, 2018, and there are even pictures to back it up. Apparently, Zamfara State has a policy to reward people, who can kill bandits who have been roaming the State, destroying property, and killing people. So, the State Government gives N1 million per bandit killed and gun taken! In the news report, a driver who ran over two bandits and took their guns, was rewarded with N2m: along with others: the photo showed a Commissioner in the State rewarding four people - people who presented guns taken from bandits whom they had killed. This is State sanctioned murder!

The Zamfara State Government says that, with this policy, the days of bandits in the State, are numbered.

I am outraged, and we all should be too.

How can a State Government, reward murder in this way? No trials, arrests, convictions?

Just kill a bandit, take his gun and get N1 million? How is this lazy policy, going to solve the bandit issue in the North?

The reason l write you, is not to share my outrage, but to demand that you use your page, to put this issue in the spotlight. This is a national disgrace, and the State Government must be called to order. We have laws in Nigeria.

The NBA as a national body, must take up the matter with the Zamfara State Government and the AG of Federation, to demand a stop to this ill-conceived and disastrous policy.

Regards, Oghogho Makinde Dear Oghogho, Thank you for your email. I cannot say that I am completely shocked by your message, because in recent times, strange policies are being implemented by Government and its agencies, rather frequently. Is the Governor of Zamfara State, not the one who made the absurd statement during the last meningitis outbreak when people were dying, that the epidemic was a punishment from God for sexual immorality or something frivolous like that? Is he not the one, the Chairman of the Nigerian Governors Forum, who insensitively declared publicly (while the threat of strike action by workers still looms) that, Governors travelling by private jet is a necessity and not a luxury, while in the same breath, decrying N30,000 as the minimum wage for Nigerian workers?

With the crop of most of the leadership we have today, one must accept the fact that, there will be many hair brained ideas and policies. I do agree with you, however, that if the policy you outlined in your mail is being practiced in Zamfara, it is indeed, a disturbing one that must not be encouraged.

The last time I checked, murder and the solicitation of murder or conspiracy to commit murder, are still offences under the Criminal Code Act (applicable in the Southern parts of Nigeria) and the Penal Code Act (applicable in the Northern parts of Nigeria, like Zamfara State), and murder is a capital offence. Likewise, Section 33(1) of the Constitution guarantees all the right to life, except in circumstances mentioned in Section 33(2), which I don’t believe this outlandish reward scheme, can come under.

It is therefore, not just strange, but unthinkable that, any responsible State will consider murder as a solution to stemming the tide of banditry in its territory, and not only encourage people to commit such a heinous crime, but reward them for it. This is Naijanarchy of the highest order!

I placed a telephone call to the NBA President, Paul Usoro, SAN, to brief him about your extremely troubling e mail, and requested that the NBA look into this matter urgently.

Thank you.

Editor Is there any Justification for Breaking the Law? Some are of the school of thought that, in some circumstances, it is permissible to break the law, if it is for a good cause!

While the jury may still be out on this, since sticklers for the law will argue that, there’s

ONIKEPO BRAITHWAITE

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

“IS HE NOT THE ONE, THE CHAIRMAN OF THE NIGERIAN GOVERNORS FORUM, WHO INSENSITIVELY DECLARED PUBLICLY (WHILE THE THREAT OF STRIKE ACTION

BY WORKERS STILL LOOMS) THAT, GOVERNORS TRAVELLING BY PRIVATE JET IS A NECESSITY AND NOT A LUXURY, WHILE IN THE SAME BREATH, DECRYING N30,000 AS THE MINIMUM WAGE FOR NIGERIAN WORKERS?”

no justification for breaking the law under any circumstances, there can be no acceptable reason for the solicitation of murder of bandits, and worse still, offering a reward for the crime of murder.When Reverend Martin Luther King (MLK) and his colleagues, were arrested and placed in solitary confinement in Birmingham City Jail on Good Friday 1963, for marching to protest against segregation, contrary to Alabama’s law against mass public demonstration, which MLK saw as an unjust law, and of course, saw segregation as abhorrent and ungodly, his act of civil disobedience was criticised by his fellow clergymen as being “unwise and untimely”.

MLK wrote a long letter to them from jail, explaining the reasons for his actions, and close to the end of the letter, he said: “I have tried to make it clear, that it is wrong to use immoral means to attain moral ends”. I concur.

I believe that the Nigerian leadership, has a lot to learn from MLK’s statement. I do understand some of the frustration experienced in trying to bring Defendants to book, but, there is a legal procedure, which must be followed.

The fact that DSS or whoever, believes that Sambo Dasuki is guilty of misappropriation of funds or whatever offences he has been charged for, does not mean they can treat him as guilty, until he is found to be so, by a court of competent jurisdiction. The fact that some people in Zamfara are criminals and possess weapons, does not give the State the right to resort to self help. Section 36(5) of the Constitution is clear about the presumption of innocence until proven guilty. Likewise, the offences that he and the El Zakzakys are charged with, are bailable offences, and accordingly, the courts have granted them bail. The moral end of trying to make someone accountable for their infractions, must not be achieved by illegal or extra-legal/extra-judicial means. After all, we are in the 21st century and not the dark ages or the inquisition.

4/LAW REPORT

20.11.2018

Offence not Charged with: When Accused can be convicted of

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Eastern Nigeria.

Responding, Counsel for the Respondent submitted that, the provision of Section 179(2) of the Criminal Procedure Law of the Eastern Nigeria, is applicable only where the available evidence does not support the offence charged, but is sufficient to sustain a conviction for a lesser offence, even though the Accused person was not specifically charged with the lesser offence. He argued that, in the instant case, there was overwhelming evidence beyond reasonable doubt, as to the culpability of the Appellant in the offence of murder he was charged with; and there were no extenuating circumstances that could warrant the reduction of the charge to a lesser offence. Therefore, it would be inappropriate to invoke Section 179(2) of the Criminal Procedure Law of the Eastern Nigeria, to convict and sentence the Appellant on a lesser charge. He urged the court, not to interfere with the concurrent findings of the trial court and the Court of Appeal.

Facts

t about 6:45pm on 3rd November, 1995, the Appellant who was the driver of a commercial bus was stopped along the Port Harcourt– Aba Expressway, by members of the Road Marshall known as Special Marshall, for driving with only one headlight. A certain Mr. Azubuike (deceased), who was a member of the Road Marshall, was assigned to book him for the alleged infraction.

The deceased stood in front of the bus to inspect the headlights, and invited the Appellant to come down from the bus to answer some questions. Rather than comply with the directive of the Officer, the Appellant moved his bus at high speed, hit the deceased, and dragged him for about one hundred (100) metres, before he crushed him and drove away. This was despite the plea by the deceased, that people should plead with the Appellant to spare his life.

The deceased was taken to a private clinic where he died shortly after the incident. The Appellant was later arrested and charged before the High Court of Rivers State, for the offence of murder.

After taking and evaluating the evidence from the Prosecution witnesses and the Appellant as the Accused person, the learned trial Judge found the Appellant guilty as charged, convicted him and sentenced him to death. Thereafter, the Appellant appealed to the Court of Appeal, who dismissed the appeal and affirmed the decision of the trial Court.

The Appellant further appealed to the Supreme Court.

Issues for Determination The issues for determination by the Court are as follows: 1. Whether, having regard to the divergent evidence led by the Prosecution on the immediate facts of this case, the Court of Appeal was right in affirming the judgement of the trial court, that the charge of murder was proved against the Appellant beyond reasonable doubt, as required by law.

2. Whether, having regard to the facts established before the learned trial Judge, the Court of Appeal was correct in law, in refusing to invoke the provisions of Section 179(2) of the Criminal Procedure Law of Eastern Nigeria.

Arguments On the first issue, Counsel for the Appellant submitted that, the contradictions in the testimonies of PW1 and PW2 which the Court acknowledged, is a material one that creates doubt as to the intention of the Appellant to kill the deceased; therefore, it would be unsafe to convict the Appellant for the offence of murder. He submitted that, where there is any doubt as to the guilt of an Accused person arising from the contradictions in the evidence adduced by the Prosecution on material issues, such a doubt must be resolved in favour of the Accused person. Counsel for the Appellant thus, urged the Apex Court to hold that the charge of murder against the Appellant, was not proved.

Conversely, Counsel for the Respondent argued that, the substance of the Appellant’s perceived contradictions consist in the mere fact that, whereas PW1 testified that the Appellant did not come down from the bus at the scene of the crime, PW2 testified that the Appellant came down from the bus. He argued that, there is bound to be minor discrepancies in testimonies of witnesses, and that, for a contradiction to be regarded material, it must go to the root of the charge before the Court. Counsel submitted that, the Respondent duly discharged its duty of proving the guilt of the Appellant for the murder of the deceased beyond reasonable doubt, and the said contradictions in the evidence of its witnesses, were immaterial.

On the second issue, it was argued on behalf of the Appellant that, given the facts of the case, the Court of Appeal ought to have invoked the provision of Section 179(2) of the Criminal Procedure Law of the Eastern Nigeria, which provides for the reduction of a charge of murder to the lesser offence of manslaughter, in certain circumstances, and ought to have availed the Appellant, the benefit thereunder.

Counsel argued that, although the issue of conviction for a lesser offence was never addressed at the trial Court and the Court of Appeal; however, in view of the facts of the case, the offence ought to be considered as an alternative to the offence of murder.

Counsel submitted further that, the applicable test in this case, based on the Appellant’s conduct, is the

Hon. Ibrahim Tanko Muhammad, JSC

In the Supreme Court of Nigeria Holden at Abuja On Thursday, the 14th day of June, 2018 Before Their Lordships Ibrahim Tanko Muhammad Kumai Bayang Aka’ahs Chima Centus Nweze Amina Adamu Augie Paul Adamu Galinje Justices, Supreme Court SC.471/2013 Between Emeka Mbachu .........

Appellant

And The State ............Respondent (Lead Judgement delivered by Hon. Ibrahim Tanko Muhammad, JSC) ordinary principle of the law of negligence, so as to determine whether the Appellant was in breach of his duty of care towards the deceased. He argued further that, such breach is a far cry from the offence of murder which the trial court convicted the Appellant for, and which the Court of Appeal affirmed. He submitted that, both the trial Court and the Court of Appeal erred in law by refusing to reduce the offence charged, in accordance with the provision of Section 179(2) of the Criminal Procedure Law of the

“THE PURPORT OF THE PROVISION OF SECTION 179(2) OF THE CRIMINAL PROCEDURE LAW OF THE EASTERN NIGERIA IS THAT, WHEN A PERSON IS CHARGED WITH AN OFFENCE AND FACTS ARE PROVED WHICH REDUCE IT TO A LESSER OFFENCE, THE ACCUSED MAY BE CONVICTED OF A LESSER OFFENCE, AND THE APPROPRIATE SENTENCE FOR THE LESSER OFFENCE IMPOSED ON HIM, EVEN THOUGH HE WAS NOT CHARGED WITH IT”

Court’s Judgement and Rationale Determining the first issue, the court found that it is not every trifling inconsistency in the evidence of the Prosecution’s witnesses, that is fatal to the Prosecution’s case. It is only contradictions and/or inconsistencies which are substantial and fundamental to the main issue before the Court, such as would create reasonable doubt in the mind of the trial court, that are fatal to the Prosecution’s case. The Court held further that for a contradiction to be regarded material, it must go to the root of the charge before the Court, and must be one that touches an important element of what the Prosecution needs to prove in that case - OGBA v THE STATE (1992) 2 NWLR (Pt. 222) 164 at 198. In the instant case, the issue of the Appellant coming down from his vehicle or not after the commission of the offence, was of very little or no relevance. The fact that the deceased was knocked down by the vehicle driven by the Appellant was not in doubt as confessed by the Appellant himself, and there was also clear evidence before the trial court that shortly before the deceased was crushed to death, the Appellant had told him that he would kill him, if he did not allow his vehicle to go.

The court found that the Appellant’s intention to kill the deceased and his guilt for the offence of murder was established by the Respondent, and the Court of Appeal rightly affirmed his conviction and sentence by the trial court, for the offence of murder.

On the second issue, the Court held that the purport of the provision of Section 179(2) of the Criminal Procedure Law of the Eastern Nigeria, is that when a person is charged with an offence and facts are proved which reduce it to a lesser offence, the Accused may be convicted of a lesser offence, and the appropriate sentence for the lesser offence imposed on him even though he was not charged with it. The provision is however, tenable only where the evidence available before the trial court does not support the offence charged, but is sufficient to sustain a conviction for a lesser offence, even though the Accused was not specifically charged with the lesser offence. The court relied on the authorities of NWACHUKWU v STATE (1986) 2 NWLR (Pt. 25) 765 at 777-778; ODEH v FRN (2008) 13 NWLR (Pt. 1103) 1 at 23; OTEKI v A-G BENDEL STATE (1986) 2 NWLR (Pt. 24) 648.

The court found that there was overwhelming evidence beyond reasonable doubt as found by the trial court and affirmed by the Court of Appeal, as to the culpability of the Appellant in the offence of murder with which he was charged, tried, convicted and sentenced, and there were no extenuating circumstances to warrant the reduction of the charge or sentence to a lesser charge or sentence; hence, it will be inappropriate to rely on the provision of Section 179(2) of the Criminal Procedure Law of the Eastern Nigeria to convict and sentence the Appellant for a lesser charge - EJEKA v STATE (2003) 7 NWLR (Pt. 819) 408 at 423.

Appeal Dismissed.

Representation: Ayotunde Ayotupe with Eyurade Oguntuase and Faith Edward for the Appellant.

R.N. Godwins Esq. with E.P. Ajudua Esq. for the Respondent.

Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

20.11.2018

NEWS/5

2018 BOSAN DINNER The Silky Amazons! L-R: Titilayo Akinlawon, Funke Aboyade, Jean Aremu, the doyen herself-Chief Folake Solanke (now 86+), Mia Essien, Funke Agbor and Abimbola Akeredolu at the BOSAN dinner held on Saturday at the Lagos Continental Hotel, Victoria Island

THE FIRST SET OF FEMALE JUDGES IN NIGERIA L-R: Justices: Adunola Oguntoye (who passed on last Monday), Roseline Omotoso, Modupe Omo-Eboh, Atinuke Ige and later, the first female Chief Justice of Nigeria, Aloma Mukhtar

Lawyers React, Differ on the Proposed New Civil Procedure Rules Stories by Akinwale Akintunde Lawyers have expressed divergent opinions, on the proposed new Civil Procedure Rules, which according to Lagos State Chief Judge, Hon. Justice Opeyemi Oke, will come into effect January 2019.

While some see it as a welcome development that was long overdue, others simply see the amendment and the new rules, as rules for the Judges, because "they were not being carried along in the review process”.

The Lagos State Chief Judge, had, as part of activities marking the 2018/2019 Legal Year, convened a Stakeholders' Summit, where Lawyers and Judges were briefed on the proposed amendments to the court rules.

Justice Oke, at the Stakeholders' Summit, gave the reasons for the review of the 2012 rules, to be the need for a more effective administration of justice system, and block the loopholes that have become hindrances to the wheels of justice.

She emphasised the need to always review the court rules, to suit socio-economic demands, and for laws in the State to remain sound, active and functional.

The Chairman of the Civil Procedures Rules Review Committee, Justice Kazeem Alogba,

also at the Summit, gave an insight into the proposed review already carried out.

Justice Alogba said the essence of the Summit, was to get opinions of the Bar on the proposed working rules, and urged Lawyers to block delay in justice delivery.

He disclosed that, one of reviews expected in the proposed rules is that, any Lawyer who scuttled any trial date will pay a minimum fine of N100,000.00, and N50,000 in the case of an interlocutory application for which a date has been fixed for hearing.

The Review Committee Chairman also stated that, non-compliance with Form 01 on Pre-Action Protocol, will render the process a nullity in addition to 'serious punishment'.

Reacting to the soon to be implemented rules, the Chairman of the Nigerian Bar Association (NBA) Ikeja Branch, Mr. Dele Oloke, described the proposed rules as a tall and overambitious paper, which is unknown to the Bar. He said the issue of default fees and other penalties proposed in the new rules does not even arise, because the proposed new rules is not known to the Bar. “This is the first time that,

the Chief Judge of a State will propose a rule without contribution from the Bar. And to that extent, the proposal as it were, is alien to the Bar, who incidentally, are supposed to drive its implementation.

Judiciary is not about the Bench, and don’t forget that the Bench were once members of the Bar before they were appointed. In fact, they were recommended.

And to that extent, if the Bench is contentious of the Bar, I can assure you that, the Bar will retaliate.

“This is not a timid Bar. I do not see why a Chief Judge of the State will propose amendment to the High Court Civil Procedure Rules that will be used to move the operations of court law and justice, and there was no single member of the Bar on the review panel.

As I speak with you now on behalf of 6,500 members of the NBA Ikeja Branch, we officially requested for a copy whether soft or hard, of the proposed rules from the Chairman of the Rules Committee, and I can tell you regrettably that, up till now, a copy has not been furnished to us. We have not been able to give what I can call informed suggestions, to the proposal as done by the Bench. And so, to that extent,

I think the rules proposal for the 2018 Civil Procedure Rules in Lagos State, is a document that is known to the Bench, and not known to the Bar. “All the assumptions that the problems of the Judiciary has emanated from the Bar, with utmost respect to the Chief Judge, is regrettably misplaced and unjustifiable. It is worthless, to say the least. Nobody can stay in the comfort of his house and say Lawyers are the problem and impediment to Judiciary, in Lagos State or any State for that matter. The Judiciary, as it were, is between the Bench, the Bar and the litigating public.

“I think that proposal is a tall and overambitious paper, it’s unknown to the Bar, we don’t even know the contents. It’s only known to the Chief Judge of Lagos State, and I think she alone will operate it. We are waiting to see whether or not a copy will be sent, as we have demanded.

If for instance, a copy is not made available to us to make our informed suggestions on how to go about it, we will not implement it. And I’m speaking on behalf of 6,500 members of the NBA Ikeja, and I think ditto for Lagos Branch, who are also more than 10,000 members.”

CONTINUED ON PAGE 15

Nigerian Businesses Partner with UN on Humanitarian Efforts in Aid of Victims of Terrorism and Insurgency For the first time in the history of the United Nations, there is collaborative effort between the world body and the private sector, in providing humanitarian reliefs to victims of terrorism and insurgency.

Nigeria took the lead at a unique event in Lagos last Thursday, which saw many business leaders and captains of industry converge at the Oando’s Three Wings Complex in Victoria Island, in realisation of the initiative.

The event witnessed the launch of the Nigeria Humanitarian Fund Private Sector Initiative, with the theme ‘Invest in Humanity’.

The Un Humanitarian Coordinator in Nigeria, Edward Kallon, at the post-event press briefing, told the media that Nigeria is hit by one of the world’s worst humanitarian crisis, and that since the inception of the fund in 2017, it had been driven largely by foreign donors and over $70m had been

expended. The launch of the private sector initiative, he said, would provide a unique opportunity for Nigerian businesses to participate in providing reliefs to the North-East, where Boko Haram insurgents had rendered whole communities homeless and with 27,000 lives lost, in the past few years. Presently, over $373m is needed to provide food, shelter and medication to the 1.7 million internally displaced persons in that region.

At the event, those who made immediate commitments to raise funds include, Mr. Wale Tinubu of Oando, Mr. Jim Ovia, and Mr. Herbert Wigwe of Access Bank.

The business leaders will partner with the United Nations, to support the millions of people in the north-eastern part of the country, whose lives have been hampered by violence

and insecurity.

The Nigeria Humanitarian Fund-Private Sector Initiative (NHF PSI), is an initiative to pool donations and resources from the Nigerian private sector, with a view of providing urgent response to humanitarian crisis currently ravaging the North East.

Edward Kallon told the gathering that, “While Nigeria is hit by one of the world’s worst humanitarian crises, it is Africa’s biggest economy, and home to one of Africa’s most vibrant private sectors.

“The initiative that the UN and Nigeria’s business leaders will launch on November 15, is a new way for commercial entities and entrepreneurs, to become directly involved in the humanitarian response to the crisis. By tapping into this strong and vibrant private sector, we

can collectively provide more aid to more people.”

The only law firm picked alongside banks, oil companies and other corporate organisations which received awards, is Templars Law Firm. The firm was commended for providing free legal services worth over $100,000 to the Nigeria Humanitarian Fund-Private Sector Initiative.

On receiving the commendation plaque, Head of Corporate and Commercial Practice of the firm, Mr. Olumide Akpata said “I am extremely delighted to have been nominated to serve, alongside such eminent personalities, as a member of the UN NHF Steering Group, for a cause which I consider to be extraordinary and most timely, and I definitely intend to contribute my quota to this noble effort, and in the process, add appreciable value”.

CJ Probes N8.4m Fraud in Lagos High Court As part of her efforts to curb corruption in the Judiciary, Lagos State Chief Judge, Hon. Justice Opeyemi Oke, has constituted a Panel to investigate an N8.4 million fraud in the Fast Track Division of the High Court of Lagos State.

The Chief Registrar of the High Court, Mrs. Taiwo Olatokun revealed that Hon Justice Oke set up a Panel, following the discovery that two fake Alpha Beta receipts were issued, in respect of a filing fee in a matter filed at the High Court.

The Chief Registrar noted that, one Oriade Olawale Mustapha, a staff in the Fast Track Division, who is suspected to be involved in the fraud, absconded, after he was invited to appear before the Panel.

The Police has commenced investigation, and has invited some other members of staff to report.

The Police has also stated that, it will extend the investigation to the Chambers that filed the suit, and the Bank where the forged Alpha Beta receipts were purportedly issued.

Domesticate Rome Statute to Help Track, Recover Proceeds of Corruption Across the Borders, Group Urges NASS The leadership of the National Assembly, both the Senate and the House of Representatives, has been urged to domesticate the Rome Statute without further delay, to enable the country track and recover illicit transactions and proceeds of corruption across the borders.

The Human and Environmental Development Agenda (HEDA) made the call last week, after rising from a oneday International Conference, which was held in Lagos.

The Conference, with the theme ‘Situating Jurisdiction of ICC over Cross-Border Corruption and Illicit Asset Recovery: Evolving Global Understanding and Partnership’, was organised

by HEDA in partnership with the Nigerian Coalition on International Criminal Court (NCICC) and the Nigerian Bar Association (NBA) with the support of MacArthur Foundation, at the Radisson Hotel, GRA, Ikeja, Lagos.

The conference drew participants from international anti-corruption stakeholders, local anti-corruption activists, anti-corruption agencies, judicial officers, legal practitioners, researchers, scholars, academics, students, community leaders, faithbased organisations and journalists.

The conference received solidarity cum goodwill messages and presentations from

Nigeria’s Attorney-General of the Federation, Economic and Financial Crimes Commission (EFCC), the Presidential Advisory Committee Against Corruption (PACAC), Integrity Initiatives International, representatives of the ECOWAS Court of Justice, Independent Corrupt Practices and other Related Offences Commission (ICPC), and other civil society platforms.

The conference was enriched with an avalanche of highly resourceful personalities, including four Senior Advocates of Nigeria; namely, Mr. Femi Falana, SAN, Dr. Muiz Banire, SAN and Mr. Edmund Chinonye Obiagwu, SAN, Prof.

Itse Sagay, SAN, the Chairman of the Presidential Advisory Committee Against Corruption (PACAC - who was ably represented, Prof. (Mrs) Ayo Atsenuwa of the Faculty of Law, University of Lagos, Dr. Oni of the Federal Ministry of Justice, Mr. Ibrahim Magu; the Acting Chairman of the Economic and Financial Crimes Commission (EFCC) (ably represented) and Mr. Paul Hoffman, Director, Accountability Now and Integrity Initiatives International. The immediate past 2nd Vice President of the NBA, Monday Ubani, Esq.; Dele Oloke, Esq., Chairman, NBA Ikeja Branch; Malachy Ugwumadu, Esq., President, Committee for the Defence of Human Rights (CDHR);

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20.11.2018

Augie, Solanke, Olanipekun, Dodo, Ajumogobia for Kenna Partners 25th Anniversary, Book Presentation Stories by Akinwale Akintunde Hon. Justice Amina Adamu Augie of the Supreme Court of Nigeria, will on Friday, November 23, 2018 deliver the Lecture at the colloquium organised by Kenna Partners, to celebrate its 25th Anniversary.

Kenna Partners is a law firm headquartered in Lagos, Nigeria’s commercial nerve centre, with offices in other strategic regions across the Country.

Speaking at the press briefing to herald the activities lined up to commemorate the silver jubilee celebration, Professor Fabian Ajogwu, SAN, the Principal Partner of the firm said the colloquium with the theme: “Footprints in Law & Society: Towards a Paradigm Shift” holding at Oriental Hotel, Victoria Island, Lagos, will be chaired by the first female Senior Advocate of Nigeria, Chief ‘Folake Solanke, SAN. Ajogwu, who was represented at the press briefing by Mr. Charles Nwabulu, an Associate Partner at the firm, noted that the occasion will also feature the unveiling of a book titled, ‘Brief Insights: a Selection of Milestone Cases’, which chronicles some notable decisions of the Nigerian Courts.

According to him, a carefully selected panel comprising former NBA President, Chief Wole Olanipekun, SAN, Mr. Damian Dodo, SAN and Mr. Odein Ajumogobia, SAN will be discussing the theme.

“Kenna Partners, a multi-service law firm headquartered in Lagos, Nigeria’s commercial

nerve centre, with offices in other strategic regions across the country, is celebrating its 25th anniversary.

“In commemoration of this silver jubilee, a number of events have been lined up including a colloquium organised by the firm, with the theme; “Footprints in Law & Society: Towards a Paradigm Shift” scheduled to hold on Friday, November 23, 2018 at Oriental Hotel, Victoria Island, Lagos.

“Distinguished members of the Bench, legal luminaries, and consummate professionals across different fields, have been empaneled to discuss the evolution of law and legal practice, and its impact on the society at the colloquium. This is a significant event for the firm to mark its growth and achievements over the years, and to celebrate its people and culture of excellence in the practice of law. We believe that, it will be an engaging and intellectually stimulating event.

“At the occasion, the firm will also be unveiling a book titled ‘Brief Insights: a Selection of Milestone Cases’, which chronicles some notable decisions of the Nigerian Courts. The book is a careful selection of cases, which celebrate matters brought by litigants before the Courts, the persuasive arguments of Lawyers and the decisions which have enriched legal practice and modern legal history in recent times. The milestone cases selected and discussed, touch on the practice and procedure of the courts, company law, real estate, fundamental human rights, election petition, oil and gas, maritime

L-R: Mr. Kelvin Erhonsele, Senior Associate, Ms. Emma-Louise Verhees, Deputy Practice Development Manager, Mr. Moruf Sowunmi, Senior Associate, Professor Fabian Ajogwu, Principal Partner, Mr. Charles Nwabulu, Associate Partner, Ms. Tosin Kachikwu, Senior Associate, Mr. Aniekan Equere, Practice Development Manager at the press briefing

amongst others. The book is another contribution to legal knowledge and practice in Nigeria, by the law firm of Kenna Partners.

“Law continues to be an instrument of social engineering, and as the law evolves, there is a need for Lawyers, Judges and the entire legal system, to adopt changes in the approach to addressing challenges in the society. As the theme reads, the Lecture to be delivered by the Honourable Justice Amina Adamu Augie, Justice of the Supreme Court, under the distinguished chairmanship of the first female Senior Advocate of Nigeria, Chief ‘Folake Solanke, SAN, will discuss how best to

handle a transition of the legal profession from one which still bears strong vestiges of stages of its development through history, whilst preserving our cherished traditions at the Bar, as the profession must evolve to meet the emerging realities of a dynamic and interconnected modern world. A carefully selected panel comprising former NBA President, Chief Wole Olanipekun, SAN, Mr. Damian Dodo, SAN and Mr. Odein Ajumogobia, SAN, will be discussing the theme.

“The Firm has been the recipient of many awards, the most recent being the Law Digest Awards for Law Firm of the Year 2018”, he stated.

Call to Bar Ceremony: LawPavilion Set to Unveil New App for New Wigs LawPavilion Business Solutions Limited, is raising the bar again with another innovative mobile solution, this time, targeted at new wigs.

At a recent media chat, the Managing Director of the company, Ope Olugasa, announced its plan to unveil a new App that works on mobile phones, to ease the work of young Lawyers, particularly new wigs. An extract of the interview is below.

You recently launched your Artificial Intelligence Legal Software, which is the first of its kind in Nigeria, and we hear it is making waves in the legal industry.

Can you tell us a little about Artificial

Intelligence and its relevance to Legal Practice?

In simple words, Artificial Intelligence, otherwise known as A.I, is simply about making computers or machines to work and react like humans, with the aim of solving problems or performing otherwise difficult tasks. LawPavilion, leveraging its large database of legal resources, recently introduced TIMI, Nigeria's First Artificial Intelligence Legal Assistant. Artificial Intelligence, as its also being experienced in other industries, is going to help Lawyers handle more cases faster, with better accuracy and less stress.

It’s sure going to be a game changer and a competitive advantage for many.

Your posts on social media caught our attention, can you tell us about how TIMI will help new wigs?

Basically, the major tasks that new wigs perform in law firms, are legal research, giving legal opinions, litigation, and legal drafting. With TIMI, a new wig will have the LawPavilion Electronic Law Reports, LPELR (online version) to help with the legal research; TIMI Chatbot on Civil Procedures, to assist them in litigation; and TIMI’s Precedent Forms and Agreements Templates, to sufficiently handle

legal drafting. Believe me, there hasn’t been anything like this! Imagine having at your finger tips, an app that will guide you, so that you don’t err on Civil Procedure Rules; provide you with vast array of cases to help your legal research, and even arm you with precedent forms and agreements!

Imagine you drafting an originating process, a motion or any other court process, and you get stuck or confused, with TIMI, you can easily chat up TIMI chat-bot; she can give you a step-by-step guide on how to go about

CONTINUED ON PAGE 14

Legal Personality of the Week Abdullateef Olasubomi Abdul

‘In Law, Theory and Practice go together’ My name is Abdullateef Olasubomi Abdul. I am an Associate in Ikeyi & Arifayan. I am also an Associate Fellow of the Society of Advanced Legal Studies (SALS), London; the Chair of the Regional Developments Subcommittee of the International Bar Association (IBA); and a member of the International Association of Young Lawyers (AIJA), the African Bar Association, the Young International Council for Commercial Arbitration, and the Young International Arbitration Group (YIAG) of the London Court of International Arbitration (LCIA). I am affiliated to various other professional and leadership organisations.

As a legal practitioner, I provide legal services to indigenous and multinational clients on a broad range of legal advisory, tax advisory, regulatory, transaction support and dispute resolution matters. I’m also privileged to be an award- winning and well-written writer, having authored several writings and won various writing contests, both locally and internationally.

Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges?

Yes, I’ve had lots of challenges, from coping with the transition from school to work life in my initial year, to heavy workload, work pressure, and minimal personal time. Challenges are an inevitable part of life. But I have an unshaken belief that, no challenge exists which is insurmountable, and that I can achieve all the definite goals to which I faithfully and diligently apply myself.

What was your worst day as a Lawyer?

No day particularly comes across to me, as a worst day. I try apply my might and to do my best, in all my activities. The bad days would be when I fall short of my expectations, or when

Legal Awards. It was also a unique honour to have attended the International Bar Association’s 2018 Annual Conference in Rome, Italy as one of five Nigerian scholars of the International Bar Association’s Developing Bar Programme.

Recently, my firm successfully challenged a suit at the State High Court. I represented my firm as counsel, throughout the matter. Our ground of challenge, involved some fundamental but less-appreciated points of procedural law. The exciting part was, when the court in its judgement agreed entirely with our arguments, adopting a huge portion of our written address in its judgement.

Abdullateef Olasubomi Abdul

I fail to apply the full force of my intellect or mental energy, in my activities.

What was your most memorable experience as a Lawyer?

I’ve had a couple of memorable experiences. I was extremely excited, wining my first international writing contest some years back. Recently, I was appointed as Chair of the Regional Developments Subcommittee of the International Bar Association, even as a relatively young Lawyer in Nigeria.

I was also delighted to have been invited as a panelist at the 2018 African Bar Association Annual Conference, which held in Nairobi, Kenya. I was also happy to have emerged as a finalist for each of the Rising Star of the Year 2018 Award at the 2018 Law Digest Africa Awards; the Attorney of the Year Award at the 2018 African Legal Awards; and the 40 under 40 Awards at the 2018 Esquire

Who has been most influential in your life?

As a Muslim, I acknowledge God as the author of my entire life, including my accomplishments.

I also appreciate my parents and family, for their continued support and love. Further, I am full of appreciation to all my teachers and lecturers, including Mrs. Azeezat Pedro and Mr. Teslim.

I’ve also been inspired by philosophical writings, especially those of Socrates, Ralph W. Emerson and Henry David Thoreau. Some of my mentors, friends and colleagues who have been very influential in my life one way or another, include Prof Abiola Sanni, Nduka Ikeyi, Abdullahi Muhammed Tosin, Tobi Fagbayimu, Kenneth Okwor, Ahmed Lasisi, Francis Oniekoro, and Tunji Opayele. I also appreciate Prof Remi Anifowose and Mr. Abiodun Shoyombo for their kind support and encouragements; and Ibrahim Babatunde and Gabriel Aderinola for their influence, through genuine friendships.

Why did you become a Lawyer?

I have always had an inclination towards being a Lawyer, since my early secondary school days.

At the time, I did not have any particularly cogent reason for the desire. But years into my university sojourn, I began to appreciate the vitality of the law in human affairs, and the role of law as a tool for social order and engineering. This fuelled my desire to become a Lawyer.

What would be your advice to anyone wanting a career in law?

Firstly, be convinced of your career choice, and be confident of your God-given ability to succeed and excel in your chosen field. Learn so much of the law as you’re able to, in your school days. Do not listen to those who tell you that, what you learn in school is simply theory, which has no place in the ‘practical’ or ‘real’ world. Nothing is farther from truth! In learning the law, go to the roots: study the statute books and case law.

Also, aspire for excellent grades: they still matter and do make a difference! Also, endeavour to participate in mooting, debating, writing, and client counselling programs, all of which will equip you with the knowledge and skills relevant to succeed as a legal practitioner.

If you had not become a Lawyer, what other career would you have chosen?

I have another love, besides law and writing. It is football. It is my first love, even before writing and before law. I still play it, almost every weekend.

If I had my way, I’d play it every day. So, if I wasn’t a Lawyer and Writer, and the opportunity presented itself, I’d gladly be a footballer.

Where do you see yourself in ten years?

With God’s continuous gift of life, I see myself continuing what I’m doing presently: living every moment of my life deliberately and to its fullest, and pursuing excellence in all my endeavours.

20.11.2018

/7

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D

SMS only to 08098898888

The Constitutionality or Otherwise of President Buhari’s Travel Ban on Nigerians (Part 3)

L

page 357 that: “To hold or possess a passport, is ancillary to the right of egress from Nigeria given in Section 38 (1). It is, as rightly held by the court below, per Ayoola, JCA (as he then was), concomitant to the right of egress from Nigeria becomes hollow or empty”.

Curtain Call ast week, we exhaustively explored the purport, import, plenitude and amplitude of Executive Order 6 (EO 6). We also discussed, at length, PMB’s travel ban on Nigerians, which we contend, is illegal, unlawful, wrongful, unconstitutional, high-handed and deprivative of citizens’, cherished fundamental and inalienable rights. We now examine the implications of a travel ban on citizens, which literally is tantamount to denial of their traveling limbs (passport), a necessary corollary to freedom of movement.

Summation From the analysis of the entire judgement in Agbakoba’s case, it can safely be concluded that, the case would be a good authority for the following propositions: (a) The right to travel outside Nigeria is constitutionally guaranteed and protected. (b) The right to hold a Passport is not absolute, as it is subject to the provisions of the Passport (Miscellaneous Provisions) Act which empowers, in its Section 5, the Minister of Internal Affairs to, at any time, cancel or withdraw any passport issued to any person if: (i) The passport is obtained by fraud; (ii) The passport has expired; (iii) A person unlawfully holds more than one passport at the same time; (iv) It is in the public interest so to do. (c)Ownership of a passport is a necessary corollary of the right to freedom of movement, for it facilitates exit from and entry into the country.

Government’s Travel Ban is highly Unconstitutional Quite apart from the fact that, EO6 never made provisions banning any Nigerian from travelling (it would have been unconstitutional to do so), the ban on about 50 Nigerians (names not disclosed to date), from travelling, is a grave constitutional aberration. After the right to life (Section 33), right to dignity of the human person (Section 34), right to personal liberty (Section 35), right to fair hearing (Section 36), the right to freedom of movement (Section 41), is so crucial that, without it, a citizen is virtually grounded, chained and manacled, both physically and mentally.

President Muhammadu Buhari

Some Judicial Precedents The Federal Government’s travel ban, is therefore, akin to seizing a citizen’s passport, an act which the Supreme Court deprecated in very stringent terms in Director, SSS v Olisa Agbakoba (1999) 3 NWLR (Pt. 595) 340. In that case, Agbakoba had been invited to a conference in Netherlands, which was to hold between 22nd and 25th April, 1992. On getting to the airport in Lagos, the SSS (they prefer the new sobriquet, DSS) stopped him and impounded his passport, without giving any reasons whatsoever. It was during military tyranny (the reason Agbakoba, my humble self and four other Human Rights Activists founded the first human rights league in Nigeria, the Civil Liberties Organisation (CLO)). He sued the SSS before Lagos High Court, for violation of his fundamental rights to personal liberty, freedom of thought, freedom of expression and freedom of movement, respectively, as guaranteed under Sections 32, 35, 36 and 38 of the 1979 Constitution (now Sections 35, 38, 39 and 41 of the 1999 Constitution. He prayed Justice Akinboboye, to order the SSS to release the said passport. She refused, holding that Olisa did not satisfy the court that the passport was his personal property. She said that, the passport referred to the holder as “the bearer” and not as “the owner”.

Agbakoba, aggrieved by this decision, headed for the Court of Appeal which granted two reliefs refused by lower court. The intermediate court had to decide whether possession of a passport is a right, or a mere privilege, which could be arbitrarily and whimsically withdrawn by the government.

Justice Ayoola, JCA (as he then was), with his well-known lucidity, held thus: “In so far as a passport is a certificate of identity and nationality, and at the same time, a request from one State to another, to grant entry to the bearer, it stands to reason that, a passport is normally an essential document in the exercise of the discretion by a foreign State, which at International law it has, in the reception of aliens into its territory. To that extent, a passport is normally an essential document for entry into foreign countries... I also hold that the possession of a passport in modern times, makes exit out of Nigeria possible... the issue that follows from this conclusion is, whether the possession of a passport or its withdrawal has any relevance to the constitutionality guaranteed freedom of movement, including the right to exit from Nigeria, with which this case is directly concerned...it can thus, be seen that, while the seizure of a passport by a government agency such as the 1st Respondent can be interpreted as a direct expression of refusal of exit to the citizen, it is also a potent curb on the desire of the citizen to travel abroad, and an evident clog on the exercise of his right of freedom of movement...

“The freedom of exit guaranteed by our Constitution,

cannot be exercised without a passport, and that freedom enshrined in Section 38 (1) of the Constitution, carries with it a concomitant right of every citizen of Nigeria to a passport.”

The Supreme Court’s Verdict Although the judgement of the Court of Appeal, that the seizure of Agbakoba’s Passport amounted to a violation of his right to travel abroad as guaranteed by Section 38 (1) of the 1979 Constitution (now section 41 (1) of the 1999 Constitution), was upheld by the Supreme Court, the lead judgement of the Apex Court delivered by Uwais, C.J.N (as he then was), walked through a different route to arrive at the same answer. At page 352 of the report Uwais, C.J.N said: “In the light of the foregoing, I am satisfied that the official of the SSS concerned in this case, had no power to impound or withdraw the Respondent’s passport in the manner he did.

The impounding was, therefore, unconstitutional and illegal, since it offended the provisions of Section 38 subsection (1) of the Constitution and Section 5 subsection (1) of the Passport (Miscellaneous Provisions) Act. The right to have freedom of movement and the freedom to travel outside Nigeria, is guaranteed by the Constitution, but the right to hold a passport is subject to the provisions of the Act. In determining the issues in the present case, it is not, with respect, necessary to indulge in the academic exercise of whether the right to travel abroad, is concomitant with the right to hold a passport. The real issue in contention here, is not whether the Respondent had a right to hold a passport. He, in fact, had a passport already, but which was impounded by an official of the SSS. It is whether such an act by the official, was legal and constitutional.”

Michael Ogundare, JSC, elucidated finally, at

“THE RIGHT TO HAVE FREEDOM OF MOVEMENT AND THE FREEDOM TO TRAVEL OUTSIDE NIGERIA, IS GUARANTEED BY THE CONSTITUTION....”

A Comparative Analysis from other Jurisdictions African Charter Article 12 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, is in sync with the constitutional provisions dealing with freedom of movement in Nigeria. It provides that: “1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.

2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.”

The Legal Position in the United States The right to travel or freedom of movement, has always been an issue in the US. As far back as 1770, Thomas Jefferson had argued, in Howell v Netherland (Va.) 90 (1770) (The Writings of Thomas Jefferson 474 (1892), that freedom of movement is a personal liberty by birth. He clarified: “Under the law of nature, all men are born free, everyone comes into the world with a right to his own person, which includes the liberty of moving and using it at his own will.

This is what is called a personal liberty.”

The right to travel which is embedded in Article IV of the Articles of Confederation in 1777, brought about its enactment in the Privileges and Immunities Clause of Article IV of the U.S. Constitution in 1789.

As a matter of fact, the Confederation travel right was enacted, because it was better to secure mutual friendship and intercourse among the people of the different States in the new Union. The founding fathers desired that, the free inhabitants of the State shall be entitled to all privileges and immunities of free citizens in the several States; and that the people of each State shall have free ingress and egress to and from any other State, and shall also enjoy therein, all concomitant privileges of trade and commerce.

In Corfield v Coryell 6 Fed. Cas. 546, (E.D, Pa.1823), the US Supreme Court acknowledged the travel right in explaining the relationship between the “free ingress and egress” clause in Article IV of the Articles and the Privileges and Immunities Clause in the Constitution. The Apex Court affirmed that, the privileges and immunities of citizenship also encompass “the right of a citizen of one State to pass through, or to reside in any other State, for purposes of trade, agriculture, professional pursuit, or otherwise.” (To be concluded next week).

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20.11.2018

Chief Ferdinand Orbih, SAN

‘Courts Cannot Choose Candidates for Elections’ Since the Nigerian Bar Association’s Section on Legal Practice bounced back after a two-year hiatus, it has not looked back in fulfilling its mandate to provide continuous legal education to its members.

Again, the Section brings Nigerian Lawyers, Judges, Officials of the Independent National Electoral Commission, and other Stakeholders to Port Harcourt, the Rivers State capital on December 3, 2018, for a one-day Conference themed “The Role of Litigation in the 2019 Nigeria Electoral Process”. Onikepo Braithwaite and Jude Igbanoi had a chat with the Chairman of the Conference Planning Committee, Chief Ferdinand Orbih, SAN, on what the Conference seeks to achieve, and what Lawyers should look forward to in Port Harcourt

“T

he Role of Litigation in the 2019 Nigeria Electoral Process”, is the theme of the upcoming NBA Section on Legal Practice’s Committee on Democratic Process and Electoral Litigation’s one day Conference holding in Port Harcourt on December 3, 2018. As the Chairman of the Conference Planning Committee, what would you say is the purpose of this conference? What does the SLP intend to achieve with this conference?”

The Section On Legal Practice was set up by the Nigerian Bar Association, to among other things, assist its members to develop and improve their legal services to the public and promote and provide Continuing Legal Education. These aims and objectives of the Section, cannot be successfully achieved if it does not

“THE BIG QUESTION HERE IS: CAN WE USE ADR MECHANISMS, SUCH AS MEDIATION, CONCILIATION AND ARBITRATION, TO RESOLVE ELECTORAL DISPUTES? LOOKING AT THE TYPICAL NIGERIAN POLITICAL COMBATANTS, THE ANSWER TO THIS QUESTION APPEARS TO BE A RESOUNDING “NO”. THE ANSWER TO THE QUESTION APPEARS TO BE IN THE NEGATIVE, BECAUSE IN NIGERIA, ALMOST EVERY POLITICAL BATTLE APPEARS TO BE “A FIGHT TO FINISH””

convene from time to time hold conferences such as the forth coming one, in order to sensitise the members of the legal community and indeed, Nigerians, about the laws, practices and procedures affecting every aspect of legal practice. There is no gain saying that, election petition litigation has assumed a very important role, in determining the eventual outcome of most political contests in our country. That being the case, it has become imperative to create a forum where Lawyers, Judges, politicians, the citizens, and the political umpire (INEC), can come together for cross- pollination and cross-fertilisation of ideas, with a view to deepening the political space. These, amongst other things, are what inspired the Section on Legal Practice (SLP) of the NBA and its Committee on Democratic Process and Electoral Litigation to come up with the idea of this conference, which shall take place on the 3rd of December, 2018 in Port Harcourt.

The conference is thus, aimed at a thorough examination

20.11.2018 “ACCORDING TO THE PRESIDENT OF THE COURT OF APPEAL, A TOTAL OF 730 ELECTION PETITIONS WERE FILED AFTER THE 2015 GENERAL ELECTIONS. OF THESE, 39 WERE GOVERNORSHIP, 79 SENATORIAL, 179 HOUSE OF REPRESENTATIVE AND 380 STATE HOUSES OF ASSEMBLY ELECTION PETITIONS. IN ADDITION, 32 ELECTION PETITIONS ARISING OUT OF THE ELECTIONS CONDUCTED IN EDO AND ANAMBRA STATES, IN 2016.

HER LORDSHIP SAID THAT, A TOTAL OF 110 TRIBUNALS WERE SET UP WITH 255 JUDGES TO HEAR THE PETITIONS. THESE FIGURES ARE INDEED VERY WORRISOME” of every aspect of Nigerian election petition jurisprudence, in order to improve the system where necessary, and also prepare all stakeholders in the electoral process, to play their role in a most effective manner. We intend to use law as a tool for social engineering, as far as the electoral process is concerned.

With what Nigerians witnessed during, for example the APC Party Primaries, it is obvious that there will be challenges come 2019 elections.

Is the Conference a way of training Lawyers, and sensitising INEC and the Judiciary of the tasks ahead and the roles they will play? Is one day sufficient for such a crucial program?

Let me start by saying that, it will be unfair to isolate the APC, and pin the label of turbulent primaries on it.

The problem of turbulent primaries was not peculiar to the All Progressives Congress (APC). The Peoples Democratic Party (PDP), the Social Democratic Party (SDP), the All Progressives Grand Alliance (APGA), the Accord Party (AC) and indeed, all the major political parties, had their fair share of the problems associated with electoral contests in Nigeria. Indeed, there are challenges already, and many more challenges as we march slowly but surely towards the 2019 general elections. These disputes and challenges, are the reasons for organising this Conference. We know from experience that most of the disputes associated with these primaries and the forth coming general elections will end up in the various courts and/or tribunals, set up under the Constitution to address such disputes.

At the Conference, Nigerians will have the opportunity to hear directly from INEC; the extent of its preparedness for the forth coming elections, the challenges it faces, and how the courts can enhance the performance of its role in the electoral process. For the political actors, and INEC officials, there is a need to sensitise them, as to what is expected of them under the law, in order to minimise the number of disputes that may arise from their activities. The Lawyers know that, election petitions are highly technical in nature.

There is therefore, a need to refresh their knowledge and sharpen their skills is this aspect of legal practice, so that at the end of the day, the country will be the beneficiary.

As for the Judiciary, it will be an opportunity to hear from the beneficiaries of its services- INEC, Lawyers, Politicians and indeed, the public. The Judiciary will thus, have the opportunity to consider whether there is need to revisit otherwise settled principles of law, in order attain the ideals of justice in the electoral disputes that may arise for determination before them.

As to whether one day is sufficient for the Conference, all I can say is that, given the importance of the theme of the Conference, one day may appear inadequate to do justice to it, but sometimes it is not how far, but how well. In other words, the success of the Conference, will be determined not by the length of time slated for it, but by how well such time is managed and the intellectual depth or content of the deliberations.

Can you give us an insight into the personalities that will present and discuss papers at the Conference?

We are not prepared to let the whole cat out of the bag, at this point in time. In different words, we can only partially satisfy your curiosity, to the extent that we will tell you some of topics for discussion and name a few of the experts that will give us the benefit of their experience at the Conference. Our host, his Excellency Governor Nyesom Ezenwo Wike, the Governor of Rivers State, will deliver the keynote address and declare the Conference open. There will be a show case session wherein the topic “INEC, Judicial Interventions and the Cumulonimbus of Nigeria’s Elections; Bringing 2019 Elections

COVER/9 Under the Radar”, will be x-rayed by experts and stakeholders. We expect INEC to lead this discussion, its level of preparedness, the challenges (if any), the impact of judicial interventions on its activities as far as the forth-coming 2019 general elections, will be discussed by a panel comprising of Governors from different political parties, other members of the Executive, as well as the Legislative arms of government and the Bar. Time will be created for the audience to robustly interact with the panel on the issues, which may arise in the course of the discussions.

After the showcase session, the Conference shall focus its attention on the vexed issue of Burden of Proof in Election Petitions, and whether or not, the time has not come for the Judiciary to embrace reforms in this aspect of our electoral jurisprudence. We shall have yet another session, wherein the topic “Key Issues And Challenges in Conducting Election Petitions In Nigeria” will be presented, and examined in great detail.

Our Panellists and Discussants include, some of the brightest and the best in the field of election petition practice in Nigeria. If you describe them as the crème de la crème of election petition practice in Nigeria, you will not be far from the truth. This team of experts is an admixture of old warhorses or veterans, and a few relatively younger ones. Let us open the window a bit, so that you can peep and see what we are talking about. Mallam Yusuf Ali, SAN E. C. Ukala, SAN, Dr. Onyeshi Ikpeazu, SAN, D. C. DenWigwe, SAN, Chief Charles Edosomwan, SAN, Mrs Victoria Awomolo, SAN, Mr. Kehinde Ogunwimiju, SAN, and Oluwole Osaze Uzzi Esq to mention but a few, are some of the gurus that will be there to either present or discuss papers. Some of our Judges with a great wealth of experience in deciding electoral disputes, will also be there to give us their perspective on the issues. Time will be well managed, so that the audience will have a good opportunity to participate in the discussions.

Does holding this Conference presuppose that litigation is the only mechanism for resolving electoral disputes?

Your question is a very interesting one, because the world is fast moving away from the use of litigation as a dispute resolution mechanism. Mediation, conciliation and arbitration (collectively referred to as Alternative Dispute Resolution), are now the preferred means of settling disputes. The reason for the evolution from litigation to ADR, is that the world has realised that resolving a dispute by litigation does not bring about peace between the disputants. A court or tribunal can resolve a dispute, but the state of war between the contending parties often remains. Whereas, where resort is made to ADR, the disputants may remain friends. In some instances, a business dispute may be resolved through arbitration, and the parties go back to continue their business relationship. The big question here is: can we use ADR mechanisms, such as mediation, conciliation and arbitration, to resolve electoral disputes?

Looking at the typical Nigerian political combatants, the answer to this question appears to be a resounding “no”. The answer to the question appears to be in the negative, because in Nigeria, almost every political battle appears to be “a fight to finish”.

In intra-party disputes, even the internal dispute resolution mechanism embedded in the political parties’ constitutions, is either ignored by the political gladiators, or is rendered ineffective. This, more than anything else, is responsible for the gale of defections by politicians from one political party to another, during the conduct of their party primaries. The reason why the ADR is hardly used to settle electoral disputes, is the nature of the dispute itself. In every electoral dispute, the winner takes all. There is no method to split the spoils of victory.

The nature of electoral contest not withstanding, some countries such as the United States of America (in some States), have statutory provisions that make it mandatory for disputants in electoral contests to first and foremost have resort to ADR, before approaching a court or tribunal for a resolution of their dispute. The same is also possible, in Nigeria. More importantly, political parties must strengthen their internal dispute resolution mechanisms, in such a manner that, their members will have confidence in submitting their grievances to it. That is what it is supposed to be, and hence, the legal principle that courts do not ordinarily have jurisdiction to entertain a pure intra party political dispute. Courts shy away from such disputes, because it is ordinarily not the business of the court to choose candidates for a political party at an election. If courts were to be saddled with the business of choosing candidates, then they should also be prepared to go out and campaign for such candidates. Surely, that will be most undesirable, indeed.

However, it must be pointed out that, in some exceptional situations, the Electoral Act 2010 (as amended), empowers the court to look into disputes, arising from primaries conducted by the political parties to choose their candidates. The time, space and forum provided by this interview, does not permit us to look at these exceptions in detail. Suffice it to say that , they are mostly restricted to situations where a political party, in CONTINUED ON PAGE 10

10/COVER

20.11.2018

‘COURTS CANNOT CHOOSE CANDIDATES FOR ELECTIONS’ conducting its primaries, blatantly refuses to follow the provisions of the Electoral Act or its own constitution.

The Chief Justice of Nigeria recently gave instructions to the effect that, all electoral matters must be concluded before the end of November, 2018. How feasible is this? What effect would it have on matters that are not concluded within this stipulated period?

These particular questions, are difficult for us to answer at this point in time.

The questions appear simple, but we do not have sufficient facts to answer them. It is true that, newspapers reported that the Chief Justice of Nigeria said so.

However, newspaper reports of this statement made by the Chief Justice of Nigeria, Honourable Justice Walter Onnoghen, without more, are not helpful.

The feasibility or otherwise of this directive by the CJN, and the effect it would have on matters that are not concluded within the stipulated period, would be dependent on the nature and content of the statement. For instance, is it a policy statement? Is the statement in the form of a Practice Direction? Is it applicable to all electoral matters? Is there a cut off point? In other words, if it is a Practice Direction, what is the effective date? Is its applicability restricted to the pre-election matters pertaining to the 2015 general election, or those pertaining to the 2019 general election? These questions must first be answered, before we can answer your question pertaining to the statement attributed to the Chief Justice of Nigeria, Hon. Justice Walter Onnoghen.

However, the point must be made that, time is of the essence in electoral matters. Persons occupying political offices, should be those to whom the electorate has donated its mandate, and not those who stole such a mandate. The system must not, through any act of commission or omission, allow impostors to flourish.

This is why, there is a need for speedy determination of electoral disputes, by the courts or tribunals. The Constitution has taken care of delays in the determination of electoral disputes to a large extent, by stipulating the time within which such disputes must be determined. There is however, no similar Constitutional or statutory provision, stipulating time lines within which pre-election matters are to be determined. We must praise the Judiciary, for coming to the rescue, to fill that gap through judicial activism. Our Judiciary has come up with the highly commendable legal principle that, where a matter which qualifies as a pre-election matter, is instituted after an election had taken place, a court will no longer have the jurisdiction to entertain. The exception to this principle is that, if it is the type of dispute which is referable to an Election Petition Tribunal, you may have a second opportunity to litigate it in an election court or tribunal.

It is from this perspective that, the statement attributed to the CJN can be described as a desirable and welcome development. It is in the interest of the polity, that all disputes pertaining to party primaries and/or nomination of candidates, submitted to courts for adjudication, are settled before the holding of the elections to which they relate. To do otherwise, is to give room to imposters to contest elections without the mandate of their party members.

In other jurisdictions like South Africa for example, we have observed that the number of election petitions, after every national election keeps reducing, and electoral disputes are now almost at a zero level in most African countries. Why then, unlike others, does Nigeria keep experiencing an increase in election petitions? Are most of the cases that of bad losers who refuse to accept defeat, or is that our electoral system is so flawed and fraught with malpractices? What does this say about our democracy?

While it is true that it in other jurisdictions, the number of election petitions after every general election keep reducing, we are not too sure that in Nigeria, it is on the increase. We however, agree with you that, the number of electoral matters following

CONTINUED FROM PAGE 9

every General Election, is way too many.

The figures are staggering. According to the President of the Court of Appeal, a total of 730 election petitions were filed after the 2015 general elections. Of these, 39 were Governorship, 79 Senatorial, 179 House of Representative and 380 State Houses of Assembly election petitions.

In addition, 32 election petitions arising out of the elections conducted in Edo and Anambra States, in 2016. Her Lordship said that, a total of 110 tribunals were set up with 255 Judges to hear the petitions.

These figures are indeed very worrisome.

Those 255 Judges were uprooted from their normal line of duty, to election courts and tribunals. That means that, the cases in their usual courts suffered from lack of attention during the period that they were on election petition duty.

This is unacceptable. The question really is: must we as a people, continue like this? This question, must be answered in the negative. If we do not take steps to address the structural deficiencies in our body polity that gave rise to these numerous election petitions, one day the system will collapse on our heads.

There are many factors, that give rise to the numerous election petitions that bedevil the system. The first and perhaps the most important of these, is the Electoral Act, and the burden of proof imposed on the Petitioner. For a Petitioner to succeed in an election petition, the law requires that you must not only prove substantial irregularities, but you must also demonstrate in addition that, the irregularities substantially affected the result of the election. What then, is the correlation between the burden of proof outlined above and the number of election petitions? This legal principle that was designed to reduce the number of election petitions, has produced the opposite effect of increasing them. The burden of proof makes it very difficult for the Petitioner to succeed in the court/ tribunal, and because of this, the Politician would rather rig an election to succeed, than to allow the election to undergo due process. Very often, the Politician would rig an election and tell his opponent to go to the tribunal, if he or she is not satisfied, knowing fully well the difficulty in setting aside an already declared result.

Closely associated with this, is the legal presumption that all declared results are regular until the contrary is proved.

Another factor militating against success in election petitions, is the principle that to successfully prove over voting, you must call party agents, polling unit by polling unit, to prove that fact. Even in cases where the electoral documents such as polling units results and Voters Register prima facie show this, the law still requires the Petitioner to call witnesses from the polling units affected, to establish that fact. Now the difficulty in calling these

“UNTIL THE POINT IS MADE THAT, YOU CANNOT RIG AN ELECTION WITH IMPUNITY AND GET AWAY WITH IT, POLITICIANS WILL CONTINUE TO RIG ELECTIONS, AND THE AGGRIEVED POLITICIANS, WILL CONTINUE TO GO TO COURT” witnesses does not lie in they’re not being available, but on the fact that, a Petitioner will not have sufficient time allowed by law to call them. Where, for instance, a tribunal in a governorship petition gives a Petitioner to prove his petition in a constituency of over 4,000 polling units, how many witnesses can such a petitioner call before he/she runs out of time? At most the Petitioner who is diligent enough to manage the given time well will call a maximum of 150 witnesses. That petition will definitely fail, unless there are other allegations contained therein to sustain it. Given that scenario, politicians will continue to rig elections, and aggrieved politicians will continue to head for the tribunal, despite the fact that it is easier for a camel to go through the eye of a needle, than to succeed.

So, the thing to do is to change the law, but this is easier said than done. The Politicians in the legislature who have the constitutional duty to amend the law, will always consider their interest first. They believe that they will always win elections, and so, would prefer to maintain the status quo. It will take a heavy dose of patriotism, for Politicians to rise up to the occasion, and do the needful in this regard. There is also a pressing need, for the courts to revisit some of the legal principles governing election petitions. Until the point is made that, you cannot rig an election with impunity and get away with it, Politicians will continue to rig elections, and the aggrieved Politicians, will continue to go to court.

Given your pedigree in politics, one would have expected you to be an active participant on the political turf. Your late father, was a national figure in the Shehu Shagari dispensation. Our late father, the inimitable Chief M.C.K Orbih, was indeed, a consummate politician, a grassroots mobiliser, and a philanthropist to the core. At age 24, he was already a council member representing his people at the then Etsako District

Council. At 31, he was in the House of Representatives representing the then Afenmai East Federal Constituency.

So, he was not only prominent in the politics of the first republic, he was also prominent in the politics of the 2nd Republic.

As to why I am not in politics, I will tell you what most people do not know about me. I am a retired politician. I retired from politics, over 30 years ago. I was a member of the National Republican Convention. I was the first and only Edo State Legal Adviser, of that party.

I contested election for membership of the 1988 Constituent Assembly, and lost that election by one vote. I turned my back on politics, because my party the National Republican Convention, refused to congratulate Chief M.K.O. Abiola who won the June 12, 1993 Presidential Election. I felt that so disappointed, that I decided to leave politics for politicians. I have since then, faced my legal practice squarely. And, I have no regrets for leaving politics. My younger brother, Chief Dan Orbih, is carrying the political flag of the Orbih family, and carrying it very well.

We are proud of him.

Nigeria’s topmost rank of Lawyers, have been accused of refusing to discourage politicians from engaging in frivolous election petitions. That even when they know such politicians do not have good cases, they still encourage them, by accepting their unmeritorious briefs. What is your take on this?

The fault is not with the top rank of Lawyers, to use your words. There is no Lawyer worth his salt, that will encourage his client to file a frivolous election petition. A good election petition can be lost, not due to the fault of the Lawyer, whether senior or junior, while a bad election petition can be won. Those involved in electoral jurisprudence, will tell you that, so many factors interplay in the process of winning or loosing an election. That an election petition is lost, does not mean that it is frivolous. For instance, in 2012, some election petition appeals, lapsed due to effluxion of time.

It was not due to the fault of the Lawyers or the Judges who were supposed to hear them, but the system.

The bottom line is that, we need to revisit and amend the architectural framework of our electoral jurisprudence, if we must positively advance our democracy. Having regard to the foregoing, the need for the Conference on the role of litigation on the 2019 electoral process scheduled to hold in Port Harcourt on the 3rd of December, 2018, cannot be over emphasised. We hope to see This Day Law in Port Harcourt!

We will be there! It sounds like it will be an extremely instructive conference, from which there will be a lot to learn. Too interesting to miss. We look forward to it, and wish you successful deliberations.

Thank you.

20.11.2018

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THE CANVASS MICHAEL NUMA

mj.numa@canvasslegal.com

Does the Federal High Court (Civil Procedure) Rules 2009 Limit the Application of the Decision in Owners of the MV “Arabella” v N.A.I.C?

O Rejoinder Background

n the 19th May, 2015, this column featured an article titled “Issuance of a Writ for Service out of Jurisdiction: Is Owners of the M.V Arabella still the law? wherein the writer sought to draw a distinction in the applicability of the Supreme Court decision in MV “Arabella”, which gave judicial imprimatur of the mandatory pre-condition for leave to issue a writ of summons for service out of jurisdiction in all the High Courts, in view of the advancement of the Federal High Court Rules in 2009. That article attracted several commentaries, for and against. One critical opinion expressed was that of my respected Learned friend Mr. Abdul Mohammed, who caused a right of reply on the 26th May, 2015 in This day Lawyer, advancing a completely opposite position to that of the writer as being erroneous. He submitted amongst other things, that, until the Supreme Court is revisited, the decision in MV “Arabella” cannot be jettisoned by any lower court, as it relates to the practice and procedure of issuing a writ of summons for service out of jurisdiction in the Federal High Court, irrespective of the new interpretation of the phrase ‘out of jurisdiction’, pursuant to Order 6 Rule 31 of the extant rules.

Historical Exclusion of the Federal High Court The Federal High Court was established in 1973. The principal laws regulating the operations, practice and procedure, are the Federal High Court Act Cap F12 LFN 2004 and the Federal High Court (Civil Procedure) Rules in force, albeit other statute regulating certain subject-matters incidental thereto.

Section 19 of the Act provides that the jurisdiction of the court is nationwide; that much is clear, even from its name, owing to the Federal System of Government we operate, or pretend to operate in some respect. This simply means that, in regard to the territorial jurisdiction of the court, the whole nation falls within the jurisdictional competence of the court, irrespective of where the court is situated within the nation. See ABIOLA v FRN (1995) 3 NWLR Pt. 382) 208.

The Sheriff and Civil Process Act (SCPA) first came into force, in 1945. Section 19 of the Act defines “Courts” to mean High Court of a State and Magistrate Court.

Interestingly, in 1975, the Federal Capital Territory High Court was established. Upon subsequent amendment of the SCPA, the FCT High Court was expressly included in the said Section 19, while the Federal High Court was still not mentioned. With this development, it is difficult to give a generic interpretation of the word “ High Court “ in the statute, to mean every High Court.

It simply explains the clear intention of the legislation, on how a true federal structure should operate. The law on interpretation of statutes is settled that, the express mention of a thing excludes others.

The Implication of MV. “ Arabella” The decision of the Supreme Court in MV “Arabella” decided in 2008, thus, unsettled the waters for many years, as it relates to the scope of applicability of Section 97 of the SCPA to Federal High Court. The decision gave a general application to the provisions of the SCPA, to include all High

Courts, including the Federal High Court.

This decision unfortunately, has been used to defeat several claims on their respective merit, on grounds of the absence of the pre-conditions for leave of court, which the courts have adjudged not to be a mere irregularity, but one that goes to the root.

Conversely, upon the emergence of the 2009 Federal High Court (Civil Procedure) Rules which replaced the 1976 rules (upon which the Supreme Court decided MV Arabella), some clarity was given to the phrase “out of jurisdiction” pursuant to Order 6 Rule 31. Proactive Judges took an objective position, and rightly so, in the writer’s opinion, to interpret the Rules, to displace the mischief that occasioned the decision in MV Arabella. One of such decisions, was the case of KEYSTONE MICROFINANCE BANK LTD v KEYSTONE BANK LIMITED & CAC in Suit No. FHC/ABJ/CS/424/2013 delivered by My Lord Justice E.C CHUKWU J. (of blessed Memory) in March 2014. Regrettably, some Judges, including respected Justices of the Court of Appeal, have rebuffed any attempt to persuade them to adopt this new line of argument, suggesting to distinguish the position in MV “Arabella” even under different circumstance. A recent development at the Court of Appeal Abuja division in CA/A/561/M/2016 between ORANUBA v BRISTISH AIRWAYS, the court refused all entreaties by the Appellant counsel, that the law has advanced. The Court, with due respect, was bullish on its position.

The Learned Counsel, was literally forced to withdraw his application. Similarly, the Court of Appeal Lagos Division in NIMASA v NOBLE DRILLING NIGERIA LTD in CA/L/864/2009 delivered on the 5th day of December, 2013 where the court per IYIZOBA JCA held thus: “The Supreme Court has spoken!

Learned Counsel for the Respondent invited the court to depart from the decision of the Supreme Court in M.V Arabella (supra), because this Court is in this appeal being called upon

to consider a provision of statute not considered by the Supreme Court in arriving at the decision..... The only court that can do that something about the very well articulated arguments of both counsel, is the Supreme Court. I hope therefore, that one day, these issues will be put before the Apex Court for re-assessment of its decision in M.V Arabella (supra)” I get it, lower courts are bound to give an homogenous interpretation of the law, following the guidepost of the Supreme Court vide the doctrine of stare decisis. However, this common law principle does not connote a blanket adoption of the previous decision, the principle of law is that, a case is only an authority for what it decides, the facts and the law must be similar if not in pari materia, for the previous decision to qualify as a proper precedent. If a blanket copy and paste approach without evaluating the factual matrix of each case is adopted across board, the law cannot advance and the rigour in scholarly arguments canvassed by counsel to improve the law, will be greatly discouraged. In the United States for example, which is also a common law jurisdiction, judicial precedent is not a big deal, a District Judge will not jump at the mere mention of a Supreme Court precedent, he will have to satisfy himself that the decision being urged on him, will meet the justice of the case in the present dispensation.

The Present State of the Law Thankfully, the Supreme Court was presented with an opportunity to resolve this issue, in 2017. In ZAKIRAI v MOHAMMED SC/433/2015 delivered on Friday, 28th April, 2017, a pre-election litigation dispute commenced at the Federal High Court, Kano Division, wherein the originating processes were endorsed for service on the Respondent in Abuja. Similar objection was raised, on the ground that leave was not sought to issue the writ which was endorsed for service out of jurisdiction,

“....IT IS THE WRITER’S POSITION THAT, THIS ISSUE OF MARKING, ENDORSEMENT AND LEAVE TO ISSUE AND SERVE A WRIT OF SUMMONS BEFORE SERVICE OF SAME, ARE ALL ARCHAIC FORMALITIES. THE JURISPRUDENCE OF OUR PRACTICE AND PROCEDURE, HAS ADVANCED BEYOND THESE UNNECESSARY PRECONDITIONS, WHICH IN REALITY DO NOT CHANGE THE FACTUAL MERITS OF THE CASE”

the Apex Court per Augie JSC succinctly repositioned the law thus: “The Appellant is right that, the said Order 6 Rule 12(1) of the 2000 Rules provides as follows- no writ which, or notice of which is to be served out of jurisdiction, shall be served without the leave of court. However, his contention is that the first Respondent required leave to issue the originating summons for service outside jurisdiction. He concedes that Order 6 rules 13-17 of the 2009 [extant] Rules makes no provision mention of leave to issue, but contends that it is a rule of practice in conjunction with Order 6 Rules 14(1) of the 2009 Rules...

He relied on the decision of this Court in MV. Arabella v NAIC (Supra), which he says gives judicial support and credence to this position and rules of practice that leave must be sought. As the first Respondent submitted, contrary to his assertion, that case was decided based on Order 10 Rule 14 of the 1976 Rules.

Thus, the Respondents are right; the Appellant has not come up with convincing arguments to counter the findings of the court below, that the provisions of the 2009 Rules, impose no obligation on the first Respondent to obtain leave to issue the originating summons.

The Supreme Court rightly upheld our earlier submission that, the law having advanced by new rules of court, which clearly interpreted ‘out of jurisdiction’ to mean out of Nigeria, relying on MV Arabella under this dispensation, will simply amount to taking us back to the Stone Age. The rationale for this decision, can be situated on the proem of this article, which I will repeat at the risk of repetition thus: “Rules of Court are not static; they change as the society evolves and the legal issues become more and more complex or sophisticated. The said Federal High Court (Civil Procedure) Rules of 1976 and 2000 may have stipulated that no writ for service out of jurisdiction can be issued except by leave of court, but the 2009 rules did not say so..... No doubt the Federal High Court (Civil Procedure) Rules, has undergone several modifications geared towards improving access to justice since 1976, and to say that a particular rule must be carried on and implemented under rules made decades ago, amounts to taking the clock back. Let me state that, this sub-issue is resolved against the Appellant” While I respect the opinion of the Mr. Mohammed, regrettably this pronouncement effectively renders his criticism hollow, when he took a swipe at the writer’s earlier position, by submitting that until the Apex Court is revisited, MV Arabella cannot be distinguished, irrespective of the advancement in the rules.

Conclusion Quite Frankly, it is the writer’s position that, this issue of marking, endorsement and leave to issue and serve a writ of summons before service of same, are all archaic formalities. The jurisprudence of our practice and procedure, has advanced beyond these unnecessary pre-conditions, which in reality do not change the factual merits of the case. It’s a shame that, you less than 20% of the provisions of our substantive laws, are yet to receive judicial interpretation, yet at the slightest opportunity, we will pursue a technical point to the Supreme Court again and again. As Tobi JSC put it in ABUBAKAR v YAR’ ADUA (2008) 4 NWLR Pt. 1078 Pg 465 that, the Heaven will not fall if leave of court is not sought and obtained, especially where a waiver will not defeat the rights of parties on the merit.

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“Women: A Needed Force in Politics and the Polity” A paper delivered by Chief Folake Solanke, SAN, Guest Speaker at the 5th Memorial Lecture in Honour of the late Dr Olusegun Agagu CON at the Civic Centre, Victoria Island, Lagos on Thursday, September 13th, 2018

P

"When it became apparent that peaceful leafleting and rallies were producing no results, the Women's Social & Political Union (WSPU) decided to up their game. " "They printed their own newspaper, they wore branded sashes and invited sympathetic journalists to work with them- the sort of campaign today' s celebs would pay a PR agency a small fortune for.

In 1907, they made imprisonment their own.

The idea of middle class ladies in Holloway jail was shocking and attracted the press coverage they so desperately needed.

But how to ensure they would be incarcerated?

Simple. They assaulted policemen to get arrested and then didn't pay their fines. By 1909, they went on political hunger strike, which led to them being force fed.

They described the sensation of drowning of their eyes feeling like they were going to burst.

No wonder a group of 117 doctors wrote to Prime Minister Asquith, urging him to stop this 'beastly and revolting procedure'. By 1913, terrorist tactics were being used and it took the outbreak of World War I for a truce to be called."

It is almost inconceivable, to contemplate to what indescribable torment the women desperately and resolutely surrendered themselves, so that their status as equal human beings like the men could be recognised. And the torture of women only ended, because the service of women was needed to wage the war! What an unjust and wicked scandal perpetuated by men against women.

Appreciation

ermit me to express my deep appreciation for the invitation extended to me by the Agagu Foundation, to participate in this year's discourse. It is both my joy and a personal duty, to participate in this propitious remembrance event, as the Guest Speaker.

The Theme I am obliged to analyse the theme of this event. It is local, global and germane. The word “needed" in the theme, is pivotal. A person is needed in a situation, if that person has a meaningful contribution to make, in order to add value to the situation at hand.

Consequently, the capacity of the contributor has to be examined. In the context of the theme being interrogated, women must have the capacity to add value to "politics and the polity" for good governance.

Capacity of Women This contention, compels us to examine the capacity and background of women. That interrogation involves the consideration of where women were coming from, where they now are, and where they are going in the society.

It is postulated that we will do well to begin from the very beginning - "id est" from the creation of the world by God. Let us now consider the attributes of women which will qualify them to constitute a "needed force in politics and the polity". Thus, the background of the women folk must be tested for that societal role. Let us also examine the story of the origin of creation by God in the Garden of Eden, starring Adam and Eve -Genesis 1:27 goes thus: In the Garden of Eden "So God created man in his own image, in the image of God created he him; male and female created he them."

A note in the "Holy Bible of Living Translation Red Letter", has a very interesting and illuminating articulation of the above quoted verse in the following words:"God made both man and woman in his own image. Neither man nor woman was made more in the image of God more than the other. From the beginning, the Bible places both man and woman at the pinnacle of God's creation. Neither sex is exalted, and neither is depreciated." Brilliant!

It is postulated that, the compelling statements that God created man and woman in "his own image" is an undeniable testament to gender equality bestowed by God, and is therefore, superior to any other Biblical suggestion to the contrary as expressed, for example, by St. Paul the Apostle- the greatest evangelist of all time- in I Timothy 2:11-13 thus:"11. Let the woman learn in silence with all subjection.

12. But I suffer not a woman to teach, nor to usurp authority over the man, but to be in silence.

13. No doubt, St. Paul was relying on the chauvinistic culture of his time.

No doubt, St. Paul was relying on the chauvinistic culture of his time.

Chief Folake Solanke, SAN

The interpretation of verse 27, is very reassuring for the female gender. There is gender equality before God our creator! Halleluyah, Praise God. Certainly, the fact that the woman was created as “an help meet for him" (Genesis 2:20), does not make her inferior to him.

It is advocated that, regardless of the role of the man or the woman in the society, in the context of what God did in the Garden of Eden, women can boldly rely on this Biblical verse to claim gender equality. And, it is when women enjoy full equality with men, that the needed force of women in politics and the polity can be realised.

Gender Equality However, despite God's original example of gender equality, what a monumental struggle women have had over the centuries, and even now, to demand respect and their equal participation in politics and the polity.

The Role of Women and Men It is trite to say that, the society is made up of men and women. Most statistics show that women are more in number than men in the world, and they live longer, despite the horrendous discriminatory obstacles which they daily confront. Consequently, it is plain that both men and women are needed for national development, through which politics and the polity can thrive. Consequently, no nation can attain its greatest potential without the full and joint participation of men and women. It is canvassed that, society must not diminish the contribution of women to the society. In that context, both men and women have to

“....BOTH MEN AND WOMEN HAVE TO COOPERATE TO END MALE DOMINANCE, WHICH, FROM THE DAWN OF HISTORY, HAS TENDED TO DISPARAGE WOMEN, AND TREAT THEM AS THE INFERIOR GENDER”

cooperate to end male dominance, which, from the dawn of history, has tended to disparage women, and treat them as the inferior gender.

Gender Prejudice against Women Politicians Indeed, there is the gender prejudice to be encountered by women politicians. There is still a long way to go, to persuade some men that women have both the fundamental human right and ability to hold the highest office in any country. However, it is hereby acknowledged that, no woman can succeed in politics, without spousal and home support. This postulation is true for any other women's endeavour, be it in a professional or business enterprise. Lack of support by a husband, can lead to tension in the home. Such a tension, can easily lead to a breakdown of a marital relationship, which usually is disastrous for all concerned in the family. Thus, an attitudinal change towards gender equality must be promoted among the older generation, and must also be inculcated early in life into the youth.

My plea to women, is to support deserving women for elective office - strictly on merit. Let us reject the aphorism: "Women are women's worst enemies. Be informed that, " Professor Remi Sonaiya of the Obafemi Awolowo University (OAU), Ile Ife, Ibadan Nigeria was a 2015 presidential candidate, and is now aspiring to contest the 2019 presidential election. We wish her success and commend her courage and determination.

Revolution of Women Suffragettes In the ages past, women could not even vote, only land owners could vote. Over hundred years ago, the Women Suffragettes, in England, after nineteen Bills on vote for women had been presented to parliament and were dismissed, "brevi manu" the women leaders had to change their tactics from peaceful protests to violent protests and breaches of the law, as reported in the media. An example of that reportage in the Daily Mail, Tuesday June 5, 2018 Page 59 is as follows:-

The Law Indeed, even the law itself was not kind to women, because in law "women, children and lunatics" were lumped together" in their legal status, which was an incredible degradation of, and contempt for women.

Male Chauvinism v Women's Persistence One can use the legal profession, to demonstrate the universal male self-serving hostility against women, particularly in the work place. In the USA, for example, it was a long struggle for women to be admitted into the legal profession. In the book “In My Own Words", the 2nd female Justice of the Supreme Court of the United States of America - Justice Ruth Bader Ginsburg, appointed by President Bill Clinton in June 1993, "inter alia" wrote:"As late as 1968...the law remained largely a male preserve. Text books and teachers at that time so confirmed. A widely adopted first year property casebook published in 1968, for example, made this parenthetical comment: "[F] or, after all, land, like woman, was meant to be possessed."

Heavens above, just like chairs and tables "id est" mere chattel. I say: "Infandum" (Unspeakable). Belva Lockwood, according to Justice Gingsburg, was: " a woman of courage who would not be put down, a woman who, in 1879, made the U.S. Supreme Court change its ways. Her name, Belva Ann Lockwood, her birth year, 1830. Lockwood was the first woman ever to gain admission to the U.S. Supreme Court's Bar, the first woman to argue a case before the nine Justices, and the first woman to run the full course for president."

In 1869, Belva Lockwood's applications to DC Area Law Schools were rejected, on the ground that her presence would ...distract the attention of the young men." ''Her presence, she was told, would ... distract the attention of the young men in the class. Lockwood persevered until the National University Law School (today, the George Washington University Law School), allowed her to matriculate. She encountered yet another impediment, when

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“WOMEN: A NEEDED FORCE IN POLITICS AND THE POLITY” the school refused to confer upon her the diploma she had earned. Men in the class, were again, the asserted obstacle.

Graduating with women, it was feared, would lessen the value of the men's diplomas."

She had to petition President Ulysees S. Grant, the Washington University's President "ex officio", before she was awarded her law degree.

In 1869, the Illinois Supreme Court having rejected her application for admission to the Bar, observed thus:“In denying Myra Bradwell admission to the bar, the Illinois Supreme Court observed in 1869 that, as a married woman, Bradwell would not be bound by contracts she made. The Illinois court thought it instructive, too, that female attorneys were unknown in the mother country.''

Also in 1876, Belva "sought admission to the Supreme Court Bar. The court denied her application 6 to 3 with the tense explanation: “By the uniform practice of the Court ... and by the fair construction of its rules, none but men are permitted to appear before it as attorneys and counsellors."

Justice Ginsburg, in a recent CNN interview, recalled her statement: “All I ask of our Brethren (Justices of the Supreme Court are referred to as Brethren), is that they take their feet off our necks"! What a direct and powerful demand, which means that, men had engaged in egregious strangulation of women, through centuries of suppression, degradation, violence and discrimination.

Even Shakespeare - the great English poet - had to portray his female character “Portia" in his play ‘The Merchant of Venice’ - dressed as a man to pronounce judgement, in order to satisfy the audience! Such was, and still is, the animus and discrimination against women, by the men and society.

The United Nations: Champion of Women's Rights The United Nations must be credited for its forward-looking insight and correct and visionary orientation, to the issue of a gender discrimination world wide. In that context, it is to the everlasting credit of Boutros Boutros Ghali, the Secretary General, who influenced the Organisation to hold four World Women Conferences on the status. The very first World Women Conference was held in Mexico City, and I was privileged to attend and presented a paper on "Abortion". The second one was held in Copenhagen Denmark in 1980, the third one was held in Nairobi Kenya in 1985, which I also attended, and the most staggering one was held in Beijing, China in 1995 to which I was privileged to lead the Zonta International delegation as Zonta International President. With all due modesty, Zonta International put up a number of successful Women-related programmes and thus, we contributed to the 12 Critical Areas of Concern for Implementation, for the advancement of the status of women as follows:(i) Women and Poverty (ii) Education and Training of Women (iii) Women and Health (iv) Violence against Women (v) Women and Armed Conflict (vi) Women and the Economy (vii) Women in Power and Decision Making (viii) Institutional Mechanisms for the Advancement of Women (ix) Human Rights of Women (x) Women and the Media (xi) Women and Environment (xii) The Girl Child In view of the discriminatory treatment of women by men, the UN Promulgated a Declaration on "Violence Against Women" in 1993. I can categorise the UN, as a world champion of the status of women. The UN leadership has motivated countries, to enact laws for gender equality and the protection of women from violence and the rights of children. Regrettably, despite laws, women still suffer horrific domestic violence.

One singular achievement of the UN World Conference, is the fact that, more women are now occupying political positions of authorities such as Presidents, Prime Ministers, Governors, Ministers, Professors, Writers, Chairmen, Principals; former President Ellen Johnson Sirleaf of Liberia, Prime Minister Benazir Bhutto, Prime Minister Thatcher, former Chief Justice of Nigeria, Aloma Mariam Mukhtar, Chief Judges ... The Keynote Speaker today is Her Excellency Joyce Banda, former President of Malawi.

Madam Tsai Ing-wen is the current President of Taiwan.

The ILO Building Laudable as the efforts of the UN are, even ILO -an agency of the UN - its headquarters house in Geneva has the figure of a working man on its wall, which signifies that, even the organisation whose occupation is to protect workers' rights, does not recognise the contribution of women workers to the society in artistically depicting a worker. In that context, when I had an opportunity to be granted audience by the Secretary-General of the UN, I included this complaint in my brief remarks, and requested that a female working figure be carved unto the ILO wall like that of the male worker, to signify that women are also workers inside and outside of the home. In addition to the UN's focus on Women's Rights; the Organisation is also committed to human rights for all. It is when women are liberated from the shackles of discrimination, that their force can participate meaningfully in politics and the polity.

Health is Wealth Now, as we all know that health is wealth. We are all here today, because, by divine grace, we are healthy. It is seriously advocated that, the health of a young female baby or girl should not be compromised. The twelfth and last Critical Area of Concern published by the 1995 4th Women Conference in

CONTINUED FROM PAGE 12 as responsible and God-fearing members of the society. In particular, parents must pay equal attention to both male and female children, like my own father did. Female children, like their brothers, must have full access to qualitative education to the highest level, to enable them develop their talents and potentials to the maximal degree, for the benefit of the society.

Thus, they will grow up to be part of the needed force in politics and the polity. We must never forget that, women produce babies for humankind to survive!

Motherhood It is also seriously advocated that, motherhood should not permanently derail the career progress of women. As motherhood is a sine qua non for the continuity of the human race, it is logical that employers should execute policies which will welcome women back to the workplace after the maternity leave, without loss of status. This arrangement should also be available to the husbands who choose to have paternity leave, to look after the newborn babies while their wives go back to work e.g. in some European countries. Perhaps some Nigerian husbands will follow their example!

Mrs. Oby Ezekwesili, a female Presidential Candidate for 2019 election

“....WHEN I HAD AN OPPORTUNITY TO BE GRANTED AUDIENCE BY THE SECRETARY-GENERAL OF THE UN, I INCLUDED THIS COMPLAINT IN MY BRIEF REMARKS, AND REQUESTED THAT A FEMALE WORKING FIGURE BE CARVED UNTO THE ILO WALL LIKE THAT OF THE MALE WORKER, TO SIGNIFY THAT WOMEN ARE ALSO WORKERS INSIDE AND OUTSIDE OF THE HOME” Beijing, was on The Girl Child, in the following words:“The Convention on the Rights of the Child recognises that "States Parties shall respect and ensure the rights set forth in the present Convention to each child within their jurisdiction without discrimination of any kind, irrespective of the child's or his or her parent's or legal guardian's race, colour, sex, language, religion, political or other opinion, national, ethnic or social origin, property, disability, birth or status".

Recently, in India, an 8 year-old girl was brutally gang raped, killed, butchered with an axe, and her body was dumped in a bush and covered with leaves. Such an unfortunate innocent victim, cannot contribute to politics and the polity. What a tragedy, horror of horrors!

The Criminal Assault called Circumcision/Genital Mutilation In view of the UN statement, it is categorically advocated that the archaic and dangerous custom of female circumcision, otherwise known as genital mutilation, is a horrendous breach of that statement, because the lethal cutting may lead to death through infection and also may have a permanent adverse effect on the sexual life of the victim- just for the supposed enhanced pleasure of the selfish male. Women have an unlimited scope to be part of the needed force or politics and the polity when they enjoy health. Genital mutilation can also adversely affect the mental health of the victim. Each one of us needs to be healthy mentally and physically. Indeed, “mens sana in corpore sano" ("a sound mind in a sound body") should be the credo of all of us.

In 1984, I was in Sydney, Australia for a Zonta Convention, and a journalist asked me for an interview at breakfast, to discuss the horror of circumcision with me. I bluntly refused to have circumcision, on the breakfast menu.

Sexual Harassment in the work place Sexual harassment at work and everywhere, is rampant.

This is a calamity which men inflict on women, for promotion or better remuneration. Of course, promotion and enhanced remuneration should be based on qualification and performance, not on physical abuse, or sexual harassment or assault or rape.

In the USA now, there is a Movement called “Metoo". This came out of women who had the courage to come into the open, to complain bitterly about sexual molestation, including rape at work. It started with the complaints against Mr. Harvey Weinstein, by a number of women. Their bravery encouraged others to speak out, and the movement, now called “Metoo", is alive and well for the criminal prosecution of male predators.

The Home In this regard, let me address the importance of the work women do at home. Home, is the bedrock of every society.

Consequently, parents, and I speak here about the normal home of a man and a woman, have a God-given duty to train and nurture their children, male and female, in a loving home environment, in order to equally prepare them for adulthood

Women as Objects of Entertainment It is opportune to address some of the other areas of male exploitation of women, for their own enjoyment. A Biblical example is appropriate, in the royal personality of Queen Vashti - wife of King Ahasuerus (“which reigned from India even unto Ethiopia, over an hundred seven and twenty provinces"). Thus, he ruled over a vast glorious kingdom. In the third year of his reign, he held a huge and elaborate feast for all the princes, nobles and servants ... Of course, all the men were with the king. Queen Vashti held her own feast for the women in the royal house.

It was bad enough that the women were segregated from the men, but then a worse insult was to follow. On the seventh day of the endless feasting... when the heart of the king was merry with wine, he commanded ... “the seven chamberlains that served in the presence of Ahasuerus the king" to bring the queen before the king with the crown royal on her head to shew the people and the princes her beauty, for she was fair to look at. The expected show of shame, was to please the men in their alcoholic stupor. The queen, to her eternal pride and dignity and noble legacy, bluntly refused to be an object of male lasciviousness and entertainment.

Of course, the king and the drunken princes were furious, and declared that Queen Vashti's effrontery of disobedience to the king's order would not be tolerated; as an example to other wives, so she must lose her position as Queen, in order to avoid a situation which they considered would bring "too much contempt and wrath". The infamous judgement of the drunken men, is recorded for posterity in verse 19-21 of the book of Esther chapter 1: "19 If it please the king, let there go a royal commandment from him, and let it be written among the laws of the Persians and the Medes, that it be not altered, That Vashti come no more before king Ahasuerus; and let the king give her royal estate unto another that is better than she.

20 And when the king's decree which he shall make shall be published throughout all his empire, all the wives shall give to their husbands honour, both to great and small.

21 And the saying pleased the king and the princes; and the king did according to the word of Memucan:" The expected demeaning spectacle and entertainment, reminds one of beauty pageants such as "Miss World, Miss Universe, Miss Africa, Miss Nigeria, Miss Anything else!".

These pageants provide elaborate entertainment, particularly for men. Now, there is a move in the USA that participants in these beauty pageants, should not make women dress in revealing swimming bikinis, but competition should also be related to intelligence. The pageants should not provide women for men to stare at, leer at, and ogle at, "in a lecherous way".

Discretion prevents me from saying more, while I salute Queen Vashti's honour, dignity and courage. She was a real heroine in the Bible. Women have more to contribute to the society, in addition to their physical beauty. This attitude of women as objects of entertainment, is still rampant in the society and women have to confront it, as a form of exploitation. Otherwise, I suggest that, men should now strip to the waist, parade and swagger on the stage for women to stare at!

Women's Struggles through the ages Women's struggle has been going on since the dawn of history, indeed in the book hereinbefore cited, Justice Gingsburg traced discrimination against women to the times of ancient Greece and Biblical times. Please, listen to her:"In Greek mythology, Pallas Athena was celebrated as the goddess of reason and justice. To end the cycle of violence that began with Agamemnon's sacrifice of his daughter, Iphigenia, Athena created a court of justice to try Orestes, thereby installing the rule of law in lieu of the reign of vengeance." "Recall also the biblical Deborah (from the Book of Judges). She was at the same time prophet, judge, and military leader. This triple headed authority was exercised by only two other Israelites, both men: Moses and Samuel. People came from far and wide to seek Deborah's judgement. According to the rabbis, Deborah was independently wealthy; thus she could afford to work pro bono”.

I respectfully concur with the statement of the Supreme Court Judge, that women have multi- dimensional abilities to employ for the good of the society. It is crucial to note that, financial independence is a "sine qua non", for the meaningful

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â&#x20AC;&#x153;WOMEN: A NEEDED FORCE IN POLITICS AND THE POLITYâ&#x20AC;? CONTINUED FROM PAGE 13 performance of the women in the society.

Of course, while Deborah was performing wonders as Prophet, Judge and military leader in Chapter 4 of the Book of Judges, Delilah, in the same book Chapter 16:10 was playing her own feminine and diabolical games and tricks on Samson. She told him: "And Delilah said unto Samson, Behold, thou hast mocked me, and told me lies: now tell me, I pray thee, wherewith thou mightiest be bound."

He succumbed to her feminine wiles, to his eternal destruction. Yes, as women, we are equal, but different in our attitudes, orientation and choices. Unlike Delilah, Queen Esther (who succeeded Vashti) also in the book of Judges, boldly saved her people-the Jews - from the gallows.

The Olusegun Agagu Foundation At this juncture, I acknowledge that the broad Theme for this Memorial Lecture is firmly located in one of the Focal Areas to wit: "Politics and Good Governance". Indeed, the needed force of women in politics and the polity, is one of the parameters for good governance in any polity.

I congratulate the Foundation and the family, for the impressive and laudable achievements scored so far. It is a matter for celebration that, you are in contact with schools and universities by way of cash prizes and scholarships. I hope the awardees, have been invited to this celebration.

It is important for them to attend, so they can follow the leadership example and qualities of Olusegun Agagu, of service for the common good of the people, and NOT for self- service.

It should be country above self.

Women as BeneďŹ ciaries of the Centuries of Struggles for Emancipation Undoubtedly, women of the world, are beneficiaries of the victory scored by the women activists who suffered unspeakable violence, for the elevation of the status of women, and the eradication of discrimination against women in all spheres of life's endeavours. We now have women on the highest Bench of Nigeria, England, USA and they are performing as well as the men. In Nigeria, Stella Jane Thomas, was the first female Lawyer and became the first woman Magistrate in Nigeria. She was

called to the English Bar in 1943. And the Hon. Justice Mariam Aloma Mukhtar was the first female Chief Justice of Nigeria from July, 2012 to November, 2014. And The Hon. Justice Zainab Adamu Bulkachuwa, is the first female President of the Court of Appeal in Nigeria, and is still in service.

Women owe a huge debt of gratitude to those women activists and heroines, and we must work to achieve even heights greater than what our courageous and long suffering ancestors did. Thus, we have a duty to encourage young girls to accept the challenge that, public office should not be the monopoly of men only. Women have proved that given the opportunity, they can excel in all theatres of life. Regrettably, some female public officers, have let us down. But to err is human, to forgive is divine. That is the nature of man and woman.

We must be ready to overcome roadblocks that are still mounted by some chauvinistic men, who still harbour ante deluvian decisions of male dominance. I am sure none of the gentlemen in this assembly, harbour such opposition to gender equality. I believe that is why they are here, at this event. You are welcome.

What is in a Name - "Kokumo"?

At this point, it is noteworthy that, Olusegun Agagu's middle name is "Kokumo". In recognition of the non-Yoruba speaking eminent guests in the assembly here, I can correctly translate the name "Kokumo" as â&#x20AC;&#x153;Will die no more". The Yoruba language, is fantastic. It has meaningful names. "Ile la n wo, ki a to so omo loruko". His beloved mother must have lost some babies, before he survived as a baby.

Well, not only has Olusegun Agagu lived up to his name in life, the memorial annual event, has ensured that he is living up to his name after death. He lives because his legacy lives.

His first name Olusegun, is also predictive of what is to come. Morning heralds the day.

I appeal to parents, grandparents, teachers and every one, to teach their children Yoruba language, so that it does not go into extinction, which will be calamitous for the Yoruba race.

That applies to all indigenous languages.

Praise for the Foundation

Let me now applaud the Foundation for its statement of intent, namely to:t &YQBOE VOJWFSTJUZ BXBSET QSPHSBNNF r"EE NPSF VOJWFSTJUJFT UP UIF TDIFNF by giving an endowment for 3 students per university (Geology or Petroleum Engineering) r Publications r" DPNQFOEJVN PG TQFFDIFT GSPN BMM PVS great alumni speakers and the policy papers that have come out as a result. t 4UBSU B WJSUVBM .FNPSJBM -JCSBSZ r " MJCSBSZ JO NFNPSZ PG %S 0MVTFHVO "HBHV to educate the public as well as promote the work of the Foundation r 0UIFS JOJUJBUJWFT r &TTBZ DPNQFUJUJPOT BOE QPMJDZ GPSNVMBUJPO r "O JOUFSWFOUJPO JO "WJBUJPO TBGFUZ Olusegun's academic record is staggering, and the policies and programmes being executed in his honour, adequately portray him as an academic of superior intellect and a giant in the area of good governance for the people.

I urge men and women to come together to combat male chauvinism, so that both genders can collaborate, and ensure that women worldwide provide the needed force in politics, and in the polity. They certainly have the capacity and intellect to do. To our womenfolk, let us be encouraged by the Biblical words of St. Paul the Apostle in Romans 8:31 thus:"What shall we then say to these things? If God be for us, who can be against us?"

With all due respect, I unequivocally, reply the Apostle Paul with a categorical: "No one", Indeed, "No man"!

Peroration In peroration, it has been a delight for me to participate in this glorious memorial event, as a guest speaker. The Theme of this spectacular event, has helped us to re-affirm the crucial importance of world women being allowed to apply their talents to, and be a part of the power needed force in politics and the polity.

We women are ready, if given the opportunity.

Above all, last but not the least, men and women must receive equal pay for equal work.

â&#x20AC;&#x153;....WHILE I SALUTE QUEEN VASHTI'S HONOUR, DIGNITY AND COURAGE. SHE WAS A REAL HEROINE IN THE BIBLE. WOMEN HAVE MORE TO CONTRIBUTE TO THE SOCIETY, IN ADDITION TO THEIR PHYSICAL BEAUTY. THIS ATTITUDE OF WOMEN AS OBJECTS OF ENTERTAINMENT, IS STILL RAMPANT IN THE SOCIETY AND WOMEN HAVE TO CONFRONT IT, AS A FORM OF EXPLOITATION. OTHERWISE, I SUGGEST THAT, MEN SHOULD NOW STRIP TO THE WAIST, PARADE AND SWAGGER ON THE STAGE FOR WOMEN TO STARE AT!â&#x20AC;?

May God help all of us. Amen. May God heal our beloved sick country, Nigeria. May women and men of the world triumph! Amen!

Amen!! Amen!!!

May the Olusegun Agagu Foundation flourish in perpetuity. "Deo Volente."

I thank you for your attention and for being a responsive audience. My special thanks go to the men who support women!

I pause.

Chief Folake Solanke SAN, OON, CON, B.A., Dip. Ed., FNIALS, LL.D (h.c), HLF D.Litt(h.c.), D.Lit.(h.c.), D. Litt.(h.c.),

DOMESTICATE ROME STATUTE TO HELP TRACK, RECOVER PROCEEDS OF CORRUPTION ACROSS THE BORDERS, GROUP URGES NASS CONTINUED FROM PAGE 5 Omoyele Sowore; a presidential candidate, Nurudeen Ogbara, former Chairman, NBA Ikorodu Branch and many other Nigerian patriots and stakeholders, including distinguished members of the fourth Estate of the Realm.

The conference received a keynote address, two other leading and highly resourceful, insightful cum engaging presentations, and concluded with a democratic evaluation session.

The conferenceâ&#x20AC;&#x2122;s methodology incorporated both the didactic and interactive, participatory approaches. The Conference elaborately deliberated on the rationale for the call, relevance and application of jurisdiction of the ICC in prosecuting, curtailing and punishing crossborder corruption, and in enhancing recovery of illicit assets.

The conference also examined and deliberated extensively, on the legal frameworks relevant to international jurisdiction on cross-border corruption and recovery of illicit assets. Issues relating to the confinement, possible contemporary challenges and limitations of the ICC in the prosecution of trans-border corruption and

illicit assets recovery, were subjected to analysis and the possible solutions were highlighted.

The conference received the keynote address from Mr. Paul Hoffman, the Director, Accountability Now and Integrity Initiatives International on â&#x20AC;&#x2DC;Corruption as Crime Against Humanity: ICC and Compelling Challenge of a Global Monsterâ&#x20AC;&#x2122;. Justice Mark Wolf, Founder of Integrity Initiatives International and Judge of a United States Court, delivered an opening remark at the conference.

In his welcome address, Mr. Olanrewaju Suraju, Chairman, HEDA Resource Centre informed the participants that the conference was informed by the disturbing phenomenal implications of stolen capital flight from developing countries, to self-styled safe havens in developed States; and the laundering of resources through bribery and corruption, in the conduct of international businesses.

According to Suraju, the international conference was convened, to deliberate on the dimensions and challenges of tracking and recovery of illicit transactions and proceeds of

corruption across borders to developed countries.

The conference however, resolved amongst others that, stolen assets from developing countries especially Nigeria, continue to find their ways into foreign countries, and this has escalated poverty in African and other developing countries; civil society groups need to intensify efforts in engaging the ICC on the need to expand its jurisdiction to cover cross-border corruption cases; corruption can no longer be isolated as a local challenge to be left to the government of the home countries, as it has become a transnational phenomenon requiring the partnership of, and with, the international community; stolen assets from most African countries are kept in foreign countries with the collaboration of, or in connivance with, international partners and laws and enforcement mechanisms in most African countries are weak in identifying, tracing, investigating and recovering the proceeds of corruption.

They noted that, corruption has now assumed the status of serious international crimes considering the high degree or intensity of

CALL TO BAR CEREMONY: LAWPAVILION SET TO UNVEIL NEW APP FOR NEW WIGS CONTINUED FROM PAGE 6 filing or drafting those processes. Also, she provides notes with legal authorities, to support Civil procedure principles. This quick and easy access would definitely aid their research and collation of relevant data to draft processes. Instead of going through the time consuming and hectic method of sifting through voluminous indexes of Law reports, you can easily search through our vast and current database from your mobile phone on the go.

Why is the TIMI-lite geared towards new wigs?

Stories abound of how new wigs have often been embarrassed for failing to comply with the Civil Procedure Rules of Courts. The path of a lawyer freshly called to the Nigerian bar, is usually fraught with challenges. Challenges

of being thrown into situations where they are at their wits end; challenges of being required to provide answers to questions they have never considered; the challenges of preparing and filling court processes in our sometime unfriendly court systems; the challenges of facing older wigs who are more experienced and very familiar with the Rules and practices of courts, yet required to handle the matter successfully; the challenges of appearing before a Judge who is bent on ensuring that you learn the ropes, all in one day! All these experiences can be embarrassing, and sometimes, discouraging.

Also, you will agree with me, that one of the major challenges in life, is getting oneâ&#x20AC;&#x2122;s foothold. The new wigs are fresh from the Law School, finding themselves in the legal

market that is already saturated with seasoned Lawyers. They will definitely need a launch pad, to help propel them to greatness within the first few years of practice â&#x20AC;&#x201C; this is what the TIMI app is offering, and we think it is a unique opportunity for new wigs to own their personal Artificial Intelligence Legal Assistant, as they begin their journey in Legal Practice.

From the foregoing, it is obvious that, the Nigeriaâ&#x20AC;&#x2122;s first AI empowered set, will walk out of the Law School Auditorium on the 27th of November, 2018, with all these AI Tools in their pockets, ready to chart new frontiers in Legal Practice. I think the best gift any parent or guardian can buy for our new wigs at this yearâ&#x20AC;&#x2122;s Call to Bar Ceremony, is the TIMI-Lite Mobile App. It will truly teach them how to fish, and set them up, for life.

its negative implication or consequences on the citizenry, thereby necessitating the activation of the jurisdiction of the ICC even within the scope of the Rome Statute and case-laws emanating therefrom.

According to them, corruption should be regarded as economicide (i.e. massive violation of the social and economic rights of the citizens through corrupt activities of public office holders, thereby endangering the welfare and economic wellbeing of the citizenry), and should either be inserted by way of amendment of the Rome Statute or should be incorporated thereto by way of expansive definition, such that corruption or economicide is regarded as a crime against humanity, as provided for under Article 7 (1) (k) of the Rome Statute.

They recommended that, global advocacy should be stimulated and deployed, at deepening the demand for the activation of the ICCâ&#x20AC;&#x2122;s mandate to frontally combat global corruption, and prosecution of corrupt activities that constitute grave violation of human rights and exacerbation of crimes against humanity.

They also called on the Office of the Prosecutor (OTP) of the ICC, to forthwith commence its own preliminary examination of information and decide if it would initiate an investigation proprio motu. â&#x20AC;&#x153;The OTP should be more pro-active, and be open to building a formidable alliance with anti-corruption stakeholders in the task ahead. â&#x20AC;&#x153;All anti-corruption stakeholders and agencies should not relent in their pro-active investigation and prosecution of corrupt activities, including money laundering and illicit assets recovery. â&#x20AC;&#x153;All anti-graft agencies, should be strengthened to deal with all cases of corruption at the national level. â&#x20AC;&#x153;The leadership of the National Assembly (both the Senate and the House of Representatives), to domesticate the Rome Statute without further delayâ&#x20AC;?, they added.

20.11.2018

THE LIGHTER SIDE/15

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I live and work in Stockholm, Sweden.

Three years ago, I sent money to my elder brother to help acquire a plot of land in Lagos, which I intended to develop into a residential apartment for my use whenever I am on vacation in Nigeria. He promptly purchased a piece of land Oworonshoki area of Lagos.

As I send you this email, the property is still at foundation level, all because of so-called ‘omo oniles’ who have refused my brother to continue work on the land, except he pays a huge sum of money to them. They were paid when the foundation was being dug, and they continue to demand for more money. To make matters worse, they are up to three sets of thugs that show up at the place, each time bricklayers come to do the work. We have reported to the police, and there is still no solution.

Please, what can we do? The project is delayed, and the cost of building materials, keeps rising by the day.

X.X, Stockholm, Sweden.

Dear X.X., This has been the menace, which prospective property owners have gone through in Lagos, for decades, until 2016, when the State passed a law prohibiting land grabbing and its related activities.

The law, which is known as the Property Protection Law, 2016, also established a Task force on Land grabbers.

This law and its supporting machinery, were put in place

in order to curb the nefarious activities of land grabbers, who had until the enactment of the law continued to perpetrate a reign of terror on the people of the State.

The law states in Section 2(1), that – “As from the commencement of the law, no one shall use force or self-help to take over any landed property or engage in any act inconsistent with the proprietary right of the owner in the State. Furthermore, subsection two states that, persons who have used force to take over the properties of others and still do so after 3 months from the date of commencement of the law commit an offence. Anyone who commits such offence is liable to ten (10) years imprisonment.

It also provides that, anyone without lawful authority, who applies threats or violence to secure entry into any landed property for personal use, commits an offence.

Regardless of if the entry is lawful, it does not give a right to use threats or violence, and anyone who commits the offence shall be liable to 10 (ten) years imprisonment.

I advice that, you submit a written complaint to the office of the Lagos State Special Task Force Against Land Grabbers at the Lagos State Secretariat, Alausa, Ikeja, and make a copy of your complaint available to the Lagos State Commissioner of Police, who is quite proactive and responsive. Note also, that, since the law was passed two years ago, the activities of these miscreants has been reduced, to a large extent.

LAWYERS REACT, DIFFER ON THE PROPOSED NEW CIVIL PROCEDURE RULES But his Ikorodu Branch counterpart, Mr. Bayo Akinlade, disagreed with Oloke, by welcoming the proposed rules.

“My argument is simple, first of all, default fees are so that litigants and Lawyers will be up and doing. After being served with a court process, some litigants will sit on it, rather than give it to their Lawyers, and sometimes, Lawyers too, after collecting a brief, delay in taking action, while the other party who filed the suit, is already in court going on with the case.

And when the other party is about getting judgement, the Defendant’s Lawyer will suddenly show up, and start argument about the right to fair hearing.

“So, the court is saying that, the habit of sitting on court processes must stop. So, instead of a default fee of N200 per day, the court is saying it is now N 1,000 per day. That is on the one hand.

“On the other hand, some Lawyers give a lot of excuses.

On the day of trial, they will not show up in court, and it is a mechanism to frustrate cases. But, the Lawyers that are complaining, I ask the question: These measures, are they not for you if you are for the Complainant or the Plaintiff? And if you are for the Defendant, who is up against a Complainant who just wants to hold somebody’s business with an injunction, are the measures not for you?

“So, what we are telling Lawyers is: if you are not ready to go to court, don’t go to court. Get all your facts and your witnesses ready, before rushing to court to sue somebody. That is the point that the Judiciary is making, because there are over 3,000 cases each year, and there are only about 56 judges, out of which only 40 are active. Only half of that 40 are hard-working.

And you have a situation where a Judge has over 600 cases in her docket; are they not human beings?

“So, we are telling Lawyers that, the cost of litigation will be high, so, don’t just go to court anyhow. Settle your disputes amicably, if you can.

“So, I am not in support of the protest against the new provisions. I’ m a Chairman of a Branch, and I have been involved in reforms in the Judiciary. So, if I talk, I talk out of knowledge, and I am not biased. Because if I can fight the Judiciary on the corruption of their members, I am not one to easily support the new rules made by the court, if they are against the poor.”

For the immediate past 2nd Vice President of the NBA,

Q: What is the difference between a catfish and a lawyer?

A: One is a bottom-dwelling, garbage-eating scavenger. The other is a fish. ˾˾˾ Q: What’s the difference between a lawyer and a vampire?

A: A vampire only sucks blood at night ˾˾˾ Following a distinguished legal career, a man arrived at the Gates of Heaven, accompanied by the Pope, who had the misfortune to expire on the same day.

The Pope was greeted first by St. Peter, who escorted him to his quarters. The room was somewhat shabby and small, similar to that found in a cheap B&B. The Lawyer was then taken to his room, which was a palatial suite including a private swimming pool, a garden, and a terrace overlooking the Gates.

The Lawyer was somewhat taken a back, and told St. Peter, “I’m really quite surprised at these rooms, seeing as how the Pope was given such small accommodation.” St. Peter replied, “We have over a hundred Popes here, and we’re really very bored with them. We’ve never had a Lawyer.” ˾˾˾ Q: What do you call 400 lawyers at the bottom of the Pacific Ocean?

A: A great place to start. ˾˾˾ I showed the damaged remains of my luggage to my Lawyer and said “I want to sue the airline” “You haven’t got much of a case”, he replied ˾˾˾ Rodney sat in his Attorney’s office. “Do you want the bad news first or the terrible news?” the Lawyer asked. “Give me the bad news first,” said Rodney.

“Your wife found a picture worth a half-million dollars,” said the Lawyer. “That’s the bad news?” asked Rodney incredulously. “I can’t wait to hear the terrible news.” “It’s of you and your mistress,” replied the Lawyer.

CONTINUED FROM PAGE 5

Monday Ubani, while not condemning the amendment, he said it must done in a balanced view.

“My position on the proposed rules is that, nature will always strive for improvement. We have rules that has been existence since 2012, and we have discovered that even though the intention or the objectives is to ensure speedy dispensation of justice, we still have issues that are a clog in the new rules. Some of them require fine-tuning that will ensure that we get at that central objective which is speedy dispensation, because we know what delayed justice has cost us a nation in the committee of nations.

So, there’s always room for improvement.

“So, I’m grateful, but I am very averse to some of the new rules specific provisions, which may likely trigger some levels of offences that are not intended by the amendment. The amendment process was not to trigger any offences, but when in the process of trying to do that you now singled out one of the stakeholders in the administration of justice, to now impose some of penalties that are considered draconian and selective, then it will not augur well for the smooth dispensation of the rules. Take for instance the issue of penalty that a Lawyer will be asked to pay a fine of N100,000 if he asks for adjournment, and all that without taking cognisance of the reason for request for the adjournment. I’m not ignorant of the fact that, some Lawyers purposely take up a case in order to delay, and they play all manner of funny games which all aim at delaying justice. The Judges have always had the discretionary powers to discipline erring Lawyers, or even impose some levels of penalties and all that. It’s already there in the rules. But, you must not in any way, make a blanket rules that anytimea Lawyer asks for an adjournment, you then impose penalty of N100,000. To me, that is selective and draconian, and it will actually distract from the central objective of the amendment.

“If the amendment is targeted at Lawyers, for the purpose of saying that Lawyers are actually causing delay in the administration of justice, I don’t think that it’s a fair view. It’s not a correct fair view, of what is causing delay. There are many issues that we need to address, with issue of policing. When you file a case, the issue of e-filing, it takes many days for you to file through that e-filing. You can’t even get a number instantly, you have to wait and go back and even give money. And if you do not have money to give to them, that means your file

will not be attended to. That issue, has not been addressed.

We have not addressed the issue of service of process; we have not addressed the issue of providing proof of service whenever you serve. So, there are many issues, which act as a clog in the wheel, even when a matter has not got to the court. I’m talking about from the filing of the process now, to assignment of cases, there are so many other clogs in the wheel, that any serious minded system has to deal with, in order to clear. But they have not dealt with all those processes, they are now singling out the proceedings itself. Yes, there are issues with the proceedings, but you must start from the foundation. Because if the foundation is destroyed, there is nothing the righteous can do.

“So, let’s take holistic look at our administration of justice system, and know whether we are doing it right, and where we have some defects, what should we do to correct those defects. And, I think that starting from the filing of the process to the assignment, and even to the proceedings, we have to take a holistic look, and then make sure that it’s a balanced view,a balanced objective, so that you don’t single out only one stakeholder to impose some punishments. Also on the issue filing out of time, instead of the N200 you pay per day, you are now to pay N1,000, that is punitive. All this will discourage people from approaching the throne of justice, making it impossible for those who have no money to come to court, in order to ventilate their grievances. And when this happens, they resort to self-help and other actions that are inimical to the health of the nation. So, I think that we must try to be a bit balanced in the amendment. I am not condemning the amendment, it is needed, there is always room for improvement. We cannot in any way, say that the one we have is solving the problems, there are still issues in it that need amendment.”

On his part, Ahmed Adetola-Kazeem, Executive Director of Prisoners’s Rights Advocacy Initiative said, rules evolves and once there’s a need to improve on the existing statute of body of laws, just like the rules of court, it is necessary that there is improvement on it.

“I think there should more engagement, so that we can have rules that will be acceptable to all. Everybody cannot be able to accept the contents of the rules, but it should be done in a way that, at least, most people will be very comfortable with it.

16/LAW

20.11.2018

23

T H I S D AY Ëž Í°ÍŽ, 2018

BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08024557078, 08152447875

ÍŻ Í´ Ë&#x153; Í° ÍŽ ÍŻ Íś MONEY MARKET OVERNIGHT OBB

REPO 7.17 % Í´Ë&#x203A;͹͹Ϲ

CALL 1-MONTH 3-MONTH

5% 8.88 % 9.08%

S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

347.03% 0.00% -0.25%

S & P INDEX 1/4 TO DATE YEAR TO DATE

-0.08% 5.33%

EXCHANGE RATE ͹͎ʹË&#x203A;;͎˚ͯ ĚŠ ĚŠ

Quick Takes CITN Seeks Tax-friendly Policies

COURTESY VISIT

L-R: National President National President, Nigerian Association of Chambers of Commerce, Industry, Mines and Agriculture (NACCIMA), Iyalode Alaba Lawson with the Executive Secretary, Nigerian Shippersâ&#x20AC;&#x2122; Council, Hassan Bello, during a visit by NACCIMA to the council in Lagosâ&#x20AC;Śrecently

Power: NERC Gives Conditions for Manufacturersâ&#x20AC;&#x2122; Offtake of Idle 2,000MW Stories By Chineme Okafor in Abuja The Nigerian Electricity Regulatory Commission (NERC) has indicated it will allow manufacturers in Nigeria under the aegis of Manufacturers Association of Nigeria (MAN) to procure and off take about 2000 megawatts (MW) of idle electricity from the electricity generation companies (Gencos) in the country under the eligible customersâ&#x20AC;&#x2122; regulation if they meet certain conditions.

NERC disclosed this in its first quarter 2018 evaluation report of the power market, obtained by THISDAY. The regulator said it was

ENERGY making good progress with its guidance of processes to allow the manufacturers take up the 2000MW unused capacities from the Gencos, but would only sanction it when MAN withdraws its pending court action against it and other parties in protest of the 2015 tariff.

It also explained that MAN would have to agree to pay outstanding debts owed electricity distribution companies (Discos) on account of the bodyâ&#x20AC;&#x2122;s opposition to the tariff.

MAN had instituted a legal action against the regulatory

commission in 2015 for reviewing electricity tariff upwards.

The association had stated then that the review was inimical to their operations and would only pay the Discos the old rates for power supplied to them.

However, at the enactment of the eligible customersâ&#x20AC;&#x2122; regulation which aimed to allow large power users bulk-purchase electricity directly from the Gencos, MAN indicated they would be willing to participate and take up about 2000MW of power that can be generated by the Gencos but not distributed by the Discos whose distribution networks are constrained to do.

The Discos had reportedly

kicked against the manufacturers participating in the new regulation but NERC and the ministry of power have rather engaged both parties in mediatory talks on this.

Providing an update of this in the report, NERC stated: â&#x20AC;&#x153;At the instance of the Minister of Power, Works and Housing, Mr. Babatunde Raji Fashola, a stakeholders meeting was held on 14th February 2018 to discuss how the average 2,000MW stranded generation capacity could be evacuated through Eligible Customer (EC) framework.

Continued on page 24

NEITI: China, Spain Leading Destinations of Solid Minerals from Nigeria Large portions of solid minerals mined from states across Nigeria in 2016, were exported free-on-board (FOB) to China, Spain, India, United Arab Emirates (UAE) and Thailand, an audit report on the operations of the sector recently released by the Nigeria Extractive Industries Transparency Initiatives (NEITI) has shown.

The report which put the financial value of the minerals exported to these countries and some others at $40,934,053, explained that despite Nigeriaâ&#x20AC;&#x2122;s abundant deposit of solid minerals, the sector was only able to provide jobs for 0.3 per cent of the countryâ&#x20AC;&#x2122;s population.

It equally indicated the sectorâ&#x20AC;&#x2122;s contribution to national Gross Domestic Product (GDP) at the period was a paltry 0.13 per cent.

ENERGY According to the report, China was the top the export destination with minerals valued at $21,951,529 sold to the country, while $10,838,958 worth of minerals was sold to Spain.

In addition, India, UAE and Thailand received minerals worth $, 641,450, $1,561,600 and $760,301, that were exported from Nigeria in the year under review.

The report noted that the total solid minerals mined in 2016 and upon which royalty was paid amounted to 41,874,611.02 tons, adding that production was accounted for on the basis of minerals consumed or sold with 56 covered extractive entities that met the materiality threshold accounting for 92 per cent of

the total production while the remaining 595 companies below materiality threshold accounted for the balance of eight per cent. â&#x20AC;&#x153;According to Nigeriaâ&#x20AC;&#x2122;s Mining and Metal Sector Investment Promotion Brochure (October 2017 edition) the solid minerals sector is currently contributing 0.3 per cent to national employment,â&#x20AC;? said the report which indicated that just about 10,908 were employed by the sector within the period.

It added that: â&#x20AC;&#x153;The government collected the sum of N43.22 billion from solid minerals sector in 2016. This represents 0.76 per cent of the total revenue of N5.68 trillion collected by government in 2016. â&#x20AC;&#x153;Nigeriaâ&#x20AC;&#x2122;s GDP in 2016 was N67.98 trillion, the economy having suffered a contraction of -1.51 per cent during the year.

The contribution of the solid minerals sector to GDP in 2016 was N87.61 billion representing 0.13 per cent of total GDP.â&#x20AC;?

Highlighting operational infractions that were documented in the audit, NEITI stated that none of the covered entities showed evidence they obeyed the countryâ&#x20AC;&#x2122;s law against degradation and abuse of the environment of their mining jurisdictions and made contributions to the Environmental Protection and Rehabilitation Fund because the government appeared not to have established the fund.

The Nigerian Minerals and Mining Act 2007, which was passed into law on March 16, 2007 to repeal the Minerals and Mining Act, No. 34 of 1999 for Continued on page 24

Chartered Institute ofTaxation of Nigeria (CITN) stressed the need for sustainable tax policies in the country.

The President of CITN, Mr. Cyril Ikemefuna, said this during the 39th induction ceremony held recently in Lagos. According to him, the renewed emphasis by government on taxes to fund its activities and projects through taxation is a welcome development. â&#x20AC;&#x153;There is a pertinent question that may be on the minds of people, at this point in time, which is the renewed emphasis by government to fund its activities and projects and developmental projects, â&#x20AC;&#x153;he said.

He explained the government decision was the right way to go and most sustainable source of revenue.

Ikemefuna further pointed out that developed countries have been able to leverage eďŹ&#x20AC;ective and eďŹ&#x192;cient tax system to develop their economies and promote good governance. â&#x20AC;&#x153;In ensuring our country beneďŹ ts from an eďŹ&#x192;cient tax system, tax professionals have a role to play to assist government,â&#x20AC;? he said.

He posited the role tax professionals should play is to ensure the countrybeneďŹ tsfromeďŹ&#x192;cienttaxsystemandalsoassistgovernmentS as well. Ikemefuna lamented the abysmal level of the tax collection in the country, when compared with other jurisdiction.

He,however,admonishedthenewlyinductedmemberstobeworthy ambassadors. â&#x20AC;&#x153;Every professional Institute has an appeal because of its members. CITN cannot be a strong and vibrant membership that believes in the ideals of the Institute, â&#x20AC;&#x153;Ikemefuna said.

Group to Organise Debate for Politicians

In order to hold political oďŹ&#x192;ce seekers accountable when elected, the Plateau Coalition of Business and Professional Association (PLACOBPA) has organised 2019 election debate for candidates cutting across all parties in the state. The Chairman of PLACOBPA, Mr. Cyril Ogboli, stated this in Jos while speaking with journalists about the programme. Ogboli said the essence of the election debate was to let the electorate know what stuďŹ&#x20AC; individual candidates are made of and to give opportunities to the common people to ask them speciďŹ cally what they stand to beneďŹ t if given the mandate. According to the PLACOBPA chairman, the coalition has already gone ahead to the headquarters of the Independent National Electoral Commission (INEC) to get the list of political parties and their candidates for 2019 elections so as to engage them.

He said that although the election debate would cost them a fortune toorganise,hewas,however,optimisticthattheywouldgetindependent funding.Forhim,PLACOBPAhadidentiďŹ edfourissuesmilitatingagainst the smooth running of businesses in Plateau, among which he said are; lack of peace and security which leads to unfavourable business environment for the business community in the state.

Ogboli, also listed multiple taxation as adding to the cost of doing business which causes a loss of revenue to the government.

He believes also that lack of a central market which encourages street trading, hawking and so on, leads to a loss of revenue accruing to government which leads to other negative social vices in society.

The areas of concern of PLACOBPA were identiďŹ ed as creation of standard designated parks, power supply, access to ďŹ nance/microďŹ nance and sanitation.

Heritage Supports Youth Devt.

Heritage Bank Plc has restated its commitment to youth and sport developmentinthecountry. TheMD/CEOofHeritageBank,IďŹ eSekibo aďŹ&#x192;rmed this at the just concluded 14th edition of the West African Universities Game (WAUG) held in Port Harcourt at the University of Port Harcourt. The bank recently supported the premier edition of Africa Freestyle Football Championship and continued to sponsor youth entrepreneurial initiatives, particularly,The NextTitan,â&#x20AC;? a reality television show. Sekibo, who was represented by a Senior Manager, Oladapo Lawal stressed that the ďŹ nancial institution has strong desire to see young Nigerians succeed in other areas other than what they studied in school, whilst urging government at all levels and private institutions to pay closer attention to sponsorship and innovation.

He stated that Heritage Bank, as the sponsor ofWAUG, was working assiduously towards achieving its vision to become a bank of national reckoning for which it was established.

â&#x20AC;&#x153;Nigeriaâ&#x20AC;&#x2122;s under-performance is attributable largely to the many economic and political structural fault lines that limits its ability to sustain growth, create jobs and achieve real poverty reductionâ&#x20AC;?

PDP, Presidential Candidate, Atiku Abubakar

24

T H I S D AY Ëž Í°ÍŽË&#x153; Í°ÍŽÍŻÍś

BUSINESSWORLD POWER: NERC GIVES CONDITIONS FOR MANUFACTURERSâ&#x20AC;&#x2122; OFFTAKE OF IDLE 2,000MW

â&#x20AC;&#x153;In attendance were the MAN, TCN, Discos, Gencos, and NERC among others.

At the end of the meeting, a communique was issued highlighting the resolutions passed at the meeting. â&#x20AC;&#x153;The resolutions included: NERC to follow up on the agreement reached concerning the need to withdraw the pending cases instituted in the law courts by MAN against NERC and other parties; NERC to follow up on the agreement that parties concerned should resort to negotiations and dialogue towards the payment of the outstanding debts owed Discos by MAN. â&#x20AC;&#x153;NERC further reminded MAN that the implementation of these resolutions is precedent to granting approval for eligible customer status.â&#x20AC;?

NEITI: CHINA, SPAIN LEADING DESTINATIONS OF SOLID MINERALS FROM NIGERIA

the purposes of regulating the exploration and exploitation of solid materials in Nigeria, provided for the establishment of an â&#x20AC;&#x2DC;Environmental Protection and Rehabilitation Fundâ&#x20AC;&#x2122; for the purpose of guaranteeing the environmental obligations of holders of mineral titles.

But NEITIâ&#x20AC;&#x2122;s audit stated: â&#x20AC;&#x153;We noticed that none of the extractive entities showed any evidence of contributions to the Environmental Protection and Rehabilitation Fund in accordance with Section 121(4) of the Minerals and Mining Act, 2007. â&#x20AC;&#x153;The government (MMSD) should facilitate the establishment of the Environmental Protection and Rehabilitation Fund so that mineral title holders meet their environmental obligations.â&#x20AC;?

It also added: â&#x20AC;&#x153;None of the operators visited provided the audit team with records of accidents, dangerous occurrences and diseases as required by Section 140 of the Mining Regulations 2011. The Mines Inspectorate Department (MID) should compel operators to comply with the provisions of the law.â&#x20AC;?

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

Stakeholders Want PEF Expunged from PIGB, Refineries Privatised Chineme Okafor in Abuja

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nationâ&#x20AC;&#x2122;s Capital) Chineme Okafor (Energy) Ebere Nworji (Insurance) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (e-Business

the most of the opportunities available in its downstream oil and gas sector. â&#x20AC;&#x153;Determined to achieve optimum efficiency from market potentials, industry stakeholders are advised to embrace synergy within and beyond national boundaries as a means of fully optimising their operations across the downstream value chain,â&#x20AC;? said an excerpt of the communique.

It further stated with regards

to Nigeria: â&#x20AC;&#x153;Acknowledging the recurring losses resulting from sub-optimal refining operations, stakeholders call on government to fully privatise the refineries to return them to profitability. â&#x20AC;&#x153;Worried that retention of the Petroleum Equalisation Fund (PEF) in the Petroleum Industry Governance (PIG) Bill signals continued price regulation in the fuels market, operators call on the legislature

to expunge all provisions from the PIGB that constrain market freedom to ensure development of downstream petroleum in Nigeria.â&#x20AC;?

They explained that they were convinced full deregulation could catalyse development of the downstream petroleum sector across the continent, and urged African governments to fully deregulate the market from price caps and all forms of control.

The stakeholders equally noted their concerned about environmental hazards posed by fuels currently imported into the continent, and West African sub region, and thus asked its governments to enforce policies on desulphurisation of fuels imported into West African countries and direct that only petroleum products with 50 parts per million (PPM) or less can be imported into their countries.

Some stakeholders in Nigeriaâ&#x20AC;&#x2122;s oil industry have asked the National Assembly to expunge the Petroleum Equalisation Fund (PEF) from the recently legislated Petroleum Industry Governance Bill (PIGB).

According to them, the PEF would be useless in a deregulated downstream petroleum sector.

They made this call at the just concluded 2018 edition of the annual Oil Trading and Logistics (OTL) Africa Downstream.

They argued that retaining the PEF â&#x20AC;&#x201C; an agency of the government which settles bridging claims for petrol supplied across Nigeria, would signal continued price regulation in the fuel market.

They equally asked the federal government to immediately privatise fully the refineries of the Nigerian National Petroleum Corporation (NNPC) in order to return them to optimal operation.

The OTL is a Pan-African initiative dedicated to the promotion of business, policy and stakeholder relationship in downstream petroleum markets across Africa.

It equally achieves its goals through strategic government and business liaison, research and advocacy.

According to a communique at the end of the conference in Lagos, which obtained by THISDAY, experts at the OTL Africa Downstream Week, L-R: Past President, Chartered Institute of Personnel Management (CIPM), Mr. Anthony Arabome; President, Mr. Udom Inoyol; Director, stressed the need for countries OďŹ&#x192;ce of the Director General, Standard Organisation of Nigeria, Mr. Richard Agu and Vice President CIPM, Mr. Wale Adediran, during in the continent to initiate inauguration of the new standard resources management in Abuja...recently temitope balogun market-based policies to make

PROMOTING STANDARDS

NITDA, UNILAG Sign MoU to Boost IT Implementation, Regulation Emma Okonji The National Information Technology Development Agency (NITDA), the government agency responsible for the development, implementation and regulation of Information Technology (IT) policies in Nigeria, in collaboration with the University of Lagos, has commenced the process of raising IT lawyers in the country.

The lawyers would be empowered to drive the implementation of IT policies in Nigeria.

In order to facilitate the objective, NITDA at the weekend in Lagos, signed

a five-year Memorandum of Understanding (MoU) with the University of Lagos.

The Director-General of NITDA, Dr. Isa Ibrahim Pantami, signed on behalf of NITDA, while the Vice Chancellor of the university, Professor Oluwatoyin Ogundipe, signed on behalf of the university.

According the Pantami, while NITDA would be responsible for selection and sponsorship of the IT Law students at the Masters and Doctorate levels, the university would be responsible for the academic training of the selected students on IT law, ICT law and cybersecurity law.

Pantami, said the move became necessary in order to address the shortage of specialised IT lawyers in the country, who were supposed to implement government policies across the country.

He blamed the nonimplementation of the 2006 federal government order on the patronage of locally produced computer hardware and software on lack of sufficient IT lawyers to implement the order, saying the move to build capacity would address such anomalies.

Pantami, however allayed fears that the move would result in witch-hunting of

organisations in the government and public sectors who fall short of obeying government orders on IT polices implementation and advised IT Law students to be diligent in their studies and take the opportunity of the sponsorship offered

by NITDA very seriously.

Asked why beginning the training with the University of Lagos, Pantami said NITDA could patronise any university in the country on the training, but decided to patronise those that are well established with sufficient training facilities and manpower, whose certificates are well respected within

and outside the country. â&#x20AC;&#x153;It is based on these criteria that we selected the University of Lagos, University of Nigeria and Bayero University, Kano, while beginning the signing of the MoU with the University of Lagos,â&#x20AC;? Pantami said.

In his response, Ogundipe thanked NITDA for extending the training programme to University of Lagos, which he said, remained the university of first choice, and promised to maintain the programme and offer the students the opportunity to learn better.

He pleaded with NITDA to invest in the universityâ&#x20AC;&#x2122;s ICT Centre, brand it and provide more computers for the centre.

â&#x20AC;&#x2DC;Microgrid Key to Addressing Power Outagesâ&#x20AC;&#x2122; Ugo Aliogo

AgriBusiness/Industry Editor

Jonathan Eze

NEWS

The Senior Application Leader, Microgrid Energy Systems, Eaton Technologies, Bunty Kiremire, has stated that Microgrid Energy Systems remains vital in addressing power outages in the country.

Kiremire, who disclosed this recently in Lagos, at a meeting, said currently only between 40- 50 per cent of Nigerians have access to electricity.

He added that a move to a more distributed energy model

would help in meeting energy demand in the country more effectively. â&#x20AC;&#x153;Currently only between 40- 50 per cent of Nigerians have access to electricity, and the Nigerian electricity/ power system suffers from reliability with an average of 4,600 power outages per year. Electricity costs are also high,â&#x20AC;? he noted.

He also noted that Microgrid proliferation in a market like Nigeria would solve challenges which he said included an opportunity to bring sufficient,

cost-effective and reliable electricity to a large number of people.

Kiremire, further stated that generation units which are closer to the load and to the customer could be built, adding that this does not require investment in long transmission, distribution networks and eliminates issue of access to electricity.

He added: â&#x20AC;&#x153;There is going to be a significant business case to increase renewable sources and micro grids in

the country, particularly in the area of distributed energy. â&#x20AC;&#x153;Nigeria has close to 20,000 megawatts of power produced by diesel or gas generators.

This provides a clear opportunity for introducing or combining the existing capacity into microgrids as well. â&#x20AC;&#x153;This will also optimise the cost of energy and allow faster electrification of communities the grids could not access previously. â&#x20AC;&#x153;If microgrid projects continue to meet analyst estimates, we will be relying more on stored

and renewable energy. â&#x20AC;&#x153;Every application for a community, business or military base is unique and customised solutions can help optimise, build and maintain an automated, secure and costeffective renewable energy and storage project. â&#x20AC;&#x153;It is important to consider supplier expertise, experience, business stability and success with prior projects. A vendorâ&#x20AC;&#x2122;s past projects can be indicative of the depth of solutions experience.â&#x20AC;?

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ENERGY

As NNPC Returns to Loss-making Streak The Nigerian National Petroleum Corporation may have returned to its old loss-making operation after the positive performance it recorded between February and July this year, writes Chineme Okafor For six months â&#x20AC;&#x201C; between February and July 2018, the NNPC recorded trading surpluses from its operations after so many periods of recording deficits on its operations.

However, it could not sustain the feat after the sixth month and has thus slipped into making losses once more.

Looking more like a tradition of the state run oil company, the recently released August 2018 edition of the monthly financial and operations report of the NNPC, disclosed that the corporation has reversed its profit-making trend with a N3.90 billion operational deficits incurred within the period.

The report showed that from N16.72 billion surplus in February; N11.73 billion in March; N17.16 billion in April; N18.12 billion in May; N7.15 billion in June; and N4.88 billion in July, the NNPC came down to recording a N3.90 billion trading deficit in August.

Interestingly, the corporation recorded the surpluses when Brent crude oil traded at an average of $65.32 per barrel in February; $66.02 in March; $72.11 in April; $76.98 in May; $74.4 in June; $74.25 in July, and then the deficit when oil traded at $72.53 in August.

Brent Crude is the worldâ&#x20AC;&#x2122;s leading price benchmark for Atlantic basin crude oils. It is used to price two thirds of the internationally traded crude oil supplies.

According to the report, about eight of NNPCâ&#x20AC;&#x2122;s subsidiaries have largely been responsible for the operational deficits recorded in its books.

These subsidiaries have by their weak and unprofitable operations ensured that the profit streak the corporation embarked on in February eventually ended in August, despite the healthy prices of crude oil in the international market.

From the report obtained by THISDAY, the subsidiaries with poor operational showings which ended the back-to-back profit records of the NNPC, were the three refineries: Warri, Port Harcourt and Kaduna.

They collectively incurred an operational deficit of N10.79 billion, making them one of the largest loss-making subsidiaries of the corporation.

Following the refineries in the other lossmaking record, were subsidiaries such as the Nigerian Pipelines and Storage Company Limited (NPSC) which is charged with the task of building, maintaining and managing petroleum pipeline and storage infrastructure of the NNPC across Nigeria. The NPSC, also manages the transmission and storage of petroleum products by NNPC. Other loss-making subsidiaries were the NNPC Shipping; the NNPC Ventures and the corporationâ&#x20AC;&#x2122;s corporate headquarters.

Collectively, they contributed to the N3.9 billion deficit the corporation had in August.

In its description of the situation, the NNPC stated: â&#x20AC;&#x153;This 37th edition of the report indicated a trading deficit of N3.90 billion which is 179.87 per cent lower than the previous monthâ&#x20AC;&#x2122;s surplus of N4.88 billion.â&#x20AC;? â&#x20AC;&#x153;This drop in performance month-onmonth is principally attributable to the drop in performance of NPDC owing largely to revenue decrease and higher expenditure level when compared to previous month in July 2018.â&#x20AC;?

The corporationâ&#x20AC;&#x2122;s reasons for the deficit in August were however different from the reasons it gave for a reduced profit in July to N4.88 billion from N7.15 billion in June. It had stated in its July report that its decline in profitability was mainly due to reduction in downstream revenue especially, from its Shipping and NPSC subsidiaries.

Further, a study of the operations reports in the last six month showed that the eight subsidiaries have consistently maintained deficit records in their operations.

Refineries Still Unproductive Of its subsidiaries that have challenged it the most, the report showed indicated that the refineries have remained tough nuts for the corporation to crack.

Accordingly, they have mostly produced less

Baru

and incurred more costs to the corporation.

For instance, in its August report, it explained the refineries production amounted to 21.51 million litres of petroleum products as against the 38.64 million litres produced in July 2018.

They also incurred an operation loss of N10.79 billion in August. â&#x20AC;&#x153;The corporation has been adopting a merchant plant refineries business model since January 2017. The model takes cognisance of the products worth and crude costs. â&#x20AC;&#x153;The combined value of output by the three refineries (at import parity price) for the month of August 2018 amounted to N8.67 billion while the associated crude plus freight costs and operational expenses were N9.78 billion and N9.68 billion respectively. â&#x20AC;&#x153;This resulted to an operating deficit of N10.79 billion by the refineries.â&#x20AC;?

Further in the month of August 2018, the report stated that only the Warri and Port Harcourt refineries produced 53,881 metric tons (MT) of finished petroleum products and 8,017MT of intermediate products out of the 56,804MT of crude processed at a combined capacity utilisation of 3.02 per cent compared to 4.83 per cent combined capacity utilisation achieved in the month of July 2018.

It added that the lower operational performance recorded was as a result of the ongoing revamping of the refineries which it noted is expected to further enhance capacity utilisation once completed.

Again, in the month of July, the report stated that the combined value of output by the three refineries (at import parity price) amounted to N13.78 billion while the associated crude plus freight costs and operational expenses were N15.64 billion and N8.59 billion respectively.

This thus resulted to an operating deficit of N10.45 billion by the refineries.

According to the July report, only the Warri and Port Harcourt refineries produced 90,872MT of finished petroleum products and 49,350MT of intermediate products out of the 90,872MT of crude processed at a combined capacity utilisation of 4.83 per cent compared to 20.66 per cent combined capacity utilisation achieved in the month of June 2018.

For the month of May 2018, the report noted that the three Refineries produced 214,328MT of finished petroleum products and 131,810MT of intermediate products out of the 378,634MT of crude processed at a combined capacity utilisation of 20.12 per cent compared to seven per cent achieved in the month of April 2018.

It equally noted that the combined value of output by the three refineries (at import parity price) for the month of May 2018 amounted to N58.28 billion while the associated crude plus freight costs and operational expenses were N64.86 billion and N13.5 billion respectively, thus resulting to an operating deficit of N20.09 billion by the refineries.

Except for April, the report stated that the refineries poor showings continued in March and February.

In April, it explained that the three of them produced 252,843MT of finished petroleum products and 177,976MT of intermediate products out of the 127,476MT of crude processed at a combined capacity utilisation of seven per cent.

It equally noted that the combined value of output by the three refineries (at import parity price) for the month of April 2018 according to the report amounted to N33.74 billion while the associated crude plus freight costs and operational expenses were N20.30 billion and N12.52 billion respectively, resulting to an operating surplus of N0.93billion by

the refineries.

Expertsâ&#x20AC;&#x2122; Opinion Speaking with THISDAY on the development, Mr. Dan Kunle, an energy and infrastructure finance expert, stated that the operational current structure of the NNPC does not guarantee it will be profitable in its operations.

Kunle, explained that the NNPC should not be compared with the Nigerian Liquefied Natural Gas (NLNG) Ltd, a company he said has an enviable profit-making model, saying the Nigerian state has not deemed it fit to allow the NNPC operate independently and accountably. â&#x20AC;&#x153;Yes, I am not surprised at all (that the NNPC is back to operational deficits). NNPC as it is currently configured and managed cannot make profit.

Only NLNG is profitable. All other NNPC subsidiaries are running at a loss because they are managed by NNPC, and NLNG is managed by Shell from Netherlands and others. Until we privatised all the business units in NNPC, it may not make profit,â&#x20AC;? said Kunle.

Kunleâ&#x20AC;&#x2122;s views were shared with other experts who suggested that the NNPC may have stopped enjoying the cushion they had from healthy prices of crude oil because of rising shortfalls in its other operations, mostly importation and supply of petrol, as well as, its malfunctioning refineries.

Lagos-based financial advisory company, economic research and analyses firm - Financial Derivatives Company (FDC), stated that Nigeriaâ&#x20AC;&#x2122;s low capacity to locally refine the petrol it uses to run its economy would deny her the benefits she could have gained from the rising price of crude oil, as she spends money subsidising petrol consumption locally.

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INTERVIEW

Momoh: Access to Loans Still Challenge for Farmers The Chief Executive Officer of Blaid Farms Limited, a mechanised farm that is situated on 48-hectares of land in Abuja, Mrs. Ochuko Momoh, in this interview says the agriculture sector has the ability to transform the fortunes of the Nigerian economy.

Momoh believes that the country will generate more revenue by exporting food than crude oil if agriculture is taken seriously, just as she expresses concern that access to credit remains a challenge to the sector. Obinna Chima brings the excerpts:

Momoh

What do you think is the state of agriculture in Nigeria today?

Agriculture in Nigeria has a lot of potential, but the truth about it is that there are also a lot of restrains. One of the major one is finance. Yes, every day we hear in the news that there is agriculture loan, but the process of accessing such loans frustrates you. When you sell to a banker this dream that I have been called into, they look at you as if you donâ&#x20AC;&#x2122;t know what you are saying and wonder how many years it would take them to recoup their investments. But I keep telling them (bankers) that the thing about agriculture is that the profit comes gradually even if it is small. But your focus as a farmer should be that you are feeding people and creating employment. I had this land for almost six years, but getting the finance was very frustrating. Like I said earlier, the process of getting agriculture loan is very frustrating. For instance, to access agriculture loan, one of the requirements is that you must first have an existing farm. Somebody wants a loan to set up a farm, but they are saying a first criteria is that the person must have an existing farm. Of course, we had the land, but we didnâ&#x20AC;&#x2122;t have anything on the land. So, I had a relationship with Standard Chartered Bank and I told them what I wanted to do. We sat down, did all the estimates and how many years it would take to pay back. They made me to understand that their main concern was that people divert funds. That is, some would collect loan for something and divert it to something else. So, I told them I was ready for them (the bank) to visit the farm monthly to monitor the progress of work on the farm.

They didnâ&#x20AC;&#x2122;t give me the entire money at once,

GODWIN OMOIGUI

they gave it to me as required. So, there is a lot of potential for agriculture in Nigeria. Our agriculture technology is still very backward.

The world has gone very far. I can categorically say that right now; I am the only farmer that has a hydro-tank fish farming system. Most people do pond fish and cat fish, but there are other things to fish farming. Of course, when you increase your technology, it helps the population. We actually have a dream of exporting. Our dreams are very big and as far as we are concerned, this is just the beginning.

We are happy the bank is now seeing value in what we are doing. The bank actually brings it customers here these days to showcase what we have done. Of course, interest rate is higher than what we would have gotten as agriculture loan, but at least we have started.

Are you not aware of schemes such as the Commercial Agriculture Credit Scheme and several other initiatives by government to support farmers in the country?

The process is too long. To get the loan can take you over eight months. Go and find out.

It is a very long process. Go to the banks to find out how many people have gotten this loan. Let the SME operators show you a farm that is existing from funds that were gotten from the agriculture scheme. Sometimes, they tend to support those with one or two hectares.

But such kind of farms cannot feed a village.

We are talking about supporting farms that can feed very large number of our population. I tell people that Nigeria would generate more revenue by exporting food than crude oil if we take it seriously. Export is another issue in Nigeria. You would not believe that we got markets for our

products in Ghana, but we cannot export these products. Why canâ&#x20AC;&#x2122;t we export? The airlines alone, because these are perishable things â&#x20AC;&#x201C; tomatoes, lettuce - and so they must go by air and not by road. First of all, the airline is charging you $1.30 to carry just one item to Ghana, not the United States and not London. That is not bad enough. Then all the government taxes you have to pay comes to $2.50. So, to export one kilo of cucumber comes to $3.70. Now, you have not talked about the amount the person that is selling in Ghana is going to clear it with. So, to export one kilo of cucumber, we have to pay $3.70. How much is the cucumber? N300! So, luckily, we are still struggling to satisfy the Abuja market. Our customers from Accra have been calling and I have told them about the challenge we are facing.

the fish, so we must use the generator. These are the things that frustrate business. Another thing is import duties. You hear on the news always that farm equipment attracts zero duty and some 10 per cent duty. But the Customs official will tell you that the farm equipment you brought in is made of steel and that steel is contraband, so you would be required to pay duty. Is a bird cage not made of steel?

You cannot believe how much we pay as duty levies to clear containers. So, these are all the things that frustrate any business.

Earlier you said agriculture is still backward in Nigeria. What kind of reforms do you think should be initiated to transform the sector?

Firstly, there is need to increase power supply.

When we started production on this farm, the first bill we got was about N100,000, the following month it went up to about N200,000 and presently, we get monthly bill of N420,000 monthly, and they have increased the tariff. We sought to know why they increased the tariff, and they said the order came from above, that tariff in all farms should be increased. So, we have decided to do solar. I am working with a company to achieve that and I am going to cut off from the power distribution company completely because in a month we spend about N7 million on diesel alone. That is because all the hi-tech equipment need power to run. When we even manage to get power, the voltage hardly carries all the equipment. Power from the Disco cannot carry

So, what do you think should be done to start producing seeds in this country?

I think someone in the private sector has to establish a plant to produce and develop varieties of seeds. It is all about science and technology and it is a very big investment.

It takes many years before you develop a variety of consistent local weather condition, soil condition and other things. So, I believe it is not something the government should be involved in, that is why I would support that a private entity should invest in it and develop this kind of plant that can produce varieties of seeds of vegetables.

Why do you import the seeds you plant?

We import the seeds because there is no company in Nigeria that produces vegetable seeds. All the seeds in Nigeria are imported.

What kind of support do you think Blaid Farms requires to enhance its output?

It is basically financial support. That is because Continued on page 27

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BUSINESSWORLD

INTERVIEW

MOMOH: ACCESS TO LOANS STILL CHALLENGE FOR FARMERS we can make it work. So, because we know that we have off-takers, we are going to do another hectares of irrigation. What makes farmers not to be able to plant all-year round is lack of water. All the crops we are cultivating are all-year production, the eggs, the vegetable, lettuce, as well as our fish, are all-year round production. We donâ&#x20AC;&#x2122;t stop production due to seasonal effects and we harvest almost every day. So, all the crop we are doing, we have the green house and so the weather condition doesnâ&#x20AC;&#x2122;t affect it. We harvest our lettuce every 21 days and we have eight cycles in a year for the production of lettuce. This is an integrated farm and if one crop doesnâ&#x20AC;&#x2122;t do well, others will cover your cost of production. But we try to make sure all of them generate the expected income.

if you see our chicken house, we are doing it in stages because of finance. Just yesterday we were able to pay for the second birds coming to the chicken house because of the house has 13,200 birds, which is costing us over N18 million, just for the birds. So, it is basically finance that has made it such that even though we have the land, we have not been able to expand.

If we have the money, we can prepare to put another two hectares of the greenhouses. We canâ&#x20AC;&#x2122;t meet the demand for eggs also. So, it is because we donâ&#x20AC;&#x2122;t have the finance that we are not able to expand. We just raised another money from Standard Chartered Bank and so we are doing the second chicken house. We are not even thinking about the third chicken house because of finance.

The Blaid Group has always been known for construction and real estate, at what point did you conceive the idea of setting up a farm?

I would always say that right from when I was small, farming was compulsory in our home. Then, my mother would plant tomatoes and make sure I harvest them. For me, then, I thought I was being punished because I didnâ&#x20AC;&#x2122;t like the whole idea. So, when I got this property, which is on 48 hectares of land, from the local government. Initially I wanted to do an estate, because for me I like property, but one day the idea of making the place a farm home came before one of the engineers at Blaid Group advised me that we should use the land for farming. So, I decided to send Engineer Tosin Oyewole, who is now the General Manager of Blaid Farm on a six-month training. For me, anything I want to do, I want to have knowledge of that business. So, in the process, he met somebody that knows Mr. Reuven Cohen, an Isreali expert in farming. So, I met him and we kicked off. He took me and some of my staff to Isreal where went to understudy some farms, we saw the equipment and how things are done. The thing I do with my staff is that I make sure that are involved and I give them responsibility to feel they are part of the business. That was why when I was going to Isreal, I went with some of them, Tosin and Mr. Manuel, so that they would see

Momoh

things themselves.

What is your projection in the next ďŹ ve years?

In five years, I want to be able to own 300 hectares of farmland. We are working on having orchards, 30 hectares of banana plantation and 30 hectares of farm plantation and in that way, you are able to feed every one. I am getting demand for eggs and other farm produce from Lagos, Port Harcourt, Ibadan, but I canâ&#x20AC;&#x2122;t meet the demand. So, we would keep developing the farm. There is a lot of potential, not only for the local market, but for import as well.

But there is need for appropriate government policies.

How are you able to sustain all-year

round farming unlike the tradition farming system where farmers have to wait for dry or rainy season to plant certain crops?

One thing I found out in Israel is that even though it is a desert, they have the best food in the world. But they do a lot of irrigation. So, all-year round â&#x20AC;&#x201C; whether dry or rainy season, we are cultivating. Everything is automatic. That is one technology I discovered in Israel that is very useful here, especially in the north where we do not have enough rain as the southern part of the country. Shoprite has come to us and given us a lot of things they want us to plant for them. So, we are going to do another three hectares of irrigation and we have imported the equipment, specifically to meet the request of Shoprite. That is because they have seen that

What are the advantages of the Recycling Aquatic ďŹ sh farming system you have set up in your farm compared to the traditional farming system?

This system can give us 15 tonnes more than the local fish farming system. That is because oxygen is supplied all the time to the fish.

Tilapia mainly is very sensitive to oxygen. It is not like the catfish. Catfish doesnâ&#x20AC;&#x2122;t care about oxygen. Tilapia requires enough oxygen, clean water and feed to grow. Here, everything is measured. We test the water and if the PH is higher, we change it. The system requires power 24 hours and there is an emergency bottle for oxygen in case there is no automatic oxygen to sustain the fishes a bit longer. So, itâ&#x20AC;&#x2122;s a hi-tech system. The system requires only two people to operate it, unlike the traditional method that requires a lot of people. It delivers 20 tonnes per year.

In terms of corporate social responsibility, what is your relationship with the host community?

Apart from our key staff that have degree in what they are doing, all other staff are from the community. We feel that we must give back to the community. So, we do give back to them. We have constructed a bore hole for the community and I can gladly say the community chief is very happy with us.

ESET, Airtel Unveil New App Jadesimi:Respect,EqualityKey Tecno Mobile to Launch New for Smartphone Users to Sustainable Partnership Smart Phone Nosa Alekhuogie A security solution company, ESET has launched a new mobile security app that was specially designed for Airtel subscribers.

The Country Manager of ESET, Mr. Olufemi Ake, made this known during the ESET Mobile Security, Airtel edition launch held in Lagos recently.

He said the mobile security application would provide smartphone users with features for prevention and management of cyber risks associated to android mobile devices.

He said there was need for the average smartphone users in Nigeria to install mobile security apps on their phones, especially in this age where cyber criminals steal personal data online.

The country manager added that the first telecom-focused security product was optimised for Android and also for bringing both unmatched performance, coupled with proactive protection.

According to Ake, â&#x20AC;&#x153;The new ESET mobile security for Airtel also welcomes the brand-new premium features such as AntiPhishing, which protects against malicious websites attempting to acquire sensitive information â&#x20AC;&#x201C; usernames, passwords, banking information or credit card details.

â&#x20AC;&#x153;It also features anti-theft, which locks a device upon detection of suspicious behaviour or when unauthorised SIM is inserted. â&#x20AC;&#x153;The security app also has the Remote Lock feature, allowing a device owner to lock his or her phone remotely, thereby preventing unauthorised access to all stored information, including photos and emails. â&#x20AC;&#x153;It also has the SMS and Call Filter feature, which enables smartphone owners to solely receive the calls and messages that they want and also empower them to define the sender and the time to receive SMS or calls with time-based call management.â&#x20AC;?

Ake, noted that the ESET Mobile Security product already exists globally on Google Play Store with over ten million downloads.

He explained that the app also offered precise detection of known and unknown mobile threats with complement of advanced features such as anti-theft, security audit, app lock, SMS and call filter and password protection, among others.

The Chief Commercial Officer, Airtel Nigeria, Mr. Dinesh Balsingh, said the partnership with ESET affirmed the commitment of his organisation to protecting customers from cyber criminals.

Eromosele Abiodun The Managing Director of Lagos Deep Offshore Logistic Base (LADOL), Dr. Amy Jadesimi has described respect and equality as the key to successful and sustainable partnership in any business environment, particularly in high growth and low income market.

Jadesimi, stated this at the just concluded P4G 2018 Summit in Copenhagen, Denmark, where she was one of the speakers on a panel.

According to her, â&#x20AC;&#x153;we need to have equitable partnerships between local/ international companies and between private and public sector - respect and equitability is key to successful and sustainable partnerships.â&#x20AC;?

On the issue of financing, Jadesimi urged the P4G to support a universally accepted rating/benchmarking system that would enable investors include sustainability in credit rating analysis as a key criterion. â&#x20AC;&#x153;Sustainability equals profitability, therefore highly sustainable companies should get funding. â&#x20AC;&#x153;Even if sustainable companies do not meet the currently popular but highly restrictive and negative yielding definitions of bankability, this new benchmark would ensure that the right companies get funding

Ugo Aliogo and that their investors benefit from higher returns. â&#x20AC;&#x153;Private indigenous companies in high growth / low income countries are suitable investment vehicles. â&#x20AC;&#x153;Investors in NYC are tired of having to invest in negative yielding assets and we now know that sustainability equals profitability - so this type of benchmarking will grow the markets and truly enable us all to do well by doing good.â&#x20AC;?

She added: â&#x20AC;&#x153;Going forward LADOL will be diversifying and targeting a range of clients from agriculture to general manufacturing. We want to attract the brightest companies and people into LADOL to partner, engineer and manufacture new industrial solutions for the worldâ&#x20AC;&#x2122;s fastest growing markets, that is, countries in Africa.â&#x20AC;?

Jadesimi, reiterated her commitment to regional African collaboration, saying: â&#x20AC;&#x153;I believe in a strong United Free market AU, where African countries collaborate to build our local markets by sharing ideas, people, resources and markets. â&#x20AC;&#x153;Strong governments in African countries and indigenous private companies will then be in a position to form equitable international partnerships, based on an alignment of incentives, mutual respect and shared long-term vision.

TECNO Mobile is set to launch an additional product to its camera-centric Camon smartphone series.

According to statement made available to THISDAY by the Strategic Partnership Manager, Tecno Mobile, Mr. Jesse Oguntimehin, the phone giant would be dabbling into the Artificial Intelligence (AI) space as it is set to unveil its first ever AI camera smartphone. â&#x20AC;&#x153;If you are a selfie lover, photography enthusiast or tech-savvy individual, then this is information you will find insightful.â&#x20AC;?

The statement also noted that like its predecessors, the new CAMON was set to be launched with higher pixels, powerful sensors and advanced auto focus.

The statement further explained that these features would make it perform well as far as taking selfie-shots in bright and low-light scenarios was concerned.

Oguntimehin, in the statement added that although the features are amazing, the manufacturer was specifically looking forward to the AI feature â&#x20AC;&#x153;and we can tell it means more juice is offered to the photographic ability of the Camon series.â&#x20AC;?

According to the statement:

â&#x20AC;&#x153;With a rumoured release date of November 19, the new CAMONis suspected to come with a 24MP AI selfie camera with adjustable flashlights. â&#x20AC;&#x153;However, we are looking forward to see how this will push forward the ability of the most popular Adnroid Samrtphone camera in Africa. â&#x20AC;&#x153;Talking about display and design, we expect the new CAMON to be slicker and slimmer, perhaps with a notch.Will the finger print be on the screen, behind or beside the phone? We canâ&#x20AC;&#x2122;t wait. â&#x20AC;&#x153;The device will most likely come with AndroidTM 8.1 (Go edition) operating system and theGoogle Assistant, which means users are able to give instructions to the phone without having to touch it. â&#x20AC;&#x153;TECNO smartphones are noted for having high-end features without the highend price, therefore the new CAMON is expected to be made available at a valuefriendly price tag. â&#x20AC;&#x153;While we anticipate the release of this smartphone, this is the year we are seeing TECNO launch three different CAMON devices. Weâ&#x20AC;&#x2122;ve had the Camon CM, Camon X and now another Camon. What will it be called? Camon X1.â&#x20AC;?

28

T H I S D AY ˾ TUESDAY NOVEMBER 20, 2018

PROPERTY & ENVIRONMENT AfDB to Invest in Infrastructure Private Equity in Nigeria, Other African Countries Bennett Oghifo The Board of Directors of the African Development Bank has approved its third equity investment of US$40 million in Africa Infrastructure Investment Fund (AIIF3), a closed-ended pan-African infrastructure fund managed

by South Africa-based Africa Infrastructure Investment Managers (AIIM).

This is according to a statement by AfDB, which described AIIM as one of Africa’s most experienced infrastructure fund managers, saying “The Fund will focus on acquiring positions of significant influence in roads, bridges, airports, rail links, ports, logistics, power generation, utility distribution, as well as telecommunication assets.

AIIF3 boasts an extensive pipeline of bankable or near-bankable infrastructure projects. Having reviewed hundreds of potential investments, AIIM has narrowed down a pipeline of circa US$ 500 million, including key projects such as: Bugesera Airport, Libreville Bypass, and Kampala-Jinja Expressway.

The proposal represents the Bank’s third investment with this fund manager, following a 1996 investment in SAIF and a 2010 investment in AIIF2. With this, the African Development Bank stands to have positive additional role through this investment, given that the fundraising market continues to be very challenging, leaving an important role to be played by DFIs. Commercial and institutional investors are likely to view the Bank’s investment as a positive demonstration effect. The Bank’s investment will also ensure the highest environmental and social standards are applied to AIIF3.

In terms of development outcomes, AIIF3 will create a quantifiable and measurable social and environmental impact by supporting energy and transport infrastructure access across Sub-Saharan Africa. The Fund will support the creation of over 1,500 jobs at the project level and enhance capacity building and skills-transfer.

In his presentation to the Board, the Bank Group’s Director of Infrastructure

L-R: Nigerian Conservation Foundation NEC Chairman, Chief Ede Dafinone; and former Minister of Petroleum, Mr. Odein Ajumogobia, at NCF’s annual dinner tagged “Green Ball”, held in Lagos… recently

and Urban Development, Amadou Oumarou, said that private equity in Africa remains a nascent sector.

“The recent downturn in global commodity prices and a reorientation away from private equity in Africa by a few DFIs have lowered fun-

draising expectations across the board. This is negatively affecting the availability of equity capital for Africa’s infrastructure space. In this sense, the Bank would play a counter-cyclical role through this investment,” he said.

AIIF is Africa-based and

features five regional offices in South Africa, Nigeria, Cote d’Ivoire, and Kenya.

This translates to on-theground knowledge and strong relationships to source infrastructure investment opportunities.

This Equity Investment is

fully aligned with the Bank’s operational priorities and the High 5s, particularly ‘Industrialise Africa,’ ‘Light up and Power Africa,’ and ‘Integrate Africa’. It will sustain the development of Africa’s infrastructure market.

NCF Promotes Restoration of Mangroves, Reclaiming of Desert Fadekemi Ajakaiye The Nigerian Conservation Foundation (NCF) held its annual dinner tagged “Green Ball” with the theme “Green Recovery Nigeria – Restoring the Mangroves and Reclaiming the Desert” at the Grandball Room, Eko Hotel & Suites, Victoria Island, Lagos, recently.

This year’s event was used to create awareness and seek support for its Green Recovery Nigeria Initiative, while focusing on restoration of the mangroves and reclaiming the desert.

Nigeria has one-third of the entire mangroves in Africa. This is the largest in the continent and the

third largest in the entire world.

The Niger Delta Mangroves are estimated to provide 60% of the spawning grounds of fishes in West Africa. Mangroves absorb carbon and they determine the livelihood of the coastal dwellers.

Nigerian Mangroves make up 40% of the remaining original forests in Nigeria and cover 10,500 square kilometres.

Mangrove degradation is being caused by oil pollution, firewood cutting, over-exploitation and sand filling among other factors.

NCF and other environmental NGOs have embarked on Mangrove Restoration projects to restore Nigeria’s mangrove to at least 70% of their original

states. There is an urgent need for rehabilitation for the mangrove ecosystem to be stepped up if they are to continue to render services to the country.

The Nigerian Savanah covers 35% of the total land area of the country. It caters for 35 million people inhabiting 11 states. A healthy Savanah ecosystem provides food, fiber and other valuable economic and social services.

Nigeria is currently losing about 351,000 hectares of its land mass to desert conditions annually.

Huge effort is needed to reclaim the desert so that current and future generations can benefit from the livelihood and ecosystem

services provided by the Savanah.

The special guest of the event, Her Excellency, wife of the Lagos State Governor, Mrs. Bolanle Ambode, who was represented by the Permanent Secretary, Ministry of the Environment, Mr. Biodun Bamgboye, commended NCF for the initiative and efforts so far in advocating for re-greening Nigeria and various other conversation projects.

The President, Board of Trustees of the Foundation, Chief Philip Asiodu in his welcome address stated that despite Federal Government’s declaration and policies on reclaiming the lost forest to at least 25% as recommended by Food and Agriculture Organisation

(FAO), Nigeria is yet to achieve 5% of this.

The Director General of NCF, Dr. Muhtari Aminu-Kano in his speech observed that the degradation of pristine mangroves and desert caused by various human activities need to be tackled with utmost urgency.

Environmental Stewardship Awards were given to Mrs. Ajoke Murtala-Muhammed, wife of the late head of state, General Murtala Muhammed in recognition of her strong commitment to environmental sustainability in Nigeria through the establishment of Botanic Gardens, poverty alleviation and promotion of sustainable development globally. The other

recipient, Dr. (Mrs.) Olufunso Amosun, Founder & Initiator of Green Education for the Youth (GEFTY) was recognized for her valuable contribution in safeguarding the Nigerian environment through advocacy, awareness and youth mobilization.

Timi Dakolo entertained the guests with his melodious music.

In attendance were Wife of the Ogun State Governor, Dr. (Mrs.) Olufunso Amosun, Chief Femi Olopade, Mr Odein Ajumogobia, SAN, and Mr. Desmond Majekodunmi among others.

In rounding up the event, Dame Marie Fatayi-Williams, Chairperson Committee appreciated all the sponsors.

UN to Explore Resilience, Climate Change OCP Group Awarded IFA SHE Gold Medal in Sahel, Caribbean The OCP Group was awarded a contractors and subcontractors million tons CO2 emissions Following the recent landmark report by the UN Intergovernmental Panel on Climate Change (IPCC) saying that it is still possible to limit climate change to 1.5°C, the UN Economic and Social Council (ECOSOC) will hold two meetings exploring resilience in climatevulnerable areas—Africa’s Sahel region –which has seen higher temperature, recurrent droughts and severe land degradation— and the Caribbean, which was pummeled by a pair of severe hurricanes in 2017.

Climate change is seen as a threat multiplier—it exacerbates and amplifies existing problems and challenges. And while the climate change contribution to any specific condition or event is still being closely studied, the interlinkages between climate change and conflict are considered by many to be increasingly evident in many

parts of the world, including in Africa’s Sahel region, one of the world’s poorest and most vulnerable regions.

“We are all seeing the consequences of climate change through more extreme weather, rising sea levels and diminishing Arctic sea ice,” said Rhonda King, ECOSOC President. “The increase and intensity of climate-related disasters is worrying. And the human cost is significant–people losing their lives, livelihoods and being displaced.”

ECOSOC, together with the UN Peacebuilding Commission, will look at the interlinkages between climate change and sustaining peace in the Sahel region where temperature increases are projected to be 1.5 times higher than in the rest of the world, and where 90 per cent of its economy is reliant on agriculture and pastoralism.

Droughts in the region have had devastating impacts on people who have little resilience and few coping strategies.

In the Sahel, the effects of climate change are compounded by persistent governance and security challenges that further contribute to the Sahel’s dire humanitarian situation. More than four million people in the Lake Chad Basin area have faced food insecurity in 2018, along with ongoing conflict and insecurity. Shortages of land, pasture and water have led to the forced migration of pastoralist communities in Burkina Faso, Chad, Mali, Mauritania and the Niger, putting 2.5 million people at risk of a livelihood crisis in 2018 in the affected areas. The number of displaced people across the Lake Chad basin region was 2.3 million, including 1.7 million internally.

gold medal by the International Fertilizer Association (IFA) who rewarded 21 other companies for their commitment in terms of Safety, Health and Environment (SHE).

The award was accepted by the Chairman and CEO of the OCP Group, Mr. Mostafa Terrab, during the IFA Strategic Forum held in Beijing last week.

“The OCP Group is strongly committed to the promotion of a culture of health and safety based on risk anticipation, risk prevention and the permanent engagement of its entire staff,” the multinational company said in a statement.

The goal is to provide all its employees with a working environment that meets international norms in health and safety and to assure that all the

respect the group’s regulations in these fields. To this end, OCP launched the “Zero incident” project in order to implement a safety culture that allows OCP to achieve world-class safety standards and embed the concepts and practices of SHE in all its sites.

The Group is also actively involved in the preservation of the environment, and has implemented a program in order to reduce its environmental impact. Consequently, many projects have been launched to meet this target as the use of a gravity-fed slurry pipeline to convey phosphate ore on a distance of 235 km from Khouribga to the Jorf Lasfar transformation site. The pipeline reduced the dependency on rail transport, and induced a reduction of 1

per year.

Moreover, OCP launched lately a circular economy program that will allow it to become a leader in the fertilizers industry in terms of circular economy and natural resources preservation. In this regard, the group implemented a state-of-the-art technology for the production of sulfuric acid, which led to a significant reduction in sulfur dioxide emissions.

OCP has launched a program in energy and water supported by the European Green Fund.

As a result, the Group’s energy consumption is currently at 75% renewable whilst its water needs are met with 35% of non-conventional water sources through a combination of recycling and desalination solutions.

THISDAYt TUESDAY NOVEMBER 20, 2018

29

30

T U E S DAY Ëž NOVEMBER 20, 2018

BUSINESS/MONEYGUIDE

Nigeria, Morocco Strengthen Business Ties Jonathan Eze The Nigeria Economic Summit Group (NESG), the Africa Economic Development Policy Initiative (AEDPI) and OCP Policy Centre of Morocco have announced the launch of the first edition of the â&#x20AC;&#x153;MoroccoNigeria Strategic Dialogues: focusing on Enhancing Opportunities for Growth and Development.

This partnership aims to play a pivotal role in promoting trade in the two countries, and catalysing debate and new ideas related to the future economic and other relationships between both countries.

The objective of this joint initiative is to provide a platform for comparative analysis of

the challenges and potentials of the two economies as well as possible actions to promote complementary exchanges and synergies between them.

According to a statement made available in Abuja and signed by Managing Director of the OCP Policy Centre, Morocco, Karim El Aynaoui, the first edition would focus on: Fiscal and Monetary Policies in Times of Uncertainty; the Complementarities between Nigeria and Morocco in the Energy Sector; the Role of Financial markets and the Mobilisation of Local Resources, as well as the Role of Youth and Diaspora at the Regional and Continental levels. It will also explore the roles of Morocco and Nigeria as two strategic players within

the African continent.

These two emerging countries, the statement stated, have considerable leverage and relevant experience in multiple sectors. â&#x20AC;&#x153;When it comes to the role of fiscal and monetary policies, it is worth noting that price stability is important in avoiding prolonged inflation and deflation and represents a significant objective of monetary policy. â&#x20AC;&#x153;Monetary and fiscal policies are both very important in ensuring a stable economy, and Central Banks and Ministries of Finance have an important role to play in mitigating the impact of commodity prices fluctuation on the economic activity and how they can work toprovide price stability,â&#x20AC;? the statement added.

Fidelity Bank Rewards Customers in Promo A total of 13 customers of Fidelity Bank Plc emerged the first set of winners in the Get Alert in Millions Season three promo (GAIM-3) draw by the bank that took place in Lagos at the weekend.

In all, they won N15 million in cash as well as various consolation prizes. Speaking on the promo, the Executive Director, Shared Services and Products, Fidelity Bank, Mrs. Chijioke Ugochukwu, said various initiatives organised by the bank to encourage saving has also helped in improving its customer base.

She stressed the need for Nigerians to always set aside a portion of their income for a

rainy day. â&#x20AC;&#x153;This new savings promo is the eight in 11 years. As with the previous ones, we are motivated to continue to empower our customers by rewarding them with cash and gift items, whilst at the same time promoting the savings culture, in line with the financial inclusion drive of the Central Bank of Nigeria (CBN),â&#x20AC;?

Ugochukwu explained.

According to her, the bank would be intensifying its efforts in the northern parts of the country where financial exclusion is still high. To qualify for the draw, the Head, Retail Banking, Fidelity Bank, Mr. Richard Madiebo said customers can open a savings

account and grow same to N20, 000 or top up an existing account with N10, 000 or more to qualify for the monthly draws to win N1million or N2 million respectively.

Through the draws which was monitored by the regulators, two persons from the south-east and the south-south won N2 million each while two persons from Lagos, Abuja, the northern region and the south-west won N1 million each.

One of the winners, a student from Afe Babalola University, Isreal Asidere, expressed joy on being one of the winners, thanking the bank for making him a millionaire.

FCMB Partners Institute to Boost Financial Inclusion First City Monument Bank (FCMB) is set to substantially increase its support to agribusiness, its value chain and growth of the Nigerian economy after signing a Memorandum of Understanding (MoU) with the World Savings and Retail Banking Institute (WSBI).

The MoU outlines a framework to deepen agency banking, financial inclusion and savings culture in the informal and agri-business sectors.

As part of the terms of the partnership, in addition to the stated areas of support, WSBI will provide technical oversight supervision on a regular basis to ensure the achievement of mutually agreed goals set by both institutions.

According to the agreement, the project involves FCMB rolling out an integrated savings account â&#x20AC;&#x201C; named â&#x20AC;&#x2DC;Kampe

Accountâ&#x20AC;&#x2122; â&#x20AC;&#x201C; to offer financial services under phase one of its plan to 150,000 unbanked and under-banked farmers across five states through agricultural agents operating under the bankâ&#x20AC;&#x2122;s agency banking proposition.

The first set of states to benefit in this first phase are Kaduna, Kano, Nasarawa, Ogun and Oyo. The plan is to reach 2 million farmers across the entire nation by year 2023.

In addition to the financial support to farmers, a statement from the bank explained that FCMB plans to deploy its state-of-the art technology and mobile banking solutions to drive the project mainly in the rural and sub-urban farm settlements where most farmers are based.

The bank would also organise a capacity-building programmes for farmers aimed at facilitating their understanding of the sector

and promote innovative ideas that would make the sector attractive, ultimately facilitating job creation that would in turn, impact on productivity and income.

Commenting on the grant from WSBI and the initiative, FCMBâ&#x20AC;&#x2122;s Managing Director and Chief Executive, Mr. Adam Nuru, noted the development would revolutionise agribusiness â&#x20AC;&#x201C; one of the various empowerment strategies adopted by the bank that is appreciated by stakeholders within and outside Nigeria.

According to him, â&#x20AC;?partnering with WSBI and harnessing the business model we have developed to drive it, under our Kampe Account, is built on a sustainable approach which ensures farmers can gain better access to finance and other resources needed to help them build successful businesses.â&#x20AC;?

Sokoto Empowers 1,126 Female Students Onuminya Innocent Ă&#x201C;Ă&#x2DC; Ă&#x2122;Ă&#x2022;Ă&#x2122;Ă&#x17E;Ă&#x2122; Sokoto State Arabic and Islamic Education Board has disclosed that it has trained no fewer than 1,126 female students, drawn from Islamiyya and Community Junior Arabic Girls Secondary Schools across the 23 local government areas in the state.

The Executive Secretary of the Board, Alhaji Ahmed Baba Altine, disclosed this.

He disclosed this at the graduation of the students, saying the pilot training programme was in line with the state of emergency on education declared by Governor Aminu Waziri Tambuwal.

The Executive Secretary explained that, the training was organised in collaboration with a private firm, Garge Multipurpose Enterprises, adding that, it would soon be replicated to cover all schools under the board, across the state. Altine, further said the students underwent a

three-month intensive training in various skills including the production of detergents, toiletries, beverages, sewing and knitting, among others.

He said: â&#x20AC;&#x153;This is a new innovation by the board to make the students self-reliant, productive as well as curb poverty and unemployment. â&#x20AC;&#x153;This a deliberate policy targeting only female students and which has culminated in the introduction of skills acquisition in our school curriculum.

L-R: Executive Secretary, Women in Successful Careers (WISCAR), Mrs Fabia Ogunmekan; CEO, AKMS Consulting & Founder, WISCAR, Mrs Amina Oyagbola; Managing Director, Oyagbola Chambers, Mr Bayo Oyagbola and Principal Consultant Habiba Balogun Consulting, Mrs Habiba Balogun, at a media briefing on the forthcoming 2018 WISCAR Annual Leadership and Mentoring Conference in Lagosâ&#x20AC;Śrecently

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&#x2122;Ă&#x;Ă&#x153;Ă?Ă? Ě&#x2039;

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă&#x2122;Ă&#x2DC;Ă?Ă&#x17E;Ă&#x2039;Ă&#x153;ĂŁ Ă&#x2122;Ă&#x2013;Ă&#x201C;Ă?ĂŁ Ă&#x2039;Ă&#x17E;Ă? Ě&#x2039; ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY, 16 NOVEMBER 2018

The price of OPEC basket of ďŹ fteen crudes stood at $66.00 a barrel on Friday, compared with $65.28 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

37

T U E S DAY ˾ NOVEMBER 20, 2018

MARKET NEWS

Ecobank Raises $200m Facility, Markets Opens on Bullish Note Goddy Egene The share price Ecobank Transnational Incorporated (ETI) rose 1.59 per cent yesterday as the bank announced the successful raising of $200 million syndicated loan facility.

In a notification to the Nigerian Stock Exchange (NSE) yesterday, ETI said the facility was oversubscribed at $268.5 million, with ETI increasing Deutsche Bank’s mandate as

arranger from $150 million to $200 million.

“The facility supports ETI’s goal of maintaining a diversified funding base with strong market access. The loan will be due for repayment in November 2019,” it said. The stock of the parent firm of Ecobank BankGroup rose by 1.5 per cent from N15.75 to N16 per share on day that the NSE All-Share Index appreciated by 0.51 per cent to close at 32,201.28.

P R I C E S MAIN BOARD

F O R

DEALS

Generally, trading on the first day of the week was driven by renewed buy interest in market bellwethers such as Nigerian Breweries Plc, Nestle Nigeria Plc and FBN Holdings Plc. The bulls were in full control with 27 price gainers compared with only five losers. Glaxosmithkline Consumer Nigeria Plc led the advancers with 9.9 per cent, trailed by UACN Property Development Company Plc with 9.7 per cent. NPF Microfinance

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

Bank Plc chalked up 9.5 per cent.

Prestige Assurance Plc and Jaiz Bank Plc garnered 8.9 per cent and 8.8 per cent respectively.

Other top price gainers included: Continental Reinsurance Plc (6.3 per cent); Consolidated Hallmark Insurance Plc (6.1 per cent); Japaul Oil and Maritime Services Plc, Regency Alliance Insurance Plc(5.0 per cent apiece). Flour Mills of Nigeria Plc (4.6 per cent) and United Capital Plc (3.8 per cent).

T R A D E D MAIN BOARD

A S

Conversely, Mutual Benefits Assurance Plc and Union Diagnostic and Clinical Services Plc led the price losers with 8.0 per cent each. Forte Oil Plc shed 7.7 per cent, just as WAPIC Assurance Plc and Diamond Bank Plc went down by 4.7 per cent and 1.1 per cent in that order.Meanwhile, activity level weakened as volume and value traded shed 9.8 per cent and 35.6 per cent to 148.1 million units and N1.8 billion respec-

O F

tively. The top traded stocks by volume were Oando Plc (30.3 million shares), Diamond Bank (16.4 million shares) and United Bank for Africa Plc (12.9 million shares) while Nestle Nigeria Plc (N408.8 million), GTBank Plc (N338.6 billion) and Oando Plc (N154.2 billion) were the top traded stocks by value.

Performance across sectors was largely bullish as three of five indices tracked trended northwards.

1 9 / 1 1 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

˾ TUESDAY, NOVEMBER 20, 2018

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33

T H I S D AY Ëž Ë&#x153; ͺ͸Ë&#x153; ͺ͸͚͜

MARKET NEWS

New Non-executive Directors to Boost United Capitalâ&#x20AC;&#x2122;s Operations Goddy Egene The Chairman of United Capital Plc, Mr. Chika Mordi has said the company would reap significant benefits from the experience of the two non-executive directors, Stephen Nwadiuko and Sonny Iroche, who were appointed recently. The two new non-executive directors were appointed following the retirement of Ambassador John Shinkaiye. â&#x20AC;&#x153; These appointments will

further cement United Capital as the leading investment banking group in Nigeria. Stephen and Sonny both bring robust insight and perspective to the quality of deliberations on the board, I welcome them both on board,â&#x20AC;?

Mordi said.

Nwadiuko is a fellow of Chartered Institute of Bankers of Nigeria, Institute of Chartered Accountants of Nigeria, Compliance Institute of Nigeria as well as an associate of Certified Pension Institute of

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 â&#x20AC;&#x2DC;sharesâ&#x20AC;&#x2122; on the

Nigeria. He is a retired Deputy Director, Banking Supervision Department of the Central Bank of Nigeria (CBN) where he worked for over 20 years. He was a former council member of the Chartered Institute of Bankers of Nigeria (CIBN) and Chairman, CIBN, Abuja branch.

He is currently a member of the Investigating Panel of both the CIBN and Institute of Chartered Accountants of Nigeria(ICAN) as well as a member of the Board of Trustees of the Compliance

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 1611-2018, unless otherwise stated.

Institute Nigeria. He was recently appointed as the Managing Director/CEO of First Guarantee Pensions Limited by the National Pensions Commission.

On the other hand, Iroche is a seasoned finance executive with over 30 yearsâ&#x20AC;&#x2122; experience in banking, power and public service. He has served on various boards such as the International Glass Industries Limited and First Merchant Bank, Sierra Leone.

Group Chief Executive Officer

of United Capital Plc, Mr. Peter Ashade had said they would will innovatively change the narrative of financial services in Africa. â&#x20AC;&#x153;We will pursue with clarity our pan-African strategy, we are currently in Nigeria but building a critical mass that will enable us operate in other African countries. Furthermore, we shall strongly support the initiatives to improve the depth of the capital market in Nigeria and thereafter in Africa by engaging in product development as a

means of broadening investment opportunities in our market. We shall equally focus on consistent increase in the wealth for our teeming shareholders while also ensuring that we keep a healthy relationship with other stakeholders,â&#x20AC;? he said.

According to him, in driving all these, â&#x20AC;&#x153;we shall keep in mind our three core values of Excellence, Enterprise and Execution. We shall also place premium on our people. Our people are one of our key assets.â&#x20AC;?

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 162.38 163.57 -8.48% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 273.11 274.50 18.13% 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 0.85% ACAP Income Funds 0.62 0.62 6.53% 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 12.45% AIICO Balanced Fund 2.20 2.22 -4.24% 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 16.56 17.06 N/A ARM Discovery Fund 356.27 367.01 N/A ARM Ethical Fund 28.20 29.05 N/A ARM Money Market Fund 1.00 1.00 N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 132.41 133.34 -12.71% AXA Mansard Money Market Fund 1.00 1.00 11.88% 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 11.34% Paramount Equity Fund 11.59 11.89 4.54% Women's Investment Fund 101.50 104.10 0.86% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 N/A Cordros Milestone Fund 2023 99.21 99.31 Cordros Milestone Fund 2028 97.59 97.92 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 12.17% Coronation Balanced Fund 0.85 0.86 Coronation Fixed Income Fund 1.14 1.14 8.62% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 11.41% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.48% 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 1,163.72 1,164.47 10.96% FBN Heritage Fund 142.16 143.38 0.74% FBN Money Market Fund 100.00 100.00 12.48% FBN Nigeria Eurobond (USD) Fund - Institutional 112.69 113.21 3.62% FBN Nigeria Eurobond (USD) Fund - Retail 112.45 112.97 3.51% FBN Nigeria Smart Beta Equity Fund 145.77 147.82 -8.21% 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 1.23 1.25 -4.90% Legacy Debt Fund 3.20 3.20 10.78% Legacy USD Bond Fund 1.02 1.02 1.83% 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 2,943.91 2,972.51 -1.40% Coral Income Fund 2,722.32 2,722.32 11.21% 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 12.21% Nigeria Entertainment Fund 105.49 105.75 5.28% 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 100.00 100.00 11.90%

Vantage Balanced Fund 2.15 2.17 2.01% Vantage Guaranteed Income Fund 1.00 1.00 14.90% Kedari Investment Fund (KIF) 122.71 122.92 6.62% LOTUS CAPITAL LTD ďŹ ncon@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 1.20 1.22 4.33% Lotus Halal Fixed Income Fund 1,083.03 1,083.03 12.19% 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 11.19 11.27 -13.61% Meristem Money Market Fund 10.00 10.00 11.48% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.33 1.35 11.61% PACAM Fixed Income Fund 12.04 12.09 9.02% PACAM Money Market Fund 10.00 10.00 12.14% 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 126.71 127.11 -2.32% 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 1.68 1.68 13.19% 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 2,324.91 2,340.08 5.78% Stanbic IBTC Bond Fund 187.24 187.24 7.53% Stanbic IBTC Ethical Fund 0.97 0.98 -3.47% Stanbic IBTC Guaranteed Investment Fund 244.40 244.44 13.24% Stanbic IBTC Iman Fund 161.64 163.47 -9.74% Stanbic IBTC Money Market Fund 100.00 100.00 11.54% Stanbic IBTC Nigerian Equity Fund 8,694.48 8,801.55 -8.60% Stanbic IBTC Dollar Fund (USD) 1.10 1.10 6.53% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.16 1.17 -2.17% United Capital Bond Fund 1.57 1.57 9.93% United Capital Equity Fund 0.70 0.71 -7.86% United Capital Money Market Fund 1.00 1.00 0.00% United Capital Eurobond Fund 106.31 106.31 6.23% United Capital Wealth for Women Fund 1.08 1.09 4.01% 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 11.18 11.34 -8.31% Zenith Ethical Fund 12.02 12.12 -7.06% Zenith Income Fund 20.52 20.52 11.16% Zenith Money Market Fund 1.00 1.00 11.35%

REITS NAV Per Share

Yield / T-Rtn

9.00 139.21 51.55

-20.11% 5.10% 1.42%

Bid Price

Offer Price

Yield / T-Rtn

10.44 116.51 91.00

10.54 118.98 92.70

-11.81% -18.43% -16.70%

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

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

VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva GrifďŹ n 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

4.12 7.23 14.98 13.50 143.34

4.16 7.31 15.08 13.70 145.34

-13.05% -24.39% -14.21% -31.23% 6.53%

NAV Per Share

Yield / T-Rtn

107.13

17.03%

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 managerâ&#x20AC;&#x2122;s website and FMANâ&#x20AC;&#x2122;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.

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TUESDAY NOVEMBER 20, 2018 ˾ T H I S D AY

41

FOREIGN/DIPLOMATIC AFFAIRS

Death Toll in Central Africa Clashes Rises to 48 At least 48 people were killed in clashes between Christian and Muslim-dominated militias in a restive Central African Republic town last week, according to an internal UN report seen Monday by AFP. The death toll had previously been reported as 37, including two priests, in the country’s latest surge of sectarian violence.

The bloodshed was sparked in the central town of Alindao on Thursday between Christian militiamen, known as antiBalaka, and the Union for Peace in CAR (UPC) Muslim militia.

The town’s church and a camp for displaced people were torched. Pictures seen

by AFP showed burnt bodies

in the fire.

Other than the two priests, it has not yet been possible to confirm whether those killed were civilians or armed fighters.

More than 20,000 people have been displaced by the violence, according to the UN. One of the world’s poorest nations despite a rich supply of diamonds and uranium, the CAR has struggled to recover from a 2013 civil war that erupted when President Francois Bozize, a Christian, was overthrown by mainly Muslim Seleka rebels.

In response, Christians, who account for about 80 per cent of the population, organised vigilante units dubbed “anti-

Balaka” in reference to a local machete.

UN Secretary-General, Antonio Guterres, on Saturday said the latest attack was attributed to the UPC militia, which has its roots in the Seleka group.

However, the UPC accused “both Muslim and Christian bandits” of being behind the incident.

“The UPC has dispatched one of its units to stop looting and violence,” the group said in a statement on Monday.

Alindao is a UPC stronghold and has witnessed chronic fighting in recent months that has also killed two UN soldiers and a humanitarian aid worker.

Germany to Ban 18 Saudis over Khashoggi’s Murder Germany will bar 18 Saudis from entering its territory and Europe’s Schengen passport-free zone over their alleged links to the murder of Jamal Khashoggi, Foreign Minister Heiko Maas said on Monday.

Maas said the move was “coordinated very closely with” states France and Britain and the broader EU as they seek more information on Khashoggi’s death last month in the Saudi consulate in Istanbul.

Berlin has “decided that Germany should impose an entry ban on 18 Saudi citizens,

who are presumed to be in connection with this deed, in the Schengen information system,” Maas told reporters.

“We are in close coordination on this issue within the European Union,” he said, speaking on the sidelines of a meeting of EU ministers in Brussels.

“Over the weekend, we stated that we expected further steps to be taken to clarify the situation.

We will follow on this closely and reserve further steps for ourselves.”

The Schengen zone — which

is composed of 22 EU nations and four non-EU countries. EU member Britain is not part of the passport-free Schengen zone, but shares intelligence through Shengen Information System for law enforcement purposes.

Germany called last month for EU countries to follow its lead and suspend arms sales for the moment to Saudi Arabia, prompting a dismissive response from French President Emmanuel Macron.

France is the kingdom’s second-biggest customer after India.

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TUESDAY NOVEMBER 20, 2018 ˾ T H I S D AY

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Eid-el-Maulud: Buhari, Saraki, Dogara, Others Preach Peace, Unity Deji Elumoye in Abuja and Ugo Aliogo in Lagos As Muslims in Nigeria join their counterparts the world over to commemorate the Eid Maulud, the birthday of Prophet Muhammad, President Muhammadu Buhari; President of Senate, Dr. Bukola Saraki; Speaker of the House of Representatives, Yakubu Dogara; Deputy President of the Senate, Senator Ike Ekweremadu; Ogun State Governor, Ibikunle Amosun and his Delta State counterpart,

Ifeanyi Okowa, have called on Nigerians to close ranks and work for a country where every man is his brother’s keeper.

In his message signed by his Special Adviser on Media and Publicity, Femi Adesina, President Buhari said the nation is making great progress under the APC-led federal government in dealing with issues of security, the war against corruption, the reform and restructuring of the economy and the provision of needed infrastructure but to be fully successful, the country needs

Defence Headquarters Accuses Amnesty International of Undermining War against Insurgents John Shiklam in Kaduna The Defence Headquarters has accused Amnesty International of undermining the war against insurgency and criminality in Nigeria, saying the human rights organisation is not interested in lasting peace in the country.

Addressing a press conference yesterday on the activities of the security outfit agged “Operations 777” at the Headquarters of the 1 Division, Nigerian Army, Kaduna, Acting Director, Defence Information, Brig.

Gen. John Agim, argued that Amnesty International has been churning out false reports against security agencies, especially the Nigerian Army with intention to perpetually make Nigeria incapable of confronting the security challenges.

Agim who was responding to questions bothering on human rights during military operations also accused the human rights body of recycling reports of incidences deliberately designed to stop the United States from selling fighter jets to Nigeria.

According to Agim: “The armed forces and other security agencies recruit Nigerians into the forces based on quota system.

“This means that every segment of Nigeria has its kinsmen in the armed forces and other security agencies.

So, we have representation and nobody will be happy if the military operates in his or her area and violates human rights of his people.

“When international organisations like the Amnesty International talk about human rights violation in Nigeria by the military, it is not simply that they don’t want us to violate human rights, it is deeper than that; the intention is to ensure that they perpetually make us not to be capable of confronting our challenges ...” He recalled that “in 2014, because of the reports of Amnesty International, the USA for instance invoked the Leahy Law where they refused to sell arms to Nigeria to confront this challenges.

“We don’t manufacture arms in Nigeria, but when our foreign partners refuse to sell arms to us, it affects all of us. We are just lucky that we have a professional military made up of people who are ready to lay down their lives for the country, otherwise the situation would have gone out of hand.”

US Consulate Gives $453,568 to 45 Nigerian Organisations Jonathan Eze, Segun James and Vanessa Obioha The United States Consulate General in Lagos has awarded $453, 568 as grants to 45 individuals, non-governmental organisations (NGOs) and academic institutions in Nigeria from January to November 2018.

The grants support a variety of worthwhile projects in the areas of human rights, transparency in government, freedom of the media, empowerment of women and youth, health, education, entrepreneurship, and the promotion of mutual understanding.

Speaking at the grant award ceremony in Lagos yesterday, the US Consul General, F. John Bray, recognised the commitment of the grantee organisations working to improve the lives of community members through sustainable projects that bolster good governance, education, and health.

According to him, the Consulate’s grant award programme is part of the US government’s efforts to support Nigeria’s economic development, improve livelihoods, and

strengthen communities.

“The US Mission has several objectives here in Nigeria, one of the foremost is to support a healthier, more educated population in Nigeria. One way in which we work to accomplish these goals is through grants.

“We are so proud to work with such an immensely energetic and creative community of organisations and individuals committed to strengthening communities and empowering fellow Nigerians!”

Bray added.

Every year, the Public Affairs Section of the U.S. Consulate General in Lagos invites nongovernmental organisations, academic institutions, and individuals working in 17 states in southern Nigeria to submit proposals that seek innovative solutions to challenges facing local communities.

In response to the 2018 call for proposals, the U.S. Consulate received approximately 2,000 strong and diverse project submissions, and as a result made awards ranging from $ 3,922 up to $80,000, depending on the proposed scope of activities.

the support and prayers of all citizens.

He also asked for prayers for the nation for peaceful electioneering as we embark on the journey to democratic elections in the New Year.

Saraki, on his part, urged Nigerians to use the opportunity of Prophet Muhammad’s birthday celebration to show love to one another and imbibe the virtues of perseverance and restraint.

The Senate President while congratulating the Muslim Ummah on the birthday of the Holy Prophet emphasised that the occasion should inspire Nigerians to renew their belief in the Almighty Allah and the country.

Saraki charged Nigerians, particularly Muslims to always emulate and promote the virtues of Prophet Muhammad which include honesty, love for others and peaceful co-existence, saying “He, Prophet Muhammad preached and lived for peace

and was revered and widely followed for his honesty and perseverance”.

The Maulud, according to him, would not have come at a better time than now when the country is about to conduct elections, adding that “this year’s Maulud has come at the most appropriate time for Nigerians to use it in praying for peaceful, free, fair and credible elections.”

On his part, Dogara called on the Ummah to replicate in their lives, the virtues of righteousness, honestly, charity and peaceful coexistence as exemplified by the prophet.

In a statement issued by his Special Adviser on Media and Public Affairs, Turaki Hassan, the Speaker said the celebration of Maulud is an opportunity for the adherents to renew faiths, rejuvenate their spirit and engender love in the society.

“The life of Prophet Muhammad and his teachings on piety, unity, charity, peaceful coexistence and good

neighbourliness should serve as a lesson and guidance as we march towards building a nation of our dream”.

In his message, Ekweremadu called for peaceful prayers towards 2019 general elections and charged politicians to play by the rules and highest democratic ethos.

He said: “As the nation joins the Muslim Ummah around the world to mark the birth of the holy prophet, let all compatriots rededicate themselves to the path of peaceful coexistence, unity, love, forgiveness, and tolerance to build a Nigeria of our dreams.

“I urge our Muslim brethren to pray for unity and peace in the country as well as a peaceful general elections in 2019.

“I also call on the political elites to eschew any utterances and actions capable of undermining peaceful and credible elections. Let the campaigns be issues-based and a rich marketplace of ideas and plausible alternatives for

the peace and development of the country.”

On his part, Amosun, in a statement signed by the state Commissioner for Information and Strategy, Otunba Adedayo Adeneye, said in the midst of the celebration, Muslims should also pray for the nation and the leaders.

“As we rejoice in celebration of the birth of Prophet Mohammed, let us be mindful of the need to pray for peace and unity among the citizens, which form the fulcrum for the progress of our dear country.

“It is not coincidental that this is coming in the build up to the 2019 polls, but a divine arrangement, to give us the opportunity to lift up our voices in supplication to Allah, for guidance in the choice of our leaders,” Amosun added.

The governor also called on Nigerians to continue to live in harmony and tolerant of each other, irrespective of religion, tribe and language.

CONGRATULATIONS...

L-R: Representative of Governor Akinwunmi Ambode and Permanent Secretary Lagos State Ministry of Arts, Culture and Tourism, Mr. Fola Adeyemi; Director General, National Council for Arts and Culture, Olusegun Runsewe, and another Lagos State Government official, Mrs. Folasade Faseun, displaying the two awards won by Lagos State as the most active Tourism State in Nigeria and MICE Award organised by JAHMA Tourism Awards organised by AKWAABA Travel Market in Abuja... recently

Judge Withdraws from Suit on Unlawful Dismissal of General Ijioma Alex Enumah in Abuja Justice Judith Agbakoba of the Abuja division of the National Industrial Court of Nigeria (NICN) yesterday withdrew from the hearing of an industrial dispute between Major General Ijioma Ijioma and the Nigerian Army.

Justice Agbakoba who had reserved judgment in the suit for yesterday, however, recused herself from the matter following allegations of bias by counsel to the Nigerian Army and Chief of Army, Lt. Gen. Tukur Buratai.

Ijioma had dragged the Nigerian Army, Buratai and two others to court, challenging his compulsory retirement from the Nigerian Army in 2016, after serving for 32years, 11 months and five days.

In the suit marked NICN/ ABJ/262/2016, the plaintiff while asking the court to declare his compulsory retirement unlawful, illegal, null and void, wants the court to order that he be reinstated into the Nigerian

Army.

When the matter was called, counsel to the Nigerian Army and Chief of Army Staff, Michael Owolabi, stood up to inform the court of two application; one asking the court to stay proceedings pending the hearing and determination of the appeal filed by the defendants and the other requesting the court to recuse itself from further hearing of the suit on grounds that the defendants have lost confidence in the court to do justice in the matter.

The defendants predicated their allegations of bias on the grounds that the judge foreclosed them from presenting their witnesses to support their defence in the matter.

Owolabi said, “Justice is rooted in confidence, My Lord.

One of the parties appearing before your lordship has lost confidence,” and added that in the interest of justice and fair play the judge should hands off the case, until the President of the NICN transfers the matter

to another judge.

Responding, counsel to the complainant, Godwin Iyinbor, urged the court to go ahead with the days schedule and ignore the defendants, stating that if the President of the National Industrial Court had wanted her to discontinue the case he would have done so since the petition against the court was filed since October 31.

Iyinbor in urging the court to disregard the applications described the applications as frivolous, vexatious and only intended to delay the proceedings of the court.

Iyinbor argued that the current stage of the matter does not allow for any unwarranted application by parties, stressing that when a matter has been adjourned for judgment an application cannot be brought at that stage.

He noted that whereas the petition was filed on October 30, the applicant delayed in serving the complainant till November 19, in a deliberate attempt to delay the trial.

“He kept it, so as to prevent us from responding to this petition.

“The petition is addressed to the president of the court. It is not a process before the court.

If the President has not given an order since it was served for something to be done, the court should discountenance it and proceed with the business of the day”, he submitted.

However, Justice Agbakoba, acceded to the demand of the defendants and recused herself from the matter stating that she cannot continue since the defendants have lost confidence in her court, adding that the issue of bias raised against her was fundamental.

She accordingly announced her withdrawal from the suit and that the case file will be handed over to the President of the court.

Ijioma is one of the 38 officers of the Nigerian Army who are challenging their forced retirement citing injustice, lack of due process and fair hearing.

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TUESDAY NOVEMBER 20, 2018˾ T H I S D AY

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Supremacy Battle in Lagos as Fashola Sets up Separate Campaign Group for Buhari Gboyega Akinsanmi In what appears to be an emerging battle for the control of Lagos State, the Minister of Works, Power and Housing, Mr. Babatunde Fashola (SAN), has set up a separate campaign group to secure at least 4.5 million votes for President Muhammadu Buhari in 2019 in the state.

Although the campaign group christened ‘PMB 2019,’ was set up to canvass

support for Buhari’s re-election, competent sources disclosed that the group with vast support base statewide was designed to be a formidable political group after the 2019 election.

According to the sources, the group is a grand political platform with an ambitious post-2019 plan, though its main thrust is to campaign for Buhari and Vice President Yemi Osinbajo in the next presidential election scheduled

DMO Invites Oil Marketers over Subsidy Arrears Ndubuisi Francis in Abuja The Debt Management Office (DMO) and major oil marketers are to meet this week over subsidy arrears, THISDAY has learnt.

The meeting, which is at the instance of the DMO, is designed to provide an opportunity for the debt management agency to explain the process for the issuance of promissory notes to settle outstanding arrears due to the marketers as well as provide a ‘Status Report.’

The Senate Committee on Petroleum (Downstream) had in its October 31, 2018 resolution directed the Ministry of Finance and the Debt Management Office (DMO) to meet with oil marketers and other stakeholders on grey areas and report back within one week.

The DMO, in a statement yesterday said it had invited the marketers for a meeting this week on the arrears.

The agency recalled that the Federal Executive Council (FEC) approved the establishment of the Promissory Note Programme and Bond Issuance to settle inherited local debts and contractual obligations due to various categories of creditors, including oil marketers in July 2017.

“These were unpaid obligations carried over from previous administrations. The amounts presented to FEC and subsequently to the National Assembly, were derived by simply collating figures from various MDAs (Ministries, Departments and Agencies) in order to kick-start the process.

“Given that these were largely unverified amounts, it became prudent on the part of government to include processes that would be adopted in the implementation of the

programme that would ensure transparency and value for money before the Promissory Notes are issued.

“One of such processes is the validation of the amounts against each creditor by an international accounting firm operating in Nigeria,” the DMO said.

The agency added that based on the approval by FEC, the DMO initiated steps towards the implementation of the programme, one of which is the appointment of advisers using the provisions of the Public Procurement Act, 2007.

“However, since the programme involves the issuance of sovereign debt instruments, which require the approval of the National Assembly, as provided in the Fiscal Responsibility Act, 2007, there was a limit to what the DMO could do without the lawmakers’ approval. “ It is on record that the required NASS approval was only received on September 26, 2018 through a letter from the Clerk of the National Assembly.

“With the approval of the National Assembly now in place, the DMO has accelerated implementation of the Programme, which it will implement in accordance with the process approved by FEC,” the DMO stressed.

According to the DMO, the claims by oil marketers are for accrued interest and foreign exchange differentials, adding that while some of the issues involved in the implementation of the Promissory Note Programme have been explained to representatives of the oil marketers, it has invited the oil marketers to a meeting this week “to explain the process to them and provide a Status Report.

to hold on February 16.

With its concealed post2019 plan, one of the sources disclosed that the constitution of the group violated an understanding of all political leaders that all groups in the All Progressives Congress (APC) should be collapsed into the Mandate Movement, a political group loyal to the APC National Leader, Senator Bola Ahmed Tinubu.

The source said the group would definitely become a formidable platform in the state after the 2019 general election considering its vast support base across all the local government areas and local council development areas.

Apart from appointing former Commissioner for Home Affairs, Mr. Oyinlomo Danmole, as its DirectorGeneral in the state, the source said leaders of the group “have been appointed in 20 LGAs, 37 LCDAs and 347 wards across the state with a mandate to build formidable political support base in their respective areas of control.”

In telephone conversation yesterday, Danmole confirmed the establishment of the PMB Support Group, which according to him, was designed to create a new system of presidential campaign in the state.

He said the campaign group,

which is founded by Fashola, “is not about going about and dancing. We have raised about 5,000 foot soldiers for Buhari/ Osinbajo re-election campaign.

The foot soldiers will from house to house campaign for Buhari.

“We are inaugurating first layer today. In December, we will add more foot soldiers.

In January, we will add more foot soldiers. Our approach is to talk to people to vote instead of going about dancing.

It is the inauguration of 5,000 foot soldiers to campaign for Buhari- Osinbajo in South-west.

“These people are from 347 wards, 20 local government areas and 37 local council

development area in Lagos State. We have 15 in each LGA and LCDA. That gives us 885 foot soldiers. Then, we have Hausa, Igbo and non-indigenes communities, who formed the remaining part of the group,” Danmole said.

He noted that the APC Campaign Council would conduct their own campaign, claiming that Fashola’s group “is to complement whatever the APC Campaign Council will do. The purpose is to bring more votes for Buhari in 2019. We are targeting between 4.5 million and five million votes for Buhari out of 6.2 million registered voters.

BRAINSTORMING SESSION…

L-R: Anambra State Chairman, Independent Democrats, Ikechukwu Okafor; Abia State Chairman, Okechukwu Ndukwe; National Chairman/presidential candidate, Hon Edozie Madu; and Chairman, Princewill Ugochukwu Ogugua, during a brainstorming session at the party headquarters in Abuja... recently.

Court Orders Dasuki’s Trial in Absentia Alex Enumah in Abuja Justice Ahmed Mohammed of the Abuja Division of the Federal High Court yesterday held that it would go ahead with the trial of former National Security Adviser (NSA), Col. Sambo Dasuki (rtd), whether he was present in court or not.

Dasuki, who is standing trial over allegations of illegal possession of firearms and money laundering, had last week vowed not to submit himself for trial any longer, following the refusal of the prosecutor to obey court orders regarding his bail.

In a letter presented to the court last Tuesday through his counsel, he specifically requested that he be allowed to stop submitting himself for trial until the federal government obeys court orders regarding his bail.

He cited five court orders, including one by the Court of Justice of the Economic Community of West African States (ECOWAS) that had ordered his release but continued to be violated by the federal government. The letter personally signed by Dasuki, was titled: ‘Unabated persecution of Col. Mohammed Sambo (rtd) by the

Federal Government of Nigeria’.

However, delivering ruling on the matter yesterday, the trial judge, Justice Mohammed, held that there were constitutional provisions that allow a criminal case to go on even if the defendant refuses to make himself available for trial.

Following the court’s refusal last week Tuesday of the oral application of the prosecution that the trial of Dasuki should go ahead in his absence, the prosecution yesterday approached the court with an affidavit accusing the defendant of willfully refusing to attend

trial and hence the trial should continue without him.

Prosecution counsel, Dipo Opeseyi SAN, at the resumed trial yesterday informed the court of an affidavit dated November 19, 2018, seeking the prosecution of Dasuki in absentia.

Added to the affidavit is a letter of November 12 written to the court by Dasuki that he would no longer attend trial in court in protest of the federal government disobedience to several court judgment which ordered his release from unlawful detention since December 2015.

We Have No Relationship with AFTEN, Say Nitel Pensioners Ugo Aliogo The Secretary of Nigeria Telecommunication Pensioners Association Incorporated, Nitel/Mtel Pensioners, Lagos branch, David Olukunle, has stated that the association has no relationship or connection with Association of Former Telecoms Employees of Nigeria (AFTEN) led by Pastor Oluti Aremu.

Olukunle, who disclosed this in Lagos during a meeting with members, noted that Nitel/Mtel pensioners association

had been negotiating with the government before privatisation of Nitel in order to know what would be the fate of pensioners post privatisation.

“What we want the media to know is that Nitel pensioners association is a welfare association catering for the rights and welfare of Nitel pensioners. AFTEN has no relevance to us, and we are not connected or affiliated to them in anyway.

Nitel pensioners association has been negotiating with government even before

now,” he noted.

Noting that AFTEN was formed in 2007 without the knowledge of Nitel pensioners, he said most of the disengaged staff who had done more than 10 years were then regarded as pensioners and were asked to join the association.

Olukunle explained that as an unknown entity, the Nitel pensioners had always ignored the group because AFTEN had not come to them openly.

He added that Nitel pensioners had only been getting information by way of the text messages which

the body had been sending for people to come and collect their money, do verification among other things.

“We have always ignored them because they have not come to us openly, we have only been hearing by way of the false text messages they have been sending for people to collect money, do verification and other things.

There is nothing like that. We have a group in Abuja which has taken care of this issue.

What we are doing here is to say that we don’t belong to AFTEN,” he added.

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ͺ͸Ë&#x153; ͺ͸͚Î&#x20AC; Ëž T H I S D AY

TUESDAYSPORTS

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

Eagles, Cranes Set Asaba Aglow in Celebration of AFCON 2019 Tickets Nigeria and Uganda go toe-totoe again in an international friendly expected to attract a huge crowd to the Stephen Keshi Stadium in Asaba this evening.

Both countries are celebrating qualification for the 2019 Africa Cup of Nations following Matchday 5 games over the weekend.

The Super Eagles were held to a 1-1 draw by South Africaâ&#x20AC;&#x2122;s Bafana Bafana at the FNB Stadium in Johannesburg to be sure of a ticket from Group E ahead of the final matchday, while the Cranes pipped Cape Verde 1-0 in Kampala to be sure of finishing as Group L winners.

A holiday atmosphere would most certainly have been guaranteed, but Nigerians have learnt not to take matches against Uganda lightly since a certain Phillip Omondi scored a brace to stop the Eagles from reaching the Final of the Africa Cup of Nations in Ghana 40 years ago.

Nigeria has avenged that defeat in subsequent qualifying matches for major competitions, but they still remember losing 1-2 to the Cranes in a 2008 Africa Cup of Nations qualifier in Kampala that would have been disastrous, had the Eagles not won the first encounter 1-0 in Abeokuta.

Nwankwo Kanu scored a late goal that day to get the three points off the visitors in a tough duel.

The Cranes also remember beating the Super Eagles 1-0

in a friendly in Uyo in March 2015 that marked goalkeeper Vincent Enyeamaâ&#x20AC;&#x2122;s 100th international match. Farouk Miya scored with a powerful header.

The above account means both teams will come with furrowed brows and grit determination to the Stephen Keshi Stadium, an arena named in memory of Nigeriaâ&#x20AC;&#x2122;s longest â&#x20AC;&#x201C;serving captain and AFCON â&#x20AC;&#x201C;winning coach, who was in charge of the Super Eagles when they lost that friendly in Uyo 44 months ago.

Ugandaâ&#x20AC;&#x2122;s 31-man delegation flew into Lagos yesterday and is scheduled to fly to Asaba this morning.

Defender Leon Balogun, injured in the 1-1 draw with South Africa in Johannesburg on Saturday, has been excused from Tuesdayâ&#x20AC;&#x2122;s clash, otherwise Nigeriaâ&#x20AC;&#x2122;s 2019 AFCON ticket â&#x20AC;&#x201C;winning squad is intact.

Fans in Delta State will be able to watch live the likes of Ahmed Musa, Alex Iwobi, William Ekong, Kenneth Omeruo, John Ogu, Samuel Kalu, Olaoluwa Aina, Isaac Success and Henry Onyekuru, as well as â&#x20AC;&#x2DC;home â&#x20AC;&#x201C;boyâ&#x20AC;&#x2122; Oghenekaro Etebo. There is also the possibility that Coach Gernot Rohr may name former U17 World Cup winners Victor Osimhen and Samuel Chukwueze on the roster.

Officials have confirmed that Governor Ifeanyi Arthur Okowa of Delta State will be the special guest, to be joined

Obasanjo Inaugurates Keshi Stadium in Asaba

rZenith /Delta Principalâ&#x20AC;&#x2122;s Cup stars

thrill fans

Amidst pomp and pageantry, former President Olusegun Obsasanjo on Monday inaugurated the 23, 000 capacity Stephen Keshi Stadium, Asaba.

It was also at the occasion that the final of the Zenith Bank/Delta Principals Cup for the Oshimili South Local Government took place between Niger Mixed Secondary School and West End Mixed Secondary school.

Niger Mixed won the encounter 4-3 after penalty shootout to book a ticket for the zonal stage of the competition scheduled for January.

Obasanjo, who took the official kick off of the match, observed that with the stadium, Delta State wouldl continue with its winning streak in sporting activities.

While commending Governor Ifeanyi Okowa for constructing such an edifice, the former President stated that the stadium would also, provide avenue for people to

exercise, stating, â&#x20AC;&#x153;whoever you are, whatever age you are, you must exercise, you must be fit.â&#x20AC;?

Obasanjo said: â&#x20AC;&#x153;We must catch them young, we have the facilities, we have to recruit those who will win, train them from young age,â&#x20AC;? he said, adding, â&#x20AC;&#x153;build a hostel where you will put people that you will train day and night and they will be going to school from the stadium and in whatever sports, Delta State will be the best.â&#x20AC;? â&#x20AC;&#x153;I was here to perform the ground breaking ceremony of the stadium, I am here to inaugurate it and I will be here again to see the hostel,â&#x20AC;? he stated, asserting, â&#x20AC;&#x153;Governor Okowa is not just a Road Master, he is also a Stadium Master, and because of the work he has done, he is also the Bulldozer.â&#x20AC;?

The LG stage of the Zenith Bank/Delta Principals Cup which is in final stages at LGs continues in the state till the end of this week.

by members of the Delta State Executive Council. President of the Nigeria Football Federation, Mr. Amaju Pinnick will also be there alongside members of the NFF Executive Committee and Management.

The NFF on Monday named a former President

of the Federation, Brigadier â&#x20AC;&#x201C;General Dominic Oneya as match commissioner for Tuesdayâ&#x20AC;&#x2122;s game. Oneya was NFF President between January 2000 and October 2002, and is a former member of the CAF Organizing Committee for the AFCON.

Mr. Louis Houngnande from Benin Republic will serve as the referee, to be assisted by compatriots Razack Bello (assistant referee 1) and Eric Ayimavo (assistant referee 2).

Nigeriaâ&#x20AC;&#x2122;s Shaibu Abdullahi will be reserve referee.

Tuesdayâ&#x20AC;&#x2122;s match will kick

off at 4.30pm, with fans guaranteed a huge bonus as they will also have the opportunity of watching the Nigeria Super Cup 2018 between Lobi Stars of Makurdi and Rangers International of Enugu at the same venue, starting from 7pm.

Samuel Kalu (right), who played in an unaccustomed wing back role, against South Africa in Johannesburg on Saturday

Buhari to Wade into Challenges in Sport Sector Shola Oyeyipo in Abuja

PresidentMuhammadu Buhari is currently looking into some of the major challenges confronting the Nigerian sport sector, particularly as regards the N1.2bn needed to host the National Sports Festival. Buhari has also intervened toensure that Nigeria is not de-listed by the World Anti-Doping Agency (WADA).

The Minister of Youth and Sports, Solomon Dalung told State House correspondents in Abuja yesterday assured that President Buhari has given him assurances to step in to address issues confronting the sport sector.

Dalung said there is a challenge of funding facing the NSF scheduled to hold

between December 6th and 16th after over six years of postponement.

Nigeria has been given 21day notice by the World AntiDoping Agency (WADA) to be de-listed for non-compliance with the need to setup an independent anti-doping agency in the country. â&#x20AC;&#x153;Basically, these are the issues I discussed with Mr. President. The president took note of it and assured that everything will be done to ensure that some of these avoidable challenges are given prompt attention. â&#x20AC;&#x153;We had our budget at N900, 000, 000 to be raised by government and we were thinking of getting N400, 000, 000 from our partner but with the failure, it means the federal

government will now bankroll N1.2bn budget. â&#x20AC;&#x153;We have challenges with the funding. Initially, we signed a memorandum of understanding with a sponsor who was going to contribute one third of the fund, but unfortunately he could not make it, so I need the support of Mr. President for further funding to augment the space created by that vacuum and the president had graciously given approval to the request. We will submit it in writing soonest. â&#x20AC;&#x153;On the issue of the fate of the 21-day notice and the legislation at the national Assembly, the president can interface with the leadership of the National Assembly and because of the exigency of the situation, knowing too well

that most of them are sport loving Nigerians, they can even abridged their recess and give it an urgent attention because it is an issue of national importance. So, I think that is what will happen,â&#x20AC;? Dalung stated.

He added that â&#x20AC;&#x153;another thing I briefed the president has to do with the progress in our AFCON competition where our team has qualified just like the last World Cup with a game to spare. â&#x20AC;&#x153;So, I assured him that we will continue to do everything possible to ensure that the team maintains its dominance of African football.

I also mentioned to him, the challenges we are facing with late release of funds, which sometimes affect the morale.â&#x20AC;?

Oboh Wins Cote dâ&#x20AC;&#x2122;Ivoire Open Olawale Ajimotokan in Abuja

Nigeriaâ&#x20AC;&#x2122;s promising golfer, Georgia Oboh has started her professional quest on a bright note after winning the Cote dâ&#x20AC;&#x2122;Ivoire Open in Abidjan over the weekend.

The 17-year-old edged Senegalâ&#x20AC;&#x2122;s Oumy Dieye and Madagascarâ&#x20AC;&#x2122;s Leslie Grandet, who campaigns on the Sunshine Ladies Tour and a host of other lady professionals from CĂ´te

dâ&#x20AC;&#x2122;Ivoire by three shots to emerge victorious.

It was a historic flourish over the 6,669 yards long Ivoire Golf Club layout by the Nigerian starlet, who is bidding to earn the Ladies European Tour (LET) professional card at the final Qualifying School in Marrakech, Morocco, from December 16 to 20.

Oboh carded 74,78, 85, 78 over four rounds to become

the youngest winner of a professional golf event in Africa.

Her opening 74 on the par 73 golf course gave her a seven- shot lead over the field. But Morocco based Dieye cut that advantage to three shots, halfway through the campaign.

After depleting her lead in the first six holes on day three, Oboh rallied to restore her three shots lead going into the final round, despite

poor visibility that warranted play to be suspended till the following day.

She and Dieye resumed early on Sunday morning to complete the last hole and then wait until 12noon to start the fourth and final round.

Her birdie on the 18th hole was greeted with a rousing roar by the packed gallery to herald the emergence of the new queen of the greens.

Tuesday November 20, 2018

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MISSILE TUC to Governors “The Chairman of the governor’s forum and a few others who hired hundreds of unnecessary aides are rejecting the proposal due to their selfish interest. And that is why we ask any governor who says he cannot pay to go to his state and tell the workers there that he cannot pay” –President, Trade Union Congress of Nigeria (TUC), Bobboi Kaigama, charging state governors to cut down on ostentatious and reckless spendings to enable them pay the N30,000 minimum.

TUESDAY WITH REUBENABATI abati1990@gmail.com

‘Transition Hours’: President Jonathan Writes Back “There was no bitterness in him after he left power.

He did not look back. He did not look down. Instead he looked up and after looking up, he looked forward and went on pressing ahead. That forward movement has resulted in this work of statecraft and statesmanship of which I am privileged to write the foreword. Though there are many themes in this book, My Transition Hours, the theme that most excites me is the one on youth and the next generation” – John Dramani Mahama, President, Republic of Ghana, 2012 -2017.

T

hose are some of the words with which former Ghanaian President John Mahama introduces the longawaited and much-anticipated book

by President Goodluck Ebele Jonathan.

President Mahama is President Jonathan’s close friend. In a way they both share a similar destiny.

Their bosses died and they both went on to become President. They also both won election as President and later lost their re-election bids.

But they are perhaps more united by the shared affinities between Nigeria and Ghana. President Mahama is eminently well-qualified to write the even-handed, thoughtful foreword to President Jonathan’s first book, out of office.

Jonathan is Nigeria’s first President from the South South, first Ph.D holder in Nigeria to become President, first Nigerian President to rise through the ranks from the position of Deputy Governor to Acting Governor, Governor, first Gubernatorial candidate nominee to become Vice President, Acting President and eventually President of the Federal Republic of Nigeria. No other Nigerian, dead or alive, has gone through such trajectory, or rite of passage. President Jonathan was Acting President 2010-2011, following the death of his principal, Umaru Musa Yar’Adua, in circumstances that threw the country into a quandary and raised issues about Nigeria’s geo-politics and the matters of ethnicity and geography, indeed more importantly the right of minorities to also “rule” Nigeria, and if and when they are allowed to do so, whether or not they will be treated fairly.

I have enjoyed the privilege of reading President Jonathan’s first memoir out of office, which will be publicly presented today in the nation’s capital, Abuja, and I can report that it is a book about how Nigeria and vested interests treated him badly. He is the villain in the book: badly treated by entrenched interest groups, treacherous party members, a propaganda and hate-driven opposition and a badly constructed political ecosystem. The book is titled “My Transition Hours.”

In 2011, after much ethnic uproar and conscientious objection by progressive forces, Jonathan won Nigeria’s Presidential elections and remained Nigeria’s President till 2015. He lost the 2015 Presidential election, according to the country’s Independent National Electoral Commission (INEC) but despite his prompt concession to General Muhammadu Buhari, the candidate of the opposition party, the All Progressives Congress, Jonathan has suffered badly under his successor’s watch. He has been maligned, persecuted, harassed, intimidated, humiliated and insulted. His wife has been abused, maligned, criminally tagged and many of his associates have been labelled crooks and thieves. In 2015, in the lead up to the general elections. Jonathan announced that his “ambition was not worth the blood of any Nigerian.” He signed a document to respect the outcome of the process. He kept his word. His successors have rewarded him with odium and abuse. They have done their best to discredit and destroy him.

In this book, “My Transition Hours”, President Jonathan fights back. His public persona is that he

Jonathan is a meek, gentle personality who lacks the guts to fight. Indeed, after the 2015 elections, everyone deserted him. The Aso Rock Villa became ghost town. Nobody picked our calls again. Giants in the corporate sector who used to beg for access to President Jonathan were reportedly now on the Buhari side. Only the Attorney General of the Federation, the security chiefs and a few others came around. The President was left with just his main body, that is - his innermost circle of aides.

We felt hurt by the fact that many of the persons who benefitted from President Jonathan had jumped ship and were now sucking up to the other side. We saw some of the people who called President Jonathan their brother and friend, on the Buhari side less than 24 hours after the election was decided. They were laughing and grinning! It was a painful moment for us. That was the real “Transition Hours” and that was when President Jonathan started threatening that he will write a book on his “Transition Hours”. He chose the title of the book at that very point. He wanted to tell his own story. I am intrigued that he has refused to change the title, but I recall how tough those transition moments were for us.

On our return trip to Otuoke, we were treated shabbily by the newcomers. We had to struggle to be recognized. We were treated like regular passengers! The people who took over from President Jonathan were determined to humiliate him. It got much worse later.

In this book, President Jonathan tries to fight back and set the records straight. I am glad he is doing this. I once went to him and asked that we should put a team together to protect his legacy. His response was that “God will fight for us, after God it is government, these people will crush us because they don’t know God, but let us rely on God.” Some people, who thought we should help our boss, ignored this advice tried to put a team together. They ended up in underground cells, and got labelled as thieves! Others fled into exile. It is good to see President Jonathan himself, more than three years later, speaking up. The man that comes through in these pages is the real Jonathan. and that is perhaps the big point: a Jonathan that is confident, strong, clear-headed and assertive, who does not take nonsense and who is very clear in his mind about leadership options. If he had won a second term, Nigerians would have seen a different Jonathan. He worked hard to hold the country together and to prevent mischief from over-running the country. He makes his case in this book as he addresses some of the strong issues that came up during

his tenure.

It is not standard practice for a President to justify himself and his tenure. It is also not standard practice for a President to be discredited by his successor. President Jonathan has every reason to write this book. He has chosen the right moment to go public: his successor’s most vulnerable moment. What he does majorly is to tell Nigerians that most of the things said about him were fake news. He insists that he did not abuse power as Nigeria’s President.

He argues that every negative thing that has been said about him is an attempt to give him a bad name in order to hang him. He argues that “real strength is power under control”. He adds: “This book is not my biography, as that will come later. This book reveals how I used power as shield in the service to our nation and God.” Jonathan’s argument is that power should never be abused.

The book is defensive and reactive on the vexed issues of fuel subsidy, Boko Haram, “stealing is not corruption,” governance and so on. President Jonathan takes on the major criticisms of his administration. He doesn’t quite provide hard facts but he talks back. The key issues that the book addresses are noteworthy.

This is a book that every Nigerian should pay attention to. In this book, a former President of Nigeria is saying that he was badly treated and he became a villain, because he came from a minority part of the country. He states that “people (are) working against our interest”. In this book, a former President of the country tells us that the idea of “one Nigeria” does not exist because we are a divided country.

My boss insists: that “there is no patriotism in Nigerian politics”.

He refuses to pull punches. Nobody is spared.

In Chapter 3 titled “Politics and Patriotism: The Fuel Subsidy Dilemma”, he argues that “politics in Nigeria and some other African nations is conducted like primitive war”. His major reference is the battle over fuel subsidy in 2012. He argues that the protests over the fuel subsidy proposals were “politically motivated.” Donald Duke should read this chapter. There are some references to him here. Chapter Four is titled “The Chibok School Girls Affair.” The Governor of Borno state needs to read this chapter. He is accused of seizing an “opportunity to politicize an unfortunate incident”. The APC also allegedly indulged in “psychological programming”, making President Jonathan look like a “villain”. President Jonathan rejects the labels. He pointedly accuses the Barack Obama administration in the United States of working against his administration and he provides evidence to back his claims.

He accuses President Obama thus: “For some strange reason, the Obama administration had tactically penciled Nigeria and my administration down for failure”.

Hadiza Bala Usman, now in charge of Nigerian Ports Authority, should also read Chapter Four of this book. President Jonathan is convinced that the Chibok girls matter is an act of grand conspiracy, because whereas he took every necessary step, the Governor of Borno State had a different agenda. In Chapter Five, he deals with the question of stealing and corruption. He provides an explanation on that particular matter. The irony is that many of the initiatives now being adopted by the Buhari administration– Treasury Single Account, IPPIS and the BVN were all Jonathan’s initiatives.

Jonathan discloses that his government did better on the Transparency International Corruption Perception Index. Chapter Six is focused on “Power Struggle in Nigeria”. Here, Pr5esidnet Jonathan talks about he “strayed into power” and

the attack of he majorities on the minorities. In Chapter 7, he offers an account of his “Presidential election campaign”.

He goes further to describe what happened during the 2015 presidential election and how he personally took the decision to save Nigeria from a descent into imminent chaos. Too many persons have tried to write the story of that significant moment in Nigerian history. I am glad that President Jonathan has now given his own account to correct the many lies that may have been told. He records the responses from the international community. It is a rich and detailed account. In this book, ,President Jonathan puts on the table his credentials as an internationals statesman and the goodwill he enjoyed among his peers before and after the election of 2015.

To be fair to him, making Nigeria look good in the international community was one of his major achievements. But President Barack Obama of the United States did not help him, and he refers to this more than once in this book. In Chapter Ten, President Jonathan talks about what he and his team did with the 2014 National Political Conference and his personal commitment to the peace and stability of Nigeria. Needless to remind us that the Buhari administration upon assuming office threw away the report of that conference.

In Chapters 11 to 13, President Jonathan takes on other interesting subjects including the youth bulge, private sector reform and the African Renaissance.

This must be a book close to his heart. He uses it to settle scores and to explain the main issues of his era as President. I consider this a must read for all Nigerians and students of the Nigerian process. President Jonathan offers a personal portrait of his own politics, career and achievements. I may have read the book through the prism of a man who was his staff and who was involved, but I can tell that this is a honest and forthright reportage of what transpired. President Jonathan gave to Nigeria his very best. He was conscious of his humble beginnings and he wanted to make a statement.

He was a poor man’s son who made it to the highest level in Nigeria. He was an embodiment of the Nigerian dream.

But Nigerian politics is vicious and dirty. You will find a sense of that in this book. He projects himself as a “victim”, but he probably does not tell the full story, which is okay. It means he can tell more stories. There are persons who will read this book and throw tantrums, but may such persons, like Nasir el-Rufai and the Governor of Borno state and all the deceitful associates who fooled the President during the 2015 elections, for reasons of religion and ethnicity, be reminded that this is all told a very kind book. President Jonathan playing the statesman has refused to tell it all. He has held back much more than he has given away.

Some of us who were part of his “Main Body” may have now been unwittingly empowered to tell more stories.

I know that my boss is excited by this book.

He wants to be remembered for the right reasons and not for the fake news that his opponents reported about his Presidency. President Goodluck Jonathan was President at a unique moment in Nigerian history. His emergence and experience both mark a special moment in Nigerian history.

I urge you to read this book, his first one, on what he encountered as Nigeria’s President, before, during and after. Despite the travails of his post-office experience, Goodluck Jonathan, his legacy and value, will survive beyond his “transition hours”. He will, beyond everything else, find a good place in Nigerian history.

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