TUESDAY 4TH DECEMBER 2018

Buhari Toughens War against Terror, Orders Equipment Procurement Directs Buratai to oversee operations from North-east Approves promotion for senior officers

Kingsley Nwezeh in Abuja

President Muhammadu Buhari yesterday toughened the fight against terror, ordering immediate procurement of essential military equipment

that could enhance the effectiveness of the soldiers at the theatre of war in the North-east. The president also directed the Chief of Army Staff, Lt.Gen. Tukur Buratai, to

return to the North-east and remain there until the situation improves even as the Commander-in-Chief ordered the promotion of senior officers who are due to move up to their next rank.

The series of orders were a corollary of his earlier demand for a containment plan following Boko Haram attack on 157 Task Force Battalion at Metele, Borno State, during which 23 soldiers and their

commander were killed a couple of weeks ago. The Chief of Defence Staff, General Gabriel Olonisakin, and the army chief were also mandated to effect leadership changes in operational

commands across the nation. These decisions were contained in a statement by the Public Relations Officer to the Minister of Defence, Continued on page 8

Despite Poor Infrastructure, FG Rakes in N45bn from Aviation Agencies… Page 8 Tuesday 4 December, 2018 Vol 23. No 8630. Price: N250

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Fashola: Tinubu, Ambode and I are Cool Chineme Okafor and Amaka Mozie in Abuja

UNVEILING GPPS PROWESS... L-R: Vice Chairman, ExxonMobil and Guest of Honour, Mr. Udom Inoyo; Managing Director/CE, Global Process and Pipeline Services (GPPS), Mr. Obi Uzu; Executive Secretary/CE, Nigerian Content Development Management Board, Mr. Simbi Wabote; and Chairman (GPPS), Prince S. Cookey; during the unveiling of GPPS operational base and office building complex in Port Harcourt, Rivers State… recently

The Minister of Power, Works and Housing, Mr. Babatunde Fashola, yesterday reviewed his relationship with former governor of Lagos State, Senator Bola Tinubu, and Governor Akinwunmi Ambode, saying they are cool and in good terms. “Tinubu, Ambode and I are Continued on page 6

Launching Presidential Rally in Sokoto, Atiku Urges Nigerians to Vote Out APC Iyobosa Uwugiaren, Adedayo Akinwale in Abuja and Onuminya Innocent in Sokoto The Peoples Democratic Party (PDP) presidential campaign kicked off yesterday at the Shehu Kangiwa Square, Sokoto, with the presidential candidate, Alhaji Atiku Abubakar; former President Goodluck Jonathan; Senate President Bukola Saraki; Speaker Yakubu Dogara and others calling on Nigerians, particularly those in the North-west to vote out the

All Progressives Congress (APC), which they said was responsible for the pervasive hunger and poverty in the country. In the rally moderated by the National Publicity Secretary of the party, Mr. Kola Ologbondiyan, and Senator Dino Melaye, the senator representing Kogi West senatorial district, top leaders of the party took their turn to address the crowd, tasking the people to vote out the President Muhammadu Continued on page 6

US, China Trade Truce Raises Crude Oil Price to $62... Page 6

THE BATTLE BEGINS... Peoples Democratic Party faithful at the party’s North-west presidential rally in Sokoto… yesterday

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US, China Trade Truce Raises Crude Oil Price to $62 Qatar to quit OPEC January 2019

Ejiofor Alike with agency reports Crude oil price jumped by more than five per cent yesterday after the United States and China agreed to a 90-day truce in a trade dispute ahead of December 6 meeting of the Organisation of Petroleum Exporting Countries (OPEC) that is expected to cut global supply. The surge in crude oil prices is coming as Qatar said it was quitting OPEC from January 2019 to focus on its gas ambitions, taking a swipe at the group’s de facto leader, Saudi Arabia and marring efforts to show unity before this week’s meeting of the cartel to tackle an oil price slide. The United States’ West Texas Intermediate (WTI) light crude oil rose $2.92 per barrel to a high of $53.85, up 5.7 per cent, before easing to around $53. The global benchmark crude, Brent crude rose 5.3 per cent or $3.14 to a high of $62.60 and was last trading around $61.75. China and the United States agreed during a weekend meeting in Argentina of the Group of 20 leading economies not to impose additional trade tariffs for at least 90 days while they hold talks to resolve

existing disputes. Reuters reported that the trade war between the world’s two biggest economies has weighed heavily on global trade, sparking concerns of an economic slowdown. Crude oil has not been included in the list of products facing import tariffs, but traders said the positive sentiment of the truce was also driving crude markets. Oil also received support from an announcement by the Canadian province of Alberta that it would force producers to cut output by 8.7 per cent, or 325,000 barrels per day (bpd), to deal with a pipeline bottleneck that has led to crude building up in storage. OPEC meets on December 6 to decide output policy. The group, along with non-OPEC member Russia, is expected to announce cuts aimed at reining in a production surplus that has pulled down crude prices by around a third since October. According to an analyst, markets are expecting to see a substantial production cut after Russian President, Vladimir Putin, said his country’s cooperation on oil supplies with Saudi Arabia would continue.

Qatar to Quit OPEC January 2019 Meanwhile, Qatar said yesterday it was quitting OPEC from January to focus on its gas ambitions, taking a swipe at the group’s de facto leader Saudi Arabia. Doha, one of OPEC’s smallest oil producers but the world’s biggest liquefied natural gas (LNG) exporter, is embroiled in a protracted diplomatic row with Saudi Arabia and some other Arab states. Qatar, which produces 600,000 barrels of oil per day, said its surprise decision was not driven by politics but in an apparent swipe at Riyadh, Minister of State for Energy Affairs Saad al-Kaabi said: “We are not saying we are going to get out of the oil business but it is controlled by an organisation managed by a country.� He did not name the nation. Al-Kaabi told a news conference that Doha’s decision “was communicated to OPEC� but said Qatar would attend the group’s meeting on Thursday and Friday in Vienna, and would abide by its commitments. He said Doha would focus on its gas potential because it was not practical “to put efforts

and resources and time in an organisation that we are a very small player in and I don’t have a say in what happens.� Delegates at OPEC, which has 15 members including Qatar, sought to play down the impact. But losing a long-standing member undermines a bid to show a united front before a meeting that is expected to back a supply cut to shore up crude prices that have lost almost 30 per cent since an October peak. According to agency reports, it also highlights the growing dominance over policy making in the oil market of Saudi Arabia, Russia and the United States, the world’s top three oil producers which together account for more than a third of global output. Riyadh and Moscow have been increasingly deciding output policies together, under pressure from U.S. President Donald Trump on OPEC to bring down prices. Benchmark Brent is trading at around $62 a barrel, down from more than $86 in October. “It could signal a historic turning point of the organisation towards Russia, Saudi Arabia and the United States,� said Algeria’s former energy minister and OPEC chairman, Chakib Khelil, commenting on Qatar’s

move. He said Doha’s exit would have a “psychological impact� because of the row with Riyadh and could prove “an example to be followed by other members in the wake of unilateral decisions of Saudi Arabia in the recent past.� Qatar, which Al-Kaabi said had been a member of OPEC for 57 years, has oil output of just 600,000 barrels per day (bpd), compared with Saudi Arabia’s 11 million bpd. But Doha is an influential player in the global LNG market with annual production of 77 million tonnes per year, based on its huge reserves of the fuel in the Gulf. OPEC members Saudi Arabia and the United Arab Emirates, and fellow Arab states Bahrain and Egypt, have imposed a political and economic boycott on Qatar since June 2017, accusing it of supporting terrorism. Doha denies the charges and says the boycott aims to impinge on its sovereignty. Al-Kaabi, who is heading Qatar’s OPEC delegation, said the decision was part of a long-term strategy and the country’s plans to develop its gas industry and increase LNG output to 110 million tonnes

by 2024. “A lot of people will politicise it,� Al-Kaabi said. “I assure you this purely was a decision on what’s right for Qatar long term. It’s a strategy decision.� Qatar’s influential former prime minister, Sheikh Hamad bin Jassim al-Thani, said on Twitter that OPEC “is only used for purposes that hurt our national interests.� The exit is the latest example of Qatar charting a course away from its Gulf neighbours since the rift began last year. It comes before an annual summit of Gulf Arab states expected to grapple with the roughly 18-month standoff. Once close partners with Saudi Arabia and the UAE on trade and security, Qatar has struck scores of new trade deals with countries further afield while investing heavily to scale up local food production and ramp up military power. “There is a sentiment in Qatar that Saudi Arabia’s dominance in the region and the region’s many institutions has been counterproductive to Qatar,� said Andreas Krieg, a political risk analyst at King’s College London. “It is about Qatar breaking free as an independent market and state from external interference.�

LAUNCHING PRESIDENTIAL RALLY IN SOKOTO, ATIKU URGES NIGERIANS TO VOTE OUT APC Buhari administration, which they said had brought hunger and poverty to the country, especially in the North-west geo-political zone. Atiku described Buhari as incompetent in handling the country’s affair, saying the task of making Nigeria work again is a collective effort of all Nigerians and asked them to vote out Buhari in 2019. The former vice-president, who said if given the opportunity, he would turn around the fortune of the country, said he has what it takes to move Nigeria forward. He decried the worsening security situation in the North, adding that in 2015, there were no security challenges in the North-west. Atiku said one of his major tasks if voted into power in 2019 would be to over haul the security architecture of the country. Atiku, the traditional title holder of Waziri Adamawa, further explained that Nigeria’s economy is in a sorry state and promised to tackle it headlong, adding that youth unemployment is another bane of the country, promising to create jobs for the teeming youths and improve on power supply. Others who spoke at the rally include, former governors, Sule Lamido, (Jigawa); Babangida Aliyu (Niger); Rabiu Kwankwaso, (Kano); and Ahmed Makarfi (Kaduna). Others include Governors Aminu Tambuwal (Sokoto), Darius Ishaku (Taraba); former

vice-president, Namadi Sambo; and Uche Secondus, the PDP national chairman and others. Welcomed to the rally with thundering ovation by the crowd, former President Jonathan said only the PDP and Atiku can make Nigerians eat well three times daily, asking the people to vote for the party. Arguing that the North-west is the most populous part of Nigeria, Jonathan said it is the region’s time to ‘’show Nigeria the way.’’ He added, “We have seen four presidents, from Obasanjo to our late brother, Yar’Adua, to me; and to the current president. You have seen how the various presidents and the various parties have worked, and one thing that is very clear is that PDP is still the number one party. “There is something that all of us need as human beings, everybody eats, everybody, every day must eat, and if you cannot eat well, then you are not happy. PDP is the only party that can make sure all of us eat very well, in the morning, in the afternoon, and in the evening.� He advised the huge crowd not to vote wrongly; else their children and grandchildren will not forgive them. According to the former president, “Let us not make any mistakes, those of us that are adults, old enough to vote, if we vote wrongly, our children and grandchildren will not forgive us. Today, our country has a lot of challenges; look at all the presidential

candidates, all of them are good people, but among all, we have seen that it is only Atiku that can deliver. “If you have a soccer match, you go with your best 11, you don’t manage, if you have a wrestling or a boxing tournament, you go with your best, you don’t manage. “Atiku is experienced enough; he has demonstrated clearly from his personal life and his business life that he has that capacity to bring this country to one, and make our economy grow, so that all of us will have food to eat.� On his part, Saraki said Nigerians have tried Buhari and he has failed the country, asking the people of the Northwest to be ready to cast their votes for the PDP presidential candidate. He said, “Today is a great day, today we are making history. As the Director-General of the campaign, when we said we wanted to come to the North-west, they said it was a no-go area for PDP, but today, North-west is PDP. “Today, North-west is speaking for PDP, because they told us it was a no go area. Alhamdulillah Robilalamin (Glory be to God) that today, you have shown you are ready to go PDP. And for years, North-west leads the country and today, North-west says it is time to vote for PDP.� Saraki added that Atiku would be voted for because he understands how to make the country better. According to him, “The man that can bring food to

the table, the man that can fight security, the man that can unite Nigeria, Atiku Abubakar. ‘’It is about food, security and we will vote Atiku Abubakar because he understands it, he knows how to make good choice, he knows how to make things work, he knows how to unite Nigerians, that’s why we will vote him. “We have tried this one (Buhari), but he has failed. North-west has spoken and the entire Nigerians will speak.� While also addressing the rally, the Speaker of House of Representatives, Dogara, said Nigeria is not safer today than it was in 2015, saying the nation’s economy has since deteriorated, asking the people to kick out the Buhari administration. The Sokoto State Governor, Tambuwal, who is also the Coordinator of the presidential campaign in the North-west zone, urged the people of the zone to vote the former vice president for a better and greater Nigeria. Most of the governors, who addressed the people in Hausa and partly in English, reiterated the same message, asking the people to vote Atiku Abubakar, the presidential candidate of the PDP and vote out hunger, as represented by Buhari-led administration. The National Chairman of the party, Secondus, declared that the mission to rescue Nigerian has begun in Sokoto. He said that the PDP has chosen a credible and experienced candidate in

persons of Atiku and Obi to lead the rescue mission, noting that Atiku has what it takes to turn the economy around, create jobs and unite the country. Secondus, again, warned the Independent National Electoral Commission (INEC) and the security agencies not to undermine the country by attempting to rig the election. The national chairman later presented the party’s flag to the presidential candidate and the governorship candidates from the zone. Meanwhile, the PDP Presidential Campaign Council (PCC) said last night that the mammoth crowd of supporters that received PDP’s presidential candidate, Atiku at the North-west presidential zonal rally in Sokoto, was a clear demonstration that Nigerians across the board have reached a consensus to vote Atiku in as the next president of our country. In a statement signed by the council spokesman, Ologbondiyan, the campaign council appreciated and commended the courage and show of patriotism by the people of the North-west ‘’in rejecting President Buhari and sectional politics’’ to support Atiku, in keeping with the collective quest to unify the nation and revamp the nation’s ailing economy. It said, ‘’Atiku Abubakar’s acceptance by the North-west establishes the common feeling among Nigerians that he embodies a practical solution to the myriad of

guarantees for investors interested in building new power plants in the country. He added that instead, the government would support interested investors with stable conditions for their investments. The minister explained that

he had offered an opinion to NERC and other stakeholders in the power market that reviewing tariffs for the Discos without ensuring that they adequately close up the metering gap in the

FASHOLA: TINUBU, AMBODE AND I ARE COOL cool,� he told panelists on the ‘Morning Show’ programme of Arise TV, a broadcast arm of THISDAY, yesterday. There have been speculations that Tinubu and Ambode have not been in good terms with Fashola since he left office in 2015 to

take up his present position. But he dismissed the speculations even as he clarified some of his policy options in the power sector, stating, for instance, that the Nigerian Electricity Regulatory Commission (NERC) should ensure that

the distribution companies (Discos) comprehensively provide meters to consumers in their networks before the regulatory agency implements a review of tariffs. Fashola also said the federal government was no longer keen on providing sovereign

Continued on page 8

problems brought upon our nation by Muhammadu Buhari’s incompetent, divisive, repressive and insensitive administration. ‘’The massive reception expresses the confidence of the North-west in Atiku Abubakar’s proven pro-poor stance; his standing affinity with the down-trodden and his demonstrated competence, capacity and political will to revamp our economy, end starvation, sectional acrimony, human rights abuse and humongous corruption, which the Buhari administration has unleashed on our nation in the last three and half years.’’ The PDP campaign council, therefore, urged the people of the North-West and Nigerians in general, to continue to stand in unity in their resolution to vote for Atiku as the next president and free the nation from the clutches of his misrule.

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Despite Poor Infrastructure, FG Rakes in N45bn from Aviation Agencies Chinedu Eze Revenue generating agencies in the aviation industry remitted over N45 billion to the federal government between 2015 and 2018, amid poor airport infrastructure, absence or obsolete landing aids and inadequate manpower development, THISDAY findings have revealed. These revenue generating agencies include the Federal Airports Authority of Nigeria (FAAN), the Nigerian Civil Aviation Authority (NCAA) and the Nigerian Airspace Management Agency (NAMA), which are mandated by law to pay 25 percent of their gross earnings to the federal government’s Consolidated Revenue Fund (CRF). Data obtained from the aforementioned agencies showed that while in the last three years, NCAA remitted about N17 billion to government; NAMA paid N15 billion, while FAAN paid N13 billion. While NAMA and the NCAA refused to make available full details of remittance to the government, payments by FAAN obtained by THISDAY showed that in 2015, FAAN paid N4,151,496,255. 29; in 2016 it

paid N2,565,736,042.80; 2017 it also paid N3,511,824,344.60 and in the first three quarter of 2018, it paid only N2,034,849,312.27, making it a total of N12,943,905,954.96. Reacting to these payments, the President of Air Transport Service Senior Staff Association (ATSSSAN), Mr. Ilitrus Ahmadu, called for a review of the 1999 Constitution as amended such that the funds would be deployed for the development of airport infrastructure, provide navigational aids and modernise airport terminal facilities, saying when the funds are paid to government they are never used to fund any project in the industry. He said, “I think there are infrastructural issues begging for attention in the industry, which this money could be used to solve, so why ask FAAN to remit this money to the government? If government allowed FAAN to use this money to provide essential facilities it can monitor if the agency is judiciously utilising the money. This is not excess generated funds that government is demanding from these agencies; they are mandated to pay 25 per cent of their budgeted revenue to government.

money we earn we use to bribe government officials at the ministry just for them to approve the projects we want to do to improve the airports. “They are not interested in the maintenance of the airports. Sometimes they order for irrelevant projects to be done at the airports but you cannot question them. That is how bad it is.� Furthermore, the FAAN official said airport facilities would improve if the ministry could allow FAAN to use 20 per cent of its revenue to develop the airports. “The people who manage the airports are not held accountable for what happens at the airports because they are not the ones that take the decision on how the facilities are run. If FAAN is given financial autonomy it will improve the airport infrastructure and become innovative like other airport management companies around the world,� he said. The Managing Director of Aviation Consulting Company, Mr. Tayo Ojuri, lamented that government does not give the agencies subvention; yet it collects 25 per cent of the revenues the agencies pay into Single Treasury Account (TSA).

According to him,“In a situation where the government decides to cut the budget all the time, it means the government hasn’t realised yet that aviation is an economic catalyst. There is never enough money. But I believe commercialising these airports will drive inflow and being able to input that money that is realised from the airport to develop capital projects within the airport. This will actually be revenue generating. “Ghana Airport Company Limited is a commercial entity, it is free from government interference as it can take a loan and do anything it wants to. FAAN is still tied too much to the government. Management of the airports is still tied to government bureaucracy and this is where the challenge is. So, moving forward, we need to commercialize the airports and it will function in line with best international practices.� An official from NAMA also told THISDAY that government has judiciously been removing agencies’ monies “and NAMA does not spend any money that has not been budgeted. We strictly follow the rules but we don’t talk about the money they take from us.�

Commander-in-Chief of the Armed Forces has directed the enhancement of the welfare of troops particularly those serving in operational areas within the country. "The Chief of Defence Staff and Chief of Army Staff were also mandated to effect changes in the operational commands of Operations Delta Safe in the Niger Delta, Lafiya Dole in the North-east, Sharan Daji in Zamfara and Katsina States and Awatse in the South-west. “This is to enable them meet up with the current threats and security

challenges in their areas of responsibility.� Meanwhile, Buratai, at a dinner for the troops of the Armed Forces Special Forces Battalion (AFSF Bn) and Army Headquarters Strike Group in Maiduguri, stated that the Armed Forces of Nigeria and other security agencies were now fighting terrorism as insurgency had long gone. Boko Haram terrorists, he said, had no claim to any territory in Nigeria. He, therefore, implored them to put to good use the tactics acquired during

their special forces training in order to flush out the remnants of the terrorists. He emphasised that, adequate attention would be given to in-theatre training, and intelligence gathering and capabilities of personnel would be enhanced. Buratai also urged them to "maintain the peace in the country, support other security agencies and defend the democratic system as every commander is already aware of what is expected of them especially, in the upcoming general elections of 2019."

powers to give directives to NERC, I do and I have acted within the law. “I am not under any pressure to deliver projects for campaign promises. We set out a clear plan from when I assumed office, we set our agenda and we have faithfully implemented that agenda. We set out to deliver incremental power, move on to steady power and hopefully get to an uninterrupted power.�

Instead of providing sovereign guarantees, the government, Fashola said, would support interested investors with stable conditions for their investments. With regards to claims that Nigeria may have defaulted in monthly payment of revenue due to the 459 megawatts (MW) Azura-Edo power plant and that its promoters were about to call up the sovereign guarantee due to them, Fashola stated that no payment default has been recorded so far. He also noted that the government has learnt lessons from its negotiation of sovereign guarantees with Azura and was no longer keen on giving any of such guarantees to new investors in power systems in Nigeria. Fashola said, “We are not in default. The payment cycle to Azura like all others goes with the payment cycle in the electricity industry, where we first collect what the Discos

have made and remit and we provide the balance with the payment assurance guarantee. “The Azura project was not initiated under this administration; it was started by the previous government but they couldn’t complete the paper work because the bureaucracy was not encouraging enough. We don’t have difficulties at this moment to the best of my knowledge. “That is why you probably hear from companies now they want sovereign guarantee and we say no, wait a minute, it is not government that wants the power, it is the people. Why don’t you modify your business model and meet with the people because people who sell generators get their power sold without sovereign guarantee, and if all they are selling is power plants and you have molecules of energy, which is what people need, take it to the market and we will support you with policies.�

Minister of Aviation, Hadi Sirika “NCAA needs a lot of money for human capital training and establishment of some facilities, including the Nigerian College of Aviation Technology (NCAT), Zaria which needs funds to upgrade its facilities to the global standard as the International Civil Aviation Organisation (ICAO) recognized it as excellence training centre. “For now the school is not conducive for training, it needs more money to upgrade it to top training institution it ought to be.�

However, a senior FAAN official told THISDAY that it is only in Nigeria that airport agencies are meant to pay money to government, saying that in other parts of the world, airports use the money generated to develop the airports. The source said, “In other parts of the world, airports do not collect money to pay to government; that is why our situation is pathetic. Our model of airport management is different from any other in the world. Most of the

BUHARI TOUGHENS WAR AGAINST TERROR, ORDERS EQUIPMENT PROCUREMENT Colonel Tukur Gusau, at the end of the Army Council and Navy Board meetings held in Abuja yesterday. The meeting was presided over by the Minister of Defence, Brig. Gen. Mansur Dan-Ali (rtd). The presidential directives, according to the statement, were anchored on the federal government's policy of procurement from original manufacturers on "government to government basis." It stated, "The President, Commander-in-Chief of the Armed Forces has also

directed the emergency procurement of critical equipment for the Armed Forces of Nigeria in line with the federal government’s policy of procuring equipment from Original Equipment Manufacturers through government to government basis. "The Minister of Defence, Mansur Muhammad DanAli met with the CDS and Service Chiefs today Monday 3 December 2018 at the Ship House, Headquarters of Ministry of Defence and consequently directed the Chief of Army Staff to

remain in the North-east until security situation improves. "Similarly, the General Officer Commanding the 8 Division, Nigerian Army was also directed to relocate his Tactical Headquarters from Sokoto to Gusau, Zamfara State to oversee the conduct of Operation Sharan Daji. "The Council/Board also considered and approved the promotion of qualified senior military officers to their next higher ranks. In a related development and a show of concern to the welfare needs of members of the Armed Forces, the President,

FASHOLA: TINUBU, AMBODE AND I ARE COOL industry would be unfair to consumers. Fashola maintained that it was not his job to fix electricity rates, but that his views were based on ensuring that all parties in the industry, operators and consumers, were treated fairly by the market. “It is not the job of the minister to determine the price of electricity. That is not my work; it is the job of the Nigerian Electricity Regulatory Commission (NERC). The only opinion I have expressed, I think, is that it will be fair to consumers to ensure first that they have meters before you review the rates upwards so that at least people can control what they consume,� said Fashola in the interview monitored in Abuja. He explained further, “My views have been borne out by the evidence that when people have meters, in some cases, not in all cases, they pay less and they are able to control what they use.

“But the person who has the authority to determine whether electricity price will go up or down is not President Buhari; it is not Vice President Osinbajo; it is not any minister; it is the regulatory agency, the NERC, they fix the price of energy and they do so in consultations.� Recently, the NERC mandated the Discos to undertake and complete comprehensive enumeration of customers within their networks by March 31, 2019, in preparation for the formal take-off of its Meter Assets Providers (MAP) scheme. Fashola, however, noted that he had been vilified unfairly by the Discos for actions he had taken in line with the laws governing the sector. The minister identified such actions he had taken, which were condemned by the Discos to include, the eligible consumers’ regulation and energising education and

economy schemes of the Rural Electrification Agency (REA). He, however, added that the actions were in line with existing laws. “When I supported the upward review of tariff in 2016, the Discos didn’t complain. It was citizens who complained and so it doesn’t look like I can win here. I thought that a review at that time was appropriate. But when I ask the Discos to do their jobs, I become a bad guy,� Fashola added. Speaking on the allegations that he eroded the independence of NERC and turned it into a puppet, Fashola stated that when he took charge of the sector, NERC was without a complete board and so could not take policy decisions, hence, his interference on policy direction. He explained, “I took charge there but there was never a time I assumed the job of the NERC. If you look at the law, you will see that I have

No More Sovereign Guarantees to Power Investors Meanwhile, Fashola has also declared that the federal government was no longer keen on providing sovereign guarantees to investors interested in building new power plants in the country. Government's new position may not be unconnected with a not-too-palatable experience with the Azura Power project in Edo State.

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

Shettima-led Committee Moves to Reconcile South-west APC, Meets Osinbajo Michael Olugbode in Maiduguri

The move to unite the warring members of the All Progressives Congress (APC) in the South-west has begun with a meeting of the

reconciliation committee led by Borno State Governor, Alhaji Kashim Shettima, with Vice President Yemi Osinbajo. A statement by the spokesman of Shettima, Mallam Isa Gusau, e-mailed to THISDAY said: “The

DSS Parades Woman over Alleged Use of First Lady’s Office for Fraud Alex Enumah in Abuja The Department of State Services (DSS) yesterday at its headquarters in Abuja paraded a woman accused of having unauthorised access to the Aso Rock Presidential Villa using the Office of the First Lady, Aisha Buhari, to swindle unsuspecting Nigerians. The woman, Amina Mohammed, who according to the DSS, is also known as Justina Oluaha and Amina Villa, was said to have in November last year paraded herself as the First Lady of Kogi State. She was discovered in this act following a complaint by one of her victims, one Alexander Okafor, also known as Chikason. Spokesperson of the DSS, Peter Afunanya, during the parade, told journalists that the woman used the false identity to evade protocol and scrutiny and gain access to the Villa, particularly residence of the first lady, due to the respect accorded to personalities such as first ladies, ministers and certain categories of public officers. “What may even surprise you is that Amina, whose phone number is registered

with the name Amina Villa, had on the said date invited one Dr Alexander Chika Okafor (aka Chikason) to the Villa wherein she made him believe the invitation was at the instance of the first lady. Investigation has revealed that the First Lady was away on lesser Hajj and not in the Villa during the period. “Okafor had complained that he was fleeced of N150million in respect of a Court of Appeal property in Lagos which Amina had promised to help him buy through the First Lady. The property was said to have been part of those under the Presidential Implementation Committee on Lease of Federal Government Properties,” he said. Afunanya, while stating that Mrs. Buhari is not in the know of the activities of the woman, noted that Amina was only using the name of the first lady and her office as bait to lure and defraud her victims. He accordingly advised members of the public to be wary of individuals or groups that drop names and offices of high government officials to defraud them. However, the women denied the allegations insisting she was innocent.

National Assembly Summons US Ambassador overVisa Denial to Nigerians The National Assembly has summoned the United States Ambassador to Nigeria, Mr. Stuart Symington, over the alleged high rate of visa denial to Nigerians. The invitation was said to be at the instance of an activist, Kayode Bello, who petitioned the House of Representatives over the matter. Many Nigerian students seeking to study in US schools were allegedly denied visas despite spending a lot of money on different fees. Some of the fees were application fees, evaluation fees, courier fees, service fees, visa fees, school fees. The PUNCH reported that the fees were said to be nonrefundable. While some of the students claimed that they were denied visas because they were not married, others said they were denied because only one of their parents was their sponsor. According to The Punch, a parent claimed that his daughter’s interview was

cut short because she asked the interviewer to speak up. It was further learnt that the embassy usually issued preprinted blue papers to those it rejected without giving a specific reason for the decision. A former ambassador to the US, John Campbell had, however, said visas were given by consular officers on a case by case basis, adding that the refusal of many people to return home after finishing their programmes made the process difficult. The activist, Bello, petitioned the National Assembly through a member representing the Ede and Ejigbo Federal Constituency, Prof. Mojeed Alabi, after suffering a similar fate of denial. The summon, titled, ‘Indiscriminate denial of United States of America visa and illegal increment of exchange rate of visa fee by the American embassy’ was signed by the House Committee Chairman on Public Petitions, Uzo Azubuike.

meeting was part of ongoing consultations and hearings from specific leaders and members of the APC from the Southwest.” He revealed that “the vice president gave an insightful overview of his understanding of the issues in each of the six states of Lagos, Ekiti, Ogun, Ondo, Osun and Oyo with thoughts of possible ways out.” The aide said Shettima led other members of a national peace and reconciliation

committee, set up by the APC to reconcile aggrieved members in South-west geo-political zone, to the presidential villa, for a consultative meeting with Osinbajo. Gusau said other members of the committee at the meeting included Governor of Kaduna State, Mallam Nasiru El-Rufai; former Deputy Governor of Ekiti State, Professor Modupe Adelabu; Director General of NIMASA, Dr.

Dakuku Peterside, and Sa’ida Sa’ad Bugaje. He said the meeting held at the room of the vice president in Abuja lasted more than an hour. Gusau said the committee members, after meeting with the vice president, would be meeting other specific leaders in each of the states to get varied positions so as to be equipped with facts. The committee will tomorrow make public

invitations to give sufficient notice for aggrieved members to appear during the committee’s sittings in Lagos, Ekiti and Oyo States to hear submissions for the six states that will be paired for each day’s sitting. Gusau however revealed that two members of the committee, Governor Akinwunmi Ambode of Lagos State and former Senate President, Ken Nnamani, were not at the meeting with the vice president.

2019 IN FOCUS…

L-R: Chairman, Lagos Mainland Local Government Area, Hon. Rasheedat Omolola Essien; Senator, representing Lagos Central, Mrs. Oluremi Tinubu; Director General, Oluremi Tinubu 2019 Campaign Team, Hon. Wahab Alawiye-King; and Chairman, Lagos lsland East LCDA, Hon. Kamaldeen Bashua, during a media parley by Oluremi Tinubu to unveil her senatorial campaign in Lagos ... recently ABIODUN AJALA

FG: Poor,Vulnerable Nigerians Benefiting from World Bank’s $500m Credit George seeks removal of Osinbajo over disbursement of traderMoni Iyobosa UwugiareninAbujaand Segun James inLagos The federal government’s special intervention programmes under the Social Safety Net’s coordinating office yesterday said it has received a boost of $500 million credit from the World Bank. This is coming as the leader of the Peoples Democratic Party (PDP) in the South-west, Chief Bode George, has called for the removal of Vice President Yemi Osinbajo for what he described as “executive recklessness and abuse office” in the disbursement of the N10,000 ‘tradermoni’ to market women in Lagos State and Abuja. The National Coordinator,

National Social Safety Nets Coordinating Office(NASSCO), Iorwa Apera , who stated this in Abuja yesterday while speaking with journalists said the federal government is utilising a three-year World Bank grant to the tune of $500 million to energise its special intervention programmes, which include conditional cash transfers and youth development initiatives. While explaining the activities of NASSCO and the Social Safety net’s programmes of the current administration, Apera said the programmes, including the Conditional Cash Transfer, the Youth Empowerment and Social Support Operations (YESSO) and the Community and Social Development Project (CSDP), were

also being funded with the $322 million Abacha loot received from the Government of Switzerland. He said the data of the poor and vulnerable being captured in the states by NASSCO is difficult to hijack by politicians, adding that the register is compiled with direct inputs from affected communities. While defending the decision to divert funds like the Abacha loot towards social safety nets, Apera said studies have found that 68 percent of cash transferred to pregnant women at the rate of N5,000 goes into consumables. Meanwhile, the leader of PDP in the South-west region, Chief Bode George, has called for the

removal of Vice President Yemi Osinbajo for what he described as “executive recklessness and abuse office” in the disbursement of the N10,000 ‘tradermoni’ to market women in Lagos State and Abuja. George, who was the keynote speaker in a one-day colloquium tagged: ‘The South West Speaks’ held at the Muson Centre yesterday, said the market money being distributed was never budgeted for. He therefore wondered where the money came from, adding that “in more civilised nations, Osinbajo would have been sacked and prosecuted for gutting our collective treasury.”

N’Assembly Clerk Faults Planned Strike by Assembly Staff Deji Elumoye in Abuja The Clerk of the National Assembly, Mr. Mohammed Sani-Omolori, has faulted the proposed strike by parliamentary staff of the assembly over unpaid salaries and outstanding promotion, saying the workers did not follow due process over the

matter. Parliamentary Staff Association of Nigeria (PASAN) had at the weekend threatened to picket the National Assembly from December 4 over nonpayment of outstanding salaries, allowances and promotion, and threatened to embark on strike from December 14 if their requests

were not met by then. Sani-Omolori in a sevenpage letter with reference number NASS/CNA/149/ Vol.6/75 dated December 3 and addressed to PASAN over the two-week ultimatum given to the assembly management to address all welfare issues of the workers raised or face strike, expressed concern that

PASAN did not exhaust all options before threatening to embark on strike. According to him, “Your determination to embark on industrial action by all means without exhausting the options available to you is uncalled for. Picketing and strike should be the last resort instead of the first in industrial relations.”

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NEWS

Atiku Expresses Shock as Bandits Kill 50 Policemen We did not lose 50 personnel, says police spokesman Adedayo Akinwale in Abuja The Presidential candidate of the Peoples Democratic Party, Atiku Abukakar, has expressed shock over the deaths of 50 policemen in Zamfara State at the hands

of bandits. But the police spokesman, Mr. Jimoh Moshood , a Deputy Commissioner of Police (DCP) has clarified that the force did not lose 50 personnel in the attacks. “That is not true; we did

Buhari: I Won’t Complain Again about Nigeria’s Problems Seeks concerted efforts against climate change Shola Oyeyipo in Abuja President Muhammadu Buhari has promised not to complain again about the problems his administration inherited from the previous administration. President Buhari has also urged United Nations (UN)-member countries to rededicate themselves to the task of rebuilding and restoring a healthy environment for future generations. The president said lamenting over Nigeria’s history of corruption and mismanagement of resources has not helped his administration much, adding that he will now face the challenges head on. He stated this during an interaction with Nigerians at the Kraków Holiday Inn, Poland, an event put together by his Senior Special Assistant on Foreign Affairs and Diaspora, Abike Dabiri, as part of his engagements on the sidelines of the global summit on Climate Change, taking place in Poland. He said, “We inherited so many problems; actually l have said l will not complain because l asked for it. I tried to become president three times and I lost, but I was lucky the fourth time; l became one; so, l can’t complain. “Who asked me to do it again? Three times l ended up in the Supreme Court. The third time, l said God dey and the fourth time,

God and technology, using the Permanent Voters Card and the Card Readers, they couldn’t rig the elections; so, l won.” Buhari also expressed delight at the resilience of Nigerians in Poland, which he said has helped them maintain good relationships with their host communities despite such cases of hostilities and racial discriminations. The president was earlier briefed about the challenges Nigerians face in Poland as well as their relative good behaviors despite the high level of hostilities and discriminations in the country compared to the stories about how Nigerians behave elsewhere. Meanwhile, Buhari has urged United Nations (UN)member countries to rededicate themselves to the task of rebuilding and restoring a healthy environment for future generations. Speaking yesterday in Katowice, Poland, the Nigerian leader noted that no country can confront climate change alone. In an address to the opening session of United Nations Climate Change Conference (COP24), the president warned that the challenges of climate change, including rising temperatures, desertification, floods, low agricultural yields and drying up of water bodies, are enormous and evident to all.

Court Grants EFCC Leave to Arraign Alison-Madueke, Omokore A Federal Capital Territory (FCT) High Court in Apo yesterday granted the Economic and Financial Crimes Commission (EFCC) leave to arraign former Minister of Petroleum Resources, Diezani Alison-Madueke, and a former Chairman of Atlantic Energy Drilling Company, Olajide Omokore, on February 25. Alison-Madueke and Omokore, are to be arraigned on five counts bordering on conspiracy and illegal act of accepting and giving gratifications. Trial judge, Justice Valentine Ashi, granted the EFCC leave, after the prosecution counsel, Mr. Faruk Abdullahi, told the court that while investigations were ongoing, the former minister left the country and is currently in the United Kingdom. He alleged that Alison– Madueke, refused to honour an invitation by the EFCC to

appear at the commission. The suspects, are to be arraigned for allegedly accepting and giving gifts of properties described as penthouse 22, Block B, Admiralty Estate, Ikoyi, and penthouse 21, building 5, block C, Banana Island, Lagos. The EFCC said the alleged offence, contravened the provisions of Sections 26(1) and 17 of the Corrupt Practices and Other Related Offences Act, 2000. The counsel for the second defendant, Tayo Adeniyo (SAN), told the court that his client was not served with the charges and his client was ready to clear his name. NAN reports that on November 11, the EFCC confirmed that the process to repatriate the former Minister of Petroleum, Alison-Madueke, from the United Kingdom has begun.

not lose 50 policemen. What happen is that among the 12 policemen that were injured, one died today in the hospital bringing the number of policemen who died to two. “Remember we said during the attack, we lost one policeman while about 104 bandits were killed and over 50 of their hideouts destroyed. So, we didn’t lose 50 policemen,” he explained. But Atiku, in a statement issued yesterday by his media office, said he was pained that those who have dedicated their lives to securing Nigeria are being cut down in their prime. To this end, the former vice president called for a state of emergency to be declared not in Borno or

Zamfara States. He said, “Coming so soon after the heavy losses sustained by the Nigerian Army at the hands of Boko Haram in Metele, Borno State, this new casualty figure is a red flag that calls for immediate and decisive action on the part of the leadership of Nigeria.” “As such, Atiku Abukakar calls for a state of emergency to be declared not in Borno or Zamfara States, but in financing the military and security services. He calls for an immediate allocation of at least $1 billion to go towards arming and training our military, police and other security agencies as well as providing improved service conditions for the officers and men at the frontlines

of the war on terror and criminality.” The former vice president candidate also called for a comprehensive probe into the disbursements of the $1 billion special security budget that was withdrawn from the Excess Crude Account by the current administration in January of 2018. He lamented that the country was not getting value for money as there has not been a commensurate improvement in the weaponry and conditions of service of the troops since that withdrawal was made. Atiku also called for a comprehensive insurance programme for all officers and men of the military and security services such that if they are injured and

killed in service, their family receives a sum equal to 10 years salary and allowances. He was also of the view that families of soldiers and policemen killed in service to be allowed to remain in their official quarters for as long as it is reasonably possible for them to get alternative accommodation and that a special agency be set up to help them in that process. He therefore, condoled with their families and survivors and prays that God grants them fortitude and strength at such a trying time, while also calling for a seven- day period of national mourning, and flags to be flown at half mast and for national awards to be given to these fallen heroes who should be given heroic funerals.

BOOST TO FARMERS…

L–R: Representative of General Manager of National Petroleum Investment Management Services (NAPIMS), Edna Usifo; Deputy Managing Director, Nigerian Agip Oil Company (NAOC), Callista Azogu; Vice Chairman/Managing Director, NAOC; Lorenzo Fiorillo; Chief Operating Officer, Oando Energy Resources (OER), Dr. Ainojie Irune; and Chairman, NAOC, Guido Brusco, at the 22ND annual Farmers’ Day celebration organised by the NNPC / NAOC / Oando Joint Venture in Bayelsa State…recently

IG Lists Potential Threats to 2019 Elections INEC warns incumbents against use of state resources to finance election Adedayo Akinwale in Abuja The Inspector General of Police (IG), Ibrahim Idris, has listed the increasing rate of vote buying, rigging plans by political parties, act of thuggery, flash points of electoral violence, ballot box snatching, small arms/light weapons and militant groups as potential threats to the 2019 elections. He also revealed that undercover security operatives would infiltrate the ranks and file of the political parties, and their associates, to frustrate the emerging menace. The IG disclosed this yesterday in Abuja at a stakeholders’ roundtable with the theme ‘Political Corruption and Other Emerging Issues for the 2019 Elections’, organised by a coalition of election monitors, the Transition Monitoring Group (TMG) in partnership with Christian Voice to the People (V2P) and Hope Givers Initiative (HOG-I). The police boss who was represented by the Commissioner

of Police, Federal Operatives, Force Headquarters, Keneth Ebrisem, however assured that in order to checkmate the activities of thugs, profiling of their leaders, sponsors, sympathisers and their locations is on-going. According to him, “Potential threats, security concerns and emerging trends of 2019 elections include vote buying, militant groups, rigging, acts of thuggery/hooliganism, flash points of electoral violence, ballot box snatching and small arms/ light weapons are serious concerns to us. “In the case of vote buying, undercover operatives will infiltrate the ranks and file of the political parties, their associates, to frustrate the emerging menace. The foot soldiers are been closely monitored with the aim of isolating and crippling their activities before, during and after the election. “As it affects flash points and ballot box snatching, a comprehensive study of all previous elections has been conducted to nip this in the bud.

Also threat analysis carried out will ensure that tactical intelligence response and technical unit personnel will be deployed to all the six geopolitical zones and state commands earlier before the commencement of the elections. “This is anchored on the establishment of standards procedure and security arrangement for a search, free and fair 2019 general election.” Idris also revealed that mopping up of small and light weapons and explosives including offensive weapons have commenced long ago to secure a conducive space for the elections. On her part, the Executive Director of TMG, Dr. Abiola Akiyode-Afolabi, expressed concern about the developments around the 2019 elections, adding that the meeting should seek input from experts on how to ensure free, fair and credible elections. Afolabi noted that such elections are simply for the highest bidder or the candidate with the deepest pocket without regard to competence or report.

Meanwhile, the Independent National Electoral Commission (INEC) has warned the incumbent governments -- both at the federal and state levels against the use of state administrative resources to fund campaigns. INEC National Commissioner and Chairman, Election and Party Monitoring Committee, Prof. Anthonia Okoosi-Simbine, said the 2019 elections represent a watershed in Nigeria’s electoral history and a lot of resources are expected to be deployed in the competition for power, hence, the need for political parties to comply with the campaign financial laws and regulations. Okoosi-Simbine who was represented by INEC Director of Legal Services, Mrs. Oluwatoyin Babalola, stressed the need for greater enforcement of campaign finance laws, increased awareness, knowledge and capacity building on campaign finance laws and regulations, increased compliance with the laws by political parties and candidates in order to enhance the credibility of 2019 elections.

THISDAYt TUESDAY DECEMBER 4, 2018

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NEWS

Electoral Amendment Bill 2018: Three Political Parties Ask Court to Stop Presidential Assent Segun James Three political parties yesterday approached the Federal High Court in Abuja seeking an order of the court to stop President Muhammadu Buhari from assenting to the Electoral Act Amendment Bill 2018. The three political parties are Advanced Peoples Democratic Alliance (APDA), Allied Peoples Movement (APM) and Movement for Restoration and Defence of Democracy, (MRDD). They also want a declaration of the court that assenting that the bill would truncate the 2019 general election. Counsel to the plaintiff, Mr. Dapo Otitoju, who filed the process on behalf of his clients told journalists that they had two questions for the court to determine. “Whether the president can proceed to asset the Electoral Act amendment bill 2018 forwarded to him by the National Assembly to be used to conduct the 2019 general election when there is no adequate time for the manifestation of the proposed act. “Also, whether assenting to the Electoral Amendment Bill 2018 now will not prevent the chairman of Independent National Electoral Commission (INEC) from ensuring proper conduct of the 2019 general election,” the stated. This, according to the plaintiffs, is considering the fact that the notice of election was initiated in line with the Electoral Act 2010 as amended. In an affidavit in support of the originating summons, presidential candidate of

House Gets New Clerk Shola Oyeyipo in Abuja The Deputy Clerk (Legislative), House of Representatives, Mr. Patrick Giwa, has been named as the acting Clerk of the House. In a letter addressed to the leadership of the National Assembly, the Clerk of the National Assembly, Mr. Mohammed Sani-Omolori, said yesterday that Giwa’s emergence was sequel to the retirement of the former Clerk of the House. “Consequent upon the retirement of the Clerk, House of Representatives on November 25, 2018, a vacancy has occurred in that post. Accordingly, Mr. Patrick A. Giwa, the Deputy Clerk (Legislative), House of Representatives, who is the most senior officer, is hereby directed to resume responsibility as the acting Clerk, House of Representatives. This appointment is with effect from November 26, 2018,” the letter reads.

APDA, Mr. Shitu Kabir, deposed that act had been used by political parties to conduct primaries into political elective offices for 2019. Kabir further deposed that amending the act that had been used for primary elections in preparation for the 2019 general election would engender confusion in the electoral process. According to him, assenting the bill will truncate the electoral process which has already begun. “I know as a fact that the bill will provide for electronic transmission of results from polling unit to collation centres. “I know that there is no way the electorate who are not educated in this area can assimilate the act of electoral voting and transmission in less than two months to the general elections.

“As a candidate, I know as a fact that the level of education of the generality of the electorate is very low and they will be confused, and this may lead to disenfranchisement. “That proper voters’ education and demonstration

of electronic voting system is required to be done in all 36 states of the federation, the FCT and the 774 local government areas before such a bill can be introduced to the electoral process,” he noted. The plaintiffs, however,

said they were not against the bill or the president giving his assent. They maintained that they were only asking that assent to the bill should be withheld until after the 2019 elections to avoid manipulation of the process.

The suit which also has the Senate president, the Speaker, House of Representatives, the INEC chairman and the Attorney-General of the Federation as defendants has however not been assigned to a judge.

CIIN 2018 Honorary Fellowship for Ogunshola A former chairman of Punch Nigeria Limited, Chief Ajibola Ogunshola, is to be conferred with the 2018 honorary Fellowship of the Chartered Insurance Institute of Nigeria on December 6, 2018. A maths graduate from the University of Ibadan, he entered the insurance industry in October 1967 as an actuarial trainee in the actuarial department of the Eaglestar Insurance Company in London, and qualified as a Fellow of the Institute of Actuaries in 1973.

For over 20 years, he was the consulting actuary to many insurance companies and occupational pension funds in Nigeria and West Africa and, after retirement, was appointed chairman of Alexander Forbes Consulting Actuaries until 2015. He has also held several insurance positions including the first life manager of old NICON, first managing director of Niger Insurance Plc, member of the governing council of the Nigerian Insurance Association,

and non-executive chairman of Continental Reinsurance Plc. He was, from 1973 to 1983, a part–time lecturer in actuarial science at the University of Lagos and subsequently external examiner in insurance and actuarial science at the Ahmadu Bello University. An honorary Fellow of the Nigerian Mathematical Society, he holds a D.Sc degree in management (honoris causa) from Olabisi Onabanjo University, Ogun State

Ogunshola

THISDAYt TUESDAY DECEMBER 4, 2018

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COMMENT

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

CHAD IS NOT SINCERE Victor C. Ariole puts Chad Republic on the spot

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ven when the state of Israel expressed the willingness to sell attack helicopters to Nigeria [‌] Obama administration frustrated it [‌] I believe one day some of the security experts and actors‌ will tell the world the truth about the kidnap of the Chibok school girls. P.36 of My Transition Hours The Prime Minister of Israel just visited both Chad and Niger, two francophone countries bordering Nigeria to the north. It is not far from being a thank – you visit, and soliciting more of their cooperation to enrich Israel further and its allies in the midst of poverty-ridden population of both Niger and Chad as their two leaders remain president till 2033, if not for life. Israel’s deal with any nation is attached to what USA makes of it and it is not only Obama and it is not necessarily by the Leahy law as stated in the former president’s book. Mercenaries are in abundance to by-pass any known law and get a deal to sail through; and it has been happening in Congo Democratic Republic as well as in Venezuela or Ecuador. Nigerians nay Africans need to know why Boko Haram has persisted and no president is declaring Borno State an emergency zone, and banish the governors who had been enjoying out of the suffering of the masses there like General Idris Deby Itno is enjoying as he turns his country into recruitment zone of terrorist organisations in Africa, including as Atiku noted, ISWAP. According to him, “take that local support structure away and the terror architecture will collapse like a pack of cardsâ€?. Indeed for the Chibok girls to move for over 200km with no resistance from the locals, it tells of the importance of local structure that the military themselves know exist as to tell the former president not to venture into Borno State as that time. N’djamena, the capital of Chad is closer to Nigeria than to other neighbours like Sudan, Central African Republic and Cameroun from the eastern flank. Hence, Deby who added Itno to his name like some of his counterparts in Central Africa, owes loyalty to some masters who assure them that they are protected against Nigeria except Bozizo who failed their test and sent Central African Republic in their current dilemma of insurgency, still heavily fanned by Chad’s territory recruitment process, as recruitment ground, for the fight going on there. CAR is not far from Nigeria also. Even, if not part of the countries bordering Nigeria, CAR is not up to 1000km from the nearest north-east point in Nigeria. Chad should be held responsible for what goes on in the North

CHAD SHOULD BE HELD RESPONSIBLE FOR WHAT GOES ON IN THE NORTH EAST AS IT HAS ABOUT 15 MILLION PEOPLE WITH AN UNCONTROLLED VAST LAND OF 1.3 MILLION KM2 AND ABOUT SEVEN MILLION OF THE POPULATION HIGHLY DEPENDENT ON SUICIDE MISSION

East as it has about 15 million people with an uncontrolled vast land of 1.3 million km2 and about seven million of the population highly dependent on suicide mission-performance motivation. According to www.indexmundi.com, they are 95% hopeless or helpless hence can cling to any source of livelihood and are less concerned about what holds tomorrow. Those who share the same heritage with them in Nigeria, the Kanuris feel the pains of their people there also and they make up the next majority tribal cluster in population after those known as Sara. This is where it is difficult to solve the problem looking at Nigeria alone as their kit and kin in Chad remains as hopeless and helpless and must be courted in prosperity or in pain. Like the close to 70% of children in Kebbi State not in school, like the 95% of the youths in Chad not knowing what to do with their lives except attempting to be recruited as a terrorist in Darfur where Chad supplies the largest contingent of youths fighting there, sometimes moved through the northern part of Cameroon to the Central Africa Republic in the Selaka or anti Balaka fight. Felix Malloum, Goukouni Wadei rivals of Idris Deby Itno like Hissene Habre also, in the long fight that made Chad a haven for the recruitment of fighters; Idris had remained solid as the rock of Gibraltar currying favour from Israel which is a source of division of Nigerians, on whether to support or not in its dealings with the Palestines, and Nigeria, at a time knew that Felix Malloum whom they initially supported to force out Deby was the right horse to back for the sustainability of peace in the West and Central African region. So how do Nigerian leaders think that Deby will budge in his approach of leasing lands to the Masters? It is high time Africa seized the territories in Chad where the youths are recruited for havoc before Chad turns African into another Syria and Libya. If they wait till 2033, Deby would have ceded half of Nigeria, Niger, Libya, Central Africa and Cameroun to those who really know what is underneath and are exploiting it enormously now. Time to act is now. Leasing out problem territories is part of the weak governance process among weakminded African leaders as Congo Democratic had witnessed from its warlords. Ariole is a Professor of French and Francophone Studies at the University of Lagos

TOTAL AND THE SAMSUNG CHALLENGE Abubakar Aliyu-Usman writes that Samsung is in dire straits

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n December 2017, the chief executive of Samsung Heavy Industries (SHI) Park Dae-young resigned from the world’s third largest shipbuilder. Dae-young threw in the towel following financial losses that cost the company about a third of its market capitalization. The CEO appeared left with no choice as SHI under his watch according to Financial Times, predicted losses, not only in 2017 but 2018. In that forecast, SHI expected sales of US$ 4.7 billion in 2017, a drop of 35%, an operating loss of US$499 million and a further loss of about US$278 million in 2018. In reaction, shares of the Korea giant dropped a staggering 27%, the lowest since December 2016. Quoting Park Moo-hyun of Hana Financial investment, Financial Times wrote: “Samsung Heavy has been relatively less competitive in winning new orders (for commercial vessels), while Hyun-dai Heavy and Daewoo shipbuilding have won many new orders for VLCC, (very large crude carriers) and LNG (Liquefied natural gas) ships respectively. This has made its financial situation worse�. But the trouble of the Korea-based corporate giant did not start in 2017. It dates back to the 2008 global financial crisis. Since then, Samsung has struggled. Between 2010 and 2013 however, hope came the way of Samsung. This was when Total Upstream Nigeria Limited, (TUPNI) in joint venture with the Nigerian National Petroleum Corporation (NNPC) called for tender for the US$3.1 billion contract for the construction of the Floating Production Storage Offloading (FPSO) for the Egina deep water oil field. This was exactly how the path of Total and Samsung Heavy Industries, Nigeria, crossed. The Korean behemoth and Lagos Deep Offshore Logistics (LADOL), agreed to jointly tender for the Total Egina FPSO as main contractor and local content partner respectively. Their bid was successful and so they won the massive contract. For close observers, this contract was godsend for Samsung. Total had given it a lifeline at a most trying period. Samsung however did not seem to share this sentiment as it commenced the execution of the contract on a rather combative posture. This belligerent attitude would become the ordeal of LADOL and later Total which had watched Samsung’s bellicose tendencies with a comportment analysts described as loud indifference if not cold complicity.

Perhaps haunted by its dwindling fortune, Samsung seemed, from the start, to be driven by an inordinate quest for profit. Take for instance its first issue with LADOL. The partners had agreed that if their tender was successful, a joint venture to be known as SHI Mega Construction and Integration Free Zone (SHI MCI- FZE) would be set up. The well-applauded vision was for this company to construct and own the upgraded fabrication and integration facilities at LADOL with 80% ownership by LADOL and 20% by Samsung. This ownership structure was based on the fact that the upgrade of the fabrication and integration yard at LADOL was one of the local content facilities approved by the Nigerian Content Development and Monitoring Board (NCDMB), and committed to by Total for the Egina FPSO contract. For this reason, the Egina FPSO contract set forth a provision for Total to pay Samsung the sum of US$214 million for the upgrade of the fabrication and integration facility, as a contractor to Total, in fulfilment of Total’s local content obligations and commitment to the Nigerian regulators. It was simply like a sub-contract to which Samsung was simply paid to actualise as a contractor. The US$3.1 million Egina FPSO contract therefore included the US$214 million for the upgrade of the facilities at LADOL. But Samsung did not reveal this to its local partner. And Total unfortunately also kept what would later turn out a complicit silence. Total’s mute indifference would energize Samsung to unilaterally fix the EPC costs of upgrading the fabrication and integration facility at LADOL at US$300 million. Not done, Samsung insisted on providing corporate finance on its own terms, urging LADOL to pay US$240 million as debt and equity to pay for its 80% ownership of SHI MCIFZE and the facility. The deadlock that followed the partners’ disagreement led to Samsung purportedly terminating the partnership with LADOL. Driven by a fierce sense of justice, LADOL went to court to seek redress. For LADOL, just like the revered late American civil rights leader, Rev. Martin Luther King Jnr put it, “Every step toward the goal of justice required sacrifice, suffering and struggle ‌.â€? And so LADOL bore its pain as it lost almost 80% of its shares in the facility after a resolution of its dispute with Samsung outside the court. But by 2018, justice like the sword of Damocles,

came to prevail. At the public hearing of the Nigerian Senate Ad hoc committee investigating the local content elements of the Egina project, it emerged for the first time that Total had paid Samsung about US$214 million for the upgrade of the facilities. Total, in fact, accepted that the US$214 million was included in the US$3.1 billion Egina FPSO contract. This revelation would however not change anything for Samsung. It still went about the media insisting, affirming and proclaiming its ownership of the SHI MCI-FZE. But as an oil and gas writer put it, “Samsung had to do this. It was a desperate moveâ€?. Indeed back home in Korea at this time, the parent company was in acute financial crisis. SHI had made a US$1.4 billion new share issue following a US$1 billion issue in 2016, which would be used to pay down debt and reduce the risk of banks limiting lending to it due to its weak earnings prospects. Analysts say that the company’s ability to win new orders had been constrained as it has been squeezed between bigger domestic rivals (Hyundai Heavy industries and Daewoo Shipbuilding and Marine Engineering) and lower cost Chinese players. To cap the economic nightmare, it has been slow to respond to its worsening financial situation. The Egina FPSO project was an opportunity, it seemed, for Samsung to extract maximum profit. The US$214 million exploitation was therefore only a prognosis of what was to come. With U$499 million lost in 2017 and another projected U$278 million loss in 2018, Samsung would become desperate to halt the slide. Since the Egina FPSO was still within its grip, Total would become a target for the much-needed quantum dollars to bear up a withering giant. A top technocrat in one of federal government’s oil and gas -related agencies averred that Total must be naĂŻve to think that Samsung’s legal battles with LADOL would be the end of everything. “In fact, Total was the target.â€? He pointed to a letter written on August 26, 2014 by Samsung to Total which he was privileged to see. Titled, Change Order Request on Engineering and Schedule/Cost Impact in Project Progress/ Completion for the Egypt FPSO Project, this letter he said was a subtle insight into what to expect in the future. “Although Samsung affirmed their resolve to deliver the project within reasonable time limits, they complained subtly about the basic

engineering for the FPSO design which was done wholly by Nigerian engineers. There were talks about a lot of loose ends and the overwhelming volume of extra works they had to do. If you are discerning, it was easy to tell that the bill would soon start tumbling in and they will call it variation,� he concluded. This seeming ominous prophecy became a dreadful reality. By 2018 the bills from Samsung started cascading in the name of variation. They came in different tones; some covertly, others overtly laced with threats to stop work on the FPSO. On April 30, 2018, Samsung issued Notice of Dispute against Total, requesting a confounding variation of US$1.6 billion. “That was enough to take care of their losses in the last two years with some profit on top, if you ask my candid opinion�, said Nnanke John, a Cross River State, Nigeria based oil and gas industry development analyst. In a letter dated 1st June, 2018 and directed to the Group General Manager of National Petroleum Investment Management Services (NAPIMS) Samsung stated, “We are operating under a significant financial loss of US$1 billion�. It therefore appealed to NAPIMS to help resolve the dispute. Curiously, the Korea giants still claimed to have lost US$300 million due to its investment in the yard at LADOL. This was in spite of the fact that it had become common knowledge that Total paid US$214 million to same Samsung for the purpose of the upgrade of the LADOL yard. By July 12, 2018, Samsung had served Total notice of pre-suspension of work, stressing its intention to stop work unless Total paid, pronto, a variation of US$500 million. For those who had followed the increasingly twisted relationship of Samsung and Total and the Seoul-based company’s convoluted journey, it was clear that the court of law would be the final theatre to straighten what had become a knotty matter. And on July 31, 2018, Samsung pitched a date with providence as it dragged Total to a Federal High court in Lagos State in a suit No. LD/2744GCM/18, seeking injunction to stop Total from terminating its contract with Samsung and moving the Egina FPSO from LADOL yard. Samsung suffered a lethal wound as the High Court on July 31, 2018 ruled against it and threw out their case against Total.

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T H I S D AY TUESDAY, DECEMBER 4, 2018

EDITORIAL A State Of Lawlessness The rate of mob justice is surging. We must all work within the law

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n all civilised societies, disagreements between individuals and groups are settled through the judicial process. That is essentially because the rule of law, as opposed to that of the jungle, presupposes that whatever may be the situation, everybody is entitled to a fair trial before punishment could be meted if found guilty. But as more and more Nigerians shun the instrumentality of the law in the settlement of disputes, many innocent citizens are getting maimed and killed. It is all the more worrying that those who are licensed by the state to carry guns now abuse their powers to enthrone impunity by taking the laws into their own hands. Nothing depicts this state of lawlessness in Nigeria today than the murder last week of a Lagos State Traffic Management Authority (LASTMA) official and the jungle justice meted to his assailant, an operative of the Federal Special Anti-Robbery Squad (FSARS) who died two days later. Stopped for violating a traffic law, the FSARS police inspector reportedly drew his gun and killed the LASTMA ofIT IS IMPORTANT THAT ficial before the mob NIGERIANS REIN IN ALL descended on him. IMPULSES TO VIOLENCE, Even though he was rescued by his SELF-HELP OR ANY OTHER FORM OF EXTRA- colleagues, he died on the way to the JUDICIAL KILLINGS IN hospital from the THE SETTLEMENT OF beating he received DISPUTES from the irate mob. While the Lagos State Police Command has stated that the late inspector will be tried post-humously and dismissed from the force, it should worry those in authority that Nigerians now find it easy to take the law into their hands. The pertinent question that arises from such ugly development is: When and how did we sink so low as a society? Meanwhile, the latest in a series of extrajudicial

killings should not be treated in isolation of several other similar cases. It is important for the police authorities to get to the root of why many of their men and officers exhibit a warrior culture that more or less emphasise brute force over reason. That is why they behave like licensed thugs and kill at the slightest provocation.

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

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

or years, there were grave allegations of brutalisation of citizens by men and officers of the SARS (now FSARS) that have always been associated with indiscriminate arrests and detention of citizens as well as extrajudicial killing of suspects. It is within the context of that lawlessness that we can situate the killing last week of the LASTMA official by the FSARS operative. But it is also worrisome that Nigerians now find easy recourse in jungle justice given the manner the FSARS operative was given a dose of his own medicine. In civilised societies, the police officer would have been disarmed and subjected to citizen arrest, not jungle justice. It is therefore important that Nigerians rein in all impulses to violence, self-help or any other form of extra-judicial killings in the settlement of disputes. While our society will forever carry the bloody stigma of the unfortunate incident of last week, we should all resolve that such a tragedy never happens again. Under the rule of law, it is the sacred duty of the judiciary to safeguard the rights and liberty of the citizens. Respecting such rights forms the bedrock upon which the society lays claim to civilisation. And the right to life is the ultimate measure of all rights. The frequency of extra-judicial killings by agents of state as well as reprisal attacks by the mob vividly demonstrates that we are teetering towards a lawless society, with all the frightening implications for peace and security in our nation. The authorities, at all levels, therefore need to sit up to address these concerns before our nation descends into anarchy.

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ASUU: THE KEEP-THEM-TALKING CULTURE

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s a lad in primary school, I was told by my teacher that ‘education is the bedrock of development in any country.” That with sound educational institutions, ‘a country is as good as made - as the institutions will turn out an all -rounded manpower to continue with the development of a hyper-modern society driven by well-thought out ideas, policies, programmes, and projects’. Three decades after that teaching, reflecting on the above in juxtaposition with the ongoing indefinite industrial action by the Academic Staff Union of Universities (ASUU), and the federal government’s failure to resolve the impasse, it clearly brings to the fore how as a nation socioeconomic deck is stacked against the poor and the disadvantaged. And deprives the republic of the opportunity to reap the values and lessons life has taught its masses. Going by the records/reports, while ASUU points to poor funding of education and the federal government’s failure to adhere to previous agreements as their reasons for embarking on industrial action, pro-government positions are of the view that the era education is solely funded by the government has gone while some Nigerians with critical interest lampoons ASUU’s reasons for embarking on the strike as vague, misleading, and overused propaganda to unduly gain sympathy from students, parents and the general public in their fight for private benefits. Whatsoever the true position may be, the stunning thing about this ‘roller coaster relationship’ between ASUU and the federal government lies in its frequencies coupled with the fact that it is happening at a period when other nations are redoubling their

emphasis in funding education sector and when education is presently considered the world over as ‘an extremely valuable strategy for solving many of the societal ills.” Admittedly, it is an unhappy truth that the government cannot single-handedly fund education in the country - a case that makes it a collective responsibility for all Nigerians/corporate organisations. But the inability of the same government to comply with agreements reached with ASUU as claimed by the body, in addition to their age-long indifference to the United Nations budgetary recommendation for education has become grievous offence that the FG must share in its guilt. Consequentially, Nigerians with discerning minds have expressed worries that except something urgent is done to arrest the situation, these agonising crises may perpetually keep Nigeria which hitherto prides itself as the giant of Africa at the base of the economic pyramid. In my view, these worries cannot be described as unfounded because aside the visible marginalisation of the budgetary allocation to education in the nation’s 2018 budget, the statement credited to ASUU that they ‘met with the Minister of Education in line with their tradition to honour all invitations with openness to meaningful discussion of issues contained in their demand, but observed that nothing concrete has come out of the meetings as it was still a projection of their keep them talking’ culture’’ evidently remains a reality that all should worry about. Sadly, while exhibiting character, a point that the federal government failed to remember is that this habit of ignoring a group such as ASUU in the past has crystallised the Nigerian workers resolve

to fight back at the federal government- who they now view as their common enemy. In the same token, wisdom borne from similar ‘reluctant respect’ to agreements by the government has made not just ASUU but the entire Nigerian workers to learn that concession made by the civil servants are always irretrievable and whatever they concede, they lose forever. This, no doubt is the reason why negotiation between government and civil servants has become difficult if not impossible. It is important for the government to recognise that globally, ‘the relationship between employers/employees is always strained, always headed toward conflict. It is a natural conflict built into the system. Unions do not strike on a whim or use the strike to show off their strength. They look on strikes as costly and disturbing, especially for workers and their families. Strikes are called as last resort’. And any government that fails to manage this delicate relationship profitably or fails to develop a cordial relationship with the workers becomes an enemy of not just the workers but that of the open society and, its society will sooner than later finds itself degenerate into chaos. Viewed differently, it is not as if the federal government has not at different times and places taken appreciable steps to improve the lots of the nation’s tertiary institutions with their various intervention programmes such as the TETFUND, a consolidated fund for capital projects in the tertiary institutions in Nigeria. But the government must do more. Jerome-Mario Utomi, Lagos

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T H I S D AY ˾ TUESDAY DECEMBER 4, 2018

POLITICS

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

TRENDING NEWS

For the Sake of Equity, Continuity Ojo Maduekwe writes that the Peoples Democratic Party in Kwara State is determined to close ranks and head into the 2019 elections in one accord. The cost of losing is not lost on all those involved, especially the triune of Senator Olusola Saraki, Governor Abdulfatah Ahmed and Senator Rafiu Ibrahim

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ast week, without protest, the governor of Kwara state, Abdulfatah Ahmed, relinquished his Peoples Democratic Party (PDP) senatorial ticket to the incumbent senator representing Kwara South, Senator Rafiu Ibrahim. Barring this last minute pull-out, Ahmed was on his way to representing the PDP in the February 16, 2019 National Assembly election. There is unsubstantiated allegation that his action was precipitated by the loss of the November 17 Kwara state House of Representatives by-election by the PDP to the All Progressives Congress (APC). Some news report painted a picture of a possible rift between the governor and his political godfather, Senate President Bukola Saraki, as the reason why Ahmed stepped down his ambition for Ibrahim. Both Ahmed and Ibrahim are proteges and loyalists of Saraki, and as governor and senator respectively, they owe their current position to the senate president. Ahmed’s stepping down his ambition for Ibrahim would be more out of loyalty to Saraki than the existence of a rift. Ahmed’s loyalty to Saraki has seen him before now make a volte face. For example, last year (when he and the senate president were still members of the APC) he granted an interview, saying he and Saraki were “unlikely” returning to the PDP. In July, barely a year after, he joined Saraki to defect to the PDP, proving to be a diehard loyalist of the senate president and in extension the political structure that gave him the platform to be a two-term governor. Except he intends to play the spoiler, observers argue that Ahmed knows he cannot move against his benefactor and the PDP stakeholders that have accommodated and supported him notwithstanding his crisscrossing between the party and APC. There are also claims that Saraki does not want to take chances with the governor who couldn’t deliver in the election. It is being insinuated that Ahmed does not have the clout to win next year’s election. Giving credence to the allegation that Ahmed’s pull-out was due to the defeat suffered during the by-election was the zonal primary that took

Ahmed place in October, in which delegates from the seven local government areas of the district, unanimously endorsed Ahmed for the ticket. Observers said Ahmed’s volte face after winning the primary, and in a matter of days after the byelection was suspect. But then, linking his U-turn to the by-election would be reaching too far, since Ahmed allegedly owes his two term gubernatorial victory to the influence of Saraki. Ahmed, the Kwara state PDP and Ibrahim deny that the allegations the governor relinquished the ticket following the loss of the by-election have any substance. They’ve gone ahead to dismiss the election as rigged and as such was not a true reflection of the will of the voters in the state. They all insist that the November 17 by-election was characterised by rigging, harassment and intimidation of voters, and that in a free, fair and credible election come 2019, PDP would win. In a statement by his Senior Special Assistant on Media and Communications, Dr. Muyideen Akorede, Ahmed described the allegations as “politically motivated mischief.” The leadership of the PDP in the state said the

rumours were “totally untrue” and “a deliberate mischief orchestrated by some unscrupulous elements and political jobbers” to cause confusion within the party. Senator Ibrahim said the decision of Ahmed to cede the senatorial ticket to him followed the pleas by Ibolo elders, and went ahead to commend the governor for being “an advocate of fairness, equity and inclusion.” There appears to be a gentleman agreement to promote equity by rotating the senatorial slot among the three divisions that make up the district of Kwara south, namely, Igbomina, Ekiti and Ibolo divisions. Beginning from the new political dispensation in 1999, the Igbomina and Ekiti divisions have served two terms in the Senate, while the Ibolo division as represented by Ibrahim, is serving their first term. The governor’s decision to withdraw was said to have followed consultation within the PDP and the Saraki political structure to consider the request by the leadership of the Ibolo division for a second tenure at the Senate. Although Ahmed, the PDP and Ibrahim deny

any direct correlation between the U-turn and the PDP’s loss to the APC at the by-election, it is alleged that the loss of the election has a lot to do with the volte face. Those who insist that Ahmed’s U-turn has everything to do with the by-election, believe that if the PDP in Kwara could lose the election even as a united party, they wonder what would happen if it goes into the 2019 elections disunited. Now is not the time to be in disarray, they say. The PDP’s insistence that the election was rigged for the APC by the Independent National Electoral Commission (INEC) in cohort with the security agencies, if true, is the more reason the party has chosen to close ranks and head into the 2019 elections in one accord. PDP stakeholders in Kwara are worried of an onslaught by the ruling APC. The national chairman of the APC, Adams Oshiomhole, is bent on dismantling the Kwara PDP and the Saraki political structure. Reacting to his party’s win in the by-election, Oshiomhole said he was happy that Saraki suffered a “humiliating defeat” and that the Kwara people were “determined to dismantle” the senate president’s structure. Commenting further on the possible hope of a dismantling of the Saraki political dynasty, Oshiomhole said, “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.” The cost of heading into the 2019 elections as a disunited party and losing is not lost on all those involved, especially the three of Saraki, Ahmed and Ibrahim. To win is as much a test for Saraki and the political structure that he heads as it is for Governor Ahmed and Senator Ibrahim. To guarantee their continued influence in the state and the PDP, the three politicians understand that they must ensure the PDP’s victory in all the elections next year and that the Saraki political structure remains long after the 2019 national elections may have been won and lost. It is for this reason that Ahmed’s relinquishing of the ticket to Ibrahim is for the sake of equity as it is for continuity and political relevance.

Taking His Second Chance Seriously Raheem Akingbolu was part of a recent tour of the three senatorial districts in Ekiti by Governor Kayode Fayemi to meet with stakeholders in his continuing bid to deliver on his campaign promises

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ndications that the new regime of Dr. Kayode Fayemi would centre on people and infrastructural development of Ekiti State emerged shortly after the governor was sworn-in on October 16. To demonstrate to the people that his government would be open to all, Fayemi embarked on a tour of the three senatorial districts, where he spoke of his plans and listened to leaders of various communities. The day after the inauguration, the train took off from Ido Ekiti, where political leaders and representatives of each of the towns within Ekiti North Senatorial District converged and poured out their mind on sundry issues. Same day, it moved to Ikere Ekiti, where the governor and his team met people of Ekiti South Senatorial District. At both meetings, the chairmen of the All Progressives Congress in various local governments spoke on behalf of their people and appealed to Fayemi not to shift from his first term approach of touching all towns and villages. According to them, it was through such approach that everybody would feel the impact of government. They sought solution in different areas of human endeavours, including agriculture, youth unemployment, education, tourism, workers and pensioners’ welfare from the

new administration. On October 19, it was the turn of Ekiti Central, which comprises Ado, Ekiti West, Ijero, Irepodun Ifelodun and Efon Alaaye local government areas. The chairman of the senatorial district, Mr. Bankole Abayomi Jekoyemi, set the ball rolling by assuring the new administration of the determination of the people of the five local governments to support Fayemi. He, however, called on the governor to reciprocate their good gesture by touching lives in all the villages and towns through physical and human development. While describing the new governor as a political enigma, who understands the plight of Ekiti people, especially workers, the senatorial chairman urged the governor to correct the errors of the immediate past Peoples Democratic Party (PDP) administration. Also speaking at the town hall meeting, the chairman of the APC in Ekiti West Local Government, Prince Olu Aladeloye reiterated his people’s support for the new administration but pointed out that the last administration under Mr. Ayo Fayose abandoned the local government. “Today is a day that our God has ordained, we thank Him for the new administration and we thank him for the peaceful outcome

of the July 14 election. Now that the job has started, we are appealing to the new government to help the people of Ekiti West, who suffered most under the last administration. Specifically, the Aramoko – Erijiyan –Ikogosi road down to Ipole Iloro, which is strategic to the business growth of the local government, is in total dilapidation. For four years, former Governor Fayose promised us but at the end, the road is still as it was four years ago. Ikogosi Warm Spring and Arinta Water fall, two major tourist centers in our local government have been left unattended to. Mr. Governor, it will interest you that all the structures you put on ground before you left office in 2014 had been looted and the spring is now in its sorry state. Kindly look into this as well as replicating such in Okemesi, the home of legendary Fabunmi and Erio Ekiti, which has become a religious Mecca in the country,” he said. This was also the position of political leaders from Ijero, Ado, Efon and Irepodun Ifelodun local governments, who all took time to point out the deficiencies in their respective domains. Responding, Governor Fayemi appreciated the fact that all the leaders spoke their minds and assured the people of the senatorial district that no town or village will be left

untouched by the end of his administration. He also used the forum to address the request in some quarters on payment of salary and welfare package for the elderly, through which monthly allowances were paid until 2014, when he left office. The governor also used the opportunity to address the issue of his first set of appointments, which has been criticised in some quarters to be lopsided as all of them are Christians and from the same senatorial district. While he appreciated the concern of those who questioned him on this, he pointed out that there are more appointments to come and that what should be paramount is competence and excellence. Speaking further, Dr. Fayemi promised that his government would not fail the people of the state. He said that his administration has no reason to fail, considering the experience he had garnered as a former Governor of the State “Let me say this, neither my Deputy Governor-elect, Chief Bisi Egbeyemi nor myself consider ourselves as having a repository of knowledge or have answers to all Ekiti problems, so we are relying on your wealth of experience. Our people are in a serious mess. Poverty has risen and we have to move fast to ameliorate their sufferings,” Fayemi added.

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T H I S D AY ˾TUESDAY DECEMBER 4, 2018

NEWS

Imo UPP Governorship Aspirant Receives Taiwan Head of Mission

rPicks Obiaraeri as running mate

The United Progressive Party (UPP) governorship candidate in Imo state and member representing Isolo/Oshodi constituency of Lagos State in the House of Representatives, Hon. Tony Nwulu recently received the Taiwan Head of Mission to Nigeria, Mr. Vincent W.S. Yang at his Abuja residence. The courtesy visit was to discuss prospective partnership that can transform Imo state. Areas for development that were scrutinized for possible collaboration include ICT, agriculture, mineral resource exploration, industrialization, electricity, transportation, health and commerce were critically appraised so as to engage a sustainable partnership. UPP has positioned itself as the perfect alternative in the Imo governorship race. Nwulu recently picked Dr Nnaemeka Onyeka Obiaraeri as his running mate in the gubernatorial election. He said his decision to select. Obiaraeri was

based on his competence and antecedent. He further stated, “He has distinguished himself and championed a lot of investments, across the length and breadth of this country, and he is a trained administrator.” The UPP governorship flagbearer expressed optimism that his team will bring its wealth of experience to bear on the governance in the state given the opportunity Nwulu recently led a delegation to the European Union in Brussels to discuss possible investment programmmes that will bring about economic advancement for Imo and the entire country. During his Brussels meeting, Hon. Tony met with the delegation from Spain, Mr. Santiago Fisas Ayxela, a member of the European Parliament, whom after extensive talks and deliberations assured the Imo governorship candidate of his committed to work towards a partnership between Spain and Imo state.

Abia APGA Gubernatorial Candidate, Otti, Begins Campaign on Pious Note Nseobong Okon-Ekong The All Progressives Grand Alliance (APGA) governorship candidate for Abia State, Dr. Alex Otti, started his gubernatorial campaign at the weekend on a spiritual note, attending two church services in Umuahia, the Abia State capital. Otti led a group of other APGA candidates for the National and State assemblies to worship at the Mater Dei Catholic Church and the Presbyterian Church of Nigeria, Emmanuel Parish, both in Umuahia. He told the congregations that he decided to begin his campaign in the church because he believes that power belongs to God and He gives it to whoever He wills. “The Bible says that all power belongs to God. The book of Psalms 62:11 says, ‘God hath spoken once; twice have I heard this, that power belongeth unto God,’”

he quoted. The gubernatorial hopeful said he was not seeking power for himself, unlike “some people”, but so he can work for the people of Abia State. He said Abia State deserves better after close to 20 years of PDP hegemony which has not amounted to any kind of development in the welfare of citizens. “I have not come here to talk politics. I know that this is church. I have only come here to worship and commit my campaign into God’s hand because I’m a child of God,” he told the congregation at the Presbyterian Church. He, however, asked the parishioners: “Will it be politics for me to say a worker is worthy of his wage, yet our civil servants are owed so many months in arrears? Will it be politics for me to say that it is inhuman for government not to pay workers’ their retirement

benefits and pension after they have spent their lifetime working for the state? Will it be politics that I spent several hours on the road trying to navigate my way to this place because the roads were so bad and narrow?” Otti, an economist and successful former bank chief executive, promised to build “a new Abia State” that the people would be proud of, if they vote for him in the March 2, 2019 governorship election. “I urge you to join hands with us and rescue our beloved state; for our sake, for the sake of our children and for posterity,” he appealed. The APGA governorship candidate in his speech greeted with ovation, promised to guarantee free and compulsory education for Abia citizens up to secondary school level; promote sports and culture as a vehicle to creating jobs and recreation for the youth; make the state safe and secure;

establish the Abia Safety Net, a social welfare scheme designed to cater for the aged, widows and the poor; establish and operate an accountable and transparent government that the people can trust; make payment of workers’ salaries a first item in the budget and generally transform Abia State. “Our people, it is time we all rise up and say, ‘enough is enough,’” he said. “We cannot continue to allow evil to thrive. Twenty years is enough time for a system to change. For 20 years, the Peoples Democratic Party has ruled Abia State and for 20 years they have failed woefully,” he sounded off. The Priests praised Dr. Otti for his decision to commit his election campaign into God’s hand and for seeking God’s face, favour and protection for himself and all those working for him. They prayed that God will grant his request.

ANRP Presidential Aspirant Insists Buhari, Atiku Are Bereft of Ideas Adedayo Akinwale and Kuni Tyessi

The president candidate of the Abundant Nigeria Renewal Party (ANRP), Mr. Tope Fasua, has said that young presidential candidates in the 2019 election would embarrass the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar and President Muhammadu Buhari of the All Progressive Congress (APC) with ideas. He also faulted the policy documents released by the two leading presidential candidates, saying that they haven’t thought deeply about how they are going to fix Nigeria. Fausa disclosed this at the weekend in Abuja, while speaking at a programme organised by Nehemiah Apostolic Resource Centre, with the theme, ‘Raising Kingdom Minded People to Influence Government and Political Sphere.’ He said, “We will embarrass Atiku and Buhari with our ideas, because I can see they don’t have much ideas. You can see even in the new document that they brought out, Atiku was there pandering

on how he wants to ‘privatise this, privatise that.’ Basically telling us how he wants to come and play crass and chronic capitalism. He wants to sell NNPC and so on. You could see the ideas are shallow. They just believe they are entitled to be president.” “Buhari’s document of Next Level is also talking about how all of a sudden they will give youth this and that. They will put youth in board positions, they will help women, why didn’t he do it before? He has four years to get it done, even when he could have removed some of his ministers and done the right thing, he refused. He can’t come and con the people. I’m not sure Nigerians want to be deceived twice in a space of four years.” “Some of us have thought very deeply about the problems of Nigeria and have fashioned out solutions for every sector.” On her part, the founder of the Centre, Ms. Obi Paxharry said that the centre which is a School of Government and Politics is also a Christian platform for training and m e n t o r i n g o f f u t u re leaders.

PUTTING GOD FIRST

Alex Otti flanked on his left by wife, Priscilla and deputy candidate, Dr. Mrs. Uche Eme Uche at the Mater Dei Catholic Church, Umuahia, Abia State.

Vote Christ-like Leaders, Not Christians, Says Sowore Presidential Candidate of the African Action Congress (AAC), Omoyele Sowore has called on Christian faithful and all Nigerians to vote for Christ-like candidates and not Christian candidates in the upcoming 2019 general elections. He made the call while speaking at the Jesus General Assembly Church in Oworonshoki, Lagos. Sowore said “Jesus did not have a religion while on earth. It was his disciples

who emulated his lifestyle that were described as Christ-like. We have had many Christian, Muslim and religious leaders who ruled Nigeria and we’re godless.” He charged the congregation to “vote people whose lifestyle is consistent with that of Jesus because he was a man of integrity, consistency and he cared for his followers.” “When the Israelites where to be liberated from the hands of the wicked

Egyptians, God raised a Moses to deliver them but because of murmuring and complaining and disobedience, a journey that was supposed to last 40 days lasted 40 years in the wilderness. Nigerians are faced with a similar situation today. You have in me a Moses that has come to liberate Nigeria from the wicked Pharaoh’s that have held Nigeria captive, if we keep complaining and do not do the right thing by

voting a young person with fresher ideas it may cost Nigerians another 58 years before they enter the promise land,” he added. Describing himself as the right man for the highest office in the land, Sowore said “I may not be a deer but I’m visionary. I may not be a missionary but I am mission driven so I urge you not to look elsewhere because the person who will take Nigeria out of the woods is in front of you.”

Former ADP Presidential Aspirant Joins PT A former presidential aspirant of the African Democratic Party (ADP), Matbias Sado has changed his political affiliation to the Peoples Trust (PT). Sado, at a press conference in Abuja, said he decided to support and collaborate with the PT’s presidential candidate, Mr. Gbenga Olawepo-Hashim to rescue “our bleeding nation from the incompetence of the All Progressive Congress-led administration under President Muham-

madu Buhari.” He called on President Buhari to step down on account of his inability to give better life to Nigerians. According to Sado, “I have studied the mission statement of Mr. OlawepoHashim and his commitment to the task of rescuing Nigeria. His immense capacity to engender trust and the audacity of his promise to transform Nigeria into a $4-trillion dollar economy are fundamental.” He said he would submit

his document and political structures to OlawepoHashim in the joint task of working to realise a batter Nigeria. He urged the PT presidential candidate to reach out to other like-minded patriots in order to build a formidable and credible third force that can defeat the APC and the PDP in the 2019 general election. Olawepo-Hashim commended the magnanimity and sense of patriotism of Mr. Sado, assuring of

his commitment to bring everybody to the negotiating table to build a better Nigeria. He said that the destiny of Nigeria was to be a great country, adding that “this is the hour of realisation.” According to him, “We are committed to uniting ourselves to be able to unite Nigeria and I can assure you that in the next few days, we are going to witness more of this collaboration around my candidature.”

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FEATURES

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

Amnesty OfďŹ ce: Caring in Moments of Need In this report, Bola Adigun chronicles the efforts of the Presidential Amnesty Office in alleviating the pains of victims of the recent flood in the Niger Delta

One of the ooded communities

I

t has been a harrowing experience for inhabitants of many communities across Nigeria in the last few months as they watched helplessly as the flood, which accompanied the 2018 rain season swept away their prized possessions and even in some cases, precious lives of their children, relations and friends.

Tales of Woe

The woes inflicted on the country by the flood disaster were well captured in a report released by the National Emergency Management Agency (NEMA) last month. According to the agency, as at October 9, 2018, a total of 103 Local Government Areas across 10 states in the country, were impacted by severe flooding with an estimated 1.9 million people affected. The agency further added that 561,442 people have been internally displaced while 351,236 are in need of immediate humanitarian assistance. NEMA put the number of lives lost to the disaster at 199 while it also indicated that 1,306 injuries were reported. The report noted that areas located along the Niger and Benue rivers have been the most affected by flooding. Thus, states in the Niger Delta are among the most ravaged by the merciless flood. At the peak of the flooding, Delta, Rivers and Bayelsa States were declared national disaster zones. Many across the oil producing region were forced to evacuate their water submerged communities for temporary camps set up and operated by their various state governments in conjunction

Photo credit: Asaba Metro

with NEMA. In Bayelsa State, where some of the major rivers pass through, NEMA disclosed that some 517,694 persons were affected with many communities, schools, houses and hospitals submerged in water. At some point, Governor Seriake Dickson of Bayelsa State ordered the closure of all schools in the affected communities and of course the emergency evacuations of the hapless residents of these communities.

It is on record that we’ve had several ood disasters in the past; I remember what happened in 2012 and thereafter. This is the ďŹ rst time the Amnesty OfďŹ ce will share in our pains and take steps to ameliorate our plight. This is commendable and I urge other private and public organisations to take a cue from what the Amnesty OfďŹ ce has done to give us succour

Professor Charles Dokubo, Coordinator of the Presidential Amnesty Programme

Thankfully, many of the displaced people are now trying to pick up their lives again as flood water receded following cessation of rainfall. NEMA and the respective state governments have been trying their best to facilitate the return of the displaced people to their communities. But there is no doubt that the flood victims will need much more support than what the states and the emergency agency can deliver even as they start the process of rebuilding their lives.

Impact of Amnesty Office

It was in this vein that the recent intervention of the Presidential Amnesty Office in ameliorating the plight of the flood victims through provision of relief materials is being commended by leaders and other stakeholders in the region. In what is obviously another demonstration of his assertion that the impact of the Amnesty Programme must be felt by every community in the Niger Delta, Professor Charles Dokubo, the Coordinator of the Presidential Amnesty Programme, had recently

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TRAVELOGUE ordered the distribution of food and other household items across affected areas to give succor to some of the victims of the flood disaster in the states across the Niger Delta. The focus of the week-long distribution of relief materials was on communities mostly affected by the flood. “The Amnesty Programme is meant for the people of the Niger Delta and whatever affects communities in the region affects us directly or indirectly. President Muhammadu Buhari was moved by reports on your plight and we are here to identify with you in your period of need; we are here to alleviate your pains,� Dokubo was quoted to have said while flagging off the distribution of relief materials at Bomadi, headquarters of Bomadi Local Government Area of Delta State on Saturday, November 10. He added that the gesture was to provide succour for the inhabitants of the affected communities who had lived in terrible conditions since their homes and sources of livelihood were ravaged by the flood. Items distributed by the Presidential Amnesty Office to the flood victims included food, household items and medicines. “So far, we’ve spent N90 million on purchase of the relief materials we are distributing to the various communities which include Bomadi, Oboro, Okpokunou, Esanma, Akugbene, Ogodobiri, Ezebiri, Ayakoromo, Tuomo, Ogbobagbene, Kpakiama, Obotebe, Ofonibeinghan, Gbekebo,Ogbeingbene, Patani, Aven, Kolowari and Gbaregolor, among several other communities in Delta State,� Mr. Murphy Ganagana, Spokesperson for the Amnesty Programme disclosed recently. In Bayelsa State, relief materials were also distributed to flood victims at Adagbabiri, Odi, Trofani, Kaiama, Esampou, Zarama, Ogbeinbiri, and other communities, Opuama, Ofunama, Shekelewu, Ogbudugbudu, Arogbo, Safa-Arogbo, AgadagbaObon, and Ajakoroama, Opugbini. Many communities in Edo and Ondo States also benefitted from the relief materials given out to flood victims by the Amnesty Office.

The eect of ooding on such communities

Commendations

Leaders of affected communities and direct beneficiaries of the laudable gesture by the Amnesty Office were ecstatic and praised the Federal Government and the programme coordinator. “It is on record that we have had several flood disasters in the past; I remember what happened in 2012 and thereafter. This is the first time the Amnesty Office will share in our pains and take steps to ameliorate our plight. This is commendable and I urge other private and public organisations to take a cue from what the Amnesty Office has done to give us succour,� the Ebedaowei of Kabowei kingdom, Aserifa Hope

Creating a human link chain to rescue people

If they have jobs, it is a multiplier effect. It is not only about human security; it is about empowering people. If the individual is secure, the region and the society is secure. That is the aim of this administration

Torru said at at Trofani, Bayelsa State, while receiving the officials of the Amnesty Office at his palace before the commencement of distribution of the relief materials in the community. He further described Dokubo as a humane, responsive and caring leader committed to the best interest and welfare of the people of the Niger Delta. Speaking in the same vein, the Chairman of Oboro community in Burutu Local Government Area of Delta State, Mr. Ebiarede Opukeme, said the gesture of the Amnesty Office was soul-lifting, even as he expressed his appreciation to President Muhammadu Buhari for appointing Dokubo as the head of the amnesty programme. “We are happy that President Buhari appointed a man like Prof. Dokubo as Coordinator of the Amnesty

Programme", Opukeme said.

Reintegration

The empowerment of the flood victims for resettlement into their communities is an extension of the path taken by Dokubo in repositioning the Amnesty Programme for the benefit of the ex-agitators and the Niger Delta at large since his assumption of office about five months ago. Indeed, since assumption of office as the coordinator, Dokubo has been co-opting leaders of the Niger Delta to work with the Muhammadu Buhari's administration to make sure that the prevailing peace, safety and security are sustained in the oil producing region. Determined to fast-track the reintegration of former militant agitators in the Niger Delta into civil society, Dokubo is currently

perfecting arrangements to activate the vocational training centres built by his predecessor across states in the Niger Delta. For the Amnesty boss, the new direction for the programme is to ensure world class vocational training that will enable benefitting ex-agitators to stand on their feet and depend less on monthly stipend from the federal government. Dokubo has also created a link for job placements to ensure that the trainees are gainfully employed after their training unlike what happened in the past. “If they have jobs, it is a multiplier effect. It is not only about human security; it is about empowering people. If the individual is secure, the region and the society is secure. That is the aim of this administration,� Dokubo said in a recent interview.

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Photo Editor ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜ ÔËÖË Email Ă‹ĂŒĂ“Ă™ĂŽĂ&#x;Ă˜Ë›Ă‹Ă”Ă‹Ă–Ă‹ĚśĂžĂ’Ă“Ă?ĂŽĂ‹ĂŁĂ–Ă“Ă Ă?Ë›Ă?Ù×

L-R: Chairman Senate Committee on Local and Foreign Debts, Senator Shehu Sanni, Minister for Transportation Rt. Hon Rotimi Amaechi, Chairman Senate Committee on Land Transport Senator Gbenga B. Ashafa after the meeting of the Joint Committee of the Senate on Land Transport; and Local and Foreign Debt on the Eastern Railway Line Development in Abuja...recently

R-L: Permanent Secretary, State House, Jalal Arabi, with the acting Chairman of the House Committee on Special Duties, Ayodeji Joseph during the visit of the Committee on oversight functions to the State House, Abuja.... recently

L-R; Chairman Nigeria Union of Journalists, (NUJ), Lagos State Council, Dr. Qasim Akinreti, Lagos/West Senatoriaal Candidate, Senator. Solomon Olamilekan Yayi and his Special Assistant on Media Mr. Kayode Odun Aro at a press forum with Journalists to ag o his Senatorial Campaigns in Lagos...recently

L-R: Oyo State Governor, Senator Abiola Ajimobi; Best performing female student from a public school in the 2017/2018 Senior Secondary School CertiďŹ cate Examination; Miss Itunuoluwa Joel; and wife of the governor, Mrs Florence Ajimobi, during the presentation of university education scholarship to the student at the Oyo State OďŹƒcials’ Wives Association (OYSOWA) national women summit, in Ibadan...recently

L-R: Wife of BeneďŹ ciary, Bola Oreniwa; Team Lead, CSR, Airtel Nigeria, Chioma Okolie and BeneďŹ ciary of Airtel Touching Lives Season 4, Lukman Oreniwa during the handing over of a fully furnished restaurant and N450,000 for his medical support at the Airtel Touching Lives Season 4 Prize Presentation in Shomolu, Lagos... recently

L-R: Unit Head of Operations, RS 2.13 Apapa Unit, Federal Road Safety Corps, Mrs Dorothy Okorie; Head Innovation and Corporate Communication, Honeywell Flour Mills Plc, Mr. Lanre Da-Silva; and Unit Commander, RS 2.13, Apapa Unit Command, FRSC, Mr. AbdulRahaman Hassan, during Honeywell/FRSC Ember Month Safety Awareness Campaign in Lagos‌recently

Engr Bob Nwazota (left) and President Nigeria Society of Engineers Engr Adekunle Molu during the 2018 National Engineering Conference and Annual General Meeting of Nigerian Society of Engineers in Abuja..,recently PHOTO: JULIUS ATOI

L-R: Director of Accounts, Lagos State Ministry of Establishments, Training and Pensions, Mr. Deji Koko; Permanent Secretary, Mrs. Rhoda Ayinde; Vice Chancellor, University of Lagos, Prof. Oluwatoyin Ogundipe; Commissioner for Establishment, Training and Pensions, Dr. Akintola Benson Oke and Director of Training, Mr. Ayodeji Aruna, during the opening ceremony of a 2-day training workshop for procurement oďŹƒcers of various agencies of government in Lagos State..recently PHOTO: KOLA OLASUPO

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BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T

REPO 17.36 % 16.57%

CALL 1-MONTH 3-MONTH

20% 18.50 % 18.75%

N O V E M B E R S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

350.57% 0.25% 0.82%

Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08024557078, 08152447875

3 0 , 2 0 1 8 S & P INDEX 1/4 TO DATE YEAR TO DATE

0.99% ʹ˛ͲʹϹ

EXCHANGE RATE N306.80/1US DOLLAR* *AS AT LAST FRIDAY

Quick Takes Binatone Unveils Products

LEADERSHIP FORUM

L-R: Lead Consultant, Youthniversity Consult, Mr. Bamidele Adedeji; wife of keynote speaker, Mrs Adebimpe Adedayo-Ojo; Consultant, Youthniversity Consult, Ms. Linda Obidike and Managing Director/CEO, Caritas Communications Limited /keynote speaker, Mr. Adedayo Ojo, at the maiden edition of the Leadership Launchpad orgainised by Youthniversity Consult in Lagos‌ recently ETOP UKUTT

NNPC Initiates Measures to End Scarcity of LPG Stories By Chineme Okafor in Abuja

ENERGY

The Nigerian National Petroleum Corporation (NNPC) has said it is committed to growing local consumption of Liquefied Petroleum Gas (LPG), popularly known as cooking gas, with improved supply program for the domestic market. It also noted its desire to grow Nigeria’s share of the global Liquefied Natural Gas (LNG) market to 10 per cent, even though it did not state when it intends to achieve this. NNPC’s Group Managing Director, Dr. Maikanti Baru, disclosed this recently at the 2018 edition of the annual conference and exhibition of the

Nigerian Liquefied Petroleum Gas Association (NLPGA) in Abuja. Baru, who was represented by the Chief Operating Officer, Downstream of the corporation, Mr. Henry Kem-Obih, stated that the NNPC was determined to invest in making LPG available to Nigerians across board. He said this was because it wanted to discourage the current trend of using firewood and other unsafe fuel sources for cooking, adding that it was time the NNPC brought LPG closer to the Nigerian people and at affordable prices. Baru, in a presentation entitled:

‘Strategic Direction – Driving Nigeria’s LPG Future,’ said significant investment has been made by NNPC to address the challenges of scarcity of LPG. He listed some of the measures the corporation has initiated to deepen LPG consumption in the country to include, expansion of NNPC’s LPG storage facility at Apapa from 4,000 metric tonnes (MT) to 8,000MT in the first phase; construction of pipelines to deliver LPG to plants in the hinterland; as well as development of coastal supply facilities. According to him: “We have also purchased two LPG vessels for export operations through the West African Gas Ltd (WAGL), a joint venture firm, and we have

developed a growth strategy plan and gradually providing LPG skids across NNPC retail outlets.� Baru, stated that on the global scene, the NNPC was doing everything to leverage Nigeria’s enormous gas reserve to secure about 10 per cent of the global market share of traded LNG. With regards to gas market development, stakeholders at a recent conference of the Nigerian Gas Association (NGA), had called on the federal government to provide a policy framework to guide gas development, pointing out the need for the government to review and strengthen existing policies guiding operations in

Continued on page 24

Power Sector Losses N487bn in 11 Months Data from the Office of Vice President, Prof. Yemi Osinabajo, indicated that between January 1 and November 30, 2018, Nigeria’s privatised power sector lost a total of N487.504 billion revenues due to constraints which included shortage of gas; grid unreliability and distribution limitations. The data obtained by THISDAY from the Advisory Power Team in Osinbajo’s office, showed that for this period, the average volume of electricity generated and distributed daily to Nigerian homes and offices was 3780 megawatts (MW) per day, while an average of 3041MW was constrained from getting to consumers by these limitations. Coming at a time the Nigerian Electricity Regulatory Commission (NERC) has

ENERGY approved 115 private firms to participate in procuring and installing meters to electricity consumers in Nigeria under its new scheme, the Meter Assets Provider (MAP), the industry data equally explained that the total volume of gas supplied by the Nigerian National Petroleum Corporation (NNPC) to gas power generation plants in the country for the 11-month period was 227,706 million standard cubic feet (mmscf). According to the data, Nigeria’s power sector attained a peak generation of about 5,222MW on December 18, 2017 – the first ever, but has not produced power up to that level since then. It noted: “Estimated amount

lost to insufficient gas supply, distribution, transmission and water reserves to date in 2018 - N488,881,000,000.� Meanwhile, the NERC which recently disclosed that six out of every 10 users of grid generated electricity supplied by the 11 electricity distribution companies (Discos) in Nigeria have remained without meter, has approved for 115 operators to participate in its MAP programme. The NERC had stated that the non-availability of meters to this number of power users was sustaining the Discos’ practice of estimated billing, and indicated it was about to introduce a regulation to cap estimated bills given every month to consumers by the Discos. It equally noted that in

the regulation which it has asked for stakeholders’ input, 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 just 3,591,168, while 4,701,672 have not been unmetered 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 Continued on page 24

Binatone Industries has introduced a wide range of aordable and quality products into the market to cater for the various needs of its many customers at home and in the kitchen during the festive season. Thecompany’sManagingDirector,Mr.PrasunBanerjee,whodisclose this in a statement, explained that the move was due to the fact that it had always strived to identify trends and answer consumer needs with unique, aordable and well-designed products with two-year warranty at all times. “Binatone, founded in the UK in 1958, celebrates itsDiamondJubileethisyear.Thatis60yearsofconsistentlydelighting customers with high quality, innovative products at aordable prices. “Binatoneisoeringinnovativeproductswithattractivepricesavailable at all leading Supermarkets and electronic retailersâ€? he explained Amongst the new products introduced included a brand new design ofRechargeableFan(in16&18inches),the10KVAcentralisedstabiliser, suitable for an entire house, Multi cookers with a unique sautĂŠ function, heavy weight and high power Irons with Binatone’s Magi-cloth (specially designed to absorb the extra heat that would otherwise spoil an expensive, dress, shirt or suit,) and cool touch jug kettles. Banerjee, further disclosed that a full range of air conditioning system, a new collectionofceilingfansaswellassomeexcitingadditiontothefamous range of unbreakable jar blenders (now including a free stirring stick) andtheultra-innovativebluetoothtowermusicfanwasalsointroduced. “Other products that would be available from Binatone include a new pressure pot with a transparent lid, an energy saving ceramic cooking plate, table top gas cookers, a premium garment steamer for larger items of clothing and of course, a whole range of other products in the fan, small domestic appliance and power categories.â€? He added.

Cadbury Donates to Flood Victims

Cadbury Nigeria Plc has donated 100 cartons of Bournvita to assist victims of ood disaster that ravaged several rural communities in Etsako, Edo State, recently. In a statement, the Director, Corporate and Government Aairs,West Africa, Mr. BalaYesufu, said the gesture was in furtherance of the Company’s corporate social responsibility (CSR) initiatives. According to Yesufu, Etsako Club ’81, a socio-cultural group that represents the interests of the aected communities, had approached Cadbury for assistance following the natural disaster. He said the management of the company approved the donation to provide some relief to those aected. “As a company, we believe that the displaced people in these communities require immediate succour in terms of a food drink like Bournvita that is rich in energy and essentialmicro-nutrients,â€?Yesufusaid. “Wethereforesupportedthese communities with 100 cartons of Bournvita, as part of our corporate social responsibility agenda. We hope this will help in some way to ameliorate the plight of the victims.â€?The President of the Club, Asamah Kadiri,wholedtheteamonavisittothecompany’sheadoďŹƒceinLagos, expressedgratitudetoCadbury’smanagementforthepromptresponse and magnanimity. “The generous and invaluable support of organisations like yours make the society a great place to live in,â€? Kadiri said.

LSETF BeneďŹ ciaries Receive Cheques

Lagos State Governor, Mr Akinwunmi Ambode, has presented cheques to another batch of over 2,000 beneďŹ ciaries of the Lagos State EmploymentTrust Fund (LSETF) loan programme, saying it was gratifyingthattheinitiativewasmeetingtheobjectivesofcreatingjobs and contributing to the growth of the economy.This was in addition to the over 10,000 beneďŹ ciaries who had received more than N7billion andhavecreatedover25,000newjobsinthelastthreeyears.Speaking at the presentation ceremony held at LTV Blue Roof, Agidingbi, Ikeja, Governor Ambode expressed fulďŹ lment that the initiative, which was a brain child of his administration, had positively impacted many Lagosians and help to scale up entrepreneurship with many businesses now thriving. “Today is a historic day. It is one of those days that we have this fulďŹ llment that we tried our hands on something that was never done before and years after, we are able to see the result and I just want to say a big thank you to all of you that have accepted to be partners in this programme and to just congratulate ourselves that a day like this can come in Lagos State.â€?

“The CBN will work very closely with the EFCC to expose and sanction any, bank, company, directors or forex operator that colludes with unscrupulous individuals/companies to undermine the policy on 41 items�

CBN Governor Godwin EmeďŹ ele

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T H I S D AY Ëž Í˛Ëœ 2018

BUSINESSWORLD NIGERIA REQUIRES $3.5BN INVESTMENT TO END GAS FLARING BY 2020

Nigeria’s gas market. They specifically asked the government to initiate enabling legislation to encourage private sector investments which according to them was needed by the country’s gas market to grow. At the October conference of the NGA, stakeholders had also opined that the oil and gas industry restructuring has lasted too long and called on the government to urgently pass the Petroleum Industry Governance Bill (PIGB); Petroleum Industry Fiscal Bill (PIFB); Petroleum Industry Administration Bill (PIAB) and the Petroleum Industry Host Community Bill (PIHCB), to increase investor confidence in the gas industry. According to them, there was a need to deepen LPG utilisation in Nigeria through policy and market-driven reforms that would encourage private capital investment in the sector. POWER SECTOR LOST N487BN IN 11 MONTHS, NERC SANCTIONS 115 METER SUPPLIERS

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. Similarly, in a new schedule of ‘no objection’ on the MAP it recently released, the commission stated that 115 firms have had their applications to participate in the scheme reviewed and approved. The firms, THISDAY learnt would this week also participate in an industry-wide meeting between the regulatory agency; Discos; and financial institutions amongst others, in a bid to put finishing touches to the MAP scheme which NERC expects would take off from first quarter of 2019.

NEWS

Report: Poor Governance Weakening Contributions of IPPs Chineme Okafor in Abuja A report titled: ‘Unlocking investments in the power sector – A case for Independent Power Production,’ published by a foremost Pan African credit rating agency, Augusto and Co, has stated that independent power plants (IPPs) in Nigeria are impeded from growing their capacity to bridge Nigeria’s huge energy gap by the sector’s poor governance. The report which was obtained by THISDAY recently, that while existing IPPs in Nigeria currently provide up to 41 per cent of the electricity put on the national grid, and could in the long term bridge the 25,000 megawatts (MW) supply gap Nigeria has, financial challenges has made it impossible for them to expand. It stated that over 100 IPPs licences had been granted by the Nigerian Electricity Regulatory Commission (NERC) since the country privatised its power market, but less than 20 were currently producing electricity. According to it, Nigeria’s best shot at bridging her huge electricity supply gap was with the IPPs. “Independent Power Production (IPP) in Nigeria was conceived as a means of boosting the nation’s generating capacity through private sector participation. The emergence of IPPs in Nigeria dates back to 1999, when the first private generating company - AES Barge (formerly known as Enron) was commissioned in

the pre-reform era, supported by a decree that permitted private participation in the electricity sector. “Prior to the divestment of government from state owned enterprises (SOEs) within the electricity value chain in 2013, only a handful of IPPs existed in the country. Subsequent to the privatisation of the country’s power assets, over 100 IPP licenses have been issued by the Nigerian Electricity Regulation Commission (NERC). “Despite this seeming increased private sector participation, less than 20 IPPs currently supply power to the national grid,� said the report.

It further noted: “Cumulatively, the IPPs contribute circa 41 per cent of power to the national grid, primarily due to gas supply constraints, uncertainties regarding payments for electricity sold to the national grid and unreflective (and controlled) tariffs for grid connected operators.� The report stated that these challenges have resulted in the significantly weakened financial condition of grid connected IPPs, which are characterised by poor cash flows; high leverage; and low liquidity. It added that: “Conversely, the current operating dynamics of the electricity market has

resulted in more profitable operations for players in the off-grid market, despite the relatively smaller operating scale, due primarily to the limited regulatory control over price, collection and choice of customers.� According to it, Nigeria boasts of all the potentials of a mass market with an estimated supply gap of over 25,000MW, and a peak demand for electricity estimated at 19,100MW, excluding the potential industrial demand for electricity. “A useful rule of thumb for measuring adequate power supply is 1MW per thousand

homes, with a population of over 180 million people and an average of six persons per home, this would elevate demand to over 30,000MW - indicative of a potentially large market for electricity generation. We believe IPPs have the potential to close this gap in the medium to long term under the right commercial operating modalities,� it added. Suggesting what should be done to improve the contributions of IPPs to Nigeria’s power market, the report stated: “The establishment of a competitive power market should bring about improved efficiency in the medium to long term.

PROMOTING MOBILE PAYMENT

L-R: Group Head, Inclusive Banking, Access Bank, Njideka Esumeju; Chairman, ALMPO, Chinedu Onuoha; Managing Partner, Rham Durham Consulting Limited, Tony Monye; Head, Channel Services, Access Bank, Nicola Isiah, Deputy Director, CBN, Francis Wasa; Head, Financial Inclusion Services, Abednego Ugwueke, and Team Lead, Agent Banking, FirstBank, Oyinlola Adeyemo, at the ALMPO conference in Lagos‌recently

NCDMB to Strengthen Local Content with Development Fund Ernest Chinwo in Port Harcourt The Nigerian Content Development and Monitoring Board (NCDMB) has said it will soon unveil a programme aimed at supporting no fewer than 100 indigenous companies in the oil and gas industry with funding from the Nigerian Content Development Fund as well as getting jobs for them. This came as the board commended multinational oil giant, ExxonMobil, for encouraging and building a Nigerian company, Global Process and Pipelines Services Limited (GPPS), into a world-class player in the oil and gas industry.

NCDMB Executive Secretary, Mr. Simbi Wabote, spoke in Port Harcourt, the Rivers State capital at the inauguration of GPPS headquarters and operational base. Wabote said: “The NCDMB in conjunction with the Minister of State for Petroleum has started a programme we call Project 100. I know some of your may have received mail from NCDMB’s team working on Project 100, perhaps to identify your capacity. “The whole idea, which in the next couple of weeks will be unveiled by the minister himself is to get behind those companies and see how we can support them both by fighting for jobs for them and also supporting

them with the Nigerian Content Development Fund to grow to them next level. “I urge those who have received the request to diligently work through it and fill out the form and request that was sent to you because we want to do it transparently in terms of the 100 companies that we want to identify. These companies go from service providers, design houses, fabrication.� He challenged international oil companies operating in the Niger Delta to follow the footsteps of ExxonMobil by building and growing Nigerian companies to become world-class players in the oil and gas industry. The NCDMB boss said: “The Global Process and Pipelines

Services Limited (GPPS) dream which was started in 2002, from humble beginnings, have grown to what you are seeing today. It is now a name to reckon with in pipeline drilling, deep coiling, hydro-testing, pipeline dewatering, drying, nitrogen service in the oil and gas and power industry. “This company we are trying to commission its head office today was built solidly by ExxonMobil and they can beat their chest to say we did it. It is the same challenge that I throw to all international oil companies. Where are the companies that you will tell me you have built within the past couple of years.� Earlier in his address, the

Managing Director of GPPS, Mr. Obi Uzu, said the company is currently executing eight major projects simultaneously with more than 65 per cent of its assets out on these jobs, adding that the firm has the largest in-country pumping, process and pipeline services’ equipment fleet, matched with competent team. Uzu said: “Over the years, we have built our reputation on professionalism and quality service delivery in the oil and gas sector, without compromising safety and quality standards. We have continued to provide value, reliability, and technically effective solutions to our everincreasing clientele base.

Obinna Chima

Group Business Editor

Dangote Harps on Diversification for Sustainable Economic Growth

Capital Market Editor

Jonathan Eze

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Chineme Okafor (Energy) Ebere Nworji (Insurance) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (e-Business

The President of the Dangote Group, Aliko Dangote, has stated that the current efforts of the federal government at diversifying the economy remains the viable solution to creating a healthy economy. Dangote who was speaking at the weekend, during a meeting with some business men from Asia, in Lagos said it was because of his belief in the government approach at re-energising the economy and make it export-oriented

that made him to step up his investment in agriculture especially in the area of food sufficiency. According to him, Nigeria had wasted so much foreign exchange importing foods that ordinarily should be produced locally. Dangote said: “We have invested massively in rice, sugar, dairy products, and tomatoes. Our rice-out grower scheme will produce rice by next year that reduces our rice import to nearly zero because Nigeria imports more than half of the rice it consumes. “We have expanded our sugar

operations with our operations in Tonga in Nasarawa in addition to Numan sugar projects where sugarcane is cultivated, planted for raw sugar production that will be refined. “Some months ago, we laid the foundation for the construction of ultra-modern rice processing integrated plant that will process 16 metric tonnes of paddy rice in one hour, by the time you multiply this by the number of hours and days it operates, you will understand that this is huge. The interesting thing about investment in agric is

that apart from food production sufficiency, the job potential is unquantifiable.� Dangote told his guests that his company was investing massively in agribusiness, promoting industrialisation through the backward integration process to ensure Nigeria becomes self-reliant in food production in good time and save it of the much needed foreign exchange hitherto being spent on importation. He added that, “We are producing the raw materials needed in our factories. In the sugar sector, we developed a

sugar backward integration project plan targeted at the production of 1.5MT/PA from various sites across Nigeria, in the next 10 years. “We have an out-grower scheme; enough paddy rice will be grown and harvested for processing. Some 20,000 outgrowers expected to produce an average of 180,000 tonnes of paddy rice. “We are presently building rice processing mills in Kano, Jigawa, Sokoto, Zamfara, Kebbi and Niger States in the first phase,� the businessman stated.

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BUSINESSWORLD

INTERVIEW

Joining Forces for Oil Market Stability Ahead of their meeting to deliberate on developments in the global oil market in Vienna this week, Nigeria and its allies in the Organisation of Petroleum Exporting Countries as well as non-OPEC members led by the Russian Federation, may be looking to sustain the unity they built in 2016, to amongst other things, keep oil prices stable, writes Chineme Okafor

Two years ago, the global oil market was in a precarious position. Oil supply had then heavily outpaced demand between and global oil inventories on the back of this, expanded rapidly such that the commercial inventories of the Organisation for Economic Cooperation and Development (OECD) countries which is usually a key indicator of the health of the oil market reached a record high of more than 400 million barrels (mb) in July 2016. From this, it was clear there was excess oil supply which naturally had an impact on prices and producers. To revive the market, OPEC and 10 non-OPEC oil producing countries decided to act, and under an umbrella of the ‘Declaration of Cooperation’ (DoC) which was signed in December 2016, undertook voluntary productions adjustments to cut back the oil stock overhang, and rebalance the interplay of oil supply and demand. Since then, the DoC has according to the OPEC had a transformative impact on the oil market, and has since helped bring down total OECD commercial stocks in absolute terms by 213mb since January 2017. This also helped in restoring prices to comfortable levels until recently when oil prices plunged by 30 per cent on account of a broader market sell-off and growing consensus that supply would once more outstrip demand in 2019. This thus presented itself as a major point of conversation at the December 6, 2018 meeting in Vienna of member countries of the OPEC and their allies led by the Russian Federation, which analysts suggested they would either have to stick together to keep the market stable or deal with the consequences of any unworthy development from the meeting. Ahead of the Meeting Industry experts are of the view that the cartel and its allies may have to cut their production levels to restore stability in the global oil market and prices. The analysts feel anything less than that could mean a low oil price in 2019 based on ample supply; rising stocks; and slumping refining margins. According to them, if OPEC and allies agree to cut production at their next meeting, then,

they would have effectively overlooked recent calls by US President, Donald Trump to them to bring down oil prices which traded on an average of $60.61 per barrel for Brent in early December from an average of $76.73 per barrel that it traded for in October. In its oil market report for November, the International Energy Agency (IEA) explained that since the middle of the year, oil supply had increased sharply, with outputs from the Middle East; Russia; and the United States making up output falls from Iran, Venezuela and elsewhere. Additionally, the IEA explained that new data it gathered showed that the pace of oil production has accelerated, and the higher output, in combination with Iranian sanctions waivers issued by the US and steady demand growth, suggests there was a 0.7 million barrel a day (mbd) stock build in the fourth quarter of 2018. Also, the IEA report stated that stock levels of OECD countries have for four months in a row increased. But the cartel, according to the Energy Minister of Saudi Arabia, Khalid Al-Falih, would do what is necessary to ensure that the growing oil inventories in the market are kept at levels that are comfortable and would not distort it. Al-Falih, was a guest to the Nigerian Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, recently in Abuja, where they both talked extensively on the need to continue to work together to stabilise the oil market. The Saudi minister however said the cartel had taken note of the instability that was growing in the market, adding that this has been amplified by geopolitical tensions and speculative activities by financial investors. According to him, when producers gather this week, they will, “do the right thing in stabilising the market and giving producers and consumers comfort,� in such a manner as to ensure that the oil market is stable in 2019. Responding to inquiries on his thoughts about Trump’s nudging of the cartel not to consider production cuts and to keep prices of oil low, Al-Falih, said: “I think I speak for the 25 countries altogether. We saw in the action we decided to take in 2016, great benefits for the entire global producers and consumers because oil

market stability is very instrumental essentially to everyone in the market, and we do that by focusing on primarily one parameter which is global inventories. “We try to be as objective and data-focused as possible, looking only to inventories, whether they are building to levels that will destabilise the market, (and) shutdown investments. “As we meet in a week time, our focus will once again be on fundamentals of supplies and demand, and inventories and try to bring that back into level that will assure the market. “The decision is going to be made essentially on December 7 on what to do, and as I said in Abu Dhabi, we have to do whatever is necessary. As important as Saudi Arabia is, we cannot do it alone, we will not do it alone.� Buttressing the commitment of the cartel and its allies to a balanced market for all parties, Al-Falih, noted that whatever decision that will be made at the meeting, would be in the interest of American oil producers whom he said were equally worried about the growing instability in the market. Similarly, Kachikwu, who aligned with most of Al-Falih’s thoughts on what direction the market should go in this regard, stated that both countries were committed to seeing the market rebalance to comforting levels. Not willing to state how much oil may be cut by OPEC and its allies in this regards, AlFalih, said: “Everybody is longing for reaching a decision that will bring stability back to the market, and what that will be is premature to say, but I think people know that instability in the market will not help. We will see the numbers from the technical advisers.� Similarly, for Nigeria, Kachikwu, who did not commit to state categorically if Nigeria would be involved in the production cut and at what volumes, explained that it would be too early for Nigeria to decide on seeking production cut exemptions, but added that the country would commit to whatever decisions the cartel take. The minister was however quick to state that Nigeria had remained a committed and cooperative member of the cartel, and was obedient to the group when it got an exemption which subsequently asked it not to exceed certain output levels.

“There is an absolute resolve from both countries to ensure that as we get to Vienna, whatever action that needs to be taken to stabilise price will be taken. The interest of the whole will guide us in our decision. We are looking forward to Vienna, but not without some trepidation. “It is too early (to determine an exemption), but I will say that Nigeria is very committed to working with OPEC, we’ve always been committed even when we have production cap exemptions. When we get to OPEC, we will make a decision in supporting OPEC,� Kachikwu stated. OPEC, a United Group Going into the meeting, analysts further told THISDAY the group was still united in its purpose, which was why Al-Falih visited Kachikwu to perhaps get his support for a production cut at the OPEC meeting. Accordingly, Kachikwu played a key role in getting all parties on board for the production cuts that happened in 2016, and Al-Falih, probably would like him to play the same role this time around by leading the lobbying against all the possible holdouts including Iran. But, this according to the analysts could all depend on the kind of agreement President Vladimir Putin of Russia and Saudi crown prince, Mohammed bin Salman bin Abdulaziz Al Saud, reach at the meeting of the G-20 in Argentina. OPEC, the analysts opined is still a united group, and will reach consensus either way. “If they don’t agree to an immediate cut, it might only be delayed till next year. Mohammed bin Salman bin Abdulaziz Al Saud or MBS needs to keep Trump happy so that is another angle that is also in the mix. “OPEC will be happy to see prices between $70-80 per barre, and Nigeria, in this case, has very little choice because in reality, we don’t really matter in the grand scheme of things. But Kachikwu was very important in getting consensus on the first deal. So, that’s why Al-Falih is reaching out to him again. “If a decision is made to cut output, it will be his (Kachikwu’s) job to get everyone else on board. That’s my view of why Al-Falih came to Abuja,� said one of the analysts in a confidential note shared with THISDAY.

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BUSINESSWORLD

INTERVIEW

Omogbemi: Our Company Now Provides Top -notch Services to Oil Industry Chairman/CEOofLeadUltimateResourcesLimitedandPerfectWorksIntegratedServices Limited, Prince Blessing Omogbemi spoke on how Chevron Nigeria Ltd, has helped in building the capacities of several indigenous companies that now provide complex services for the oil and gas sector. Chika Amanze-Nwachuku presents the excerpts May we meet you? My name is Prince Blessing Omogbemi. I am the Chairman/CEO of Lead Ultimate Resources Limited and Perfect Works Integrated Services Limited.

Chevron gave opportunities to more than 1000 local suppliers and over 70 service companies in the EGTL project and projects. In fact, many of the local companies who worked in the EGTL project are still providing services for CNL. For me, CNL is among the top IOCs in the implementation of the Nigerian Content and I recommend other IOCs to emulate same

Would you tell us more about your company and the kind of services you provide for the oil and gas industry? Lead Ultimate Resources Limited is registered and incorporated in Nigeria to provide engineering and allied services for the Oil and Gas industry. The company is a multi-faceted company. We provide services to our clients in the oil and gas industry through the use of modern technology and innovative engineering process. For instance, the oil and gas industry used to be comfortable with conventional insulation with rockwool, refractory materials, claddings, strapping, etc. This method is expensive and has some corrosion challenges. With the use of Thermal Insulation Coating method, Lead Ultimate was able to eradicate ‘corrosion under insulation’ as well as reduce the cost of installation and maintenance. The company also services the industry with corrosion control services.

collaboration with foreign partners for paints production. This will reduce the importation of paints. We provide composite cables such electrical, optical and hybrid subsea underwater cables. We have also diversified into the agriculture through our affiliate company- Perfect Works Integrated Services Ltd) and have completed a facility for a 100ton/month capacity chicken processing plant in Okitipupa, Ondo State. The facility will commence operation in January 2019. In partnership with the NCDMB, we plan to train and empower 120 farmers (outgrowers) to raise chicken for the plant. Plans are on-going to engage NCDMB towards training farmers across the Niger Delta in chicken layers farming.

How do you interact with Chevron Nigeria Limited (CNL) in your business and how has this affected your company’s activities? Chevron Nigeria Limited is a huge company committed to giving opportunities to entrepreneurs with the right attitude, capacity and the zeal for excellence. Our interaction with

The Foundation for Partnership Initiatives in the Niger Delta (PIND), which was established by Chevron to help reduce poverty and promote peace in the Niger Delta region, has been fulďŹ lling its mandate. PIND achieves this by pulling in resources from diverse range of stakeholders – both public and private – to help tackle the region’s development needs. Through PIND, many women and youths acquired skills and got startup packs and grants to start businesses in agriculture, commerce and so on. Worthy of note is the point that these people who were without any means of livelihood can now take care of themselves and their families through the assistance of PIND

Omogbemi

Chevron has been very useful in making us to provide top of the notch services to Chevron and others. Chevron prides itself as a pioneer in consistently supporting the growth and human capacity development of small and medium scale enterprises (SMEs), especially the community-based businesses. How would you assess such position? Chevron’s support to small and medium business in Nigeria is tremendous. Chevronthrough its programmes and interventions has positively touched local communities especially those in the Niger Delta area of Nigeria. The company’s social investments, corporate responsibility initiatives in the Niger Delta area have reduced poverty and unemployment. For instance, the Foundation for Partnership Initiatives in the Niger Delta (PIND), which was established by Chevron to help reduce poverty and promote peace in the Niger Delta region, has been fulfilling its mandate. PIND achieves this by pulling in resources from diverse range of stakeholders – both public and private – to help tackle the region’s development needs. Through PIND, many women and youths acquired skills and got start-up packs and grants to start businesses in agriculture, commerce and so on. Worthy of note is the point that these people who were without any means of livelihood can now take care of themselves and their families through

the assistance of PIND. What is your evaluation of CNL’s contribution to Local Community Content and Nigerian Content Development? Chevron is doing well in terms of empowerment and capacity building of local communities. When I look at the EGTL project, I see a company that opened a huge door of opportunities to LCCs and as at today, some of those LCCs are still waxing stronger and stronger in service delivery to CNL, other IOCs and other business organisations. The PGPA channel from Chevron also has to be commended due to the nominations they set aside for LCCs both in offshore and onshore service delivery contracts.

What is your view on the implementation of the Nigerian Content Act generally by the IOCs? The implementation of the Nigerian Content by the IOCs is good when it comes to empowerment and capacity building. Initially, almost all service contracts were given to foreign companies, but that is no longer the situation as many of the jobs previously handled by the foreign experts are now handled in-country by indigenous service providers. Many of the Nigerian service providers have upped and skills and competency are doing great. Chevron gave opportunities to more than 1000 local suppliers and over 70 service companies in the EGTL project and projects. In fact, many of the local companies who worked in the EGTL project are still providing services for CNL. For me, CNL is among the top IOCs in the implementation of the Nigerian Content and I recommend other IOCs to emulate same.

What are your comments on the impact of government policies on NCD/LCC How has your interaction with Chevron development? The Nigerian Content (NC) Act and the helped you in diversifying your business establishment of the Nigerian Content Developand empowering other people? Chevron Nigeria Limited is a huge company ment and Monitoring Board (NCDMB) have that gives opportunities to people that have made it mandatory for IOCs to comply with the right attitude and are professional, innova- Nigerian Content requirements. This singular tive, creative and most especially, the zeal for policy has helped towards creating a perfect excellence, etc. This attitude and the craving roadmap for the growth of in-country capacities for excellence have helped my companies to thereby increasing participation of indigenous diversify to other business sectors. In the oil companies in the oil and gas industry. and gas industry, I started with Gibles Nigeria What advice do you have for other SMEs? Limited. We handled blasting and painting I will advise the SMEs to develop good during the EGTL project. Today we have Lead Ultimate Resources Ltd which is into Thermal attitude, professionalism, innovativeness, Insulation, Research and Development. The creativity, positive potentials, integrity and company has completed a facility to be used in most especially, the zeal for excellence.

T H I S D AY Ëž Í˛Ëœ 2018

27

BUSINESSWORLD

SMALL BUSINESS SOLUTION

SettingUpYamFlourProducing Plant Uba Godwin This is the peak period for yam harvesting. It is seen everywhere in the country. It is estimated that 30 per cent of the harvested tubers are lost as waste due to none processing and preservation. Even the traditional processing method is out modelled and laborious, but grossly inefficient for mass production to satisfy the teeming population and local demand and make room for the export market to earn scarce foreign exchange that is badly needed at this time in the country. Yam flour is a cherished delicacy among Africans and other parts of the world. Its processing increases its shelf life, adds value to the tuber (from where it is processed) before being exported to enhance its economic value, reduces waste and cuts down the cost of transporting the product to longer distances compared with the heavy wet tubers that are unprocessed. The fact that this can be preserved helps to stabilise prices during off harvest season. The setting up of this project is seen to be feasible, considering the following Technical Considerations The plant aimed here, will take drudgery off the processor, increase the output as well as give good quality finished product for export. Its rated capacity is 500 metric tons of finished yam flour per year (8hours per day of250 days in a year after allowing about 2.5 per cent waste. This means that about 1,500MT of raw yam tubers will be needed per annum. The machinery and equipment needed to process yam flour are (a)Yam Peeler (b) Boiler (C) Dryer (d) Molding Machine (e) International Standard Scale (f) Automatic Sealing Machine (g) Packaging Machine All the above machines and processing technology are source able locally. The machines apart from obtaining locally can as well be imported. The addresses of where to obtain both locally made machines and imported ones will be given to prospective investors on reaching the writer. Raw Materials The raw materials needed are wet yam tubers. These are obtainable from farms cultivated by plantations, small holders and co-operative farmers. There is abundant yam grown in this country. Nigeria is the world’s largest producers of yams with over six million metric tons per annum of

this output; only about five per cent is put into industrial use by way of chips and flour. Almost all states of federation grow yam. Location The best place to locate this project is the area where yam tubers are obtained in abundance. They are heavy and so transport expenses would be reduced if the project is located in areas where the tubers are grown in abundance, hence it can be sited in any part of the country. Other factors to consider include (a) Availability of labour and raw materials in commercial quantity. (b) Availability of infrastructural facilities (water, power, access road etc). Export processing zones will be most ideal for setting up this project, if it is basically for export. (c) Ease or otherwise of the accessibility of the plant site to urban areas/ markets both for local consumption and export. To accommodate the plant, one needs a large building with an area of about 1,500M2. Market for Yam Flour The market is both local and international. The later should be targeted where there is

preponderance of inhabitants of Africans in Europe, America and Asian countries. Based on research, some marketing point’s international has been established and would be given to prospective investors. The factors that have positively affect the demand for this product include the prevalence of foreign exchange crunch, habit/culture, the increase in population of the country, the fact that its consumption cuts across demographic classes, income levels and religious boundaries.

national market will be given to prospective investors.

Production Process Briefly the processes involved in yam flour production are (1) Procurement of good quality tubers, weighing and washing of them. (2) Peeling the washed tubers (3) Grinding of the peeled tubers into pulp. (4) Drying of the ground yam pulp (5) Milling of the dried pulp (6) Sieving to avoid having lumps when being prepared for eating (7) Bagging and Packaging (2kg, 5kg, 10kg, 25kg and 50kg). Details of the standard required in the inter-

Investment Analysis The project is very profitable. With aggressive marketing strategies, good management and export oriented, the payback period would be less than two years. The return on investment is very encouraging at over 58 per cent. Details will be given to prospective investors. For detailed information on export market, comprehensive and bankable feasibility studies/ report, sourcing of the required funds, please contact the writer

Cost and Funding The project can be set up with minimum of N15 million using locally made machines. It will be more if imported machines are to be applied. In terms of funding there are some institutions in Nigeria that are interested in the funding of this type of projects. Details will be given to prospective investors.

Godwin can be reached on 08034494437 or via ubagodwin@yahoo.com

SON Sensitises Artisans on Break System, Lubricants

Poultry Farmers Laud FG’s School Feeding Programme

Jonathan Eze

Jonathan Eze

The Standards Organisation of Nigeria (SON) has started sensitising auto mechanics, spare parts sellers on the need for quality lubricants, car disc break to prevent accidents. The Director General of SON, Osita Aboloma, said the initiative was part of efforts to bridge gap in information dissemination and create standards to all. The sensitisation programme was carried out around the Aswani Mechanic Village and its environs. According to Aboloma, with the yuletide period, comes the get quick rich syndrome where people would peddle all sorts of products in the market for great financial reward, hence the need to sensitise and enlighten everyone on the need to be vigilant and not fall prey to patronising substandard materials He said the intention was to expand the knowledge of everyone on the hazards of purchasing and selling substandard products. He added: “The aim of the sensitisation programme is to

simplify the SON mandate and make its presence is felt at the grass root level.� He explained that SON as a forward thinking organisation felt the need to enlighten all on processes and its mark of authenticity especially on how to identify substandard lubricants and other products that are used by them on a daily basis�. Represented by the State Coordinator, Lagos Office, Oby Egbuciem, she told THISDAY that the programme was carried out to improve and measure accuracy and circulation of information relating to standards, hence, the decision to visit the market and explain to the mechanics in local parlance and pictorial illustration what standards are, SON mandates, the different departments and the functions they carry out. The event had presentations on the different kinds of Lubricants (minerals or synthetic), when they should be used, and also explained the process by which lubricants are applied to reduce wear and tear in engine bearings. Mr. Arhagba Ogaga, who

moderated the segment gave a thorough explanation on all quality parameters, on the dangers of using base oil in place of the appropriate lubricants and advised on how and which lubricants to use at any given time. Aboloma said the mechanics needed insights on vehicle braking system, the different parts of a brake, how it works, types of break fluids ( DOT 3, 4,5,5.1 etc) and how to choose the appropriate brake fluids for the different type of vehicle. The electrical system of vehicles was also explained by Idafe Kogba who said that a car’s electrical system consists of the battery, starter and alternator. “The battery provides juice to the starter. Then, the alternator gives that battery the energy it needs to power a car and if one of these parts is not working properly, a car won’t start or run correctly.� He taught on the different pointers to know how to identify problems accurately and also about batteries and alternator in a vehicle.

Some poultry farmers have lauded the National HomeGrown School Feeding Program (NHGSFP) for helping to revitalise the livestock sector as well as enhancing their income. Speaking in separate interviews on the positive impact the school feeding programme was having on their businesses and the economy in general, the poultry farmers commended the initiative and the transparent manner in which they were engaged to supply eggs for the intervention across the country. Vice Chairperson/Egg Aggregator, Poultry Association of Nigeria (PAN), Kaduna State chapter, Hajiya Binta Adamu, explained that using PAN members to collect and supply eggs for the feeding programme in the state had helped in spreading wealth and fostering unity among members. She disclosed that since the commencement of school feeding in Kaduna State in 2017,

PAN has grown in leaps and bounds with initial sceptics now part of the scheme. “The idea of using PAN members to collect and supply the eggs is a strategy that helped in spreading wealth and also carry members along. Since the advent of the NHGSFP, membership of PAN Kaduna State chapter has increased from 982 registered members to about 2000 members,� said Adamu. She further disclosed that the initiative has led to increased production of eggs in Kaduna, with farmers and other players in the supply chain smiling to the banks. Adamu explained that “Kaduna State joined the National Home-Grown School Feeding Programme (NHGSFP) on 14 July 2017 and the aggregator supplies 35,000 crates of eggs weekly. This quantity of egg is being mopped from big registered and small unregistered poultry farmers as well as women co-operatives across the 23 local government areas in the

State, as there is no way one person can supply such massive number of eggs every week. “Most of our farmers who had difficulty in selling their eggs and some selling on credit in the open market suddenly regained their liberty when we started mopping their eggs and paying them instantly. The number of farmers who currently supply eggs to the NHGSFP in Kaduna State stand at over 500 persons; this includes small farmers that supply between five to 50 crates on a weekly basis. In Kaduna State, eggs are in high demand and are the key in poultry farming as farmers are increasing their production.� Also speaking, the proprietor of Epac Farms, Oyo State, Ms Aishatu Ibrahim, disclosed that the benefits of supplying eggs for the school feeding programme in the State has not been limited to poultry farmers alone, but has extended to commercial drivers as well as bakeries.

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T H I S D AY ˾ TUESDAY DECEMBER 4, 2018

PROPERTY & ENVIRONMENT Rapid Action Urged as Key UN Climate Change Conference Opens in Katowice, Poland Bennett Oghifo The annual UN Climate Change Conference (COP24) opened in Katowice, Poland at the weekend with the goal of finalising the implementation guidelines for the Paris Climate Change Agreement. The guidelines will provide clarity on how to implement the landmark agreement fairly and transparently for all, said a statement by Communications and Outreach UN Climate Change. Specifically, they will strengthen international cooperation by ensuring that national contributions to the global effort are transparent, responsibility is shared fairly and progress on reducing emissions and building resilience can be accurately measured. Patricia Espinosa, the UN’s Climate Chief, said: “This year is likely to be one of the four hottest years on record. Greenhouses gas concentrations in the atmosphere are at record levels and emissions continue to rise. Climate change impacts have never been worse. This reality is telling us that we need to do much more – COP24 needs to make that happen.” A finalised set of implementation guidelines will unleash practical climate actions with respect to all the targets and goals of the Paris Agreement, including adapting to climate change impacts, reducing greenhouse gas emissions and

providing financial and other support to developing countries. Six months after the 2015 Paris Summit, the negotiations on the implementation guidelines were launched and COP24 was set as the deadline. While governments are committed to finalizing the guidelines in order to unleash the full potential of the agreement, a great deal of work still remains to be completed in Katowice. “The 2015 Paris Agreement entered into force faster than any other agreement of its kind. I now call on all countries to come together, to build upon this success and to make the agreement fully functional”, said in-coming COP President, Mr. Michal Kurtyka. “We are ready to work with all nations to ensure that we leave Katowice with a full set of implementation guidelines and with the knowledge that we have served the world and its people”, he added. Ms. Espinosa noted that countries have strong backing for rapid climate action, given that public awareness and demand for solutions have increased due to clear evidence that our climate is changing. “We simply cannot tell millions of people around the globe who are already suffering from the effects of climate change that we did not deliver,” she said.

L-R: Lagos state Commissioner for Housing, Gbolahan Lawal, Chief Executive Officer, Echostine Global, Anthony Recchia; and co-founder, Echo stone, Anders Lindquist, at the ground breaking ceremony of EchoStone Peridot home

Talanoa Dialogue The conference is being held hot on the heels of the Global Warming of 1.5C report by the Intergovernmental Panel on Climate Change, as well as a cascade of UN and other reports on increasing greenhouse gas concentrations and emissions and on health and other serious impacts. “All of these findings confirm the need to maintain the strongest commitment to the Paris Agreement’s aims of limiting global warming to well below 2ºC and pursuing efforts towards 1.5ºC”, Ms. Espinosa stressed.

“All our focus should be on reaching this aim and on building up ambition towards it”, she added. COP24 will also conclude the year-long, Fiji-led Talanoa Dialogue, the first-ever international conversation of its kind to assess progress towards the goals of the Paris Agreement, including the goal of limiting global temperature increases. One of the dialogue’s aims is to find practical and local solutions for how countries can increase their ambition in the next round of Nationally Determined Contributions (NDCs), which

describe their individual efforts to reduce national emissions. During the high-level event that will conclude the Talanoa Dialogue, Ministers will consider the IPCC’s 1.5ºC report and its relevance in the context of future actions. “It is my hope that this will give Ministers the opportunity to provide a political signal for enhanced ambition”, Ms. Espinosa said.

COP highlights Following a procedural opening on Sunday, 2 December, to enable work to begin quickly,

Monday will be the grand opening ceremony graced by the presence of some 40 Heads of State and Heads of Government. In a world-first, and supported by the in-coming Polish COP presidency, the UN has launched the “People’s Seat” initiative. During Monday’s opening ceremony, the initiative will open a new window for people to express their views through social media and digital technology. It will also aim to engage people from all walks of life around the globe in the growing momentum to take climate action in their personal lives.

Lifemate Equips Mowe Factory with Latest Manufacturing Facilities Fadekemi Ajakaiye Lifemate Nigeria Limited, a leading furniture company in Nigeria, now has a standard factory of up to 2,000,000 square meters in Mowe in Ogun State where they installed the latest and upgraded manufacturing facilities conforming to international standards. Managing Director of Life-

mate, Mr. Dai Dereck stated this when the company celebrated their 3rd end of year/customer reward party ceremony at their head office showroom, Plot 1 Ikosi road Oregun Ikeja Lagos, at the weekend. Also during the event, a new head office showroom extension was unveiled and customers were given opportunity to take a tour of the new showroom

to see the products. The managing director, who informed customers at the party about their business plan for the upcoming year, said the new factory in Mowe has the capacity to handle home furniture, outdoor furniture, kitchen cabinet and office furniture, and for big projects such as hotels, real estate, residential buildings, corporate organisa-

Lagos, EchoStone to Build 2,000 Homes Using Unique Technology Lagos State Government and a property development company, EchoStone, are collaborating to build 2,000 homes in three local government areas of the state, using a special technology for rapid construction. A ground breaking ceremony to signal the beginning of construction of these homes was performed last week by the Lagos State Commissioner for Housing, Prince Gbolahan Lawal, said the project was part of the “global mission” of Gov. Akinwunmi Ambode’s administration to construct 20,000 houses in all parts of the state in four years. The Commissioner said the government was beginning with the 2,000 to be constructed by EchoStone, while other developers would complete the figure to 20,000 housing units in four years to bridge the over three million housing deficit in the state. “This is like an economic revolution because whoever has

a home, has almost everything; and you can use that home as collateral,” he said. Prince Lawal said it decided to use the construction technology because the government wants to deliver the affordable homes early, stating that some houses would be delivered this year. He confirmed that EchoStone had started construction in Badagry, using the speed technology which would also reduce the carbon footprint by 40 per cent in line with global climate change initiatives. EchoStone is deploying an innovative technology that allows rapid and scalable construction, beginning with 250 units of two bedroom detached bungalows in Idale Badagry LGA. The groundbreaking event for Peridot Parkland Idale Badagry was held at the Lagos State Vocational Education Centre compound in Agidingbi where a prototype will be completed in a record 14 working days. EchoStone is expected to

construct a total of 2,000 housing units and upon completion of the Badagry estate will move to Ayobo in Alimosho LGA and Imota in Ikorodu LGA. Speaking at the groundbreaking ceremony EchoStone’s Global Chief Executive Officer and Co-founder, Mr. Anthony Recchia, stressed the need for industrialisation of housing. Recchia said that rapid urbanisation and population explosion in Lagos required radical construction technology to bridge the huge housing deficit of over three million in the state. He said construction had not evolved in the last 50 years and that industrialisation would bridge huge demand gap, saying that the mortgage institutions could effectively drive the supply. “What we really need is the industrialisation of labour, along with the technology to create the asset which then produces the mortgages,” Recchia said.

tions and presidential lounge. He assured them that their production team was working so hard and that they were coming up with new designs with high quality materials, adding that the prices are very affordable, even with the economic situation their vision is to make life better. The Managing Director, in his welcome address, expressed

deep sense of appreciation to all their numerous customers for their patronage over the years, and for giving Lifemate the opportunity to serve them and do business with them. He gave a brief introduction of Lifemate, stating that the company has branches in Abuja, Port Harcourt, Ibadan, Warri and that it specialised in the supply of top of the range

furniture with basic skills in the production and marketing of complete household furniture, office furniture and outdoor furniture and offer various ranges of products at very affordable prices. According to him, their aim is to serve customers with undying efforts to offer quality products, services and non-stop delivery of essential market demands.

Firm Unveils Racheal Oniga as Brand Ambassador Akinwale Akintunde Real Estate Company, Merit Abode Nigeria Limited, has unveiled Veteran Nollywood actress, Rachael Oniga as its new Brand Ambassador. The new Brand Ambassador, which was unveiled last weekend at an event, which attracted leading stakeholders, entrepreneurs and investors in the nation’s property landscape, will be joining the former Ambassador, Prince Jide Kosoko, another Nollyowod veteran actor, who has been the face of the company since the last two years. The event, which took place at the company’s head office in Opebi, Ikeja also saw presentation of gift items, including generating sets, refrigerators, Microwave Ovens, Water Dispensers, blenders etc, to its customers for their patronage. Addressing newsmen at the event, the Managing Director of Merit Abode, Mr. Oladotun Oseni harped on the need to acquire

landed properties, advising potential subscribers not to wait till they have all the money in the world to start as they can actually start their journey to becoming home owners from as little as N25,000. Oseni said the reason for engaging Nigerian celebrities, like Rachael Oniga and Prince Jide Kosoko as ambassadors was to create a synergy between their products and indigenous brands in the entertainment industry. He added that Merit Abode is a real estate company with a passionate attachment to making a positive difference in the real estate industry, employing equally passionate and qualified personnel to drive the vision of the company. According to the MD, the company has achieved its set objectives by maintaining a strong foundation of trust and mutual respect through positive relationship with its clients, who keep coming back by introducing friends and relations. He listed the companies proper-

ties as the Emerald Garden City Series include Emerald Garden City 1, Simawa, Emerald Garden city 2, Simawa, Emerald Garden City 3, Simawa, Emerald Garden City 4, Simawa, Emerald Garden City, Mowe/Ofada, Emerald Garden City, Ibeju Lekki 1 and Emerald Garden City, Ibeju Lekki 2. Others are Emerald Garden City, Arepo, Emerald Garden City, LUSADA Agbara, Emerald Garden City, Agbowa, Ikorodu, Emerald Court Phase 1, Simawa, Emerald Court Phase 2, Emerald Ville, Phase 1, Emerald Ville, Phase 2 and Prime Ville Homes, Phase 2. The newly unveiled Brand Ambassador, Rachael Oniga said she was attracted to the company based on the good commendations of transparency and integrity from Prince Jide Kosoko and because of their vision to make Nigerians irrespective of their economic status own landed properties. She promised to promotes the company and help them to reach their targets.

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04.12.2018

WEEKLY PULL-OUT

‘MONEY IS TOO CENTRAL TO NIGERIA’S ELECTORAL PROCESS’ Dr. Muiz Banire, SAN

2/DASHBOARD

04.12.2018

Propriety of Seeking Enforcement of Matrimonial Rights by way of Fundamental Rights Proceedings PAGE 4

Nigeria is in a Low Grade Civil War – Agbakoba, SAN PAGE 5

Ogoni Indigenes drag FG, Others to Court, over Oil Block Allocation PAGE 6

QUOTABLES ‘There is no country in the world that can progress any kind of economic policy, if there is the sort of corruption that we have seen in our country, in the past few years. There is no way that an economic policy can be sustained, unless we deal with the issue of grand corruption. It is impossible....The fight against corruption, must be central to whatever economic policy we want to progress.’ – Professor Yemi Osinbajo, SAN, Professor of Law, Vice President of the Federal Republic of Nigeria

‘A Lawyer Must be Consistent with Integrity’ PAGE 6

A ‘ ll hands must be on deck. We must, as citizens, provide intelligence for the intelligence agencies and security agencies, to be able to work. No nation survives any fight against insurgency, without intelligence information from members of the public ’. – Daniel Hassan Bwala, Legal Practitioner, Abuja, Member of the Lincoln’s Inn of England and Wales

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.

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

ADERINSOLA FAGBURE Aderinsola Fagbure is a keen writer having written her first article which was published by the junior section of a national daily, at the age of five. She is a graduate of Igbinedion University Okada and has just completed a Master’s degree in Corporate Law at the University College London. Her column, “In black and white” discusses the need for innovation on the Nigerian legal scene particularly in the fields of Mergers and Acquisitions, Corporate Finance, Corporate Governance and Energy Law.

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

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EFCC: The Use and Abuse of Bondspersons

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Lawless Law Enforcement Agencies remember when I took up the mantle as Editor of this esteemed publication in 2016, we had the issue of the Department of State Services (DSS) unlawfully raiding the homes of Judges. I remember that at the time, I discussed the role and functions of the DSS, if it was indeed, even the successor-in-title of the State Security Service (SSS) (there being no establishing statute for the DSS), and the functions of the SSS provided for in the National Security Agencies Act. I concluded that, by no stretch of the imagination, can the duties of the DSS extend to the roles which it seems to have burdened itself with these days, including barricading the entrances of the National Assembly, and the homes of some of its principal officers. I have also spoken extensively about the Nigeria Police Force, and its incessant antics. Alas! Executive lawlessness and ‘Naijanarchy” being displayed by our law enforcement agencies, certainly does not end with only these two. The EFCC and Bail One afternoon last week, I was minding my own business at home, when I received an urgent call from a friend, saying that he had been invited to the Economic and Financial Crimes Commission (EFCC) to respond to a petition which someone had lodged against him, and he needed a surety to accompany him to the EFCC. I then asked how he knew that he would require a surety, without even going there first. I haven’t stepped into EFCC for several years, and I’m therefore, not totally abreast with their procedures. I immediately placed a call to one of the seniors in my office, who informed me that, going to respond to a petition at the EFCC, was sort of like being arrested. Therefore, I was advised that my friend must not only go to EFCC in the company of Counsel, but with two sureties, probably property owners, with evidence of payment of tax for

Acting EFCC Chairman, Ibrahim Magu

the past three years! I thought to myself that, certainly, the EFCC procedure seems strange, to say the least. Nigerians have used the EFCC for all manner of things, which are outside the purview of the EFCC mandate, most popularly for debt recovery, to witch hunt enemies and political opponents, and so on. Filing of baseless malicious petitions, is not new. I therefore, wondered, whether the fact that someone raises a petition against another, without any investigation or hearing the Respondent’s defence, qualifies as reasonable suspicion as having committed a criminal offence, as provided by Section 35(1)(c) of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution), to warrant arrest/ having to attend EFCC to respond to such a petition already armed with sureties in advance, in order not to be detained. Simply put, is it lawful for an individual to be arrested and require a surety, based on an unsubstantiated petition against such an individual? I think not. What happened to the right of fair hearing, guaranteed by Section 36 of the Constitution? If you have ever watched the programme ‘In the First 48’ on the DSTV crime channel, a real life programme on murders committed, the investigation of the murders, and arrest of perpetrators (in short, the process, starting from the commission of the crime to prosecution and conviction), you will see that, even people who are invited to the police station for questioning as suspects in such circumstances, are sometimes allowed to go after questioning, with nothing like bail involved, because the investigation is still ongoing, and there is not enough evidence against the suspect to effect an arrest. That is for murder which is considered to be one of the gravest offences, talk less of being invited to respond to a petition on allegations of matters like fraud or other financial crimes!

Bail Bondspersons Of course, I followed up on my friend’s visit. What I found rather interesting was that, he reported to me that, there seem to be professional bondspersons practically resident at the EFCC, who can be called upon at the drop of a hat, to stand as surety (for a fee, of course), akin to the bail bondsman system that exists in the United States of America, where a Defendant pays a registered bondsman or bail company a 10% fee, in return for posting bail. The only difference is that, the Nigerian system is flawed, as it seems to be nothing more than a money making scam, in the sense that, whether or not you deserve to be arrested, you are arrested, and then require the services of a surety as your get out of jail (not free) card. My friend told me that, while he was at EFCC, there were scores of people like him who came to respond to petitions, and we did a mental calculation of approximately how much revenue is generated daily, by these so-called “sureties” and their cohorts, who post this “bail”. It sounded more like a tidy money making diddle to me - in a financial crime fighting agency! How ironical. Whether my friend’s matter qualifies to be an EFCC issue, I don’t know. My friend was accused of supplying sub-standard equipment, which he is disputing, especially because the Petitioner left the equipment lying fallow for months, while the natural elements dealt with them. Without the EFCC so much as arranging for experts to examine the machines to determine their authenticity, or whether their deterioration was caused by exposure to the elements, they slapped my friend with the bail and surety issue. My friend’s argument is that, with all this payment for surety, where will he then find money to make any reparations, should any of the equipment be really be found wanting, having used most of his limited resources to secure “EFCC bail”? Bondspersons Regulations 2011 Interestingly, Lagos State introduced the Bondspersons Regulations 2011 (BR); it is however, unclear whether it is actually operational yet. The Regulations are further to Section 138 of the Lagos State Administration of Criminal Justice Law, which provides inter alia that, the Chief Judge may register and licence individuals or companies, to act as bondspersons within the jurisdiction in which they are registered. This development has occurred, partly because our prisons are overcrowded, as many detainees are unable to meet their bail conditions, and it is easier for them to raise the smaller fee payable to the professional bondsperson, than to find a surety who has property within the jurisdiction plus fulfill the other onerous bail conditions. In the USA, usually, bondspersons are required to complete a short prelicensing course, before they apply to be bondspersons; and in some jurisdictions, a newly qualified bondsperson must be supervised during his/her first year, by a bondsperson who has been licensed for a certain number of years. However, it seems that, the BR does not require that a bondsperson take any pre- qualification course, though the Chief Judge of Lagos State at the time, Honourable Justice Ayotunde Phillips, did state that there would be screening of applicants, for suitability. However, some senior Lawyers

ONIKEPO BRAITHWAITE

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

“MY FRIEND TOLD ME THAT, WHILE HE WAS AT EFCC, THERE WERE SCORES OF PEOPLE LIKE HIM WHO CAME TO RESPOND TO PETITIONS, AND WE DID A MENTAL CALCULATION OF APPROXIMATELY HOW MUCH REVENUE IS GENERATED DAILY, BY THESE SO-CALLED “SURETIES” AND THEIR COHORTS, WHO POST THIS “BAIL”. IT SOUNDED MORE LIKE A TIDY MONEY MAKING DIDDLE TO ME - IN A FINANCIAL CRIME FIGHTING AGENCY! HOW IRONICAL” like Professor Taiwo Osipitan, SAN, have advocated for an agreement on a minimum educational qualification for a bondsperson, and a training school to be attended, as a pre-requisite for licensing. Abuse Inasmuch as the idea of the bondspersons may be welcome and useful, especially for the indigent, without even becoming fully operational in our system, as is the norm in Nigeria, it’s already being abused and used as a money making racket; and by whom? mostly the law enforcement agencies. Even to secure bail from the police station, though the slogans, “Police is your friend” and “bail is free”, are pasted all over the place, mostly, palms have to be greased, to make it happen. If we are to make use of this system, it needs to be fine tuned properly. It is not uncommon to find our local bondspersons overstretching themselves, standing as surety for more people than their assets and resources permit, because their activities are not checked by the law enforcement agencies. My dear colleagues, do you think the bondsman system should be formally introduced in Nigeria? Do you think it will assist the indigent and ease prison congestion? Will it make the wheels of justice go faster? How can the system be fine tuned to fit the Nigerian scenario? What are your thoughts? Please, share them.

4/LAW REPORT

04.12.2018

Propriety of Seeking Enforcement of Matrimonial Rights by way of Fundamental Rights Proceedings

T Facts

he 1st Respondent who resides in Lagos was married to the Appellant, a trader who was living in the Respondents’ family house in their hometown in Imo State. The Appellant and the 1st Respondent had a misunderstanding, which then occasioned the intervention of a Social Welfare Officer for the settlement of the domestic issues. In the course of resolving the dispute, the Officer ordered the Appellant and the 1st Respondent, respectively to undergo HIV tests, of which the Appellant tested positive whilst the 1st Respondent tested negative. On these facts, the Officer advised the 1st Respondent to keep off the Appellant sexually. The dispute between the Appellant and the 1st Respondent persisted, and the 1st Respondent, in his bid to cause separation, allegedly disclosed the Appellant’s HIV status. Consequent upon the foregoing, the Appellant as Applicant at the trial Court filed an application for the enforcement of her Fundamental Human Rights seeking inter alia, a declaration that the physical torture, harassment, embarrassment, inhuman and degrading treatment meted out to her by the Respondents and their thugs, were a violation of her fundamental right to the dignity of the human person as guaranteed under Section 34(a) of the Constitution of the Federal Republic of Nigeria, 1999. She also sought a declaration that the removal of her private property from the matrimonial home by the Respondents acting in concert or connivance with their hired thugs on the grounds that the Appellant is HIV positive, is a clear violation or infraction of her fundamental right to privacy and family life, and to freedom from discrimination as guaranteed under Sections 37 and 42 of the Constitution of the Federal Republic of Nigeria, 1999. The Respondents filed a Preliminary Objection at the trial court, challenging the competence of the suit, on the ground that matrimonial matters are not enforced through fundamental rights process. The trial Court dismissed the objection, and granted all the reliefs sought in the application for enforcement of the Appellant’s fundamental human rights. The Respondents successfully appealed the decision of the trial court, and the Court of Appeal set aside the judgement of the trial Court. Dissatisfied with the decision of the Court of Appeal, the Appellant challenged the decision by lodging an appeal to the Supreme Court. Issue for Determination Whether the Court of Appeal was right to hold that the claims of the Appellant at the trial court, were not suited for ventilation under the Fundamental Rights (Enforcement Procedure) Rules, 1979. Arguments For the Appellant, it was argued that, in determining the competence of an action vis-à-vis jurisdiction, it is the claim of the Plaintiff, or relief sought, that has to be thoroughly examined by the court. Therefore, where an action is commenced by Writ of Summons or Motion, the processes to be examined are the Summons or Motions and the supporting affidavit or statement accompanying the application. EZEKWE v NNADOZIE (1953) 14 WACA 361. Counsel submitted that, the complaints of the Appellant did not fall within the ambit of matrimonial dispute, as the main plank of the claim hinged upon humiliation and degrading treatment meted out to the Appellant, and deprivation of her private and family life. Counsel for the Respondents argued that, the right to private and family life claimed, is a guarantee against violations by government officials and public agencies, as no husband can be said to violate the privacy of the wife. Counsel argued further that, the reliefs dealing with damages; injunction and mandatory order compelling the Respondents to restore the Appellant’s properties, were consequential, but relate to matrimonial issues which cannot be enforced under Fundamental Rights Procedure. It was also argued that, the substratum of the misunderstanding between the parties was matrimonial, and as such, the reliefs based on Sections 34, 37 and 42 of the 1999 Constitution, are not sustainable in a proceeding under the Fundamental Rights (Enforcement Procedure) Rules, 1979, as the purpose of the action was to restore the Appellant to the matrimonial home, as the wife of the 1st Respondent. Court’s Judgement and Rationale Deciding the issue, the Supreme Court reiterated the trite principle of law that, jurisdiction is the life blood of adjudication, in that any decision by a court that lacks jurisdiction to hear and determine a matter, is a nullity, no matter how well conducted.

Hon. Walter Samuel Nkanu Onnoghen, CJN

In the Supreme Court of Nigeria Holden at Abuja On Thursday, the 8th day of June, 2018 Before Their Lordships Walter Samuel Nkanu Onnoghen Musa Dattijo Muhammad Kudirat Motonmori Olatokunbo Kekere-Ekun Chima Centus Nweze Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC.601/2013 Between Mrs. Uchechi Nwachukwu .........

Appellant

and 1. Henry Nwachukwu 2. Mrs Fidelia Nwachukwu ............Respondents (Lead Judgement delivered by Hon. Walter Samuel Nkanu Onnoghen, CJN)

MADUKOLU v NKEMDILIM (1962) NSCC 374 at 379-380. In the aforementioned decision, the Law Lords held that, for a court to have requisite jurisdiction to hear a matter; (a) it must be properly constituted as regards the numbers and qualifications of members of the bench, and no member is disqualified for one reason or another; (b) the subject-matter of the case must be within the jurisdiction of the court, and there is no feature in the case that prevents the court from exercising its jurisdiction; and (c) the case must come before the court initiated by due process of the law, upon fulfilment of any condition precedent to the exercise of jurisdiction. The law also is settled that for a matter to be instituted

“....THE RIGHTS TO CONJUGAL PRIVILEGES OF CONTINUING IN MARRIAGE WITH AN UNWILLING SPOUSE, AND NOT TO BE SEPARATED OR CALL QUITS A MARRIAGE, ARE NOT FUNDAMENTAL RIGHTS GUARANTEED UNDER CHAPTER IV OF THE CONSTITUTION”

under the Fundamental Rights (Enforcement Procedure) Rules, 1979, to enforce the constitutionally guaranteed rights under Chapter IV of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), the enforcement of such right(s) must be the main/ substantive claim before the court, not ancillary. In TUKUR v GOVERNMENT OF TARABA STATE (1997) NWLR (Pt. 510) 549 at 574-575, the Supreme Court stated the law as follows: when an application is brought under the Fundamental Rights (Enforcement Procedure) Rules, 1979, a condition precedent to the exercise of the court’s jurisdiction, is that the enforcement of fundamental rights or security of the enforcement thereof, should be the main claim and not an accessory claim. Enforcement of fundamental right or securing the enforcement thereof should, from the Applicant’s claim as presented, be the principal or fundamental claim as presented, and not the accessory claim - THE FEDERAL MINISTER OF INTERNAL AFFAIRS & ORS v SHUGABA ABDULRAHMAN DARMAN (1982) NCLR 915. Where the main or principal claim is not the enforcement or securing the enforcement of fundamental right, the jurisdiction of the court, cannot, as has been pointed out above, be properly exercised, as it will be incompetent by reason of the foregoing feature of the case. In the present case, the Respondents contested the jurisdiction of the trial court to entertain the matter, and the lower court agreed with their contention, while the Appellant contended in the contrary. In determining the legally justifiable position, having regard to the facts of the action, Their Lordships, after highlighting the relevant paragraphs of the verifying affidavit, consideration of the processes filed, and the proceedings leading to the judgement, agreed with the Court of Appeal that, the main plank of the claim put forward by the Appellant did not lie in enforcement of fundamental rights, as it revealed that the verifying affidavit bordered on matrimonial issues. The Appellant complained that, she received an invitation from the Social Welfare Department of Ahiazu Local Government, which ordered her separation from the 1st Respondent because of her HIV status, resulting in mental torture. Exhibit C, the letter written by Counsel for the Appellant headed: Re: threat to forcefully separate our client from her matrimonial home, demonstrated a relief for restoration of the Appellant’s marriage. From the foregoing, and upon examination of the reliefs sought by the Appellant at the trial court, it follows that the case of the Appellant against the Respondents, was that she was forced out of her matrimonial home and deprived of her matrimonial rights, after several assaults. In addition, one of the reliefs was directed at the need for the Appellant to remain in the family home, with the 1st Respondent as her husband. The Restraining Order in relief C to wit - preventing the Respondents from interference with the Appellant or her enjoyment of her stay in the matrimonial home - revealed that the 1st Respondent must live with the Appellant, despite the evidence of the collapse of the marriage. This is evidently, not an enforcement of Appellant’s fundamental rights. From the totality of the facts disclosed on record, with particular reference to the case presented by the Appellant, it was clear that the desire of the Appellant, was to be principally restored to her matrimonial home. The Fundamental Rights (Enforcement Procedure) Rules, 1979 does not provide for such claim, as the Appellant’s claim was not fundamentally aimed at securing the enforcement of her fundamental human rights; the decision of the Court of Appeal to this effect, cannot be faulted. It must be noted that, no matter how well conducted the proceedings of the court may be, once taken in the absence of jurisdiction, they are null and void ab initio - ONYEMA & ORS v OPUTA & ORS (1987) 9 SC 362. Their Lordships concluded by stating that, the rights to conjugal privileges of continuing in marriage with an unwilling spouse and not to be separated or call quits a marriage, are not fundamental rights guaranteed under Chapter IV of the Constitution. The judgement of the Court of Appeal upholding the Preliminary Objection of the Respondents challenging the competence of the suit/ application filed by the Appellant, was thereby affirmed by the Supreme Court. Appeal Dismissed. Representation: Ike Inegbu, Esq. with Emmanuel Akuma, Esq. for the Appellant. Ngozi Olehi Esq. and Messrs Obinna Nwachukwu and Ogbemdi Ezeonye for the Respondents. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

04.12.2018

NEWS/5

NEW WIGS L-R: Kamilah Jasmine Alegeh (centre) with her Mother, Mrs. Ferishat Alegeh (left) and Hon. Justice Amina Augie, JSC

L-R: Former NBA 1st Vice President, Caleb Dajan, his son, Tapshak, NBA President, Paul Usoro, SAN and Mrs. Rosemary Dajan at Tapshak’s call to Bar in Abuja

Nigeria is in a Low Grade Civil War – Agbakoba, SAN Former NBA President and Chairman, National Intervention Movement, Dr Olisa Agbakoba, SAN said last Thursday that Nigeria is currently in a state of a low grade civil war, which according to him, is an indication that the nation has a very fragile democracy. Agbabokba who is a member and Co-convener of the Coalition of United Political Parties CUPP, said this in a media parley with Judicial Editors at his Arbitration and Mediation Centre, Ikoyi, Lagos. He further called on President Muhammadu Buhari, to, as a matter of urgency, sign into law, the 2018 Electoral Act, which the National Assembly had sent to him for assent. The consequence of the President’s refusal or neglect to sign the Bill, would resort to the National Assembly overriding and vetoing him, by unilaterally

bypassing his assent, and the Act would automatically become operative. Agbakoba said amongst others that, the system currently is under what he calls ‘legal failure’. “The Legal and Justice Sector in Nigeria is dead. Simple cases take 5 - 10 years to resolve. This has had a massive impact on economic development. “No Investor, whether local or international, will invest in a country where there is no rule of law. “Sadly, no serious attention is paid to Legal and Justice Sector. The 2019 policy documents of leading Presidential Candidates, is silent on Legal and Judicial Reform. “A speed of justice strategy and innovative dispute resolution mechanisms, can reverse this legal failure.”

He let judicial editors into his new publication ‘My Concept Note on the Reform of Rules Relating to Civil Procedure in the Federal High Court.’ A publication awaiting unveiling. “The concept note, explains how reforms in the rules can cause delay and inefficiency in civil proceedings. “Speed of Justice Training Manual on case Management. The Manual explains case management. How Judges can be empowered to determine the speed of proceedings in court.” On the Coalition of United Political Parties (CUPP), Agbakoba said “Given that the main thrust of the Coalition is to win the 2019 Presidential Elections through a process of joint collaboration, CUPP has shortlisted 5 Presidential Candidates to be considered for

selection as the Joint Candidate of the opposition parties in the 2019 Presidential Elections. “The Presidential candidate of the PDP came out in front on the early ballot, but was followed by very 4 strong contenders. “The criteria for shortlisting the 5 candidates, was based on agreed terms by members of CUPP, including national spread and structure, experience, public office holders such as Governors, National Assembly, etc, financial capacity, organisation strength of parties, capacity to man the 120,000 polling units across Nigeria, etc. Members of CUPP re-affirmed their commitment to present a Joint Candidate for the 2019 Presidential Elections, and work towards establishing a government of National Unity.” The CUPP has over 90 political parties.

Group Urges Government to Invest More in the Judiciary Akinwale Akintunde The Government at all levels, has been called upon, to invest more in the Judiciary as a crucial third arm of government, so as to strengthen the rule of law, governance and democratic process. This call was made by Partners West Africa Nigeria (PWAN), also Rule of Law and Empowerment Initiative as part of recommendations in its latest report “Presentation on the Findings of Case Monitoring in Lagos State”, which was presented to the public in Lagos last Thursday. PWAN is a non-governmental organisation, dedicated to enhancing citizens’ participation and improving security governance in Nigeria and West Africa broadly. The Report, stated that the status of Lagos State being the foremost State on judicial reforms in the country, makes every other State in the country, look up to it for improvement. The Report, therefore, stressed the need for government to appropriate and provide equipment, such as electronic recorders, for effective discharge of duties by Judges and Magistrates. “The Lagos State Government should particularly increase its

investments in the Magistrates Courts, by providing relevant equipment, because they clearly lack in this regard, as the analysis has shown. According to PWAN, it came about its report, by deploying a total of 25 observers across 25 High and Magistrate Courts in Lagos State. The designated, it stated were in Ikeja, Apapa, Badagry, Ejigbo, Igbosere, Ijede, Isolo, Surulere and Ogba. “Court observation commenced on 5th March, 2018. The data presented today is from June – September, 2018, with comparison being made with data from the last quarter (March – May 2018). The observers were in court Monday to Wednesday every week, from the date of commencement of the observation this quarter. This means each observer was in court at least for 25 days within this observation quarter, except in situations when the courts were on vacation. Magistrates Court were typically observed for more days than High Courts (30) due to the fact that, the High Courts observed extended their annual vacation from 5th July to 17th September during this period”, the group stated.

The Report of March to September, 2018, showed that a total number of 39 cases were monitored during the period, out of which 10 were observed at the High Court and 29 at the Magistrate Court. According to the Report, of the 10 cases monitored at the High Court, 44 per cent were corruption offences, 11 per cent were murder or manslaughter cases, and 44 per cent are were other criminal cases, ranging from forgery, robbery, criminal conspiracy, theft etc. The Report showed that 31 per cent out of the 39 cases observed at the Magistrate Courts comprised of cases of forgery, robbery, criminal conspiracy, breach of trust, theft, cheating and slander amongst others. On the average, the number of Defendants standing trial was three at the High Court and two at the Magistrate Court, 100 per cent of whom were male for the said period, the Report stated. Following its findings, the group noted that, the continued lack of access by persons with disabilities to Magistrate Courts in particular, needs to be addressed, and therefore,

recommended amongst others that, Lagos State Government or Judiciary, should make its judicial system more inclusive, by providing ramps for access into the court premises and additional legal aid, to enhance access to justice. The PWAN Report also recommended that, the Commissioner of Police and Heads of Criminal Justice agencies in Lagos State, should expedite efforts in providing electronic recorders and other requisite devices, adding that, other stakeholders including CSOs are always willing to partner with them in these instances. “Investigative and Prosecutorial agencies in the State, should have at least one interrogation room fully equipped with necessary recording gadgets, so that suspects, especially those suspected of committing serious violent crimes or grand corruption, will be effectively interrogated and recorded”, it stated. The Report revealed that, there are gaps in inter-agency coordination and collaboration on administration of criminal

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L-R: Former NBA National Legal Adviser, Usman Sule, his daughter, New Wig, HafsatIye Usman and her Mother

Landlords Seek FG’s Intervention over Land Grabbers Using Alleged Wrong Court Judgement to Takeover their Property Akinwale Akintunde The landlords of NASCO Estate in Amuwo Odofin Local Government Area of Lagos State, have called for Federal Government’s intervention over attempts by land grabbers to use a wrong consent judgement, to eject them from their legitimately acquired land. Speaking through their Lawyer, Mr. Iheanyi Emeh, the landlords stated that NASCO is theirs, and the Federal Government leased the land to NASCO and even gazetted it. And neither NASCO nor Federal Government, was a party to the consent judgement which the land grabbers are relying on, to encroach on their land. According to them, the land which is the subject matter of the judgement being used by the land grabbers, is different from the one they are presently encroaching on, adding that, the land grabbers were executing the judgement on another person’s land. Emeh explained that, the entire stretch of land called NASCO Estate belongs to NASCO Estate Nigeria Limited, by virtue of a Lease between the Federal Government of Nigeria and the Company, entered in 1978. "In 1994, one Michael Mojisola Cole, filed suit No.ID/1134/94 between Michael Mojisola Cole v Agbojojoye family, the original land owners (Omonile), from whom the Federal Government of Nigeria acquired the land, and thereafter, leased to NASCO after paying compensation to the Family. "The Family entered settlement with Mojisola Cole, wherein they agreed to give him 42 acres of land, as replacement for the 100 acres he bought from them, at any other location other than the Federal Government acquired land leased to NASCO. "However, in February 2018, some land grabbers purporting to be Attorneys to Mojisola Cole (now late), entered NASCO land, purporting that they were executing judgement in the earlier Suit No.ID/1134/94. They refused to avail us with of the copy of the judgement they were executing. The Police were

called in to intervene. The Police in turn sought for clarification from the office of the SurveyorGeneral of the Federation, as to the boundaries of NASCO land vis a vis Mojisola Cole's land. "In its response to the Police enquiry, the Office of the Surveyor-General stated emphatically that, the matter is not one of boundary dispute but a case of complete trespass into NASCO'S land by the acclaimed Attorneys of Mojisola Cole. Nevertheless, the land grabbers have remained on NASCO'S land, because they are aided and goaded by some top security officers", the Lawyer stated. Also speaking, the Accounts Manager, NASCO, Dr. Mustapha Suleiman, noted that the case has been ongoing for a long time. But, there has never been a time anybody joined them or the Federal Government that leased the land to them, in a suit concerning the land. There has never been any contention about the ownership of the land. The residents alleged that, they are subjected to incessant harassment, threat to life, and encroachment on their land by land grabbers under the protection of an alleged “Order from above". According to the Chairman of the Estate, Chief Osita Ekpunobi, they have lived peacefully in the Estate for 20 years, until February and March when the land grabbers invaded the Estate with thugs, on the strength of the consent judgement that is meant for another land. "They padlocked our gates; claiming they won the land in the court. We requested them to serve us the court papers, but they did not. So, we traced the suit number in the court and discovered that the matter does not concern us, neither NASCO our landlord, nor the Federal Government that leased the land. "Despite that, the land grabbers have not ceased to molest us. "Therefore, we beg the Federal Government and Inspector General of Police, to intervene urgently and save our lives and land. And also reassure us that, the provisions in the 1999 Constitution of the Federal Republic of Nigeria,(Sections 43, 44,) that the citizens can genuinely acquire landed properties in any part of the country, is still true", he explained.

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Ogoni Indigenes drag FG, Others to Court, over Oil Block Allocation Akinwale Akintunde The Conference of Ogoni Traditional Rulers and Chiefs, have dragged the Federal Government and some oil firms to the Federal High Court in Abuja, over oil block allocations. In the suit filed by the Registered Trustees Ogoni Liberation Initiative and Mr. Tim Kuntimo (for himself and on behalf of Federation of Ogoni Youth), the Plaintiffs are asking the court, to stop the resumption of oil exploration on the OML 11 oil fields spread across Elema, Gokana, Khana and Tai Local Government areas of Ogoniland. Joined as 1st to 3rd Defendants in the suit filed by the Plaintiffs through their Lawyer, Mr. Dada Adekunle Awosika of D.A Awosika & Partners, are the Nigeria National Petroleum Cooperation (NNPC), Nigerian Petroleum Development Company Ltd (NPDC) and Attorney-General of the Federation. Other Defendants are Robomichael Ltd, Robomichael Oil Marketing Ltd, Bellema Refinery & Petrochemical Ltd, Bellema Oil Producing Ltd and Transnational Corporation of Nigeria Plc (Transcorp). They are praying the court, to declare that

the Federal Government cannot issue the mining licence over the OML 11 oilfields, until and unless the United Nations Environment Program (UNEP) proposed/recommended cleanup and remediation exercise is undertaken, and fully implemented. According to the Plaintiffs, the 1st to 3rd Defendants must at least, record some tangible milestones from the cleanup, following years of environmental degradation of Ogoniland, its ecosystem and ecology. The Plaintiffs also want the court to hold that, the planned resumption of oil exploration and production in OML 11 oilfield is “irregular and irresponsible, when the entire Plaintiffs’ land is completely desecrated and unsuitable for human habitation”. They are seeking court's declaration that, any mining licence granted the 4th to 8th Defendants, is unlawful without first undertaking the UNEP proposed cleanup and remediation exercise. They are also seeking a declaration that, having not obtained a social licence to operate the oilfields from them, any operatorship licence granted the 4th to 8th Defendants, is illegal, irregular, null and void.

GROUP URGES GOVERNMENT TO INVEST MORE IN THE JUDICIARY justice, and recommended that, with the ACJL of Lagos State set to be reviewed, it is imperative now, more than ever, to financially and morally support the State Criminal Justice Monitoring Committee that was inaugurated by Lagos State Chief Judge a few months back, so as to ensure effective coordination of criminal justice agencies, and monitor implementation of the law in the State.

The Report also recommended that, acknowledgment of good practices should be encouraged at all levels of the criminal justice system. According to the Report, this should include identifying and celebrating criminal justice practitioners, who are doing good work in their various agencies and institutions. “Finally, PWAN would further recommend that, the Legal Department of Lagos State

Besides, the Plaintiffs urged the court to hold that the 4th to 8th Defendants “do not have the wherewithal, expertise and performance records, to provide any kind of technical services in the operatorship and development of OML 11 oilfields.” They further prayed for an order setting aside any oil mining licence or authorisation granted the 4th to 8th Defendants, as well as an order restraining the 1st to 3rd Defendants from issuing any oil mining licence to the 4th to 8th Defendants, pending the completion of total cleanup and remediation exercise in Ogoniland in line with UNEP recommendations. The Plaintiffs prayed for an order of perpetual injunction, restraining the 4th to 8th Defendants or their agents, from going into Ogoniland for the purpose of mining the OML 11 oilfields, unless the UNEP recommendations are fully carried out. The Plaintiffs, in their statement of claim, said oil exploration by SPDC from 1955 to 1993, resulted in “systemic environmental contamination of the Plaintiffs’ land” and oil spillages due to “irregular and illegal practices by SPDC in its exploration and production activities around Ogoniland”.

CONTINUED FROM PAGE 5 Police Command and other sister agencies respectively, forward quarterly reports to the Commissioner of Police Lagos Command, and the various Heads of Agencies, who in turn, will forward to the Attorney-General of Lagos State. This will supplement the reports already being sent by the Commissioner of Police to the Attorney-General, in accordance with the law”, the Report added.

They said the “unwholesome oil practices” led to the contamination of their entire land, creeks and rivers, as well as environmental devastation. The Plaintiffs said the technical installations made around OML 11 oilfields, that pass through Ogoniland “continue to spew and spill crude oil on a daily basis onto the Ogoni people’s land”, adding that, the facilities abandoned since 1993 have never been decommissioned. They said its successive administrations reached an understanding, to ensure total cleanup of Ogoniland, and that, any further exploration and production in the oilfields shall be with their consent. They added that since UNEP released its report and recommendations in 2011/2012, the 1st to 3rd Defendants and Shell Petroleum Development Company (SPDC) “are yet to undertake any cleanup and remediation”. The Plaintiffs said it came to their attention sometime in July that, the Federal Government had approved or was in the process of approving the operatorship/mining licence for the 4th to 8th Defendants, who have not obtained a social licence. They urged the court to grant their reliefs, as the Plaintiffs and other indigenes of Ogoniland continue on a daily basis to suffer environmental health problems, due to lack of portable drinking water, among others. The Plaintiffs said their investigations revealed that, the 4th to 8th Defendants had concluded plans to resume oil exploration activities on OML 11. Justice A. I. Chikere granted the Plaintiffs leave to serve the 4th to 8th Defendants through their offices in Benin, Port Harcourt and Ikoyi, Lagos, through courier service. He adjourned until December 6, for report of service.

Legal Personality of the Week Adeola Austin Oyinlade

‘A Lawyer Must be Consistent with Integrity’ My name is Adeola Austin Oyinlade; a Nigerian Lawyer and United Nations Peace Ambassador. Aside law practice, I use my law expertise, as a tool for social engineering and problem-solving in Nigeria. On the international plain, I have been privileged to consult for African Union on the implementation of African Youth Charter, and graced the United Nations speaking platforms across the world in the thematic areas of human rights, rule of law and youth development. I was born at Akure, Ondo State, Nigeria to the family of Late Elder Igbekele and Mrs Florence Oyinlade. I had my primary and secondary school education in Akure. I attended University of Lagos for my first degree (LL.B) and second degree (LL.M) Master of Laws. I am happily married, and blessed with beautiful children. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Every career has its own challenges. What makes a successful Lawyer in his/her career, is the ability to manage every circumstance. What was your worst day as a Lawyer? Honestly, I don’t think I have one that qualifies as my worst day in practice. What was your memorable experience as a Lawyer? I have many memorable experiences. The day I was called to the Nigerian Bar was one. I had wanted to study law all my life, with maximum support of my parents. Suddenly, I lost my Dad while writing my Senior Secondary School exams, over two decades ago. It was a huge blow to my dream. I decided to be independent, in order to save money for my law degree. That made me to go into radio presentation at OSRC 96.5 FM in Akure, as a freelance. It took me eight years after leaving secondary school, before I finally gained admission to study law at the University of Lagos. When I was called to the Nigerian Bar, it was huge and a dream come true for me. The day I delivered a paper at the Pre-AU Summit at the African Union headquarters,

Adeola Austin Oyinlade

Addis Ababa on reforming national laws in compliance with African Youth Charter in 2011, was also a memorable day for me. I am used to delivering my addresses, without reading from papers. I shared my address and engaged the audience, based on what I had prepared. I spoke for an hour, and colleagues across 54 African countries and UN organisations would not stop clapping, at a venue expected to be solemn and calm. Immediately after my address at the plenary session, I got three invitations for paid international speaking roles, including one from UNESCO headquarters in Paris, which I honoured the same year. The delivery and the response from participants and AU partners, was a memorable one for me. In addition, I must say winning the 2018 IBA Human Rights Award in Rome, Italy was a big one for me, my team, family and Nigeria. The IBA recognition, was a ‘mission accomplished’ with the icing on the cake, especially when it appeared impossible to become a Lawyer many years ago. If law experts across the globe, without any direct or personal relationship with me can single me out from thousands of colleagues who are expanding the frontiers of human rights globally,

it is a divine favour; and it was a great moment for me, as the recognition and celebration came from the world body of our noble profession, which I cherish so much. It also confirmed that, my work in Nigeria and advocacy on human rights issues and humanitarian crises in many African countries, are being noticed. For my team, they have worked so hard to see that ordinary people on the street get empowered on their rights, under my leadership. Our ‘Know Your Rights Nigeria’ app, which simplifies all human rights and safeguards in English, Pidgin, Hausa, Igbo and Yoruba languages with over 50 Lawyers responding free to human rights issues that arise in people’s daily lives, we resolved must be sustained, as we give back to the society. To my beloved country Nigeria, it shows to the world again that Nigerians are social engineers and problem-solvers. The NBa under the leadership of Mr. Paul Usoro, SAN and members of the Nigerian Bench, celebrated it at the venue of the IBA Conference in Rome. Everyone at the venue, would have liked to be a Nigerian that day. No one talked about ethnicity or tribe among Nigerian delegates, on the day of the award. I kept hearing ‘He is our own’, ‘He is our man’. ‘We must celebrate him’, ‘Thank you for doing our country proud’. Nigerians Lawyers in attendance, including Attorney-General of States, Judges told me they were 3 present when a colleague from Turkey won it last year, and it was a joy for them that IBA award was coming to Nigeria. Before I returned to Nigeria, it was already trending. I thank Nigerians for their messages and remarks. The honour, truly, belongs to them all. Who has been most influential in your life? A lot of people I must say. Starting from my home, my father influenced me, even though he was not a Lawyer. He was a man that always backed up his assertions, with relevant authorities. Chief Gani Fawehinmi’s knowledge of law and advocacy, influenced me to go into law fully, and also made me show interest in human rights. I finally met him in 2006, and

was glad when he presented me with a copy of his book called FAWEHINMISM. My law teachers too, at the University of Lagos were of great help, because I engaged them beyond the goal of attending classes and reading to pass exams. I was there to know, and I really disturbed many of them outside the scope of the faculty curriculum. Why did you become a Lawyer? I became a Lawyer, because I wanted to contribute immensely to expanding the frontiers of development, of my beloved country. I believed so much then, that knowledge of law would make it easier for me to solve problems that were yearning for solutions. I felt being a Lawyer, would be of great help to my community and country at large. What would be your advice to anyone wanting a career in law? Please, be convinced that you desire a career in law and come in. Again, know exactly what you want, and don’t jump at anyhow opportunities, that can take you away from your vision or area of strength. A good Lawyer must be on top of what he/she is doing, and always learn something new. Be consistent with integrity, and never allow any challenge to put an end to your vision. If you had not become a Lawyer, what other career would you have chosen? Maybe I would have become a popular radio personality or rap artiste. I did both, but when I finally got admission to study law, I dropped the music, while still doing my radio shows on UNILAG 103.1 FM. When I was going to the Law School, I had to draw the curtain on my radio broadcast career, to concentrate fully on law practice and my international engagements, save for our human rights empowerment show called “Know Your Rights Nigeria” Where do you see yourself in ten years? I see myself still very much in law practice and continual interventions, where it will make the world, a better place for all.

04.12.2018

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

SMS only to 08098898888

Elevated Judges and Part Heard Matters (Part 1)

I

Introduction t is no longer news that, many Judges who have been elevated to the Court of Appeal from the various High Courts and Federal High Courts across Nigeria, are still continuing with the hearing of matters that were part heard before their elevation. What is perhaps not known to most Nigerians is that such Judges were actually, on the 22nd of June, 2018, elevated to the Court of Appeal from the said lower courts. In insisting on trying such part heard matters at all cost, come sun, come rain, the Judges are perhaps relying on Section 396(7) of the Administration of Criminal Justice Act (ACJA), which came into effect on May 15, 2015. The section which was passed, perhaps in good faith, to prevent prolonged cases being heard de novo, provides as follows: “Notwithstanding the provision of any other law to the contrary, a Judge of the High Court who has been elevated to the Court of Appeal, shall have dispensation to continue to sit as a High court Judge, only for the purposes of concluding any part-heard criminal matter pending before him at the time of his elevation, and shall be concluded within reasonable time, provided that this section shall not prevent him from assuming duty as a Justice of the Court of Appeal”. Issue for Determination The question that begs for answer is, whether a Judge, having been elevated to the Court of Appeal, can still sit to try cases at the High Court or Federal High Court, relying on Section 396(7) of the ACJA. Our humble answer, is in the negative. For starters, Section 396(7) ACJA appears to be a frontal attack and violation of Sections 238(2), 240, 250(2) and 253 of the Constitution of the Federal Republic of Nigeria, 1999, as altered (Constitution) and decided cases on the subject-matter. To that effect, the section is null and void by virtue of Section 1(1) and Section 1(3) of the Constitution, which provide that the Constitution is supreme and binding on all, and that it shall prevail in the event that any law is inconsistent with it, with the inconsistent law being void to the extent of its inconsistency. See the cases of AG ABIA STATE v AG FED. (2002) 6 NWLR (PT. 763) 204 and ABACHA v FAWEHINMI (2000) 4 SC (PT. 11), PAGE 1. By virtue of Section 6 of the Constitution, as altered, the judicial powers of the Federation are vested in the courts of law as established by the Constitution. By Section 6(5) thereof, the Court of Appeal is created as one of the superior courts of record. The jurisdiction of the Court of Appeal, is as provided for in Sections 238 – 240; with Section 248 giving the President of the Court of Appeal, powers to make rules regulating the court’s practice and procedure. The Original and Appellate Jurisdiction of the Court of Appeal By virtue of Sections 239 and 240 of the Constitution, the original and appellate jurisdiction of the Court of Appeal to which these Judges have been elevated since June, 22, 2018, do not extend to the hearing or trial viva voce, of criminal matters pending before the High Court or Federal High Court. Section 239 deals with its original jurisdiction, and it provides as follows: “Subject to the provisions of this Constitution, the Court of Appeal shall, to the exclusion of any other court of Law in Nigeria, have original jurisdiction to hear and determine any question as to whether – Any person has been validly elected to the office of President of Vice President under this Constitution; of the term of office of the President or Vice- President has ceased; or The office of President or Vice-President has become vacant”. Section 240 of the Constitution, on the other hand, which deals with the appellate jurisdiction of the Court of Appeal, provides as follows: “Subject to the provisions of this Constitution, the Court of Appeal shall have jurisdiction to the exclusion of any other court of law in Nigeria, to hear and determine appeals from the Federal High Court, the National Industrial Court, the High Court of the Federal Capital Territory, Abuja, High Court of a State, Sharia Court of Appeal of the Federal Capital Territory, Abuja, Sharia Court of Appeal of a State, Customary Court of Appeal of a State and from decisions of a court martial or other tribunals as may be described by an Act of the

Chief Justice of Nigeria, Hon. Justice Walter S. N. Onnoghen

President, Court of Appeal, Hon. Justice Zainab Bulkachuwa

National Assembly”. It is incomprehensible, why a trial Judge would insist on continuing with part heard matters six whole months after their colleagues with whom they were sworn in and with whom they took oath of office as Justices of the Court of Appeal, should still descend to the lower Bench and belittle themselves by answering the title “Judge of the High Court” or “Judge of the Federal High Court”, when their appropriate title has since changed to “Justices of the Court of Appeal”, since 22nd June, 2018, when they vacated their High Court or Federal High Court seats upon elevation to the Court of Appeal. The Federal High Court that still harbours some these promoted Judges has Sections 251 and 252 dealing with its jurisdiction; whilst Sections 249-254 deal with appointment of its judicial officers. By virtue of Section 253 of the Constitution, “the Federal High Court shall be duly constituted if it consists of at least one Judge of that Court”. This means that, no Justice of the Court of Appeal shall climb down from his exalted position to assume duties as one of the Judges of the Federal High Court, for the purpose of trying a charge. The Court of Appeal, on the other hand, has Section 239(2) guiding its composition. It provides that, the Court of Appeal shall be duly constituted if it consists of at least three Justices of the Court of Appeal”. This means, for example, that no Justice of the Court of Appeal shall exercise the judicial powers donated to a Judge of the Federal High Court as envisaged in Sections 251 & 252 of the Constitution, he not being a Judge of the said court as provided for in Section 253 of the Constitution. The original and appellate jurisdiction of the Court of Appeal as provided for in Sections 239 and 240 of the Constitution, respectively, do not extend to the hearing of criminal matters at the High Court or Federal High Court, in its original jurisdiction.

High Court to continue the trial of this Charge”? How will an elevated Judge who tries a matter at the lower court from which he has been elevated, sign his judgement? If he signs as “Justice of the Court of Appeal”, the entire judgement is liable to be set aside for being illegal, unconstitutional and amounting to a complete nullity. If he signs as “Judge of the High Court”, or “Judge of the Federal High Court”, he lies and is liable to the offence of perjury, having taken the judicial oath of office as Justice of the Court of Appeal”, as prescribed in the 7th Schedule to the Constitution. See the cases of TERYTEX NIG. LTD v NPA (1988)LPELR-20265(CA), A-G, EKITI v C.O.P. EKITI STATE (2018) LPELR-4421(CA). I humbly submit that, by the judicial oath of office as contained in the 7th Schedule to the Constitution, which the elevated judex has sworn to, he vows to perform his duties faithfully and in accordance with the provisions of the Constitution. It is our respectful submission that, from the 22nd day of June, 2018, when various Judges of the High Court and Federal High Court were sworn in as Justices of the Court of Appeal, they automatically ceased to be Judges of the High Court or Federal High Court. Afortiori, they also ceased to have jurisdiction, to continue to try matters which they had hitherto handled, before their elevation. The Judges having been elevated as Justices of the Court of Appeal in line with the provisions of Section 238(2) of the Constitution, they cannot, under any guise, continue to sit as Judges of the lower court. They lack competency and jurisdiction, to try such matters. By virtue of Section 239 of the Constitution, the Court of Appeal, both in its original and appellate jurisdiction, has powers to hear and determine cases if it is composed of not less than three Justices of the Court of Appeal. This means that no such Justice can exercise the judicial powers of the High Court/Federal High Court, in the same way that no Judge of the High Court/Federal High Court shall exercise judicial powers specifically reserved for the Court of Appeal. To underscore the enhanced and upgraded status of a judicial officer elevated to the Court of Appeal, he is usually referred to as “Justice of the Court of Appeal” (like his counterpart, “Justice of the Supreme Court”); whereas his counterpart at the lower Bench from which he has vacated is still simply referred to as “Judge of the High Court/ Federal High Court”. This is why Section 3(2) of the Court of Appeal Act provides, most unambiguously, that: “The President shall rank equal to a Justice of the Supreme Court and the other Justices of the Court of Appeal rank next to the Justices of the Supreme Court and equal to the Chief Judge of the Federal High Court”. This shows that Justices of the Court of Appeal, are superior to the Judges of the High Court/Federal High Court. They can upturn their judgements. The hierarchical structure of Nigerian superior courts identified in Section 6 of the Constitution, is inviolate and immutable. It is to enable justice travel on its legs from the High Court/Federal High Court, to the Court of Appeal, and then to the Supreme Court. Indeed, the Court of Appeal does not hear and determine criminal cases by calling witnesses viva voce, or writing lone judgements. This is amplified by Sections 15, 18, 19 and 26 of the Court of Appeal Act. (To be continued).

How do we address such Judges? By the way, how would we address such elevated Judges, still trying charges before the lower court? Are we going to begin to address such an elevated Judge as “My lord, Justice of the Court of Appeal, but sitting here as Judge of the High Court/Federal High Court to try this charge”?; Or as “My Lord, Judge of the High Court/Federal High Court since elevated to the Court of Appeal, but donated to the High Court/Federal

“....WHETHER A JUDGE, HAVING BEEN ELEVATED TO THE COURT OF APPEAL, CAN STILL SIT TO TRY CASES AT THE HIGH COURT OR FEDERAL HIGH COURT, RELYING ON SECTION 396(7) OF THE ACJA. OUR HUMBLE ANSWER, IS IN THE NEGATIVE”

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04.12.2018

‘Money is too Central to Nigeria’s Electoral Process’ In 1999, he left a glowing career, as a Senior Lecturer at the University of Lagos Law Faculty, to become the Lagos State Commissioner for Transportation, and later, Environment, during Senator Bola Ahmed Tinubu’s tenure as Governor. Dr. Muiz Banire, SAN, after leaving office, completed his LL.D degree at the University of Lagos, delved into active legal practice, and in 2015, was elevated to the Inner Bar as a Senior Advocate of Nigeria, through litigation.The former National Legal Adviser of the ruling APC, and now, Chairman of the Assets Management Corporation of Nigeria (AMCON), told Onikepo Braithwaite and Jude Igbanoi in an engaging conversation, about his initiative, United Action for Change, a non-partisan apolitical group, why he would not seek elective office, and unveiled some of his plans to strengthen AMCON, and ensure it plays its statutory role

P

resently, Lagos State is seeking to amend the 2012 Civil Procedure Rules. There have been disagreements about it, on various levels. Some Lawyers say that the Bar was not consulted on the areas of amendment, they have not even seen the amendments, and condemn the issue of N100,000/ N50,000 cost for asking for adjournment after a matter/ application has been set down for hearing. On the other hand, other Lawyers see this punitive measure, as a welcome development that will oil the wheels of justice, weeding out a lot of delay tactics and unseriousness. Have you seen the new rules? What is your opinion of the amendments, especially this issue of cost? I have not seen the entire proposed rules, but I have an idea on what is contained therein, through the highlight presentation at the Stakeholder’s Meeting during the celebration of the Legal Year; and I believe that most of the recommendations are not only commendable, but essential for the speedy and efficient dispensation of justice. I am in full support of the N100,000/ N50,000 penalty to be applied in cases of frivolous applications for adjournment, and even of the view that, the said penalties be made minimum. I must say that, it is not novel as it falls within the inherent powers of the Court. For some of the Practitioners conversant with a particular court at the Federal High Court, Lagos Division, we know minimum cost ranges from N200,000.00 upwards. No Practitioner plays around with that Court. It is also important to note that, these fines are self-incurred arising from tardiness of counsel or parties. It is not ordinarily imposed by the Court. You trigger it by your own inefficiency, negatively impacting the smooth administration of justice. Should you consider the cost incurred by the other Party and the courts in the process of the frivolous adjournments, then you will agree with the crucial need for the introduction. Imagine a lawyer coming from a place like Sokoto, Borno or even the Eastern part of the Country, and arriving into the hands of a tardy party, who bears the cost, apart from the trauma and risk? I have experienced same in not less than two or three occasions that I left London for Lagos for a trial, just for the other party to just say, we are not ready. Do you know the cost of the ticket, inconvenience, risk, trauma or torture experienced in such circumstances? In the sprit of self-preservation, I will urge my colleagues to embrace the proposed amendments, so as to engender confidence in the litigants. We must remember that, we have no other profession than this, and we must strive to preserve it. The further implication of not adopting the proposed amendments early, is the insecurity it is capable of creating. When prospective litigants lose confidence in the administration of justice, rooted in the rule of law, due largely to delay, the law of the jungle sets in and anarchy reigns. To forestall this, we need to certainly raise the Bar, which is what essentially the proposed amendments seek to achieve. As per the issue of consultation with the Bar, I am not privy to the relations between the Branches and the Judiciary leadership. I think, in all, we Lawyers need to start taking ourselves seriously. Unexpectedly, your nomination as Chairman

of Assets Management Corporation of Nigeria (AMCON), came with opposition from some Senators. Having served your Party, the APC meritoriously as National Legal Adviser, many

“I AM IN FULL SUPPORT OF THE N100,000/N50,000 PENALTY, TO BE APPLIED IN CASES OF FRIVOLOUS APPLICATIONS FOR ADJOURNMENT, AND EVEN OF THE VIEW THAT THE SAID PENALTIES BE MADE MINIMUM”

saw this as unfair. How was this resolved? Did the leadership of the Party eventually approve of your nomination? Well, I am not aware of any intervention by the leadership of the Party. Those opposed then, are not even leadership of the Party. Rather, the Presidency is to be applauded for standing by the truth, and the Senate, for their uncompromising stand on the issue. The issue is, as I said in my press release then, the position does not attract indigeneship factor. It is an office, capable of being occupied by any qualified Nigerian. So, the objection from the supposed representatives of the people of Lagos State, is misconceived. However, thank God that the matter has been resolved wisely, by the Senate. Many party members have accused your party, the APC, as lacking internal democracy, and this plagued most of its primaries across the States. Is there any truth to this accusation?

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Furthermore, this issue of lack of internal democracy is probably not exclusive to the APC alone, but from the last round of primaries, it seems more pronounced in APC. How can we stop this negative trend that is destroying Nigerian politics and governance? To a large extent, I share the observation that our Party is still struggling with the issue of internal democracy, but with the caveat that during my tenure as National Legal Adviser, we made some progress in entrenching the principles of internal democracy within the Party. Recent developments, however, are quite disturbing, but the good news is that, a number of issues arising from the exercise are currently before the courts. I am optimistic that the courts’ decisions, will further help in enhancing the principles of internal democracy in the Party. The truth is that, without internal democracy within political parties, there cannot, seriously speaking, be democracy in the general polity. Let me also register my excitement and concurrence, with the President’s position on access to court by the aggrieved aspirants. Clearly, this is a path to sanity. This is the noble path of addressing grievances. The alternative is anarchy, that will involve violent resolution of disputes. Remember, during my tenure as the National Legal Adviser of the Party, I was unrepentant on this issue, particularly to the consternation of the overlords in the Party. I am quite glad about the Fourth Alteration to the Constitution of Nigeria, that has now brought time limit to pre- election matters. The Court will remain the watchdog, in the enthronement of internal democracy in the various political parties. I, personally, always encourage aggrieved aspirants to approach the courts, rather than resort to any other illegal means. How would you assess the state of the APC after your exit as National Legal Adviser? And also with the new Chairman, many are saying the party is in disarray. What is your opinion? I cannot but agree that, APC is currently challenged by so many crises that I predicted would occur. The attempt at resolving them, appears too late, as most of what is being done now should have happened much earlier. I must say that, this is not the time to start issuing threats, adopting gunboat diplomacy, but engaging in genuine reconciliation. For seasoned politicians, a vote is crucial, no matter who the caster is, and must be protected by all means. We cannot afford to be expelling members now. It is somewhat surprising that you haven’t aspired for a political office, after your tour of duty at Alausa as Commissioner for three terms. Some expected you either at the Senate or to run for Governorship. Why did you abandon the trenches? Or are you simply bidding your time? The most important thing to note is that, different people have different ambitions in life, and the occupation of elective office, is not one of my ambitions. I have a profession which I cherish, and am unwilling to brush aside for any other thing. Even, assuming that I am interested in a political office, it is not in the kind of atmosphere we are. Campaigns and elections, are not based on issues and ideology yet. The use of money, still plays a central role in our electoral process. Unfortunately I do not have such money and even If I do, I am not ready to dissipate my hard-earned money in that way. For now, I am more interested in supervision and monitoring of the electoral process through my platform, United Action for Change (UAC). We want to create a new culture in our polity, by empowering the youths with the necessary capacity and educating the voters on the value of their votes. Secondly, again, in as much as I do not discount experience

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“I MUST SAY THAT THIS IS NOT THE TIME TO START ISSUING THREATS, ADOPTING GUNBOAT DIPLOMACY, BUT ENGAGING IN GENUINE RECONCILIATION. FOR SEASONED POLITICIANS, A VOTE IS CRUCIAL, NO MATTER WHO THE CASTER IS, AND MUST BE PROTECTED BY ALL MEANS. WE CANNOT AFFORD TO BE EXPELLING MEMBERS NOW”

in any matter, I believe that we must discourage the scourge of being professional politicking. People must be encouraged, to have alternative contact addresses. The attitude of dying in office must be discouraged. We have so many people now, that cannot survive without politics or political office. These are the desperados, in the system. We need to purge them soonest. They largely lack integrity, and are ready and willing to fall for anything, in the name of securing or sustaining political office. My current interest in politics, is that of scrutiny and holding office holders to account. You have always been identified as the arrowhead of the Mushin political turf, which has always been associated with violence. During every major election, Mushin witnesses bloodshed and all sorts of crime. As a home boy from that constituency, what can you do to ensure that this narrative changes? To a large extent, that narrative substantially changed when we were in government, and we did this by creating so many jobs for these young people who would otherwise have been occupied with political hooliganism. During my sojourn in Government and out of office, I have been able to empower a large number of them. I must confess, however, that recently there has been retrogression, as the shepherds in charge seem not to appreciate the progressivism required. I believe the keys to the challenges are education, enlightenment and empowerment. There are sufficient numbers of good people in that Local Government, and all that is required, is good leadership. We must empower and occupy these young people, with meaningful and rewarding tasks. Youths must be, constantly and meaningfully engaged. That is where the concept of full employment, comes in. It does not matter, if it is only to make them dig the ground and fill it back, and repeatedly engage in the process. They must be engaged and paid well. It is an idle mind, that is the devil’s workshop. Continuous reorientation of the restless youths, is another prognosis. As a Lagosian, are you concerned that apart from Governor Fashola, Lagos has been ruled by non-Lagosians since 1999, and it seems almost like a policy of your Party, to field only non-Lagosians as the Governor of your State? Some members of your Party believe that,

unlike all the other Nigerian States who have only indigenes as Governor, Lagos is different because it is cosmopolitan and so, anyone can be Governor here, and that what is important, is good governance. Do you agree? I am very concerned with the trend as a Lagos State indigene, but the reality is that, most Lagos indigenes seem not to be too interested in politics or seeking political office, but I can say without fear of contradiction that, we have a large number of Lagos indigenes who are competent and capable of dealing with the issues concerning Lagos State in a very passionate manner, and I hope and strongly believe that, with the recent trend of events, Lagos indigenes will become more interested in Lagos State politics. That being said, we cannot discount the fact that, Lagos is a cosmopolitan State, and we, as indigenes, are very accommodating. My advocacy however, is that whoever seeks to join us as a Lagosian, should regard himself fully as a Lagosian, and do away with any other State affiliation, so that they can be fully committed to Lagos State. Presently, Nigeria is said to be laden with a lot of toxic assets, and the perception is that this is one of AMCON’s biggest challenges. How do you intend to surmount these challenges? This is largely true. However, the truth is that, a lot of work has been done by the current management team to surmount these issues. We however, need to be proactive and give a holistic consideration to the challenges. For example, we might have to review the processes underpinning the maturity of these loans, into toxic ones. That is the source, the weaknesses inherent in the procedures. Beyond this, engagement of much more experienced Lawyers in the recovery process, which will enhance the delivery of the Judiciary. The Act equally needs revisiting, by adopting other orthodox and lawful recovery mechanisms. There are so many ways, to skin a cat. Effective and efficient management of recovered assets, towards the overall improvement of the economy, will continue to be strengthened, as I pilot the affairs of the Corporation. This is essential, as recovery of loans should not jeopardise the entire economy, by worsening the unemployment problem confronting the nation. There must be a careful and efficient management of the assets. Report has it that, 80% of Nigeria’s debts are in the hands of a few, and AMCON appears helpless in recovering these debts from powerful individuals. What, in your view, makes it so easy for these persons to circumvent the system and get away with it? That perspective does not completely reflect the current state of affairs, as there are no more sacred cows. It is however, true, that few people owe a substantial portion of the loan. The position of the entire management team now is that, whatever needs to be done will be done. Impunity is constantly resisted, in the recovery of the loans. All efforts are on towards ensuring recovery, via all lawful means. The message we are sending out is that, if you acquire facilities, you must ensure that you pay them off, no matter who you are. Before your foray into politics, you had a glowing career as a Lecturer at the University of Lagos Law Faculty. Some expected that you would go back to the academia, after you completed your tenure as a Commissioner. But, instead, you delved into full time legal practice. What informed your choice at that point? Is there any likelihood that you will return to teaching law? I still have every intention of teaching law. My CONTINUED ON PAGE 10

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‘MONEY IS TOO CENTRAL TO NIGERIA’S ELECTORAL PROCESS’

CONTINUED FROM PAGE 9

Chief of Army Staff, Tukur Buratai

“EFFECTIVE AND EFFICIENT MANAGEMENT OF RECOVERED ASSETS TOWARDS THE OVERALL IMPROVEMENT OF THE ECONOMY, WILL CONTINUE TO BE STRENGTHENED, AS I PILOT THE AFFAIRS OF THE CORPORATION”

conviction however, is that with the number of research work that I have done, I deserve a professorial chair directly, rather than an associate status. Although, I have received the offer from a University, but not that of my choice. I probably will soon engage my University of choice again, to see the possibility of a consensus. The truth is that, the time is overripe for our Universities to start pursuing Academics who have acquired tremendous experience in town, for engagement in the University. The experience in most cases, is priceless. In other jurisdictions, such people are much sought after. The academic background, coupled with the pragmatic experience they have acquired over time, greatly compliments the training they give to the students. What is your view on Restructuring

and State Police? I believe in restructuring and State Police. However, there still seems to be controversy, as to the content of the restructuring. From the exposition so far, you will discover that it connotes different meanings to different people. Consequently, it is an issue that needs continuous interrogation, by way of aggregating opinions on it. An aspect that I however, believe must be addressed urgently, is that which relates to quota and federal character. It does not promote nationalism in us. That is, most of us see ourselves first and foremost from the State we originate from, before being a Nigerian. Competence and merit, must start ruling us as a matter of urgency. The United Action For Change, which you started, has assumed a life of its own within a few years. What was the motivation behind starting the forum? Where do you expect to take it, especially now that you are back in government? I am not “back in Government.” I am simply serving as part-time Chairman of AMCON. UAC was established to complement Government, by giving people a voice outside of Government. Our membership is filled with individuals who are not only cerebral, but are passionate about the progress of the nation. We are a strictly non-partisan and apolitical group. Every year, we train not less than 200 young people on leadership courses. We house, treat and feed these young individuals, with the hope that we are churning out future leaders who will improve our nation. We also provide pro-bono litigation, we engage in legislation advocacy, roundtables and townhall meetings, with the ultimate ambition to put the country on a path to growth. It is my honest expectation that, we need such platforms as UAC, to meaningfully drive development into the future. I hope to build it into an organisation that Nigerians will be proud of, considering its contributions to the development of the nation.

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Trial of Sex-For-Marks Professor: Which Venue?

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fine and imprisonment”

Introduction

his is a guarded intervention, in the on-going trial of Professor Richard Akindele, formerly of the Obafemi Awolowo University, Ife, for allegedly demanding sex from one of his students in return for improving her grades. It is guarded, because of the well-known judicial policy against discussing matters which are pending in court. Hopefully, the piece will be excused, on the ground that it does not venture into the merits of the charges, but merely wonders whether the National Industrial Court - and not the Federal High Court – is the appropriate forum for ventilating the charges. In other words, which of the two courts possesses the requisite jurisdiction to try the Professor? Jurisdiction This is the authority which a court has to decide matters that are litigated before it, or to take cognisance of matters presented in a formal way for its decision. One of the three markers for determining its presence in any judicial proceedings, is that there must be no feature in the subject-matter of those proceedings, which prevents the court from exercising jurisdiction: MADUKOLU v NKEMDILIM (1962) All NLR pg. 587. A court derives its jurisdiction from the Constitution, statute or charter which establishes it. In other words, the jurisdiction of a court is entirely statutory: UMANNAH v ATTAH (2007) All FWLR pt. 346 pg. 402. The claim or charge(s) filed before a court, also determine its jurisdiction. Accordingly, they are the only processes that are relevant in resolving the question: INAKOKU v ADELEKE (2007) All FWLR pt. 353 pg. 1 @ 87. That being the case, the next question is “What are the charges arrayed before the Professor?” The Charges They are four in all, and they read thus: - “That on the 16th day of September, 2017 or thereabouts, you corruptly asked for sexual benefits for yourself from one Monica Osagie for a favour that would be thereafter shown to her by upgrading her academic record from fail to pass, thereby committing an offence contrary to and punishable under Section 8(1)(a)&(2) of the Corrupt Practices and other Related Offences Commission Act 2000”; - “That you solicited for sexual benefits from the victim on the 16th of September, 2017 or thereabout, for a favour to be given to you, which act is contrary to and punishable under Section 18(b) of the ICPC Act”; - “That you deliberately concealed evidence with the intent to remove parts of the conversation between you and the victim, contrary to Section 15(1)&(2) of

Professor Richard Akindele

the ICPC Act”; - “That you falsified your age by saying under interrogation that you were born on April 19, 1961 while in your personal file retrieved from the Obafemi Awolowo University, you claimed you were born on April 18, 1959, an act contrary to and punishable under Section 25 of the ICPC Act 2000”. The ICPC Act The relevant provisions of the Corrupt Practices and Other Related Offences Act 2000 under which the charges were laid are as follows: 8(1)(a): “Any person who corruptly asks for, receives or obtains any property or benefit of any kind for himself or for any other person in the discharge of his official duties is guilty of an offence of official corruption and is liable to imprisonment for seven (7) years”; 8(2): “In any proceedings for an offence under this section, if it is proved that any property or benefit of any kind, or any promise thereby, was received by a public officer, the property, benefit or promise shall, unless the contrary be proved, be presumed to have been received corruptly on account of such a past or future act, omission, favour or disfavour as is mentioned in subsection (1)(a) or (b)”; 18(b): “Any person who offers to any

“THE MAIN CHARGE AGAINST PROF. AKINDELE, IS SEXUALLY HARASSING ONE OF HIS FEMALE STUDENTS AT THE OBAFEMI AWOLOWO UNIVERSITY, WHERE HE WAS EMPLOYED AT ALL MATERIAL TIMES. DEMANDING SEXUAL FAVOURS IN EXCHANGE FOR BETTER GRADES, IS PLAINLY SEXUAL HARASSMENT. THESE FACTS CLEARLY BRING THE CASE WITHIN THE EXCLUSIVE PURVIEW OF THE NATIONAL INDUSTRIAL COURT....”

public officer, or being a public officer, solicits, counsels or accepts any gratification as an inducement or a reward for performing or abstaining from performing or aiding in procuring, expediting, delaying, hindering or preventing the performance of any official act, shall, notwithstanding that the officer did not have the power, right or opportunity so to do, or that the inducement or reward was not in the relation to the affairs of an offence and shall on conviction, be liable to five (5) years imprisonment with hard labour”; 15(a)&(b): “Any person who, with intent to defraud or conceal a crime or frustrate the commission in its investigation of any suspected crime of corruption under this Act or under any other law destroys, alters mutilates or falsifies any book, document, valuable security account, computer system diskette, computer printout or other electronic device which belongs to or is in possession of his employer, or has been received by him on account of his employment or any such act or (b) makes or is privy to making any false entry in any such book, document, account or electronic record, is guilty of a felony, and shall on conviction be liable to seven (7) years imprisonment”. 25(1): Any person who makes or causes any other person to make to an officer of the Commission or to any other public officer, in the course of the exercise by such public officer of the duties of his office, any statement, which to the knowledge of the person making the statement or causing the statement to be made: (a) Is false or intended to mislead or is untrue in any material particular, or (b) Is not consistent with any other statement previously made by such person to any other person having authority or power under any law to receive or require to be made such other statement notwithstanding that the person making the statement is not under any legal or other obligations to tell the truth, shall be guilty of an offence and shall on conviction be liable to imprisonment for a term not exceeding two (2) years or to both such

Why the Federal High Court? As previously noted, the trial is being undertaken by the Federal High Court, Osogbo. While the jurisdiction of this court is spelt out in Section 251(1) of the 1999 Constitution, nothing in those provisions remotely approximates to any of the four charges for which that court is being asked to convict Prof. Akindele. The closest provision thereof which may arguably (albeit tenuously) possess that character is Section 251(1)(q), which, read along with Section 251(3), confers jurisdiction on the Federal High Court in criminal causes and matters arising out of the administration or management and control of the Federal Government or any of its agencies. The Obafemi Awolowo University, (of which Prof. Akindele was, at all material times, an employee), is undisputedly an agency of the Federal Government, as it is wholly owned, managed and controlled by the Federal Government. This is not all, however, as Section 61(3) of the ICPC Act, 2000 itself, empowers the Chief Judge of a State or the Federal Capital Territory, Abuja to designate a court or Judge of that court to try all cases of bribery, corruption, or other related offences arising under the Act. It excludes the Federal High Court, albeit by implication. So, why is Prof. Akindele charged before the Federal High Court? That is the question. For reasons which I shall presently outline, I believe that neither the High Court nor the FHC, but rather, the National Industrial Court, is the proper forum for trying the subject charges. The National Industrial Court By virtue of Section 254C(1)(g)&(5) of the Constitution, the National Industrial Court (NIC) possesses exclusive jurisdiction in criminal causes “relating to or connected with any dispute arising from discrimination or sexual harassment at a workplace”. The main charge against Prof. Akindele is sexually harassing one of his female students at the Obafemi Awolowo University, where he was employed at all material times. Demanding sexual favours in exchange for better grades, is plainly sexual harassment. These facts clearly bring the case within the exclusive purview of the National Industrial Court, as provided by Section 254C(1)(g)&(5) of the Constitution. By virtue of this provision, the NIC is the proper court to try the case, and this is so, “notwithstanding the provisions of Section 251, 257, 272 and anything contained in (the) Constitution”. Conclusion Section 22(2) of the Federal High Court Act empowers a Judge of the Federal High Court to transfer a case wrongly brought in that court, to the appropriate State High Court. The provision is silent on the National Industrial Court, presumably because that court was created after the Federal High Court Act was enacted. Yet another lacuna in the law is Section 254F(2) of the Constitution which provides that “for the purpose of exercising (the) criminal jurisdiction (of the National Industrial Court) the provisions of the Criminal Code, Penal Code, Criminal Procedure Code or Evidence Act shall apply”. Does this exclude the Corrupt Practices and other Related Offences Act 2000 under which Prof. Akindele has been charged? The expressio unius est exclusio alterius rule of interpretation, suggests that it does. But, then again, the Constitution is in issue here, and it is required to be interpreted liberally . . .

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04.12.2018

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PUIFS QSPGFTTJPOT -BXZFST BSF QBDFTFUUFST UIFSFGPSF ZPV BMM NVTU MFBSO UP TFU UIF QBDF GPS PUIFST UP GPMMPX *O B TQFFDI EFMJWFSFE CZ 8JMMJBN )PXBSE 5BGU JO IF TUBUFE UIBU “Lawyers are necessary in a community. Some of you...take a different view; but as I am a member of that legal profession, or was at one time, and have only lost standing in it to become a politician, I still retain the pride of the profession. And I still insist that it is the law and the Lawyer that make popular government under a written constitution and written statutes possible”.

“THIS YEAR’S CALL TO BAR IS SO UNIQUE, AS FOR THE FIRST TIME IN THE HISTORY OF OUR NATION, 161 STUDENTS OF THE NIGERIAN LAW SCHOOL GRADUATED WITH A FIRST CLASS DEGREE”

CONTINUED ON PAGE 13

04.12.2018 2018 CALL TO BAR ADDRESS

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To this extent, I charge you all to be conversant with the provisions of the Rules, in order to avoid practices that go foul to the Rules. Where a complaint is made against your conduct in your capacity as a legal practitioner, the alleged offence would be put side by side the provisions of the Rules of Professional Conduct (RPC), to see if there is a prima facie case against you. Once it has been established as such, you will have to face the Legal Practitioners Disciplinary Committee, which will sanction you accordingly. Practice as a Young Lawyer It is sometimes challenging for beginners in the legal profession, particularly in the area of private legal practice. The challenges notwithstanding, like I earlier stated, there is need for young Lawyers to seek pupilage, particularly at the early stage of practice. The beauty of the legal profession is that, there are many parts that a Lawyer could conveniently fit in. The services of Lawyers are needed in virtually every field of human endeavour, be it private practice, working with the government or the corporate world. For those desirous of engaging in private practice, my advice to you is never be in a rush into establishing your own firm, even if you eventually intend to become a sole practitioner. There are experienced colleagues at the Bar, who will be more than willing to help you through difficult times in your early days. I urge each one of you to get a mentor, a task which, may probably be not so easily accomplished today, as it was when I was called to the Bar 45 years ago. Caution and wisdom must be applied, to ensure that you do not fall into the wrong hands so as not to be taken advantage of. I urge senior colleagues, to always keep their arms wide open to receive the younger ones desirous of learning from them. The Young Lawyers Forum was created by the Nigerian Bar Association to help look into the welfare of Young Lawyers practicing in Nigeria, and address the issues concerning their welfare and professional growth. This is a good initiative; however, it must be pointed out that the plight of young Lawyers, particularly in terms of welfare and remuneration, has become a matter of serious concern. This is something that is worth looking into, by the leadership of the Nigerian Bar Association. While I urge the NBA to do the needful, like I earlier pointed out, young Lawyers must imbibe discipline and always avoid the get-rich-quick syndrome. It is expected that new wigs demonstrate the highest level of professional ethics and decorum wherever you find yourself, and steadfastly preserve the honour and dignity of our profession. Like I told your colleagues that were called to the Bar in July this year, do not form the habit of bending the truth, or

New Wig, Ibilola Akinnola with her Parents, Mr Akinyinka Akinnola and Mrs Ibiwunmi Akinnola

watering it down to sound logical, with the aim of pleasing your listeners. Learn to speak the truth no matter how bitter it may sound, for it is better for an offence to come out of truth, than for concealing the truth which could lead to an offence. It is important to note that, sometimes being honest could make you miserable, but will set you free at the end, therefore proclaim the truth and do not be silent through fear. Remember also that, being honest or being a person of integrity may not get you a lot of friends, but it will certainly get you the right friends you need in the course of your life’s journey. I am sure that when you put these words into practice, you will enjoy the best form of legal practice or career you desire. As a Lawyer, you must not engage in advertisement, touting and publicity. The Rules of Professional Conduct for legal practitioners are explicit on these issues. You are not to engage in soliciting professional employment by circulars, advertisements, through touts or by personal communications or interviews. This does not stop you, from using complimentary cards. It is unethical for Lawyers to be addressing the media when fully robed, particularly after Court sittings. It is also unethical for Lawyers to be discussing and arriving at conclusions, for matters pending before the Court. These practices ought to be looked into by the Nigerian Bar Association. Likewise, the idea of charge and bail Lawyers is not accept-

New Wig, Ivie Erediauwa and her Parents, Prince Aghatise Erediauwa and Mrs Abi Erediauwa

New Wig, Inaingo Dambo with her Parents, Mr Biriyai Dambo, SAN and Mrs Abiodun Dambo

able, and amounts to unethical conduct on the part of the Lawyer. Nigerian Bar Association The Nigerian Bar Association (NBA), is the umbrella body for all Legal Practitioners in Nigeria. As the name indicates, it is an Association of Lawyers duly called to the Nigerian Bar by the Body of Benchers. The Association plays the key role of unifying Lawyers in Nigeria, and also provides an avenue for Lawyers to speak with one voice on a variety of matters affecting the wellbeing and advancement of the profession, in particular and the nation as a whole. I therefore encourage you, to register with any Branch of the Association, which is closer to your town or city of practice, that will serve as your local Branch. Take advantage of the professional development programmes organised by the NBA and other accredited bodies, in order to be abreast with the current trends within and outside the profession. While asking you to join me in congratulating and welcoming the newly elected President of the Bar Mr. Paul Usoro, SAN, and wish him utmost success, I want to also urge you to take advantage of your membership of the Nigerian Bar Association, so that you may contribute in the sustenance of a reliable and vibrant Bar Association that will continue to contribute to the growth of the legal profession and the nation at

New Wig, Ebunoluwa Uthman, with her Father, Chief Kunle Uthman, Member, Lagos State Judicial Service Commission

“IT IS IMPORTANT TO NOTE THAT, SOMETIMES BEING HONEST COULD MAKE YOU MISERABLE, BUT WILL SET YOU FREE AT THE END, THEREFORE PROCLAIM THE TRUTH, AND DO NOT BE SILENT THROUGH FEAR” large. Conclusion In conclusion, always remember how hard you have worked to get to where you are today. Remember the sacrifices your parents and guardians, and in some cases, friends made to help you reach this defining moment. Therefore, strive to justify that those sacrifices were not in vain. Remember, every Lawyer is a potential leader, therefore learn to read widely, as the saying goes; ‘a good leader is a good reader’. Learn to discipline yourself, respect your seniors within the profession, and have due regard for your subordinates and other juniors. Once again, I formally welcome you all to the Bar, and from this day forward, I shall address you as my learned friends. Let your light shine to the entire world, so that the world will see the brighter side of life through your words and actions. It is my sincere prayer that God Almighty in his infinite mercies will grant you the acumen and understanding to comprehend all things, in order to succeed. Chairman’s Charge to New Legal Practitioners In line with the time honoured tradition, I hereby close with the Chairman’s charge to our newly called Legal Practitioners. “YOU MAY NOW GO FORTH IN YOUR NEW WIGS FROM THIS DAY FORWARD, TO SERVE NIGERIA AND SERVE HUMANITY IN JUSTICE, WITHOUT FEAR OR FAVOUR, AFFECTION OR ILL WILL.” Thank you all for listening. May the Almighty God, grant you safe journey back to your respective homes.

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04.12.2018

A Blanket Ban on Imposition of Fines by Regulatory Agencies? Case Review NOSDRA v MOBIL PRODUCING (NIG.) UNLTD (2018) 13 NWLR (PART 1636), 334.

T Background

he Appellant pursuant to Section 6(2) and (3) of the NATIONAL OIL SPILL DETECTION AND RESPONSE AGENCY ACT, 2006 (NOSDRA Act) made a written demand dated 22/12/2014 to the Respondent, pertaining to alleged breaches by the Respondent of the provisions of NOSDRA Act, 2006. The Appellant demanded that the Respondent pay a fine of Ten Million Naira, being penalty for breach of the provisions of the NOSDRA Act. A follow up reminder dated 13/07/2015 was served on the Respondent by the Appellant, yet the Respondent refused to comply with the demand notices. Section 6(2) & (3) of the NOSDRA Act, 2006 provides thus: ‘An oil spiller is by this Act to report an oil spill to the Agency in writing not later than 24 hours after the occurrence of an oil spill, in default of which the failure to report shall attract a penalty in the sum of five hundred thousand Naira (N500,000.00) for each day of failure to report the occurrence.’ And Section 6(3) provides that ‘The failure to clean up the impacted site, to all practical extent including remediation, shall attract a further fine of one million Naira.’ Determined to enforce its statutory powers, the Appellant commenced an action vide Suit No. FHC/L/CS/1623/2016 against the Respondent at the Federal High Court, Calabar Division claiming inter alia the sum of N10,000,000.00 as penalty fees for the alleged contravention of the NOSDRA Act and its regulations. The Respondent filed an objection to the hearing of the suit, contending that the suit of the Appellant was incompetent and thus, failed to invoke the jurisdiction of the court as the demand by the Appellant for the Respondent to pay the fine of N10million constitutes an encroachment on the powers of the court by virtue of Section 6 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). In its considered ruling delivered on 16/05/2017, His Lordship, I. L. Ojukwu upheld the objection of the Respondent, declined jurisdiction and struck out the suit of the Appellant. Dissatisfied, the Appellant filed an appeal at the Court of Appeal. Court of Appeal Arguments At the Court of Appeal, the Appellant citing the case of Moses Ediru v FRSC & 2 ORS (2016) 4 NWLR (Pt. 1502) 209 etc. argued that its enabling statute empowers her to initiate a law suit against the Respondent, to enforce the provisions of NOSDRA Act. The Respondent, on the hand contended that, the NOSDRA Act, did not confer on the Appellant, powers to impose punitive fine on the Respondent, arguing that Section 6 of the 1999 Constitution as amended, vested the powers to impose fines on the courts as enumerated in the Constitution. Dismissing the appeal, the Court of Appeal, Calabar Division, affirmed the decision of the learned trial court. Delivering the lead judgement, Hon. Justice Nwosu-Iheme, JCA at page 340 held thus; ‘Granted that demand was made for a sum of money defined as penalty for infraction of the regulation. This finding was made, without giving the Respondent an opportunity to be heard. By so doing, the Appellant constituted itself into a court with judicial or quasi- judicial powers, when in fact, the law creating it did not donate such jurisdiction to it. On the facts and circumstances of this case, I am of the firm but humble view that, the imposition of penalties by the Appellant was ultra vires its powers, especially where no platform was established to observe the principles of natural justice. Penalties or fines are imposed as punishment for an offence or violation of the law. The power, as well as competence to come to that finding belong to the courts, and the Appellant is not clothed with the power to properly exercise that function in view of the law creating the Appellant (NOSDRA). There is therefore, a lacuna in that law creating the Appellant. The decision of the Court of Appeal, elicited a myriad of reactions from stakeholders in the legal sector, rekindling the controversy whether regulatory agencies such as the CBN, FRSC, the National Pension Commission etc. are by the decision in the NOSDRA case, under a blanket ban from exercising its authority to impose fines for perceived infractions. Review

Dr Soni Ajala, does a review of the Court of Appeal decision in National Oil Spill Detection and Response Agency v Mobil Producing (Nig.) Unlimited, discussing the question as to whether regulatory agencies like the CBN and the FRSC are by the decision in this case, under a blanket ban from exercising their authority to impose fines for perceived infractions. He answers the question in the negative, concluding that, cases are adjudicated upon their peculiar facts and circumstances

A careful examination of the provisions of Section 6(2) & (3) of the NOSDRA Act will swiftly provide an answer to the contrary; i.e. the decision in the NOSDRA case, cannot be a blanket ban on other agencies with robust legislative framework. The Court of Appeal alluded to the paucity of the provisions of the NOSDRA Act in the following words; ‘...on the facts and circumstances of this case, I am of the firm but humble view that, the imposition of penalties by the Appellant, was ultra vires its powers’. This conclusion, in my opinion, provides an illuminating insight that the decision of the Court of Appeal in the NOSDRA case, is restricted and in no way constitutes ban on other agencies with robust legislative framework. This position is anchored on the wordings of Section 6(2) & (3) of NOSDRA Act, which failed to avail an alleged defaulter an opportunity to be heard before the imposition of the fine of N500,000.00 per day. Secondly, it is the humble suggestion of this review that, the NOSDRA Act is destitute of opportunity for an alleged defaulter to explain why it failed to clean up alleged oil spillage before the fine of N10million crystallises. It is not difficult to agree with the decision of the learned jurists that, NOSDRA by making the demand to MOBIL to pay the sum of N10million as penalty for infraction of its regulation, NOSDRA constituted itself into a court with judicial or quasi-judicial powers, when in fact the NOSDRA

“.....THE DECISION IN THE NOSDRA CASE CANNOT BE A BLANKET BAN ON IMPOSITION OF FINES AND PENALTIES BY REGULATORY AGENCIES IN NIGERIA, AS CASES ARE ADJUDICATED UPON THEIR PECULIAR FACTS AND CIRCUMSTANCES”

Act is bereft of such powers. It is trite that, a person ought not to be the complainant and the judge in its own cause. The crux of the NOSDRA decision is that, attempt to impose penalty by NOSDRA or such similar agencies without clear provisions in their enabling statute guaranteeing fair hearing, will be adjudged to be in violation of Sections 1 and 6 of the 1999 Constitution as amended. A perusal of the NOSDRA Act, clearly points to an inevitable conclusion that, the Act is an inelegantly drafted piece of legislation that failed to clothe NOSDRA with power to impose fines upon breach of its regulations. Thus, there is a lacuna in the NOSDRA Act, with regard to imposition of fines. It should be noted that, the enabling statutes of some agencies in Nigeria, sufficiently provided for imposition of fines and opportunity to defaulters to be heard. Such agencies are the CBN, the FRSC and PENCOM. A quick illustration of the salient provisions of PENCOM Act, 2014 which is a contemporary agency such as NOSDRA, will be helpful. Section 24 of the PENCOM Act, imbues the agency with the powers to charge and collect fees, levies or penalties, as may be necessary for the provision of services under its Act; impose administrative or civil sanctions or fines on erring employers or Pension Fund Administrators or Pension Fund Custodians. Section 64 satisfies the principle of fair hearing, as it enjoins PENCOM to issue/serve seven days notice in writing to defaulters, before revoking any licence given to a Pension Fund Administrator or Pension Fund Custodian. Section 99 is a mark of legislative alertness that provides for certainty of monetary sanction upon conviction, to a fine of not less than N250.000.00 or to a term of not less than one year imprisonment or both. Section 101 provides for sanctions upon breach of Section 70 to a fine of not less than N10million and each of its director or principal officers is liable to a fine of not less than N5million or to a term of not less than 5 years imprisonment or both. In contradistinction to the robust provisions of the PENCOM Act, the NOSDRA Act is seemingly hollow, and reflects failure of rigorous legislative mindset. Against the backdrop of the bullish PENCOM Act, it stands to reason that, a challenge in court of the powers of PENCOM to impose fines by a defaulter, will probably elicit a different outcome unlike NOSDRA. A ready reference to justify the stand of this review about PENCOM, is the decision of the Court of Appeal that validated the powers of Federal Road Safety Commission, and by extension, other regulatory agencies, to impose fines in the case of Moses Ediru vs FRSC (supra), where it was held inter alia, (i) By virtue of paragraph 114 of the National Road Traffic Regulations, preserved by Section 29(2) of the Federal Road Safety Commission Act, any member of the Federal Road Safety Commission is empowered to issue notice of offence to an alleged offender. (ii) ‘Statutory penalty is a penalty imposed for a statutory violation. (iii) ‘The fines which the law gives the Federal Road Safety Commission the nod to enforce as enshrined in Section 10(7)-(9) of the Federal Road Safety Commission Act and paragraph 113 of the National Road Traffic Regulations, do not derogate from the juridical powers of the courts. They are mutually exclusive, such that the Respondent’s power of enforcement, is not a usurpation of the judicial power of the court.’ (iv) ‘The notice of offence issued by the Federal Road Safety Commission, is a mere notice to bring matters to a person’s knowledge or attention. It is as its name implies, a mere notice.’ By the Moses Ediru’s case, it is the humble conclusion of this review that, the decision in the NOSDRA case cannot be a blanket ban on imposition of fines and penalties by regulatory agencies in Nigeria, as cases are adjudicated upon their peculiar facts and circumstances. Restating the primacy of facts as beacons in adjudication, the Supreme Court in the case of Interdrill (Nig.) Ltd. v UBA Plc. (2017) 13 NWLR (Pt. 1581) 52, held that, cases are only authorities for what they actually decided in the context of prevailing facts. Dr. Soni Ajala, Legal Practitioner, Abuja

04.12.2018

/15

IN BLACK AND WHITE ADERINSOLA FAGBURE

afagbure@yahoo.com

Doing Business in Nigeria: A Franchisee’s Outlook

F

Introduction ranchising is a form of business structure, which allows an owner of a copyright or trademark (the franchisor) to transfer his rights to another (the franchisee), thereby licensing and authorising the franchisee to use the franchisor’s business name, idea, goodwill, brand, logo, model and market strategy in doing business, in exchange for royalties. Franchising in whatever form, provides a less capital intensive and risky framework for business growth. Thus, the option of operating a franchise, could be explored by an entrepreneur who intends to penetrate and record extensive business expansion in a relatively new market. The Nigerian market remains attractive, particularly to foreign investors and this accounts for the interest shown by international brands such as Shoprite, KFC, Domino’s Pizza, Krispy Kreme, to name a few. Further, the increased level of economic growth, privatisation of public entities, guarantees and incentives for doing business, and the large population/ consumer market, amongst other factors, makes the Nigerian market attractive for doing business. However, it is a model that is not common to indigenous Nigerian brands, largely because many businesses in this clime are run without structures and processes. Forms of Franchising A franchisor could elect to adopt any of the three models of franchising viz: product distribution, business format or manufacturing franchise. In a product distribution model, the franchisee merely sells the product of the franchisor, and usually does so on an exclusive basis. The business format model adopts a more stringent structure, as the franchisor is greatly involved in the operations of the business, such that the intellectual rights of the franchisor are used by the franchisee in doing business and the franchisee enjoys direct tutoring from the experienced franchisor. A manufacturing franchise allows the franchisee to create and sell the same products as the franchisor. Irrespective of the form of franchising being contemplated, a number of legal and economic factors must be taken into consideration by both the franchisor and the franchisee

franchising allows a franchisee to use the trademark, idea, creation and strategy of the franchisor, a franchise agreement must be registered by NOTAP. The NOTAP Act also specifies the application and registration processes, including the effect of registration of the agreement. Upon registration, a certificate is issued. However, certain restrictions are placed on the type of technology that can be allowed into Nigeria.

and these are discussed in subsequent paragraphs. Legal Framework The legal framework of a franchising arrangement largely rests on trade secrets. The World Intellectual Property Organisation (WIPO) defines a trade secret as any confidential business information which provides an enterprise with a competitive edge. In more developed jurisdictions where franchising is commonly practiced, holistic legislations serve to regulate such transactions. In Nigeria, there is no legislation regulating the enforcement of trade secret protection in Nigeria. However, stemming from the basic principles of contract law, non-disclosure agreements may be utilised to enforce confidentiality between the parties involved in a franchise. Thus, the franchisor discloses material information about the franchise and responsibilities of both parties through a Franchise Disclosure Document (FDD). Where non-disclosure would result in misrepresentation or distortion of material information to the detriment of the franchisor, the contract would be void. Also, a franchisee or franchisor would be criminally liable, where there is a fraudulent misrepresentation in order to swindle or defraud the other party under The Advance Fee Fraud and Other Fraud Related Offences Act. Thereupon, the parties enter into a Franchising Agreement, a legal document which stipulates the modus operandi of the business, the rights, liabilities and obligations of the

“THE FACT THAT A NUMBER OF INDIGENOUS BRANDS SUCH AS, HOUSE OF TARA, STUDIO24, SLOT, TO NAME A FEW, OPERATE ESTABLISHED FRANCHISES, IS COMMENDABLE. THE POTENTIALS FOR BUSINESS EXPANSION THROUGH FRANCHISING, ARE LIMITLESS”

parties. Specifically, the commercial nature of franchising makes specific legislation relevant to the transaction, including The Companies and Allied Matters Act (CAMA), The National Office for Technology Acquisition and Promotion Act (NOTAP Act), The Trademark Act, The Copyrights Act, The Immigration Act, Patents and Designs Act and the Nigerian Investment Promotion Commission Act (NIPC Act). The Immigration Act This legislation mandates a foreign franchisor to obtain a business permit, before engaging in any business or trade in Nigeria. The business permit is obtainable on application to the Ministry of Internal Affairs. Through this business permit, a franchisee can have permanent authorisation for the local operation of businesses with foreign investments, either as branch/subsidiary of a foreign company or otherwise. Although, there are generally no restrictions preventing a foreign franchisor from entering into a franchise agreement with a local franchisee, the provisions of CAMA require a foreign franchisor company to be locally incorporated, before it can carry on its business in Nigeria. Also, a foreign franchisor is prevented from investing and participating in the operation of the sectors contained in the ‘negative list’ which are the production of arms and ammunitions; production of military and paramilitary wears; production and dealing in narcotic drugs and psychotropic substances. The NOTAP Act By this Act, the National Office for Technology Acquisition and Promotion (NOTAP), registers all contracts or agreements for the transfer of foreign technology to Nigeria, within 60 days of their execution. Particularly, Section 4(d) of the NOTAP Act empowers the NOTAP to register all contracts or agreements, the subject of which is partially or wholly connected with the use of trademarks and the right to use patented inventions. Since

Copyright Act Franchising is inextricably linked with intellectual property, hence the trademarks and patents of the franchisor are protected under Intellectual Property Law.Thus, where a person illegally utilises another company’s trademark without any agreement, an action for infringement of design or patent or passing off can be brought. The Copyright Act proscribes copyright infringement, and imposes criminal liability at the lawsuit of the exclusive owner of a patent. Also, by Section 25 of the Patent and Designs Act, an undertaking performed in relation to a patent or design without the permission of the patentee or design owner, is an infringement that carries criminal liability. The Miscellaneous Offence Act Equally relevant, is the Miscellaneous Offence Act, which prohibits the importation, sale or purchase of goods that are prohibited under Nigerian law. Thus, a franchising agreement will be criminal, if it deals with the commerce of goods that are banned in Nigeria. Dispute Resolution In the event of a dispute, parties may agree to settle, through alternative dispute resolution mechanisms in their franchise agreement. They may otherwise, commence a proceeding in the court, based on a proper application made by either party. Conclusion The fact that a number of indigenous brands such as, House of Tara, Studio24, Slot, to name a few, operate established franchises, is commendable. The potentials for business expansion through franchising, are limitless. There is no doubt that, franchisespecific regulations, will send a positive signal to the local and international business community, on the Nigerian government’s proactive stance towards ease of doing business. The collaborative efforts of all relevant stakeholders, are required to ensure that the Franchise Bill 2016 becomes law. It is noteworthy to state that, the said Bill, seeks to make NOTAP the primary regulator of the subject in Nigeria. One wonders whether NOTAP, as currently constituted, is well-equipped for the role of sole–regulator.

16/

(Culled from Social Media)

04.12.2018

THISDAYt TUESDAY DECEMBER 4, 2018

29

30

T U E S DAY Ëž DECEMBER 4, 2018

BUSINESS/MONEYGUIDE

At N260bn, Nigeria’s Non-oil Revenue Drops in October Obinna Chima Nigeria’s non-oil revenue, at N259.93 billion of total revenue in October, was below both the 2018 monthly budget estimate of N466.91 billion and the N354.38 billion received in September 2018 by 44.3 per cent and 26.7 per cent, respectively. The Central Bank of Nigeria (CBN) disclosed this in its 2018 economic report for October 2018. The report showed that the estimated federally-collected revenue (gross), at N682.06 billion, in October 2018 was below the 2018 monthly budget estimate of N1,107.12 billion and the N831.45 billion collected in the preceding month by 38.4 per cent and 18.0 per cent, respectively. The shortfall relative to the

monthly budget estimate was attributed to lower revenue from both oil and non-oil sources. It also showed that oil receipts, at N422.13 billion or 61.9 per cent of total revenue, was below the monthly budget estimate of N640.21 billion by 34.1 per cent. It was also a decline of 11.5 per cent below the preceding month’s receipt of N477.06 billion. The shortfall in oil revenue relative to the monthly budget estimate was attributed to the drop in the average price of crude oil and declining production arising from the shutdown pipelines. Of the total federally-collected revenue (net), N652.97 billion was retained in the Federation Account after statutory deductions. Out of this, the sums of N75.99 billion, N3.76 billion and N20.75

billion were transferred to the VAT Pool Account, the federal government independent revenue and ‘Others,’ respectively, leaving a balance of N552.47 billion to be distributed to the three tiers of government and 13 per cent derivation fund. Of this amount, in the month under review, the federal government received N263.35 billion, while the state and local governments got N133.58 billion and N102.98 billion, respectively. The balance of N52.56 billion was shared among the oil producing states as 13 per cent Derivation Fund. Similarly, from the N75.99 billion transferred to the VAT Pool Account, the Federal Government received N11.40 billion, while the state and local governments received N37.99 billion and N26.60 billion, respectively.

Banks Urged to Tighten Controls to Combat Fraud In order to address the incidence of electronic fraud in Nigeria’s banking sector, financial institutions have been advised to tighten their controls and risk management systems. H. Pierson Associates, a consulting firm with specialisation in risk management, advisory and talent management, gave the advice in a recent report. The Central Bank of Nigeria (CBN) recently revealed that commercial banks in the country lost a total of N12.06 billion to fraud and forgeries in the first six months of 2018. The CBN stated this in its ‘Draft 2018 Half Year Economic Report.’ According to the report, there were 20,768 reported cases of fraud and forgery (attempted and successful), valued at N19.77 billion in the review period, compared with 16,762 cases, involving N5.52 billion and US$ 0.12 million in the corresponding period of 2017. The report stated that the actual loss by banks to fraud

and forgery, however, amounted to N12.06 billion, compared with the N0.78 billion and US$0.03 million, suffered in the first half of 2017. H. Pierson Associates, in its reaction to the report, stressed the need for improved corporate governance in institutions. Furthermore, the consulting firm advised that staff quality control at recruitment and other soft considerations such as ethics, character, competence, among others, should be properly evaluated at the point of recruitment. In addition, the firm stated that banks must intensify fraud awareness and education by ensuring that their staff and customers are always abreast with cyber-security issues. “Banks must also deepen their firm-wide cyber-security awareness and operational risk culture through quality training. There is also need for the adoption of appropriate fraud risk management technology, effective internal controls frameworks,

including multi-layered security structures, segregation of duties across board, as well as traditional cross-checks of unusual payments with customers�. The consulting firm also called for the deployment of advanced risk-based internal audit. According to the Director, Consumer Protection, CBN, Mr S. K. Salam-Alade, “the high incidence of fraud is usually as a result of weak security infrastructure in financial institutions and insufficient internal controls�. Furthermore, he had attributed the development to the naivety of the average bank customer. “Apart from the huge financial loss to consumers, financial institutions, and the economy, online fraud also damages the financial system’s reputation, increases the risk of participating in its offerings. This, threatens the attainment of the financial inclusion target of 20 per cent inclusion by 2020,� the CBN Director said.

L-R Founder, Next Titan Nigeria, Mide Akinlaja; Divisional Head, Risk Management Heritage Bank, Dimiri Dike; Member, Board of Judges, Next Titan Nigeria Season 5, Kyari Bukar; Winner of The Next Titan Nigeria Seasons 5, Ogechukwu Obah; Member Board of Judges, Lillian Olubi and Former Managing Director, Sahara Energy Ltd, Tonye Cole, during the Next Titan Nigeria Seasons 5 grand finale held in Lagos‌ recently

MARKET INDICATORS MONEY AND CREDIT STATISTICS 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)

clients compared to the use of our physical branches. “This is in sync with observable behaviours in the digital age with customers embracing technology and digital channels to conduct transactions. Therefore, to ensure we are optimising all existing service platforms for the benefit of our clients, we continue to invest in upgrading our digital banking solutions and branch network. “Our clients want flexibility, accessibility and efficiency in the solutions and services we provide and with our ongoing optimisation drive, they will be able enjoy these benefits from the comfort of their homes, offices or on the go.’’ Earlier this year, the bank launched its first and fully digital retail bank in West Africa as an important milestone in its path towards innovation in its customer service value proposition. Building on the successes in Cote D’ivoire and Ghana, the bank plans to roll this out in Nigeria shortly. In addition, as part of efforts to remain a client centred

business, the bank would also strategically merge some of its branches across the country. In all, 14 branches would be merged while maintaining a network of 21 large branches strategically located for the convenience of clients. These mergers enable the bank to further reassign resources to other functions and locations that require more support with client interfacing. “Some of the services available to new and existing clients on its digital platforms include Instant local transfers to other banks; foreign telegraphic transfers; airtime top-up and utility bill payments to 100’s of billers; confirmation of transactions; loan repayments; credit card payments; opening of additional bank accounts and free cash withdrawal on other banks’ ATM. “Additional services such as cardless cash withdrawal, Visa Mobile QR Payment, Debit/ Credit Card Activation, Debit/ Credit Card PIN Change and Reset are available on its digital banking channels,� the statement added.

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

StanChart Deepens Investments in Digital Banking Standard Chartered recently reiterated its commitment to improving the overall banking experience of its clients’ through digitisation and technology. With a renewed focus on strengthening its digital banking platforms to provide clients with multiple and convenient alternate banking channels, the bank disclosed in a statement that it would be optimising its digital banking solutions and its branch network to cater to the evolving needs of its client. Speaking on this commitment, the Head of Retail Banking, Standard Chartered Bank Nigeria Limited, Ebehijie Momoh, noted that the bank seeks to provide convenient and accessible banking for its clients everywhere and at any time without time restrictions, physical limitations and dependence on branches. She added that the plan also aligns with the financial inclusion and cashless policy strategy of the Central Bank of Nigeria (CBN). She said: “We have observed a significant increase in the use of our digital platforms by our

(MILLION NAIRA)

MARCH 2018

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™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY, 30 NOVEMBER 2018

The price of OPEC basket of ďŹ fteen crudes stood at $58.33 a barrel on Friday, compared with $58.09 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

31

T U E S DAY ˾ DECEMBER 4, 2018

MARKET NEWS

All-Share Index Sheds 0.24% as Market Opens Week on Bearish Note Goddy Egene Trading at the stock market remained bearish as the Nigerian Stock Exchange (NSE) All-Share Index (ASI) fell by 0.24 per cent to close at 30,798.76 on the first day of the last month of the year. The market shed 4.9 per cent last month on persistent bear run in the market. And as trading resumed yesterday, the market declined further following price

losers by bellwether stocks. Although there were 19 gainers and 14 losers, the presence of Dangote Cement Plc, Nigerian Breweries Plc, Stanbic IBTC Holdings Plc, PZ Cussons Plc and Access Bank Plc among the losers’ led to the decline recorded. Continental Reinsurance Plc, which garnered 33 per cent last week, led the price losers yesterday on profit taking by investors. The stock went down by 10 per cent from N2.00 to

P R I C E S MAIN BOARD

F O R

DEALS

N1.80. Continental Reinsurance African Investments Limited (CRe Investments), which is the parent firm of Continental Reinsurance (CRe Nigeria)Plc, had proposed to buy all the outstanding shares of CRe Nigeria. According to company, CRe Investments is making this offer in order to initiate a much needed restructuring exercise for CRe Nigeria, with a view to consolidating the CRe Nigeria’s operations and repositioning it

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

for enhanced competitiveness in the global insurance market. This development attracted more demand for the shares reinsurance firm last week. However, profit taking has set in causing to record the highest price loss yesterday. MRS Oil Nigeria Plc and AXA Mansard Insurance Plc trailed with 9.9 per cent respectively. PZ Cussons Nigeria Plc and LASACO Assurance Plc, Stanbic IBTC Holdings and Caverton

T R A D E D MAIN BOARD

A S

Offshore Services Group Plc shed 9.5 per cent, 6.6 per cent, 4.1 per cent and 3.6 per cent in that order. On the positive side, Jaiz Bank Plc led the price gainers with 10 per cent, trailed by Diamond Bank Plc with 9.2 per cent. Learn Africa Plc chalked up 8.6 per cent, while FCMB Group Plc and Sterling Bank Plc garnered 7.5 per cent and 5.4 per cent respectively. Meanwhile, activity level improved as volume and value

O F

traded rose by 0.1 per cent and 13.6 per cent respectively to close at 249.7 million shares and N2.7 billion respectively. The top traded stocks by volume in today’s session were FCMB (103.5 million shares), FBN Holdings Plc (22.1 million shares) and UBA (20.3 million shares ) while the top traded stocks by value were Dangote Cement Plc (N674.7 million), GTBank (N609.5 million), and Zenith Bank Plc (N453.6 million).

2 9 / 1 1 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

˾ TUESDAY, DECEMBER 4, 2018

32

Tuesday, December 4, 2018

THISDAY AFRINVEST 40 INDEX

ThisDay Afrinvest Sheds 35bps zĞƐƚĞƌĚĂLJ͕ ƚŚĞ dŚŝƐ ĂLJ ĨƌŝŶǀĞƐƚ ƐŚĞĚ ϯϱďƉƐ ƚŽ ƐĞƩůĞ Ăƚ

Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index

ϭ͕Ϯϵϱ͘ϲϳ ƉŽŝŶƚƐ ĂƐ ƐĞůů ƉƌĞƐƐƵƌĞƐ ŝŶ NIGERIAN BREWERIES (2.7%), DANGCEM (-1.0%), and ACCESS (-3.2%) dragged the

Ticker

ŝŶĚĞdž͘ dŚĞƐĞ ƐƚŽĐŬƐ ĐƵŵƵůĂƟǀĞůLJ ĂĐĐŽƵŶƚ ĨŽƌ ϭϲ͘Ϭ% of the index.

Current Price

THISDAY AFRINVEST 40 1,295.67

Previous Current Price Weighting Change

Price Change YTD

Price Change Index to Date

ROE

ROA

P/E

P/BV

-16.0%

29.6%

19.4%

7.3%

5.9x

0.6x

6.6%

1

Guaranty Trust Bank PLC

34.65

0.9%

21.7%

-15.0%

-14.5%

34.1%

5.6%

5.2x

2.0x

7.8%

19.4%

2

Zenith Bank PLC

23.60

1.7%

14.3%

-8.0%

-9.0%

23.7%

3.4%

4.1x

1.0x

11.6%

24.7%

80.40

-2.7%

6.4%

-40.4%

-40.5%

13.8%

6.4%

26.9x

3.8x

4.6%

3.7%

3

Nigerian Brew eries PLC

Local Bourse Opens the Week on a Bearish Note͙ASI down

4

Nestle Nigeria PLC

24bps

5

Dangote Cement PLC

0.35%

Divinden Earnings d Yield Yield

11.2%

1,485.10

0.0%

9.2%

-4.6%

-4.6%

85.8%

26.3%

26.8x

20.9x

3.2%

3.7%

185.00

-1.0%

6.0%

-19.6%

-19.6%

20.1%

9.8%

19.3x

4.1x

5.7%

5.2%

6

FBN Holdings Plc

7.40

4.2%

5.5%

-15.9%

-15.8%

6.6%

0.8%

5.3x

0.4x

3.5%

18.9%

dŚĞ ůŽĐĂů ďŽƵƌƐĞ ĐŽŶƟŶƵĞĚ ƚŽ ǁŝƚŶĞƐƐ ƐĞůů ƉƌĞƐƐƵƌĞƐ ŝŶ

7

Access Bank PLC

7.50

-3.2%

3.8%

-28.2%

-29.2%

14.1%

1.7%

3.1x

0.5x

8.7%

32.1%

yesterday͛Ɛ ƐĞƐƐŝŽŶ ĂƐ ŝŶǀĞƐƚŽƌƐ ƌĞŵĂŝŶĞĚ ĐĂƵƟŽƵƐ͘ ^Ğůů

8

United Bank for Africa PLC

7.50

0.0%

3.8%

-27.2%

-28.0%

15.4%

1.8%

3.4x

0.6x

11.2%

29.4%

9

Ecobank Transnational Inc

15.95

0.0%

3.7%

-6.2%

-2.0%

12.1%

1.0%

5.0x

0.6x

10

SEPLAT Petroleum Development C

614.00

4.2%

3.6%

0.5%

-2.0%

25.9%

15.3%

2.7x

0.6x

3.0%

37.3%

11

Stanbic IBTC Holdings PLC

46.05

-4.1%

3.8%

11.0%

12.6%

35.7%

4.6%

6.8x

2.2x

2.1%

14.7%

12

Unilever Nigeria PLC

39.90

0.0%

3.0%

-2.7%

-0.8%

24.7%

11.5%

18.6x

2.8x

1.3%

5.4%

13

Guinness Nigeria PLC

74.00

0.0%

2.2%

-21.3%

-21.3%

8.8%

5.0%

19.9x

1.8x

2.5%

5.0%

14

Lafarge Africa PLC

13.40

3.1%

0.6%

-70.1%

-70.1%

-53.7%

-7.9%

0.9x

11.2%

-48.4%

15

Fidelity Bank PLC

1.95

-1.5%

1.2%

-20.7%

-24.4%

11.3%

1.5%

2.5x

0.3x

5.6%

16

Oando PLC

4.70

0.0%

1.2%

-21.5%

-21.5%

10.9%

1.7%

3.9x

0.3x

ƉƌĞƐƐƵƌĞƐ ŝŶ DANGCEM (-1.9%), STANBIC (-2.0%) and NB (Ϯ͘ϮйͿ ǁĞŝŐŚĞĚ ŽŶ ƚŚĞ ůŽĐĂů ďŽƵƌƐĞ ĚƌĂŐŐŝŶŐ ƚŚĞ ůů ^ŚĂƌĞ Index ;͞ ^/͟Ϳ ůŽǁĞƌ ďLJ Ϭ͘Ϯй ƚŽ ƐĞƩůĞ Ăƚ ϯϬ͕ϳϵϴ͘ϳϲ ƉŽŝŶƚƐ͘ /ŶǀĞƐƚŽƌƐ ǁĞĂůƚŚ ĚĞĐůŝŶĞĚ ĂƐ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝƐĂƟŽŶ ƐŚĞĚ Eϵϱ͘ϵďŶ ƚŽ ĐůŽƐĞ Ăƚ Eϭϭ͘ϮƚŶ͘ ĐƟǀŝƚLJ ůĞǀĞů ƐƚƌĞŶŐƚŚĞŶĞĚ ĂƐ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ƌŽƐĞ ďLJ Ϭ͘ϭй ĂŶĚ ϭϯ͘ϲй ƌĞƐƉĞĐƟǀĞůLJ ƚŽ ĐůŽƐĞ Ăƚ Ϯϰϵ͘ϳŵ ƵŶŝƚƐ ĂŶĚ EϮ͘ϳďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ dŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀŽůƵŵĞ ŝŶ LJĞƐƚĞƌĚĂLJ͛s ƐĞƐƐŝŽŶ ǁĞƌĞ FCMB ;ϭϬϯ͘ϱŵ ƵŶŝƚƐͿ͕ FBNH ;ϮϮ͘ϭŵ ƵŶŝƚƐͿ ĂŶĚ UBA ;ϮϬ͘ϯŵ ƵŶŝƚƐͿ ǁŚŝůĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀĂůƵĞ ǁĞƌĞ

DANGCEM

;Eϲϳϰ͘ϳŵͿ͕

GUARANTY

;EϲϬϵ͘ϱŵͿ͕

ĂŶĚ

ZENITHBANK ;Eϰϱϯ͘ϲŵͿ͘ Bearish Sector Performance ^ĞĐƚŽƌ ƉĞƌĨŽƌŵĂŶĐĞ ŝŶ LJĞƐƚĞƌĚĂLJ͛Ɛ ƐĞƐƐŝŽŶ ǁĂƐ ďĞĂƌŝƐŚ ĂƐ ϯ ŽĨ ƚŚĞ ϱ ďƌŽĂĚ ŝŶĚŝĐĞƐ ƵŶĚĞƌ ŽƵƌ ĐŽǀĞƌĂŐĞ ĐůŽƐĞĚ

20.0%

39.3% 25.5%

17

Dangote Sugar Refinery PLC

13.05

0.8%

0.9%

-34.8%

-35.9%

32.6%

16.4%

5.2x

1.5x

13.4%

19.2%

18

Okomu Oil Palm PLC

75.50

0.0%

1.5%

11.5%

11.5%

39.3%

29.7%

7.2x

2.5x

4.1%

13.9%

5.0%

14.5% 18.1%

19

International Brew eries PLC

30.75

0.0%

0.5%

-43.6%

-44.1%

24.6%

7.4%

32.2x

7.3x

20

Flour Mills of Nigeria PLC

20.05

0.3%

0.5%

-30.9%

-30.9%

7.6%

2.3%

6.9x

0.6x

3.1%

21

Transnational Corp of Nigeria

1.16

2.7%

0.6%

-20.5%

-21.6%

13.6%

3.0%

5.5x

0.7x

1.7%

22

UAC of Nigeria PLC

10.00

0.0%

0.4%

-40.8%

-40.8%

0.4%

0.2%

78.7x

0.4x

6.6%

23

Diamond Bank PLC

0.71

9.2%

0.3%

-52.7%

-54.8%

-5.8%

-0.7%

198.00

-13.9%

-13.9%

34.6%

7.5%

24

Total Nigeria PLC

25

FCMB Group Plc

26

11 PLC

27

Forte Oil PLC

18.00

28

PZ Cussons Nigeria PLC

10.30

0.1x 6.9x

1.3% -98.8%

0.0%

0.5%

1.56

2.2x

8.6%

7.6%

0.6%

-1.3%

8.4%

1.2%

2.0x

0.2x

6.4%

49.0%

174.80

-0.1%

0.5%

-10.2%

-10.2%

38.0%

16.8%

5.8x

1.9x

4.6%

17.1%

0.0%

0.2%

-58.6%

-57.1%

29.7%

3.0%

-9.6%

0.2%

-50.0%

-51.3%

1.4x

14.5%

-11.6%

1.0x

1.5%

29

Cadbury Nigeria PLC

9.25

-2.6%

0.3%

-41.0%

-40.7%

4.7%

1.9%

32.3x

1.5x

1.7%

3.1%

30

Presco PLC

62.15

0.0%

0.4%

-9.3%

-9.3%

37.0%

24.8%

2.5x

0.8x

3.2%

40.7%

47.0%

17.5%

9.4x

4.2x

8.3%

10.7%

0.7x

6.8%

31

NASCON Allied Industries PLC

18.00

0.0%

0.4%

-2.7%

-6.3%

ƐŽƵƚŚǁĂƌĚƐ͘ dŚĞ ďĞĂƌŝƐŚ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ůĞĚ ďLJ ƚŚĞ

32

UPDC Real Estate Investment Tr

8.10

0.0%

0.3%

-19.0%

-19.0%

/ŶƐƵƌĂŶĐĞ ŝŶĚĞdž ǁŚŝĐŚ ĚĞĐůŝŶĞĚ ϰ͘ϱй ĂƐ ƉƌŽĮƚ-taking in

33

Union Bank of Nigeria PLC

5.15

0.0%

0.3%

-34.0%

-31.4%

5.3%

1.0%

9.3x

0.5x

34

Julius Berger Nigeria PLC

21.00

0.0%

0.3%

-25.0%

-25.0%

17.3%

1.8%

5.8x

0.9x

4.8%

17.2%

4.6x

0.5x

1.1%

21.7%

0.8x

3.3%

CONTINSURE (-ϭϬ͘ϬйͿ ĂŶĚ ƐĞůů ƉƌĞƐƐƵƌĞƐ ŝŶ MANSARD (-

10.7%

35

Sterling Bank PLC

1.75

5.4%

0.5%

62.0%

54.9%

10.6%

1.1%

36

Dangote Flour Mills Plc

6.15

0.8%

0.2%

-49.4%

-49.4%

0.0%

0.0%

37

GlaxoSmithKline Consumer Niger

14.50

0.0%

0.2%

-32.9%

-32.9%

12.1%

7.2%

11.6x

2.0x

52.1%

38

Chemical and Allied Products P

31.50

0.0%

0.2%

-7.4%

-11.8%

66.2%

30.2%

14.7x

9.8x

6.5%

6.8%

ƌĞƐƉĞĐƟǀĞůLJ ĂƐ ůŽƐƐĞƐ ŝŶ NB (-2.7%), PZ (-9.6%), and

39

Beta Glass PLC

68.30

0.0%

0.2%

33.1%

33.1%

17.7%

11.5%

8.3x

1.4x

1.7%

12.0%

DANGCEM (-ϭ͘ϬйͿ ǁĞŝŐŚĞĚ ŽŶ ďŽƚŚ ŝŶĚŝĐĞƐ͘ ĂƌŐĂŝŶ ŚƵŶƟŶŐ

40

Transcorp Hotels Plc

6.10

0.0%

0.1%

-15.4%

-15.4%

6.9%

3.8%

11.9x

0.8x

2.0%

8.4%

ϵ͘ϵйͿ ĚƌĂŐŐĞĚ ƚŚĞ ŝŶĚĞdž ŚĞĂǀŝůLJ͘ dŚĞ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ĂŶĚ /ŶĚƵƐƚƌŝĂů 'ŽŽĚƐ ŝŶĚĞdž ƚƌĂŝůĞĚ ƐŚĞĚĚŝŶŐ ϳϮďƉƐ ĂŶĚ ϯďƉƐ

T o p 10 G a i n e r s

in SEPLAT ;нϰ͘ϮйͿ ĚƌŽǀĞ ƚŚĞ Kŝů Θ 'ĂƐ ŝŶĚĞdž ŶŽƌƚŚǁĂƌĚƐ ďLJ

Ϯ͘ϭй ǁŚŝůĞ ƐƵƐƚĂŝŶĞĚ ďƵLJŝŶŐ ŝŶƚĞƌĞƐƚ ŝŶ ĂŶŬŝŶŐ ďĞůůǁĞƚŚĞƌƐ ůŝŬĞ ZENITHBANK (+1.7%), FBNH ;нϰ͘ϮйͿ͕ ĂŶĚ GUARANTY ;нϬ͘ϵйͿ ĚƌŽǀĞ ƚŚĞ ĂŶŬŝŶŐ ŝŶĚĞdž ŚŝŐŚĞƌ Ϭ͘ϲй͘

/ŶǀĞƐƚŽƌƐ ^ĞŶƟŵĞŶƚ ^ƚƌĞŶŐƚŚĞŶ

T ic k er

/ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ ƐƚƌĞŶŐƚŚĞŶĞĚ ƚŽ ϭ͘ϰdž ĨƌŽŵ Ϭ͘ϲdž

P ric e

P ric e C hg %

0.44

10.0%

D IA M ON D B N K

0.71

9.2%

LEA R N A F R C A

1.26

FCM B

1.56

ST ER LN B A N K R EGA LIN S

JAIZBANK

(+10.0%),

DIAMONDBNK

(+9.2%)

and

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

7.6%

FB NH

22.1

4.2%

8.6%

UB A

20.3

0.0%

7.6%

D IA M ON D B N K

19.7

9.2%

1.75

5.4%

Z EN IT H B A N K

19.2

1.7%

0.21

5.0%

GUA R A N T Y

17.6

0.9%

A C C ESS

4.9

-3.2%

T R A N SC OR P

4.8

2.7%

A B CTRA NS

0.28

3.7%

R EGA LIN S

4.1

5.0%

A IIC O

0.65

3.2%

D A N GC EM

3.6

-1.0%

T o p 10 L o s e r s T ic k er C ON T IN SUR E M RS

10.0%) and MANS Z ;-ϵ͘ϵйͿ ůĞĚ ƚŚĞ ůĂŐŐĂƌĚƐ ŝŶ LJĞƐƚĞƌĚĂLJ͛s

yesterday͛s investors͛ ƐĞŶƟŵĞŶƚ͘

P ric e C hg %

4.2%

PZ

ƚŚĞ ďĞĂƌŝƐŚ ƐĞŶƟŵĞŶƚ ŝƐ ŶŽƚ ďƌŽĂĚ ďĂƐĞĚ ĞǀŝĚĞŶĐĞĚ ŝŶ

103.5

4.2%

M A N SA R D

ƐĞƐƐŝŽŶ͕ ǁĞ ĂŶƟĐŝƉĂƚĞ Ă ƌĞďŽƵŶĚ ŝŶ ƐƵďƐĞƋƵĞŶƚ ƐĞƐƐŝŽŶƐ ĂƐ

Vo lum e

FCM B

7.40

LEARNAFRICA ;нϴ͘ϲйͿ ǁŚŝůĞ KEd/N^hZ ;-10.0%), MRS (-

ƐĞƐƐŝŽŶ͘ ĞƐƉŝƚĞ ƚŚĞ ƉĞƌĐĞŝǀĞĚ ǁĞĂŬŶĞƐƐ ŝŶ LJĞƐƚĞƌĚĂLJ͛s

T ic k er

614.00

SEP LA T

recorded in Friday͛Ɛ ƐĞƐƐŝŽŶ ĂƐ ϭϵ ƐƚŽĐŬƐ ĂĚǀĂŶĐĞĚ ĂŐĂŝŶƐƚ ϭϰ ĚĞĐůŝŶĞƌƐ͘ dŚĞ ďĞƐƚ ƉĞƌĨŽƌŵŝŶŐ ƐƚŽĐŬƐ ĨŽƌ LJĞƐƚĞƌĚĂLJ ǁĞƌĞ

T o p 10 T r a d e s b y V o l u m e

J A IZ B A N K

FB NH

T o p 10 T r a d e s b y V a l u e

P ric e

P ric e C hg %

1.80

-10.0%

25.70

-10.0%

T ic k er

Value

D A N GC EM

674.7

P ric e C hg % -1.0%

GUA R A N T Y

609.5

0.9%

1.82

-9.9%

Z EN IT H B A N K

453.6

1.7%

10.30

-9.6%

N EST LE

195.4

0.0%

LA SA C O

0.28

-6.7%

FCM B

161.6

7.6%

ST A N B IC

46.05

-4.1%

FB NH

161.0

4.2%

C A VER T ON

1.83

-3.7%

UB A

152.4

0.0%

A C C ESS

7.50

-3.2%

M OB IL

46.6

-0.1%

80.40

-2.7%

A C C ESS

36.6

-3.2%

9.25

-2.6%

SEP LA T

33.6

4.2%

NB C A D B UR Y

8.6%

Investment Research

Brokerage Ayodeji Ebo | aebo@afrinvest.com

Robert Omotunde |

Bolaji Fajenyo | bfajenyo@afrinvest.com

Jolomi Odonghanro | jodonghanro@afrinvest.com

romotunde@afrinvest.com

T H I S D AY Ëž Ëœ ÍźËœ ͺ͸͚͜

33

MARKET NEWS

SEC Takes Enlightenment on Market Initiatives to More Investors Goddy Egene The Securities and Exchange Commission (SEC) will on Thursday meet with capital market stakeholders and general public in Enugu to enlighten them on the process and benefits of electronic-Dividend, multiple subscription, e-processes and other contemporary issues in the market. The commission will be holding a town hall meeting through its Port Harcourt Zonal Office with the theme: “Current

initiatives by the SEC to Enhance Investor Value.� SEC explained that the event will create an avenue to educate and enlighten the public on the market initiatives and also for operators, stakeholders and various investors to interact and discuss other issues surrounding the activities of the capital market. The commission had in January 2016 commenced the e-dividend registration campaign in Abuja with a road show culminating in a town hall meeting. The Thursday event will

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these ‘shares’ on the

also provide an opportunity to throw more light on investment opportunities available in Nigerian capital market and how retail investors can benefit therein. The commission had announced that the e-dividend registration would continue seamlessly in spite of the expiration of free registration deadline and also enjoined investors yet to enroll, to continue with the process at a cost of N150 only. “Investors should continue to approach their banks or

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 3011-2018, unless otherwise stated.

registrars, as usual, to seamlessly mandate their bank accounts for the collection of their dividends electronically, including unclaimed dividends, not exceeding 12 years of issue as the N150 would not be demanded from them at the point of registration,� SEC had explained. Also, the commission recently extended the forbearance period for regularisation of multiple share subscription by another one year after the expiration on 31st December 2018. Speaking on the extension,

Acting Director General of SEC, Mary Uduk said: “I am delighted to report that on the lingering issue of multiple subscriptions and forbearance for shareholders with multiple accounts, the Capital Market Committee (CMC) agreed that the forbearance window should be extended by another year from the December 31, 2018 deadline previously communicated. Registrars have acknowledged that investors have started coming forward but there are still some challenges in the process. We are

working hard to address those challenges and that is why we encourage all affected investors to come forward and take advantage of the window before the new deadline� she said. The SEC boss last week said the commission had focused on leading the market to recovery and part of the recovery plan was the development of the master plan in collaboration with other stakeholders to map out strategies to improve key areas especially investor protection and education, among others.

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 158.98 160.39 -10.32% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 274.06 275.60 18.56% 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 0.86% ACAP Income Funds 0.63 0.63 6.81% 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 2.21 2.23 -3.75% 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 16.31 16.81 -10.71% ARM Discovery Fund 352.08 362.70 -9.51% ARM Ethical Fund 28.17 29.02 3.12% ARM Money Market Fund 1.00 1.00 12.68% 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 131.26 132.18 -13.47% AXA Mansard Money Market Fund 1.00 1.00 11.98% 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 13.48% Paramount Equity Fund 11.47 11.77 3.47% Women's Investment Fund 101.15 103.75 0.52% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 12.22% Cordros Milestone Fund 2023 96.84 96.97 Cordros Milestone Fund 2028 97.38 97.73 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 N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A 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 11.43% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 11.32% 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 1,169.86 1,170.61 11.50% FBN Heritage Fund 140.32 141.51 0.60% FBN Money Market Fund 100.00 100.00 12.70% FBN Nigeria Eurobond (USD) Fund - Institutional $112.12 $112.51 3.00% FBN Nigeria Eurobond (USD) Fund - Retail $111.83 $112.22 2.85% FBN Nigeria Smart Beta Equity Fund 145.88 147.94 -8.14% 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 1.21 1.23 -6.29% Legacy Debt Fund 3.22 3.22 11.27% Legacy USD Bond Fund 1.02 1.02 2.23% 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 2,927.83 2,956.12 -1.94% Coral Income Fund 2,734.59 2,734.59 11.70% 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 12.20% Nigeria Entertainment Fund 105.73 106.07 5.24% 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 12.11%

Vantage Balanced Fund 2.14 2.16 1.22% Vantage Guaranteed Income Fund 1.00 1.00 15.41% Kedari Investment Fund (KIF) 123.35 123.52 7.16% 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 4.31% Lotus Halal Fixed Income Fund 1,088.81 1,088.81 12.74% 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 11.11 11.20 -14.14% Meristem Money Market Fund 10.00 10.00 11.26% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.32 1.35 11.19% PACAM Fixed Income Fund 12.10 12.16 9.59% PACAM Money Market Fund 10.00 10.00 12.00% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 127.32 127.74 -1.84% 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 1.69 1.69 13.82% 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 2,300.34 2,315.17 4.68% Stanbic IBTC Bond Fund 188.04 188.04 7.99% Stanbic IBTC Ethical Fund 0.94 0.95 -6.44% Stanbic IBTC Guaranteed Investment Fund 245.16 245.20 13.59% Stanbic IBTC Iman Fund 159.62 161.41 -10.87% Stanbic IBTC Money Market Fund 100.00 100.00 11.86% Stanbic IBTC Nigerian Equity Fund 8,412.18 8,514.06 8513.12% Stanbic IBTC Dollar Fund (USD) 1.10 1.10 6.76% 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 -2.13% United Capital Bond Fund 1.57 1.57 9.70% United Capital Equity Fund 0.70 0.71 -7.58% United Capital Money Market Fund 1.00 1.00 12.50% United Capital Eurobond Fund 106.04 106.04 5.97% United Capital Wealth for Women Fund 1.08 1.09 4.14% 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 11.11 11.26 -8.25% Zenith Ethical Fund 12.15 12.25 -5.97% Zenith Income Fund 20.59 20.59 11.60% Zenith Money Market Fund 1.00 1.00 12.29%

REITS

NAV Per Share

Yield / T-Rtn

9.00 139.49 51.55

-20.11% 5.31% 1.42%

Bid Price

Offer Price

Yield / T-Rtn

10.33 115.30 87.97

10.43 117.74 89.62

-12.74% -19.28% -19.47%

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

3.96 7.31 14.50 12.35 141.01

4.00 7.39 14.60 12.55 143.01

-16.39% -23.52% -16.90% -37.03% 4.97%

NAV Per Share

Yield / T-Rtn

107.13

17.03%

SPECIALIST FUNDS Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

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

34

THISDAYt 56&4%": %&$&.#&3 č ċĉĊđ

THISDAYt TUESDAY DECEMBER 4, 2018

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TUESDAY DECEMBER 4, 2018 ˾ T H I S D AY

INTERNATIONAL

Six Shot Dead in Terror Attack in Burkina Faso Six people were shot dead on Monday by police in eastern Burkina Faso during a “terrorist attack” on a

security patrol, security sources said. An officer was also wounded in the incident

Ghana to Impose Tax on Anointing Oil, Stickers, Other Religious Merchandise The Commissioner-General of the Ghana Revenue Authority, Emmanuel Kofi Nti, has revealed plans to impose taxes on anointing oil, stickers and other merchandise sold by churches and pastors. Speaking with Joy News, the internal revenue boss said that the only church revenues exempted from the planned taxes are offering and tithes. He said, “The man of God; is he not an individual? And is he not accountable to the state for his tax obligations? There is an opportunity for us to look at it.”

He went to specifically say that the sticker of a popular pastor in Ghana, Bishop Danel Obinim would be taxed accordingly because “it is income to him (Obinim)?” The GRA has for months been considering a review of taxable activities by churches. President Addo Dankwa Akufo-Addo backs this plan for churches in the country to be taxed, grounding his position on the fact that churches have now moved into the realms of wealth creation and prosperity, rather than charity.

at about 0500 GMT near Bougui, about 10 kilometres (six miles) from Fada N’Gourma, the main town in the Eastern Region administrative area, a source said. “A patrol team of the territorial gendarmerie brigade of Fada N’Gourma was ambushed in the village of Bougui,” a security source toldAFP. “The terrorists opened

and went out in the city of Tepic on Friday. It said a day later, his body with bullet holes was found on a road. Marquez had been active in the leftist Morena party of President Andres Manuel Lopez Obrador, who was sworn in on Saturday and who has vowed to take measures against the country’s soaring crime rate.

Nexstar Media Group Inc. has agreed to buy Tribune Media Co., in a 4.1-billiondollar deal that would create the nation’s largest owner of Local Television Stations. This is according to a person with knowledge of the deal who was not authorised to comment on it. Irving, Texas-based Nexstar whose portfolio is composed of 174 stations,

The human rights group Article 19 called on the authorities to investigate Marquez’ murder and to protect his colleagues. Mexico is one of the world’s most dangerous countries to work as a journalist. A wave of violence linked to drug cartels claimed more than 29,000 lives in Mexico in 2017.

72-year-old Frenchman in Nobel Rape Scandal Jailed A Frenchman at the centre of a scandal that led to the postponement of this year’s Nobel Literature Prize was on Monday found guilty on appeal of two counts of rape and jailed for two-and-a-half years. Once an influential figure in Stockholm’s cultural scene, 72-year-old Jean-Claude Arnault was convicted by a Stockholm appeals court of raping a young woman in October 2011 and again in December the same year. He had pleaded innocent to the charges, insisting the sex was consensual. A Stockholm district court had in October found him guilty of the first count of rape but acquitted him of the second,

and had sentenced him to two years behind bars. “The appeals court has come to a different conclusion and considers it proven beyond a doubt that the accused is guilty of rape on the second occasion as well,” the appeals court said in a statement. The case was one of the first big trials to come out of the #MeToo movement and has left the venerable Swedish Academy, which awards the Nobel Literature Prize, in tatters. Arnault is married to Katarina Frostenson, a Swedish Academy member who has rarely spoken out since the scandal erupted. He has been locked up

since his conviction by the lower court. The scandal erupted in November 2017, one month after the rape and sexual abuse accusations surfaced against Hollywood mogul Harvey Weinstein. At the time, Swedish newspaper Dagens Nyheter published the testimonies of 18 women claiming to have been raped, sexually assaulted or harassed by Arnault. The Frenchman ran the Forum club, which he founded in 1989 as a meeting place for the cultural elite and was popular among aspiring young authors hoping to make contact with publishers and writers.

US Calls for EU Sanctions on Iranian Ballistic Programme The United States urged the European Union on Monday to apply sanctions targeting Iran’s ballistic missile program, calling it a “grave and escalating threat.” Over the weekend, US Secretary of State Mike Pompeo charged that Iran tested a medium-range missile capable of carrying multiple warheads and striking parts of Europe and the entire Middle East. He said the test violated UN Security Council Resolution 2231, which endorsed the Iran nuclear deal signed by world powers with the Islamic republic.

In Paris, the French foreign ministry also condemned the Iranian missile test as “provocative and destabilizing,” and noted that it was not in compliance with the UN resolution. France “calls on Iran to immediately cease all activity linked to ballistic missiles conceived to carry nuclear weapons, including all launches using ballistic missile technology,” it said. Washington’s Iran special envoy Brian Hook insisted that despite Tehran’s assertions to

was attacked during an operation to dismantle a cache of weapons belonging to suspected terrorists in the nearby area, a local official said. Burkina Faso, bordering Mali and Niger, has been battling jihadist attacks over the last three years. Attacks initially began in the north of the country but have since spread to the east, near

the border with Togo and Benin. On Friday five people, including four police officers, were killed when their vehicle struck an improvised explosive device (IED) in the eastern town of Boungou. According to a report in late September, jihadist attacks have claimed 229 lives in the country since 2015.

Nexstar to Buy Tribune Media for $4.1 Billion

11th Journalist Killed in Mexico The body of a journalist has been found in western Mexico, making him the 11th member of the profession to be killed in the country this year, local media reported on Monday. Alejandro Marquez, director of the daily Orion Informativo, was having a meal with his family, when he received a phone call

fire at the convoy, damaging the lead vehicle.” The police responded, firing on the attackers, killing six of them but leaving one officer with a foot injury, another security source said. “Several weapons, including Kalashnikovs and ammunition,” were seized from the attackers, the source added. The security patrol

the contrary, Iran’s missile tests were not defensive in nature. “We would like to see the European Union move sanctions that target Iran’s missile program,” Hook told reporters aboard Pompeo’s plane as he travelled to Brussels for a NATO meeting. Hook said President Donald Trump’s campaign of “maximum pressure” on Tehran since withdrawing from the Iran nuclear deal “can be effective if more nations can join us in those (sanctions).”

including affiliates of NBC, CBS, ABC and Fox, outbid private equity giant Apollo Global Management with an all-cash offer of about 46.50 dollars a share. News agency Reuters first reported the deal. The expected transaction which could be announced would come during a wave of consolidation in the media industry. Companies are feeling pressure to get bigger so they can stay competitive. Chicago-based Tribune Media owns and operates 42 local stations reaching about 50 million households. A spokesman for Tribune Media declined to comment. Representatives for Nexstar and Apollo did

not respond to requests for comment. Nearly four months ago, a plan for Tribune Media to sell itself to Sinclair Broadcast Group collapsed after the deal became a regulatory and political flashpoint for the companies. Sinclair had proposed to pay 3.9 billion dollars for Tribune Media. But Federal Communications Commission Chairman Ajit Pai expressed “serious concerns” about how Sinclair planned to divest some Tribune stations to meet the national cap on TV-station ownership. Pai’s move was a surprise because he largely has been friendly toward consolidation and deregulation. Separately, the Sinclair

deal also had been heavily criticized by liberals who believed the firm would use the clout of its expanded national reach to launch a conservative-leaning news service to compete with Fox News Channel. Sinclair has required local news shows on its stations to run segments favorable to President Donald Trump, and on at least one occasion it had local news anchors nationwide recite a script that echoed some of the president’s talking points. In August, Tribune Media filed a breach-of-contract lawsuit against Sinclair, alleging that Sinclair failed to make its best effort to gain regulatory approval of the sale.

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TUESDAY DECEMBER 4, 2018 ˾ T H I S D AY

NEWSEXTRA

I Remain in APC to Support Buhari’s Re-election, Says Amosun Governor’s 26 loyalists quit ruling party Sharon Emi Ogun State Governor, Senator Ibikunle Amosun, has restated that he would continue to pursue his political aspiration on the platform of the All Progressives Congress (APC), to ensure the reelection of President Mohammadu Buhari. This is coming as no fewer than 26 loyalists of Amosun, yesterday announced their defection from the APC to the Allied People’s Movement (APM). Amosun was speaking to party faithful, at the Presidential Lodge, Ibara, Abeokuta, yesterday, just as his loyalists, including 26 candidates, who emerged victorious as candidates at the October 2 primaries, to the state House of Assembly seats, announced their movement to the Allied People’s Movement (APM). Ogun State Governorship candidate of the APC, Hon. Adekunle Akinlade, was also announced to have defected to the APM, by the Speaker of the House of Representatives, Yakubu Dogara last week. The governor, at the gathering, said his decision to remain in APC, was borne out of his unwavering support for President Muhammadu Buhari as well as to protect the rights of those who were robbed of their mandate by the National Working Committee (NWC) of the APC.

Olatunji in his speech titled, According to him, the people of the state are solidly in support ‘Why we are leaving APC for of the president and will vote APM’, said “after extensive and massively for him in the 2019 due consultations with our elders, Presidential poll, stating however that, his support for the president was not a support for an illegality. He said he was however unable to stop those who felt aggrieved by the injustice metted on them by the national leadership Kingsley Nwezeh in Abuja of the party, to seek their aspiration on other platforms. The Army Council yesterday Amosun restated that his approved the promotion of some support is for Akinlade and no senior officers of the Nigerian Army other governorship candidate, who to the ranks of Major Generals, according to him, is in pocession Brigadier Generals, Colonels and of a stolen mandate. a Lieutenant Colonel. Meanwhile, no fewer than 26 A breakdown of those that loyalists of Amosun, yesterday benefited from the promotion announced their defection from shows that 29 Brigadier Generals the APC to the Allied People’s were promoted to the rank of Major Movement (APM). Generals, 95 Colonels to Brigadier The defectors were the aggrieved Generals, 106 Lieutenant Colonels members of the APC who claimed to Colonels and one Major to to have won the legislative Lieutenant Colonel. primaries of the APC conducted Among those promoted to by the state election committee, the rank of Major General are, appointed by the National Working Brigadier General TOB Ademola, Committee held October 8, 2018, in the state. Addressing journalists on behalf of other members, the spokesperson of the group, Lamidi Olatunji, said FrancisSardaunainKatsina they were declared winners by the committee Chairman, Col. Ali The Katsina State House of Ciroma (rtd), but were refused the Assembly has elected Tasi’u Independent National Electoral Maigarin as its new Speaker. Commission’s (INEC) forms for The new Speaker would replace the nomination of the party as Abubakar Kusada, who was elected candidates for the election till to the House of Representatives for it closed December 2. Kusada/kankia/Ingawa federal

members and stakeholders in the APC in Ogun State, we have come to the inevitable conclusion to seek the general mandate of

our people in the 2019 elections on the platform of APM. “We wish to state that this is without prejudice to the

progressive ideals which have endeared our candidature and our political group to the good people of Ogun State.”

Army Promotes 29 Brigadier-Generals, 95 Colonels, 106 Lt. Colonels Nigeria Defence Attaché to China; Brigadier KO Ogundele, Director of Coordination at the Armed Forces Command and Staff College; Brigadier General ON Ugo; Brigadier General AO Uthman; Brigadier General M Bashir, and Brigadier General MM Mshelia. Others are Brigadier General US Mohammed; Brigadier General IO Ehiorobo; Brigadier General CG Musa; Brigadier General CO Ofoche; Brigadier General DH Alli-Keffi; Brigadier General A Kigbu; Brigadier General YI Shalangwa, Director Army Legal Service, and Brigadier General SA Kazaure, Director General, National Youth Service Corps, among others.

Those promoted to the rank of Brigadier Generals include Colonel AA Ayanuga; Colonel SC Ogbuanya; Colonel FO Ilodibia; Colonel EF Oyinlola; Colonel SO Oloyede; Colonel S Kawugana; Colonel FG Dimlong; Colonel OK Falade; Colonel IZ Ohiaka; Colonel CS Okafor; Colonel AYellow-Duke; Colonel MA Etsu-Ndagi; Colonel AM Alechenu; Colonel Y Yahaya and Colonel IG Lassa. Others include Colonel PAO Okoye; Colonel AO Oyelade; Colonel MLD Saraso; Colonel VE Emah; Colonel RI Odi; Colonel WD Nasiru; Colonel LA Jimoh; Colonel AP Ahmadu; Colonel QA Ahmed and Colonel JS Sura, among others.

Similarly, Lieutenant Colonels CA Magaji, AA Bello, CE Ugworji, CY Ufurumazi, K Imam, CE Aniorha, MC Akin-Ojo, KO Kalu, AY Emakoma, MA Dogo, MG Udotong, BA Adeshina and I Sadiq, were promoted to the rank of Colonels. Others promoted to Colonels include NC Achikasim, BI George, YD Ishaku, EA Otseh and SB Salisu, amongst others. Major UA Musa was promoted Lieutenant Colonel. According to the statement by the army, the approval of the promotion by the Army Council for the senior officers yesterday, was the last for the year.

Katsina Assembly Gets New Speaker constituency on November 17, 2018. Maigarin was unanimously elected by the 32 out of the 34 members of the assembly who attended yesterday’s plenary He hailed from Zango Local Government Area of the state, representing the Zango state constituency.

During the plenary, Ibrahim Dikko of Matazu state constituency moved the motion for the election of the new Speaker, while Sani Lawan from Baure state constituency seconded it, hence the election of the new Speaker. Meanwhile, the new Speaker

was sworn in by the Clerk of the assembly, Musa Bakori. Both Maigarin and the former Speaker, Kusada, are members of the All Progressives Congress (APC). The assembly, however, adjourned till January 14, 2019, for sitting.

38

ÍźËœ ͺ͸͚΀ Ëž T H I S D AY

TUESDAYSPORTS

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

BALLON D’OR

Modric Ends Messi, Ronaldo Dominance Femi Solaja with agency report Croatia captain and Real Madrid midfielder,Luka Modric, yesterday won the 2018 Ballon d’Or, becoming the first player other than Lionel Messi or Cristiano Ronaldo to claim the award in more than a decade. Modric, 33, won his third successive Champions League in May before helping Croatia to a first World Cup final. Former Brazil and AC Milan forward Kaka, in 2007, was the last player other than Messi or Ronaldo to win it. Ronaldo, who joined Real Madrid from Juventus in the summer, came second. Barcelona forward Messi finished fifth, with Atletico Madrid frontman Antoine

Griezmann and PSG attacker Kylian Mbappe - both of whom won the World Cup with France - third and fourth respectively. Victory caps a stellar year for Modric, who also was named the world’s top male player at the Best FIFA Football Awards and received the Golden Ball award for the best player at the World Cup. “It’s an unbelievable feeling,� said Modric, who is the first Croatian player to win the award. “It’s a big pleasure to be here among all these players. “I am still trying to realise that I have become part of a group of exceptional players to win the Ballon d’Or throughout history.� “I just want to thank all those who helped me to be here tonight. I thank my teammates, my coaches, the staff and Real

Madrid, all those who work there, the coaches and teammates in the national team, the ones who voted for me and my family, who allow me to blossom as a person. “Always have dreams, I wanted to play in a big club, win titles, the Ballon d’Or is all I could dream as a child, it’s an honor to win it tonight. “It’s a great pleasure to be here around his players. I keep thinking I’m trying to get used

to being part of this group of exceptional players who have won the Ballon d’Or previously. It’s a great pleasure to be part of this group. It’s hard to say, throughout my career I understood that work, persistence, believing in yourself, is the basis for expressing your talent. I like the phrase: the best is never easy. For me, it was not easy. It was necessary to seize the opportunities.� The midfielder believes

changing his role in midfield has been a turning point in his career, saying it all came together while he was at Tottenham. “Changing position allowed me to develop my game, before I was more an offensive player. When I retreated, I had a better vision of the game, I could better express my creativity, my game. In my second year in Tottenham, I played midfielder and I felt better in the middle.�

Modric finished ahead of his former Madrid team-mate Ronaldo in the vote, making the Portuguese icon settle for second place for the first time in three years. France star Griezmann took third place in the poll, with fellow World Cup winner Mbappe was close behind. Messi, meanwhile, dropped outside the top two for the first time in 11 years and came in fifth this time

Cameroon’s Minister Knocks CAF over AFCON Snub The government of Cameroon yesterday has officially reacted to the withdrawal of the country’s hosting rights for next year’s Africa Cup of Nations. According to a publication in the country, Cameroun24.net, the CAF’s decision was in bad taste. The government reaction came from the Minister of Communication, Issac Tchiroma Bakary who reportedly declared that the government received CAF’s decision with disappointment. The spokesperson of the government made the statement during a press briefing some 24hours after the decision was taken by the Confederation of African Football, CAF. The full statement read thus: “The Government of the Republic of Cameroon has taken note with dismay of the decision taken by the CAF Executive Committee, which met in Accra last November 30, 2018, to withdraw the hosting of the 2019 AFCON from Cameroon. “This surprising decision for more than one reason, is certainly unfair with regard to the huge investments made by our country, which has led to outstanding modern infrastructures as witnessed by all.� According to the Minister the decision is not a reflection of Cameroon’s determination to organise a magnificent football jamboree. The Minister explained that, “this decision is unmerited considering the resolve of the Head of State and the people of Cameroon to make all-out effort to host a remarkable celebration of African football in 2019.� He holds that the CAF decision is unfair and undeserving, “It is clear from the outset of this matter, that, our country has been subjected to a treatment which can therefore give rise to questioning.� He used the occasion to call on Cameroonians to be upbeat. “In the face of this blatant injustice, the Government of the Republic urges the People of Cameroon to remain calm and not to indulge into futile arguments.� The Minister of Communication noted that despite the recent

developments, Cameroon will continue construction of its sports infrastructure. “Cameroon has put in a creditable performance. It shall prove it to the entire world by completing with the same determination and on time the construction of these modern infrastructures belonging to the Cameroonian people, as pledged by the Head of State.� The Minister added that, “nevertheless, it is worth underscoring that African football would not match the exploits of other better performing continents in the absence of an ethical conduct. Our country, which has written the pages of African football in bold letters, will not relent her efforts in working with other African countries and international football bodies to develop football in our beloved Africa.� Cameroon is one of the leading football nations on the continent. The country has won five African Cup of Nations Championship five times and was the first African nation to reach the quarter finals of the World Cup. Meanwhile, Sierra Leone have been disqualified from the 2019 African Cup of Nations qualifying competition, the Confederation of African Football (CAF) said yesterday. Football’s world governing body FIFA had suspended the Sierra Leone Football Association (SLFA) in October due to “government interference�. CAF’s decision means Kenya and Ghana are assured of first and second place in Sierra Leone’s group F and have therefore booked their place in next year’s finals. “Sierra Leone is disqualified from the qualifiers and all its matches are annulled,� Caf said in a statement. The row stems from the decision of Sierra Leone’s anti-corruption commission to sack SLFA president Isha Johansen and general secretary Christopher Kamara during an ongoing probe into corruption and mismanagement.

Luka Modric with the award yesterday

ZENITH BANK/ DELTA PRINCIPAL’S CUP

26 Teams Qualify for Zonal Stage A total of 26 schools have qualified for the zonal stage of the 3rdedition of the Delta State Principal’s Cup Football competition sponsored by Zenith Bank Plc. The developmental football tournament which was in limbo for many years was revived couple of years ago

courtesy of a partnership between the Governor Ifeanyi Okowa administration and Zenith Bank. The current edition which started in October at the local government level has produced one winner in each of the 25 LGs except Ughelli North that had two winners from North 1 and North 2.

According to the organisers, this was done because of the size of the LG. The LG winners are as follows: Udu - Orhuwhorun High School, Orhuwhorun, Warri SouthWest - Ogbe-Ijoh Grammar School, Ogbe-Ijoh, Ukwani -Boys Sec. School. Obiaruku, Ethiope West- Oreki Sec. Sch. Oghareki, Ndokwa

West- Community Sec. Sch. Ogbole- Ogume, Isoko NorthSt.Paul Sec. School. Ozoro, Isoko South- St. Michael’s College Oleh, Oshimili North- St. Thomas College Ubusa, Warri North - Iwere college Koko, Ethiope East - Jeta Sec. School. Abraka, Uvwie - Ekpan Sec. School. Ekpan.

WBF Title Bout Proof of GOtv Boxing Night’s Progress, Says Alumona The Managing Director of Flykite Productions, organisers of GOtv Boxing Night Jenkins Alumona, has declared that forthcoming World Boxing Federation Intercontinental super featherweight title fight on Nigerian soil is proof of progress the event has made. The bout, which will headline GOtv Boxing

Night 17, holding on 28 December at the Tafawa Balewa Square in Lagos, will see Nigeria’s Seun Wahab taking on Tanzania’s Issa “Peche Boy� Nampepeche. Speaking in Lagos yesterday, Alumona explained that the WBF International title is one tier below the world title and entitles its winner to take a shot at the latter.

“The WBF Intercontinental title is just a street, away from the world title, so to speak. It puts the winner in the frame for a shot at the world title. From the start, our aim with GOtv Boxing Night has been to stage a world boxing title fight on Nigerian soil. We are happy that we are inching closer to that goal, which we hope will

be realized within a very short time,� he said. GOtv Boxing Night 17, an eight-fight show across weight divisions, will also feature an international middleweight challenge contest between US-based Nigerian, Oluwafemi “The Eagle� Oyeleye and Meshack “Smart Boy� Mwankemwa of Tanzania.

SWAN Congratulates Falcons, Wants Team Overhauled The Sports Writers Association of Nigeria (SWAN) applauds the resilience of Nigeria’s senior national female football team, the Super Falcons for overcoming all odds to win the 2018 African Women Cup of Nations (AWCON) in Ghana. We are happy that the team despite the numerous challenges, also reaffirmed the never say die

spirit of an average Nigerian. This success which has taken the nation’s haul in the continental championship to a record nine times underscores the strength of Nigeria when it comes to female football in Africa. SWAN challenges the Nigeria Football Federation (NFF) to keep afloat its promise by immediately kick starting preparation for the

FIFA 2019 Women World Cup in France. Nigeria has over the years dominated the African scene and the icing of the cake will be excelling at the global stage where unfortunately the country has not been able to impress. SWAN notes that the time to beef up the team is now going by the fact that, apart from losing

to the Bayana Bayana of South Africa in the opening group game, the team equally had to face extra time to win the championship through the lottery of penalty shootout. It is instructive to recall that the African champions struggled to defeat Cameroon in the semi finals, which was also achieved after penalty kicks.

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MISSILE ASUU to FG

“It is not a big issue really. We are not losing sleep over such a directive. This has been a recurring threat since the military era. We are making sacriďŹ ces for our children and for our children’s children. This struggle, for us, is not about bread and butter. If they want to sack us, we encourage them to go ahead and they will have the consequencesâ€? –The Academic Sta Union of Universities (ASUU) stating that its members are not losing any sleep over the federal government’s decision to enforce no-work-no-pay policy against the striking lecturers.

BENMURRAYBRUCE MAKING COMMON SENSE

ben.murraybruce@thisdaylive.com

Opportunity and Dream: Key to All Successes

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ear youths of Nigeria and the world, you who have passed through the chambers of this great university named the American University of Nigeria, Yola, I want to assure you that despite the world class education that you received in these ivory towers, your best days are ahead of you. I want you to understand that because of the knowledge you have gained at AUN and the other schools that brought you to this point, the rest of your lives will be the best of your lives. This is not just feel good rhetoric. This is fact and if you are patient with me, I will use the next minutes to walk along with you as we plot your route to the success that awaits you. When I started Silverbird 37 years ago, I did not even have an office. I strong armed my dad into giving me a corner space at his supermarket, Dominoes. I sweet talked him into giving me a loan of N20,000 Naira. But my greatest asset was my dream of succeeding at whatever I put my hand to. Let us focus on that word dream. I think the proper word for the dreams you have at night should be visions. They are not really dreams. You real dreams are the conscious imaginations you have during your waking hours of where you want to be in future. That type of dream enables you to bring the future into the present so you can mentally plan in three dimensions. Dreams are always focused on the future, because your background should not determine your dreams. Your history should not limit your potential. That you were an orphan selling firewood on the streets, like your founder, His Excellency Atiku Abubakar, should not cause you to dream dreams smaller in size than the dreams of the heir to the British throne. The future is brighter with dreams. Dreams are like a floodlight. Your future is unknown and dark. Many things are hidden in the future. Dreams are the floodlights that you shine into the future so that those things hidden in it can become apparent. Don’t allow people who are focused on your past or theirs to tell you that what you dream of cannot be achieved. Don’t even allow experts define your prospects for you. The world learnt a lesson from the 2016 US Presidential election. Every expert said that Hillary would win. But the future belongs to dreamers and not experts, and that is why Trump’s dreams triumphed over the experts projections. Learn from that my dear young people. And a major ancillary of dreams is opportunity. They go hand in hand. I just told you not to be tied to your history but to go with your potential. Let’s play a semantic game here. O stands for opportunity. Take the word yesterday. There is no o in yesterday because there is no opportunity in

Obasanjo

Atiku

Bannister

yesterday. Take the word today. There is one o in today because there is one opportunity in today. But consider the word tomorrow. Three Os. Why? Because tomorrow is full of opportunities. The word now has one O, but the word soon has two Os. Why? Because the future is full of opportunities. Take hold of tomorrow. Take hold of opportunity. Forget about silly proverbs that opportunity knocks. If opportunity does not knock, then perhaps you have not built a door. There were no world class universities in Yola. There were even no private universities in Adamawa. No one ever thought that a university like the American University of Nigeria, Yola would exist here. If you had asked most people, they would have said such a citadel would be built in Lagos or Ibadan or somewhere in the Southwest. But that was yesterday’s thinking and there is no opportunity in yesterday. Your founder was focused on today and tomorrow and that future focus resulted

in this magnificent place of learning. I had a similar experience as the Director General of the Nigerian Television Authority. When I was appointed in 2000 by President Olusegun Obasanjo, NTA was only broadcasting during daylight hours. I told the staff that we would begin 24 hour broadcasting and they told me it was not possible with the equipment they had. However, two weeks after my appointment, with the same staff and equipment, NTA was broadcasting for 24 hours. What changed? The staff was the same, as was the equipment, as were the physical address. The only thing that changed was the dream. You see, dreams do not just enable you become up to date. They help you become up to tomorrow. How many of you have heard of sir Roger Bannister? I want to see a show a hands. I want to equip each one of you with a picture of what dreams can achieve. A very graphic picture. That is the story of sir Roger Bannister. Prior to 1954, the experts said it was physically impossible for a man to run a mile in under four minutes. The whole world believed the experts, and so no one even attempted to prove them wrong. But one man had a dream and his dream was more real to him than the opinions of the medical experts. So he chose to believe his dreams rather than the opinions of experts. He believed he could run a mile in under four seconds. He told some of his friends and they laughed at him. So he stopped telling people about his dreams. Instead, he started practicing in secret, in private, sometimes under the cover of darkness. After practicing for years, he began awaiting his opportunity. That opportunity came on the 6th of May, 1954, during an athletic competition between his university, Oxford University, and the British Athletic Association. After over a year of diligent preparation, Roger Bannister ran a mile in under four

minutes and forever proved the experts wrong. But that is not the moral of this true story. The amazing thing about Sir Roger Bannister’s epic story is that whereas no one ever ran a mile in under four minutes in all of recorded history up to May 6, 1954, from that date till today over a thousand people have ran a mile in less than four minutes. Why? Because Sir Roger Bannister used the power of dreams and opportunities to conquer the past and usher in a whole new world of possibilities. And listen to me very carefully. If Sir Roger Bannister could do it, if Waziri Atiku Abubakar could do it, if I could do it, then you Mohammed, you Tunde, you Ngozi and you Musa, can do it. I was inspired by Sir Roger Bannister to produce the first Black African Miss World. Like Bannister, many people told me it was an impossible dream because it had never happened before. But I knew the power of dreams. I knew the power of opportunity. Each on its own is powerful. But together, they are invincible. And that is how I felt when I succeeded in producing the first Black African Miss World in 2001 with Agbani Darego. I felt invincible. And it was not just me. That victory was symbolic. It made 70 million Nigerian women feel that they are beautiful and powerful. And it all began with a dream which met opportunity. Listen to me, be prepared for your opportunity.start dreaming today. Today and tomorrow are full of opportunities, and dreams are the only means by which you can catch those opportunities. Ladies and gentlemen, young men and women, thank you for your time and please go from here to fulfill the amazing destinies that your stay here at the American University of Nigeria, Yola, has prepared you for.

Dreams are the oodlights that you shine into the future so that those things hidden in it can become apparent. Don’t allow people who are focused on your past or theirs to tell you that what you dream of cannot be achieved

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