TUESDAY 11TH DECEMBER 2018

Stop Harassment of Political Opponents, Secondus Tells Magu Alleges Atiku, others slated for arrest Iyobosa Uwugiaren, Adedayo Akinwale and Shola Oyeyipo in Abuja The National Chairman of the Peoples Democratic Party (PDP), Prince Uche

Secondus, yesterday warned the Chairman of the Economic and Financial Crimes Commission, EFCC, Mr. Ibrahim Magu, to stop harassing perceived political opponents of President

Muhammadu Buhari or risk exploding the country. "The co The National Chairman of the Peoples Democratic Party (PDP), Prince Uche Secondus, yesterday warned the Chairman of

Presidency, EFCC deny allegations the Economic and Financial Crimes Commission (EFCC), Mr. Ibrahim Magu, to stop harassing perceived political opponents of President Muhammadu Buhari or risk exploding the country.

"The country is on a keg of gunpowder at the moment as a result of your hatchet job for the ruling government and I warn you to get away from this illegitimate job of using the

instruments of state to harass and intimidate opponents,” the main opposition party chairman stated in a statement by his media adviser, Mr. Ike Continued on page 8

Override President’s Veto on Electoral Bill, Agbakoba Urges N’Assembly … Page 8 Tuesday 11 December, 2018 Vol 23. No 8637. Price: N250

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INEC: Politicians Sandwich Naira in Bread to BuyVotes Deji Elumoye in Abuja The Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmud Yakubu, has

accused politicians of inducing voters with money tucked in slices of bread on election days. Speaking in the same vein, the Senate President, Dr.

Bukola Saraki, implored INEC, police and other security agencies to ensure free, fair and credible 2019 polls in the country. Also at the occasion, the

Speaker of the House of Representatives, Yakubu Dogara, expressed worry over the distribution of cash to the public by the federal government ahead of the 2019

elections. Yakubu, Saraki and Dogara spoke in Abuja yesterday at a one-day public hearing on 'Vote Buying and Improving Electoral Processes in Nigeria,”

organised by the National Assembly Joint Committee on INEC. Yakubu said from past Continued on page 8

Aided by Non-oil Sector, GDP Rises to 1.81% in Q3 Oil production climbs to 1.94mbpd James Emejo in Abuja Nigeria's Gross Domestic Product (GDP) growth rate increased to 1.81 per cent (year-on-year) in real terms in the third quarter of the year (Q3, 2018) compared to 1.50 per cent recorded in the preceding quarter, the National Bureau of Statistics (NBS) stated yesterday. In nominal terms, aggregate GDP stood at N33.36 trillion while real GDP was estimated at N18.08 trillion, according to the Third Quarter GDP report, released by the statistical agency. Growth in Q3 was largely helped by the non-oil sector, which contributed 90.62 per cent to total GDP while the oil sector contributed 9.38 per cent to growth in the review period.

Meanwhile, Oil GDP contracted by -2.91 per cent compared to -3.95 per cent in Q2 and 23.93 per cent in Q3 2017. Average daily oil production fell to 1.94 million barrels per day (mbpd), higher than that of the 1.84mbpd recorded in Q2 by 0.10 mbpd- but lower than the 2.02 mbpd recorded in the same quarter of 2017 by -0.08mbpd. Real growth of the oil sector was –2.91 per cent (yearon-year) in Q3, indicating a decrease of –25.94 percentage points relative to rate recorded in the corresponding quarter of 2017. On the other hand, the non-oil sector grew by 2.32 per cent in real terms in Q3, Continued on page 6

Mohammed: Obasanjo’s Support for Atiku Will End in Defeat … Page 6

STANDING AGAINST DRUG ABUSE... L-R: President Muhammadu Buhari; his wife, Aisha; wife of Vice President Yemi Osinbajo, Dolapo; and Chief of Staff to the President, Alhaji Abba Kyari, during the inauguration of Two-Tier Presidential Intervention Structure on Elimination of Drug Abuse, State House, Abuja...yesterday

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Mohammed: Obasanjo’s Support for Atiku Will End in Defeat

Olawale Ajimotokan in Abuja

The Minister of Information and Culture, Alhaji Lai Mohammed, yesterday responded to former President, Chief Olusegun Obasanjo’s persistent support for the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, saying it would end in total defeat. Mohammed spoke in Abuja at a media briefing where he also refuted opposition party’s claim that the federal government’s social investment programme, TraderMoni, was advanced vote-buying. “I want to assure you that his (Obasanjo’s candidate) will be defeated roundly and comprehensively. It is not about endorsement- it won’t win election,� Mohammed said,

contending that Atiku would be no match for President Muhammadu Buhari of the All Progressives Congress (APC). He, however, conceded that the former president has every right to support anyone he likes in the 2019 presidential election. “Obasanjo has every right to support anyone he likes,� he said, adding that such a right is constitutional. TraderMoni Not a Vote Buying Scheme Mohammed rejected opposition parties’ allegation that the federal government’s ‘TraderMoni,’ launched to enable artisanal traders access loans up to N10,000 at the first instance is a vote buying scheme, clarifying that it is a poverty alleviation programme. Responding to the allegation

that TraderMoni was an inducement to voters, he insisted that ‘TraderMoni’ was a trust of the administration’s Social Insurance Programme, which included N- Power, School Feeding Programme, targeting one million students, CBN Anchor Borrowers’ Scheme and cash transfer of N5,000 per month in support of 200,000 families. He disclosed that 1.2 million artisanal traders had benefited from the ‘TraderMoni’ since it was flagged off and argued that it was becoming popular among the public and without political undertone. Mohammed said, “Are they just waking up? We reject the insinuation that TraderMoni is a technical form of vote buying. It is a trust of our social insurance programme and has no political undertone. The opposition is

becoming jittery because it is successful and being embraced by traders. In some states, they are even discouraging potential beneficiaries from coming forward to access the loan. “It is not vote buying, but rather a poverty alleviation programme. We are yet to receive allegations it was being diverted in some states for the purpose it is intended. They also say that school feeding programme is a form of bribery, but we are investing in the future of our children.� The minister spoke on the clamour for presidential candidates to debate salient issues of national and public interests and declared that it is the prerogative of the president to attend any televised presidential debate. He argued that the president has a cabinet, and

every member of the Federal Executive Council will debate on policy issues. “It is the prerogative of the president to decide whether he will attend any debate or not. I think he will decide on that. He has a cabinet and we have been busy selling the policy thrust of the administration to the public. This is what I am doing and I am aware that other ministers are doing similar thing,� he said. He also justified Buhari’s grounds of refusal to assent to the Electoral Act (Amendment) Bill 2018, alleging that it will create uncertainty in the electoral process. The information minister rejected the insinuation by the opposition that the withholding of presidential assent to the amendment bill is a ploy by the ruling party to rig the

election. The minister, who accused the PDP of fabricating fake news to hood-wink the public, added that the opposition was already rejecting the outcome of the 2019 elections and preparing grounds for the loss of the election by asking the Inspector General of Police, Mr. Ibrahim Idris, and Chairman of the Independent Electoral Commission (INEC), Prof Mahmood Yakubu, to resign. “The constitution is very clear on the amendment to the Electoral Act Bill. When a bill is passed to the National Assembly, it goes to the president for assent and INEC has already clarified this position and this bill has not been passed into law yet. So, I don’t see any contradiction,� he said.

of law, it could not guarantee any situation that aimed at cowing the opposition and thwart the will of the Nigeria people. He chided Magu and others who are willing to assist the APC in undermining democracy, to look back at history and know that the consequences are always not palatable.

Orilade, ‘’We have received several calls and email messages asking us to confirm the arrest of the sons of the presidential candidate of the PDP, Alhaji Atiku Abubakar, as being alleged in some quarters. ''Some only said we raided the apartments of Atiku’s son’s looking for foreign currencies. This is nothing but another tales by moonlight.’’ An online newspaper, Premium Times, had reported that an apartment occupied by two sons of Atiku in Maitama, Abuja was searched by antigraft operatives in Abuja over the weekend. The building also houses an apartment occupied by Mr. Chiemeka Orji, son of ex-Abia State governor, Senator Theodore Orji, which was also reportedly searched

STOP HARASSMENT OF POLITICAL OPPONENTS, SECONDUS TELLS MAGU Abonyi. Secondus said that the federal government and the ruling party had listed critical players in the opposition party, including himself; the PDP presidential candidate, Alhaji Atiku Abubakar; his running mate, Mr. Peter Obi; the Senate President, Dr. Bukola Saraki; the Speaker of the House of Representatives, Hon. Yakubu Dogara; and other top party leaders and their associates for arrest on frame up crimes. The party had complained recently that the accounts of Obi, his family members and associates had been frozen by the EFCC, alleging on Sunday that the house of Atiku’s son was raided by the anti-graft agency in a bid to harass its presidential candidate. Secondus said Magu had made himself a willing tool to carry out the APC script

on how to cage and crush the PDP. He said available intelligence showed that former Lagos State governor, Senator Bola Tinubu, and former Akwa Ibom State governor, Senator Godswill Akpabio, were allegedly presiding over clandestine meetings and developing strategies for the APC, which were aimed at freezing critical leaders of the opposition. He said that aside arrest and detention of opposition leaders, their family members and business associates have been lined up for intimidation and harassment, including freezing their business interests and their bank accounts. The party chairman described as an afterthought fabrication, the EFCC denial that the son of the PDP

presidential candidate was not the target in the raid of an apartment housing him in Abuja insisting that information available to the party was clear on who was the ultimate target. Secondus reminded Nigerians that these acts of impunity is in continuation of the embarrassment they caused Atiku on November 11, 2019 when he was thoroughly searched at the Nnamdi Azikiwe International Airport by operatives of the state on his return from overseas. He said, "After that embarrassment and harassment, which was aimed at intimidating the candidate and nothing incriminating was found on him, no apology was extended to him as a former number two citizen. "They followed it up

with the freezing of the bank account of our vice presidential candidate as well as that of his friends and family members as part of a large scheme to keep the party distracted from its focus of regaining power in 2019. “According to the script, PDP will be brought to their knees so that by January they would be finally grounded with their leaders framed up and put behind bars.� He said in the script, APC and the federal government believed that the party could only bark and not bite as observed in the case of Osun and Ekiti States while indeed they were set and determined for the worse rather than lose the election. Secondus warned that while the PDP believed and cherished all ingredients of democracy, including the rule

PDP Condemns Raid of Atiku’s Son by EFCC Meanwhile, the PDP yesterday strongly condemned the invasion of the residence of the son of its presidential candidate, Atiku, by the EFCC. But in a swift reaction, the anti-graft commission denied the reported action. EFCC said in a statement by its acting spokesman, Tony

Continued on page 8

AIDED BY NON-OIL SECTOR, GDP RISES TO 1.81% IN Q3 representing 0.28 percentage points higher than the 2.05 per cent in preceding quarter and by 3.08 percentage points higher compared to the -0.76 per cent recorded same quarter of 2017. According to the NBS, the non-oil sector was mainly driven by Information and communication sector while other drivers include agriculture, manufacturing, trade, transportation and storage and professional, scientific and technical services. According to the sectoral contribution of GDP growth in the period under review, information and communication sector contributed 10.55 per cent to real GDP while agriculture 29.25 per cent to real GDP. Manufacturing contributed 8.84 per cent to growth while services accounted for 48.79 per cent as well as industries which contributed 21.97 percent to real growth. Also, trade contributed 15.80 per cent to real GDP while finance and insurance 2.52 per cent to growth as well as construction which recorded 3.01 per cent to GDP. Reacting to the growth figures, Research Analyst at FXTM, Mr. Lukman Otunuga said the recovery in economic output could shape investor

confidence in the economy going forward. According to him: “Confidence over the recovery of Nigeria’s economy is set to become a dominant theme following reports of the nation’s economic growth accelerating during the third quarter of 2018. “Nigeria’s GDP expanded by 1.81 per cent in the third quarter which represents an encouraging 0.31 per cent rise from the 1.50 per cent achieved in Q2. Although the primary driver behind the economic expansion was rising oil production and elevated oil prices, signs of non-oil sectors contributing to growth is a welcome development. “With the non-oil sector growing by 2.32 per cent in real terms during Q3, Nigeria continues to showcase to the global arena that it remains on a quest to break away from oil reliance.� He said: �With economic growth expected to gain momentum next year on the back of increasing government spending ahead of the presidential elections, Nigeria’s outlook remains encouraging. OPEC’s deal to cut oil production by 1.2 million barrels a day is seen offering near-term support

to oil – a scenario that will most likely support Nigeria’s government revenues and the Naira exchange.� Also, Professor of Finance and Capital Market at the Nasarawa State University, Keffi, Prof. Uche Uwaleke, said the growth in GDP called for jubilation as it signaled a rebound to upward trajectory. According to him: �The Q3 2018 GDP report which showed the economy grew by 1.8 per cent compared to 1.5 per cent in Q2 is cheering news because it marked an end to the downward trend in GDP growth noticed since the first quarter of this year. “Of note is the performance of the non oil sector where marginal improvements were recorded in manufacturing, especially cement production, Transportation and agriculture. This outcome may have been helped by the implementation of the 2018 budget which kicked-in at the beginning of the third quarter, the relative stability in the exchange rate as well as the CBN's interventions in the real sector. Be that as it may, the growth is still weak and fragile particularly with respect to the sectors that have strong linkages to jobs.

He said, “The performance of the financial services sector which is critical to the economy is disappointing. Going forward, there is the need to vigorously implement the capital component of the 2018 budget, invest more in education and health sectors which are lagging behind, tackle the incessant farmers-herdsmen clashes weighing down on food production and enhance access to credit by target beneficiaries of the various CBN intervention schemes. “Overall, improvement in the ease of doing business will go a long way in increasing the risk appetite of financial institutions in Nigeria which will positively rub off on GDP growth.� On the contrary, another renowned analyst, who pleaded anonymity because of his dealings with the present government told THISDAY that the latest growth figures were nothing to celebrate. According to him, �GDP in the third quarter of 2018 to 1.81 per cent from 1.51 per cent in Q2 2018 is still nothing to cheer about. It still remain slow, epileptic growth since our exit from recession in 2017. “The growth remains not all inclusive and susceptible

to external shocks beyond our control like movements in oil prices, as though oil sector constitute only about ten percent of our GDP, it contribute at least ninety percent of our foreign exchange earnings.� He said, “Growth in GDP remains less than average population growth of three percent , thereby remaining negative growth as same can not in itself translate to job growth. Given unemployment rate of 18.8 per cent and youths unemployment/ underemployment of 52.65 percent as per latest NBS data of September 2017, it's clear that GDP growth since we slumped into recession in 2016 has not translated into improved living condition for average Nigerians. “Government need to deal with two fundamental problems of the economy in foreign exchange management and oil subsidy to enable opening the economy for improved, faster growth that will support improved employment generation. “Government needs to stop oil subsidy and encourage more private sector driven modular refineries. This will save the huge foreign exchange spent on fuel importation

as well as subsidy thereby channeling same into improved infrastructure and investment in agriculture and manufacturing and enhanced job growth. This will allow the economy build on realistic, sustainable growth.�

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Override President’s Veto on Electoral Bill, Agbakoba Urges N’Assembly Deji Elumoye in Abuja Former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), has advised the National Assembly to override President Muhammadu Buhari’s veto of Electoral Act (Amendment) Bill 2018. In a letter dated December 10 titled 'Overriding The Presidential Decline to Assent to 2018 Electoral Act' and addressed to both Senate President, Dr. Bukola Saraki, and Speaker of the House of Representatives, Hon. Yakubu Dogara, Agbakoba said the decision of the president to withhold assent to the bill

to enact a law to amend the Electoral Act makes no sense. According to him, the final draft of the bill considered by the lawmakers was agreed with the president, precisely to avoid current challenges, emphasising that the major amendment to 2018 Electoral Act relates to electronic technology for the conduct of the 2019 elections. The legal luminary added that the 2018 amendments would have helped to improve the credibility of the nation's elections and also give legal basis for the Independent National Electoral Commission (INEC) to deploy electronic technology in 2019 elections,

following doubts cast by the Supreme Court about the legality of the use of card readers because it was not provided in the old Electoral Act of 2010. He said, "The 2015 elections were partly conducted by INEC, using smart cards (card readers) but the Supreme Court held that smart cards are not allowed, not been included in the Electoral Act 2010. The 2015 elections were also partly conducted by INEC using incident form; in effect smart cards and incident form were both used to conduct 2015 elections. Members of National Assembly will recall that there was a lot

of controversy about the use of incident forms as it enabled non accredited persons to vote, questioning the credibility of the elections." Further justifying the need for the enactment of the Electoral Act, Agbakoba stated that in order to remove constraints that will impact the credibility of future elections, such as that of 2019, the Electoral Act 2010, was amended by the 2018 bill, to formalize the legal basis of the smart card which was already in use for elections by INEC anyway. "It will be recalled that the Supreme Court declared use of smart cards as contrary to

the Electoral Act 2010, so the 2018 amendment is intended to give INEC a legal basis to use smart cards and electronic technology,� he said. The Electoral Act 2018 Bill, he further said, also introduced the extremely important procedure of transmitting results of votes from polling units by electronic means, adding that electronic transmission will remove rigging and enhance the credibility of the vote count. He explained, “INEC says it is familiar with the amendments contained in the 2018 Electoral Bill. INEC has used smart cards at all elections from 2015. INEC has submitted an election

budget, which provides for smart cards and transmission equipment.� Agbakoba also faulted the claims of the president that part of the reason for withholding assent, is that INEC will not have enough time to familiarise with the 2018 bill and that a new act will generate confusion. He said, "This is simply incorrect and flies in the face of INEC’s announcement that it will not use incident forms or manual voting in 2019 elections. In other words, INEC is ready to deploy electronic technology for 2019 elections, and only requires that the Electoral Act provides a legal framework."

the 2015 general elections, the country cannot afford to lower the standard in 2019, saying, “We must up the ante, because whatever we do will have impact on the continent and serve as a representation of Africa on the global stage.� According to him, vote buying and election rigging remain contemporary challenges that mar the nation’s electoral process. “We must deal with them in such a manner that does not detract from the credibility and legitimacy of the coming 2019 Polls,� he said. Saraki stated that the country's major concern should be entrenching global best practices in its electoral process while ensuring that these are backed by legislations to make them sustainable and permanent. He said the use of Incident Form to bypass the lawful process of accreditation and voting must be discarded. According to him, “This is one of those issues concerning which, whether there is a law or not; all of us who are stakeholders should come to agreement and address the anomaly. At the very least, this is one minimum condition that we must meet as we move towards 2019 polls. All stakeholders should demonstrate the fact that a credible and transparent election is far better and

more important than who wins that election. “We cannot afford to send the wrong signals with our actions or inactions as we prepare for the next elections. The world must take positive cues from us that we are ready to improve on our process, and make our electoral process more transparent and commendable. This is because perception matters, as you all know. Perception is, in fact, the reality.�

Also speaking at the occasion, Dogara expressed worry over the distribution of cash to the public ahead of the 2019 elections. He said the trend of giving N10,000 loans to petty traders by the federal government through its TraderMoni scheme was worrisome. The House speaker said no matter how noble the scheme may be, it is in contravention of Section 124 of the Electoral Act. “It is instructive to note that the electoral act anticipated and captured most forms of electoral fraud including inducement and vote buying. I hope we will have the courage at this event to address the distribution of cash to the public very close to general

elections by public officials,� he said “I am afraid that such endeavors no matter how noble the intentions behind them may fall within the all encompassing provisions of S. 124 (1)(a); (b); (c); and S.(124)(2)(4)(5) and S. 130 of the Electoral Act. “Although penalties are not stringent, there is also lack of political will to implement the laws as it is even if it were to offer feeble deterrence to violators. Arrest are hardly made and even where arrests are made, prosecutions are unheard of. “A more worrisome dimension to vote buying is the alleged use of the officials of the electoral umpire, INEC, and officers of security agencies to induce, or intimidate and coerce voters to vote for particular candidates. “Such absurdities have been widely reported in the media and confirmed by some local and international observers in respect of the recently concluded governorship elections in Osun State. As expected, all lovers of democracy worldwide rose to condemn these despicable incidents. “Condemnation is not enough, it will amount to hypocrisy, if we don’t take the bull by the horn by taking concrete steps to eliminate these evils that make mockery of our hard worn democracy.�

Atiku's sons neither were Atiku's sons among the two boys arrested. There is no link whatsoever to Atiku.’’ Presidency Fires Back at PDP, Says You’re Peddling Fake News Also denying the PDP’s claims, the presidency urged Nigerians to discountenance the alleged search on the apartment of two sons of Atiku. Responding to the allegations, the Senior Special Adviser to President Buhari on Media and Publicity, Mr. Garba Shehu, said, “PDP is now a flowing stream of fake news,� adding, “Our advice to Nigerians is: ignore them.� According to the presidential spokesperson, “The story about the raid ‘ordered by Buhari-led government’ on the home of

PDP presidential candidate, Atiku’s son and the fairy tale on the alleged blockage of the bank accounts of the running mate, Governor Peter Obi and his family are both untrue, and should be dismissed as just another manifestation of t PDP’s growing expertise in fake news. “Nigerians must be becoming wary by now, of a political party with absolutely nothing to offer in the coming elections and has instead, transformed into a knight in shining armor, slaying the truth. In this socalled transformation, PDP has changed into nothing but to a ceaselessly flowing stream of fake news. “It is impossible to find in Nigeria today, anyone propagating fake news more than the PDP.�

INEC: POLITICIANS SANDWICH NAIRA IN BREAD TO BUY VOTES elections conducted in the country, the electoral body had identified politicians as vote buyers and sellers through various forms, including inducement of prospective voters with naira notes sandwiched between two slices of bread. "When I talk about sandwich we are not talking of bread but ways politicians induce voters by sandwiching naira notes in two slices of bread. I am talking of sandwich not as food but as tool used by politicians for voting exercise,� he said. He identified other items used by politicians to further induce voters on election days to include branded food items, kitchen utensils, automobiles, clothing, and toiletries. According to him, INEC on its part, does not sell or buy votes. The INEC boss warned that vote buying should not be allowed to define Nigeria's election, adding that such aberration is not acceptable. "Vote buying is not acceptable; it must never be allowed to define our elections. It is illegal and morally wrong. It denies citizens quality representation and gives us bad name internationally,� he said, adding, “It does not give us a good representation.� Noting that such development denies the citizens quality representation

and gives the country a bad name before the international community, the INEC boss said rather than the public hearing, the National Assembly ought to have held a confessional hearing. "We talk too much as a country. We should stop talking and move on as a nation. We need a confessional hearing rather than this. We should call the people and ask them how they do it. INEC does not buy or sell votes,� he said. Yakubu called on the legislators to pass the Electoral Offences Tribunal Bill into law as recommended by Justice Muhammadu Uwais, Lemu and Ken Nnamani Electoral Reform Committees, adding that vote buying is not only a Nigerian issue, but has taken international phenomenon. "The problem has been with us for a long while and it has become an international phenomenon. It is not just a Nigerian problem. In order to address this, we need to break the chain of voters’ inducement. We have so many instances, where aspirants induced electorate and candidates induced voters," he said. Yakubu further noted that the challenges behind vote buying are impunity and poverty, stressing that when voters are beginning to chase vote buyers, it becomes a serious problem.

He, however, called for synergy between INEC, security agencies and the lawmakers, for a solution to vote buying. The INEC boss further displayed the strategies being put in place by the commission, using specimen presidential ballot paper, to defeat the antics of vote buyers in the coming general elections.

Saraki Canvasses Credible Polls in 2019 Meanwhile, Saraki has advised INEC, security agencies and all election stakeholders to ensure that next year's elections are free, fair, credible and transparent. This, he said, has become imperative as the country is in a delicate situation where Africa and the entire world are looking forward to what happens in the coming elections. “This is understandable when you consider that our president is the Chairman of ECOWAS. Moreover, the Chairman of our INEC is the head of Electoral Commissions in West Africa. With these positions, it is clear that we cannot afford to conduct an election that will not be credible, peaceful, free and fair.� Saraki noted that having set an enviable record in

Dogara Describes FG’s Cash Disbursement as Corruption

STOP HARASSMENT OF POLITICAL OPPONENTS, SECONDUS TELLS MAGU by anti-graft operatives. The National Publicity Secretary of the party, Mr. Kola Ologbondiyan, while reacting to the invasion, said the present administration had unleashed unwarranted attacks on the opposition members. According to him, “They have unleashed attacks on our members and on families of our presidential candidate and vice presidential candidate. All they've resulted to now is intimidation and harassment of the opposition leaders. “So, we condemn a very strong terms possible, the invasion for no just reason of the residence of the son of our presidential candidate.� Ologbondiyan recalled that just last week the vice presidential candidate of the party had his account,

his wife's account and that of their businesses accounts frozen. He added, “Now the EFCC went to the house of the sons of our presidential candidate, picked one of his friends, drilled him on allegation that our presidential candidate was keeping dollar in that house. “They turned the house upside down and found nothing in the residence. It is unimaginable that a government, which contested election with a sitting government and won through the ballot, has descended to this type of outlandish attack, intimidation, humiliation of the opposition members and their families.� But denying the action yesterday, EFCC said it was in the news that it had been investigating the former Abia

governor, Orji, over alleged N27 billion money laundering, saying that in the course of investigation, it discovered that he laundered part of the money through his sons, adding it had been on the trail of some of the purchases made by his son including the cars the boys allegedly bought. It explained, ‘’Last Friday, we traced one of the cars to a nightclub in Abuja. In order not to cause panic, we waited until the business of the club was over and when the owner of the suspected car came to enter to take off, we arrested him and his friend who has a similar brand of car. That was about 5am on Saturday, December 8, 2018. ‘’The two boys we arrested were Ogbonna Orji, 32, and Kelvin Ilonah. While Orji's car, a Range Rover is valued at

about N100 million, Ilonah’s car also a Range Rover, is valued at N35 Million. ‘’In the course of further interrogation, the two boys led us to their apartment, three flats, and documents retrieved from the apartment showed it was rented for N13 million each per annum.’’ The commission further claimed that another brand new Prado Jeep, a 2017 model was recovered from the boys in the compound, saying the two boys in question gave useful information to the commission, which is helping in our further investigation. According to the commission, ‘’The EFCC, as a responsible organisation is abreast of the establishment mandate and we shall not deviate from such mandate. ‘’We never went after

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

CBN Includes Fertiliser among Items ‘Not Valid for Foreign Exchange’ Obinna Chima The Central Bank of Nigeria (CBN) yesterday announced its restriction of access to foreign exchange (FX) for the importation of fertiliser from the official FX window.This is coming exactly 10 days after the CBN Governor, Mr. Godwin Emefiele, hinted of plan to expand the number

of items not valid for FX from the official window. The latest development brings the list of items not eligible for FX to 42. The central bank disclosed this in a circular titled: “Re: Inclusion of Some Imported Goods and Services on the List of Item ‘Not Valid for Foreign Exchange’ in the Nigerian Foreign Exchange

Nigerian Army Has Committed War Crimes against Humanity, Says ICC Segun James The International Criminal Court (ICC) has said Nigerian security forces (NSF) have committed war crimes against humanity. In a report sent to TheCable, the ICC said it has received “a total of 169 communications” from Nigeria and its assessment has shown that security forces in Nigeria have committed war crimes varying from murder, torture, and intentionally attacking the civilian population. “Specifically, the office found a reasonable basis to believe that the NSF committed the war crimes of murder pursuant to article 8(2)(c)(i); torture, cruel treatment pursuant to article 8(2) (c)(i); outrages upon personal dignity pursuant to article 8(2) (c)(ii); and intentionally directing attacks against the civilian population,” the ICC said. The ICC prosecutor, Fatou Bensouda, in her annual report on preliminary examination activities (2018), also said the ICC found reasonable basis to believe that Boko Haram also committed war crimes against humanity. “Furthermore, the Office found a reasonable basis to believe that Boko Haram committed the war crimes of murder pursuant to article 8(2) (c)(i); cruel treatment pursuant

to article 8(2)(c)(i) and outrages upon personal dignity pursuant to article 8(2)(c)(ii)”. The ICC added that Boko Haram was “intentionally directing attacks against the civilian population or against individual civilians pursuant to article 8(2)(e)(i); intentionally directing attacks against buildings dedicated to education and to places of worship and similar institutions pursuant to article 8(2)(e)(iv); pillaging a town or place pursuant to article 8(2)(e)(v); rape, sexual slavery and sexual violence pursuant to article 8(2) (e)(vi)”. The office of the prosecutor added that the ICC met with the Attorney General of the Federation and Minister of Justice, Abubakar Malami, to further investigate eight potential cases of war crimes against humanity. ICC said several “files pertaining to alleged violations by members of the army were submitted to the Office (of the prosecutor). These files relate to a limited extent to the two potential cases identified by the Office”. “Of the 27 files provided to the Office, 24 either lacked information to determine their relevance for the admissibility assessment or did not appear relevant.

Buhari Inaurates Committees to Tackle Drug Abuse Osinbajo blames Nigeria’s woes on corruption Shola Oyeyipo in Abuja President Muhammadu Buhari yesterday inaugurated presidential intervention committees that will eliminate the growing spate of drug abuse in Nigeria. This inauguration of the committees is coming as Vice President Yemi Osinbajo has said poor management of resources by past administrations and not availability of resources was responsible for the country’s woes. The president also implored states to set up similar implementation committees at their levels. The committees, inaugurated in the councils chamber of the presidential villa Monday included an high level Ministerial Steering committee headed by the Secretary to the Government or the Federation (SGF), Boss Mustapha and a Presidential Advisory Committee headed by former military administrator of Lagos State, Brigadier General

Buba Marwa (rtd). Meanwhile, Vice President Yemi Osinbajo has said poor management of resources by past administrations and not availability of resources was responsible for the country’s woes. The Senior Special Assistant to the President, Media and Publicity, Office of the Vice President, Mr. Laolu Akande, said Osinbajo made the assertion when answering questions from Nigerians resident in Germany on Sunday. Nigeria’s ambassadors to Germany, France, Italy, Switzerland and Belgium participated were part of the interactive session held in Berlin. “The greatest problem Nigeria has is one of grand corruption; that is the biggest problem we have; not the problem of planning or plans; and grand corruption is the reason why we are not moving as fast as we should in our country,” Osinbajo said.

Market,” that was obtained yesterday. The two-paragraph document dated December 10, 2018, was signed by the Director, Trade and Exchange Department, CBN, Ahmed Umar. The CBN had in July 2015, restricted 41 items, including vegetable oil, poultry products, toothpicks, cosmetics, plastic and rubber products, among others, from accessing foreign exchange from the interbank foreign exchange market. Importers of the restricted items were asked to source their forex requirements from autonomous sources. However, in the latest circular, the banking sector regulator explained: “In the continued effort to sustain the achievement recorded from the classification

of 41 import items as ‘Not Valid for FX’ in the Nigerian FX market, authorised dealers and the general public are hereby notified of the inclusion of “fertiliser” on the list effective from Friday, December 7,2018. “However, CBN will ensure that transactions (Form ‘M’) on fertiliser for which payments are outstanding are settled at the appropriate settlement dates.” Meanwhile, in a separate letter to all banks dated December 10, 2018, the Director, Financial Policy and Regulation Department, Mr. Kevin Amugo, explained that the decision to restrict forex to the 41 items in 2015, had led to employment generation and inclusive growth in the country. Furthermore, he said

the policy has resulted in “massive investments and the establishment of cottage industries that now engage in the production of the restricted items across the country.” He, however, revealed that, “unfortunately, trade information available to the CBN indicates that the circumvention of the policy as the restricted items are being dumped in the country.” The implication of this, according to Amugo, was that growth and employment benefits that arose from the policy may be eroded if not checked. “The CBN views this development with trepidation. The Economic Intelligence Unit of the Bank in collaboration with the Economic and Financial Crimes Commission

would commence immediate investigation of the accounts of the corporates and entities engaged in this unwholesome act, with a view to visiting severe sanctions on all culprits. “Such sanctions would among others include blacklisting the corporates and their directors; closure of their bank accounts and restricting them from maintaining any bank account in any bank under the CBN remit. “Banks that provided their platforms for such economic abuses would also be properly sanctioned. “Banks are by this notice advised on strict compliance with the Know-Your-Customer and Know-Your-CustomerBusiness requirements and to be properly guided.”

FOR CLEANER ELECTORAL PROCESS…

L-R: Speaker, House of Representatives, Hon Yakubu Dogara; Senate President, Dr. Bukola Saraki; and Chairman Senate Committee on Independent National Electoral Commission, Senator Suleiman Nazif, during a one-day public hearing on ‘Vote Buying and Improving Electoral Processes in Nigeria’ organised by National Assembly Joint Committee on INEC, in Abuja…yesterday Julius Atoi

Unpaid Subsidy Claims: Depot Owners Give Five-day Grace Peter Uzoho The Depot and Petroleum Products Marketers Association (DAPPMA) has suspended its planned shutdown of depots across the country from loading petroleum products effective from 12-midnight on Sunday, December 9. The suspension directive was conveyed in a statement issued yesterday in Lagos by DAPPMA’s Executive Secretary, Mr Olufemi Adewole, and made available to journalists. “Recalls the association had

issued a shut down directive to our members following the continuing indebtedness of the federal government to the petroleum marketers. “However, following the intervention of well meaning Nigerians including the National Assembly as represented by the Senate Committee of Petroleum Downstream and constructive engagement of the federal government team by the labour unions most affected by the disengagement of our personnel, namely, PENGASSAN, NUPENG

NARTO, PTD, and DAPPMA. “The union has resolved to recall its disengaged personnel for five days to give the federal government’s team the opportunity to conclude its process of paying marketers the full outstanding of N800 billion with the first tranche being the amount already approved by the Federal Executive Council (FEC). “The association has acted in good faith to avoid unnecessary hardship, which could befall Nigerians during the Yuletide season and we hope that

government would make good its promise to see that those issues are resolved by Friday, December 14, 2018 as promised. “To this end, our disengaged personnel was recalled on Monday, December 10, and considering the reactivation time or hitherto shut down system, all depots with fuel stock should be fully active same day,’’ he said. Adewole said the conclusion of the debts payment would curtail the continuing wastage of public funds as interest accruing on the over N800 billion debt.

Ezekwesili Urges Buhari to Sign Electoral Bill The presidential candidate of the Allied Congress Party of Nigeria (ACPN), Dr. Obiageli Ezekwesili, has faulted President Muhammadu Buhari’s refusal to sign the amended Electoral Act. She said that the refusal would lead to a regression in the progress so far made in Nigeria’s democratic journey since 1999. At a World Press Conference in

Abuja yesterday, the presidential candidate wondered why President Buhari wanted to destabilise the country with the 2019 elections. Ezekwesili said, “The 2019 elections are looked upon as the moment Nigeria must entrench electoral integrity and level playing field for all contestants. Regrettably, President Muhammadu Buhari has by his self-serving opposition

to the Electoral Act Amendment Bill 2018 shown that he wishes to subvert the will of the Nigerian people for the conduct of a credible election in 2019. “Simply put, President Buhari has decided to singlehandedly imperil the 2019 elections by choosing to regress the progress so far made in Nigeria’s democratic journey since 1999.

“As a candidate in the 2019 election for the office of the President of the Federal Republic of Nigeria, I demand that President Buhari immediately reconsiders his latest fourth rejection of the electoral bill. The President is dangerously setting the country and people up for political destabilisation in 2019.”

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Court Dismisses Ex-governor Oni’s Eligibility Suit against Fayemi Victor Ogunje in Ado Ekiti Reprieve came for Governor Kayode Fayemi of Ekiti State yesterday, as the Ado Ekiti Division of the Federal High Court dismissed the suit filed by a former governor of the state,

Chief Segun Oni, challenging his eligibility to contest the July 14, 2018 governorship poll. Oni was challenging the decision of the All Progressives Congress (APC) to field Fayemi as its candidate despite not resigning his position as

minister 30 days to the May 26 primary election of the party. Oni, who was an aspirant in the election, is challenging Fayemi’s eligibility on the grounds that the governor did not resign his appointment as Minister of the Federal Republic

I Must Free Lagos from You, Agbaje Tells Tinubu Segun James The Peoples Democratic Party (PDP) gubernatorial candidate in Lagos State, Mr. Jimi Agbaje, has said the state must be freed from the stranglehold of its former governor and National Leader of the All Progressives Congress (APC), Bola Tinubu, if the state must move forward. Agbaje said one of the ways to stop Tinubu is to cancel the running contract of the Alpha Beta Consulting, a firm said to be owned by Tinubu. According to Agbaje, the firm receives certain percentage of the revenue Lagos earns in taxes, which he alleged is against international best practices. “I could be here all day talking about Free Lagos. Let me start from the basic Freedom of Information Act; Lagos is still run like a closed shop; like a private company. “Lagos has refused to domesticate the Freedom of Information Bill; so, we don’t know what plays out in Lagos. So, we are talking of freedom to have access to exactly how they are running our government. “In the last 20 years, Lagos has spent some N7 trillion, and we

Nigeria’s Foreign Trade Rises to N9.02tn in Q3, Says Report James Emejo in Abuja Nigeria’s total external trade increased significantly to N9.02 trillion in the third quarter of the year (Q3, 2018) compared to N6.90 trillion in the preceding quarter, according to the National Bureau of Statistics (NBS). The increase indicated a rise of N2.12 trillion or 30.7 per cent against Q2 estimates. The report showed that the total value of export stood at N4.85 trillion, representing an increase of 7.8 per cent over the N4.50 trillion recorded in Q2. and 35.7 per cent over the N3.58 trillion in Q3, 2017. On the other hand, the import component stood at N 4.17 trillion in Q3, indicating a 73.8 per cent increased over the N2.40 trillion in the preceding quarter. According to the Foreign Trade Statistics for the third quarter, which was released by the statistical agency yesterday, the import position was “due to importation of submersible drilling platforms in August which was quite expensive and of course occasional importation. “In the same way, there was a rise of 67.7 per cent when compared with the import value of the corresponding quarter in 2017.”

are asking what have we got for N7 trillion? Are we getting value for money? “Out of that N7 trillion, there is a private company that takes a percentage of that N7 trillion, and we are asking, for what purpose? There is private company fund collector, Alpha Beta or whatever, collects that much. “We don’t even know what the percentage is; it could be 12 per cent, 10 per cent, it could

be eight per cent.” On the legality of the contract between the state government and Alpha Beta, Agbaje stressed that “it is not about being legal; it is about being moral, because if you tell me that of every amount of money that Lagos spends, there is a private company that is collecting, and I am asking, that is taxpayers money, why should it be, to what purpose?”

of Nigeria 30 days before the party primaries . He also said Fayemi was not fit to contest having been indicted for financial impropriety by Justice Silas Oyewole-led Commission of Inquiry. The commission of inquiry was set up by former Governor Ayodele Fayose to probe the finances of the state government when Fayemi was governor of the state between 2010 and 2014. Among others, Oni, through his counsel, Chief Anthony Adeniyi, prayed the court to void the votes cast for Fayemi for refusing to resign and the indictment. He also wants to the court to withdraw the Certificate of Return issued to Fayemi, and declare him (Oni) as duly nominated APC candidate and the duly elected governor in the July 14 election. But Fayemi, though his lawyer, Chief Rafiu Balogun,

urged the court to strike out Oni’s suit for lack of merit. The governor averred that he was not a civil servant or an official of APC, hence the resignation clause was not binding just as he added an Abuja court had quashed the decision of the commission of inquiry. The case, which had earlier commenced at an Abuja Division of Federal High Court, was transferred to Ado Ekiti last week. Justice Uche Agomoh, while ruling on the suit yesterday, dismissed the suit for lacking in merit, saying: “I am of the firm view that the originating summon is hereby dismissed” Agomoh, who resolved the issues for determination in favour of Fayemi, said the governor could not be disqualified on the basis of the report of the Commission of Inquiry whereby an Abuja court had quashed the indictment.

The judge said: “Indictment does not satisfy the definition of conviction. He cannot be disqualified”. Agomoh also said: “The issue of 30 days resignation before election does not apply in this case,” saying the applicant’s claim that Fayemi was an official of APC and a public servant could not be proved. According to the judge, Fayemi, as a minister of the federation was not a public servant but a political office holder and appointee of the President, hence the 30 days resignation stipulation did not apply. Counsel to Oni in his response, said; “We are going to study this judgment to determine the next cause of action”. In his response, lawyer to Fayemi described the judgment as wonderful, saying “the court agreed with the positions of the law in arriving at the verdict”.

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COMMENT

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

AS AMOSUN REFLECTS ON HIS TENURE

Soyombo Opeyemi writes that the out-going governor has performed admirably to earn Ogun State much economic might

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or the Ogun State governor, Senator Ibikunle Amosun, Thursday, November 29, 2018 was significant. It marked his seven and a half years in the saddle of the leadership of Ogun State. While speaking with newsmen, Amosun, in a subdued emotion, reflected on the seven and a half years’ journey. He knew his days as governor would soon be over. The atmosphere is perfumed with politics but Amosun is consumed with passion for development. He spent the day inspecting some legacy projects in company of some investors, including Chief Tayo Amusan of the popular Shoprite, who told newsmen how the governor mounted pressure on him to come and invest in his home state. Amosun often calls up on phone ‘sons of the soil’ to come home and invest. A massive state-of-the-art specialist General Hospital is under construction just like the first-class Judiciary Complex. If Ambassador Chris Cooter, then Canadian High Commissioner to Nigeria, had accompanied us as we moved from one construction site to the other on Thursday, he would have recalled his memorable words on April 14, 2013: “The Governor has been emphasizing that his administration is very particular about hard work... I look at the construction going on, definitely, I am impressed. It is going to transform the state, no doubt. Whether it is canal, the road network, health or education, clearly, I can see a demonstration of the ‘can do attitude’. I have not been to a state where people are working quite as hard as this one, and I have been in most of them now....� Today, there is Shoprite in Ota while that of the City Centre in Abeokuta is under construction. Over 700 companies have berthed in Ogun in the last seven and a half years. Nearly half of these are hundreds of millions of dollars investments, generating massive direct and indirect employment. Ogun State under Amosun attained its peak in recent memory when it attracted 70 per cent of Foreign Direct Investment in the manufacturing sector in Nigeria into the state, according to the report of the Manufacturing Association of Nigeria. Ogun State did not become the industrial hub of Nigeria because of its proximity to Lagos. Ogun has always shared borders with Lagos and Republic of Benin for ages. How come the state suddenly became the investors’ destination of choice? Yes, “A loss for Lagos is Ogun’s gain� as Financial Times

OGUN STATE DID NOT BECOME THE INDUSTRIAL HUB OF NIGERIA BECAUSE OF ITS PROXIMITY TO LAGOS. OGUN HAS ALWAYS SHARED BORDERS WITH LAGOS AND REPUBLIC OF BENIN FOR AGES. HOW COME THE STATE SUDDENLY BECAME THE INVESTORS’ DESTINATION OF CHOICE?

puts it. That’s true in terms of limited land in Lagos. But companies do no go to any place without first counting the cost. Will my business be safe and secure? Is there a market for my products? What about infrastructure, tax regime, ease of doing business in general? Amosun did not fold his arms such that it is the proximity to Lagos that turned Ogun to investors’ destination of choice. He fought insecurity to standstill in 2012. Businesses, as we know, are cowards. Companies now run shift rather than closing before nightfall as a result of insecurity, as was the case before the current government was inaugurated. At the first Ogun State Investors’ Forum in 2012, the governor announced various rebates and ease of land acquisition for genuine investors. It’s now easy to set up a business in Ogun. This much led to a global recognition for the state by the World Bank. The establishment of One-Stop-Shop seems to cap the efforts at marketing Ogun State to investors who detest having to move from one government agency to the other - endlessly in order to establish their businesses. Much has been written on the huge investment of the government in infrastructure - road, power, housing, etc. The Biennial Investors’ Forum and Annual Breakfast Meeting with Investors have played a major role in the industrial leap of the state, transforming it to the current centre of attraction for investments. As it happens, the 2016 piece, “Industrialists’ Vote of Confidence in Ogun State� seems to have become prophetic. “It was the Breakfast Meeting with the Organised Private Sector. For days I remained in thrall to this wonder. It was simply mind-boggling, exhilarating. Even Managing Directors of some blue chip companies almost could not secure seats. I am not a prophet. Indeed, you do not need any power of prognosis or gift of clairvoyance to know that the breakfast event reveals that Ogun State will sooner than later industrially attain a larger than life image and bulge at the seams by the sheer number of industries that will compete for space in its domains.� Politics is in the air, one must reckon. But even the worst political enemy of Amosun believes he has played his allotted part in the advancement of the state and will bow out of office in six months’ time holding his head high. Soyombo, media aide to Ogun State governor, sent this piece via densityshow@yahoo.com

WORKING AGAIN OR NEXT LEVEL

The ‘next level’ strategy of fighting corruption is uninspiring, argues Matthew Ayibakuro

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t has been just over a week since the two leading political parties in Nigeria – the PDP and the APC – launched their respective presidential campaigns. Beyond the fanfare and contrivances that overly dominate electioneering times, it is critical to our democratic experience that the promises and plans of candidates and parties are not taken for granted. It is expedient that citizens are able to interrogate proposed strategies in various sectors to establish, in this context, how exactly things will get “working again� or taken to the “next level�.

On anticorruption, it is rather instructive that the campaign strategy document of the incumbent, President Muhammadu Buhari, provides very negligible information on how the government plans to address corruption going forward, if reelected. The relevant section of the strategy simply states that “to eliminate the scope of systemic corruption, we will emphasise technology enabled e-Governance�. This is literally all the information on anticorruption found in the strategy. Beyond this, the president, in his speech at the launch of the campaign, declared that grand scale corruption perpetrated at the highest level of government is now a thing of the past. The president made specific reference to the impact of the Treasury Single Account (TSA) in making it difficult for ministries, departments and agencies to exercise the unrestrained liberties that helped foster an environment conducive to corruption. However, later in his speech, he conceded that despite the gains made, there is still much to be done to stop systemic corruption. To succeed in this area, he reckoned that moral integrity and conscience must continue to form the dominant character of our nation and its leadership. He therefore reiterated the commitment of his government to deepen its ongoing work of organizing and utilising the country’s assets and resources to do good for the common man. For any common man interested in grasping the

prospects of anticorruption in 2019 and beyond if President Buhari was re-elected, this document provides very little to go on. A singular promise to emphasise the use of technology through e-governance in the whole strategy document as the plan to address corruption does not do justice to the rationale of providing a campaign strategy document for citizens to meaningfully engage an election process. Even though this keeps with the overall tone of the next level document which is discernibly terse on details, the phrasing of the single plan on anticorruption either underestimates the significance of the document or carries a subtext that is easily lost on anyone who reads the document. Taken literally, the importance of e-governance and the use of technology to address corruption and improve governance is obviously indispensable in the 21st century. Indeed, all previous administrations have demonstrated an appreciation of this fact, even though positive action taken in furtherance of it has differed. The present government has also taken notable steps in this regard, including the ICT-driven innovations being implemented by the Corporate Affairs Commission, Federal Inland Revenue Service, and the Nigeria Immigration Service, amongst others. The reference to emphasizing e-governance as the main strategy for dealing with corruption in 2019 and beyond is therefore simply commonplace and uninspiring. The implication of the lack of a discernible strategy in this regard is that Nigerians are left with the choice of forecasting the prospects of anticorruption in 2019 based on the initiatives and actions taken by the current administration. And in this respect, there is no shortage of material. This was after all, a government that rode into power on the wings of “fighting corruption�. Three and a half years later, there is ample evidence to assess what has gone well thus far and what has not. This also provides a basis for estimating what the next level would and should entail.

Whilst there are many who would dispute the assessment of the president that grand corruption is now a thing of the past, there is little doubt that the government has taken obvious bold steps to address corruption. These include signing on to the Open Government Partnership and implementing same, putting in place a National Anticorruption Strategy, establishing the Nigeria Financial Intelligence Unit by law, recoveries of stolen funds from Switzerland and the UK, and the operation of the TSA initiative and its attendant gains. In terms of its approach to good governance, the government has, in an appreciable number of cases, demonstrated an encouraging will to work with broad range of stakeholders to ensure transparency and accountability. In the area of asset recovery for instance, the administration made history by including civil society in the process of the recent signing of the MoU between Nigeria and Switzerland for the return of the $322.5 million. The relevant agencies of government have also continued to meaningfully engage civil society organisations led by the Africa Network for Environment and Economic Justice (ANEEJ) through the MANTRA Project to monitor the utilisation of the funds in the Cash Transfer Programme of the Federal Government. These laudable strategic and structural steps notwithstanding, there have also been obvious drawbacks in addressing corruption during the first term of the president. The scandals involving the first Secretary to the Government of the Federation under the current administration, Babachir Lawal and the recent case of the former chairman, Presidential Task Force on Pension Reform, Abdulrasheed Maina are instances that could have been handled more decisively in the context of anticorruption. The apprehension of nepotism in appointments under the Buhari administration also lingers and casts a shadow over the gains made in addressing corruption. As demonstrated by the poor showing of Nigeria on the 2018 Corruption Perceptions Index of

Transparency International, the current administration should understand that perception plays a central role, not just in assessing corruption and anticorruption measures, but also in changing social norms and behaviours around corruption. Hence, the government has to do better in communicating to Nigerians the specific gains of its frontline anticorruption programme, the context of the challenges faced during this first term in office and how it hopes to improve on current efforts going forward. This is what should be contained in a document like the “Next Level� strategy. For instance, how much exactly has the government saved from its anticorruption efforts during its first tenure? In what ways have such savings improved the socio-economic wellbeing of Nigerians? How will this be improved upon if the government is re-elected? Providing answers to these questions would demonstrate a culture of accountability on the part of the government and afford Nigerians the opportunity to make an informed choice at the polls. This is necessary for Nigeria to move beyond the era of politicians making almost scriptural promises to citizens before elections without providing practical steps on how such promises would be achieved. In essence, campaign documents and promises have to state, not just the “what� but also the “how�. Regrettably, in the area of anticorruption, the Next Level document is lacking in both. If the government intends to build on the gains of its anticorruption efforts in 2019 and beyond, this document does it a palpable disservice in communicating same. And for civil society looking to engage the current administration on anticorruption as it seeks re-election, the situation of limited information provides an ironic but intriguing opportunity to shape the conversation and gauge the prospects with almost four years’ worth of information. Ayibakuro is ANEEJ director of research & policy

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EDITORIAL 2019 POLL: Averting A Catastrophe The future is precarious unless politicians end the spectre of impunity

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pparently worried by a political environment suffused with mudslinging, rancour, incitement and hate speech, the National Peace Committee headed by a former Head of State, General Abdulsalami Abubakar last week addressed the political parties and listed conditions for peaceful elections in 2019. According to the committee, political parties and their members must “refrain from making or sponsoring public statements, pronouncements, declarations or speeches that have the capacity to incite or cause violence, before, during, and after the elections”. Presenting the resolution of the committee, the Catholic Bishop of Sokoto Diocese, Bishop Hassan Kukah said the parties had resolved to adopt the same principles that guided the 2015 election as a template for ensuring that all stakeholders commit themselves to peaceful election in 2019. The committee and political parties discussed the need to refrain from ethnic or tribal profiling, and ensuring that politicians create a conducive environment for free, fair and credible elections in 2019. And to ensure AS THE POLITICAL these are heeded, the PARTIES SIGN political parties would THE AGREEMENT meet today to formally EMPHASISING THE commit themselves to PLACE OF HEALTHY an agreement on the COMPETITION IN rule of engagement. It is an idea that we POLITICKING, THEY welcome and wholeSHOULD ALSO BE heartedly endorse. REMINDED OF THEIR This is particularly ROLE IN THE ENTIRE so because with just NATION-BUILDING about two months PROCESS to the presidential election, the amount of abusive and inciting messages making the rounds are exasperating as politicians, especially within the ruling All Progressives Congress (APC) and the main opposition Peoples Democratic Party (PDP) make wild allegations against one another while security issues are being

Letters to the Editor

politicised. To worsen matters, some otherwise respected religious leaders who ordinarily should preach peace seem to have thrown both caution and public decency to the wind. Given our environment, it is very unhelpful to turn places of worship into political campaign platforms. Similarly, we share the worries of those who complain about the open partisanship of some arms of security agencies. It has become clearly evident that these agencies are geared more towards regime protection than the promotion of national security. For instance, the Inspector-General of Police, Mr Ibrahim Idris has shown through his actions and utterances that his main preoccupation is not to ensure law and order in Nigeria but rather to get President Buhari reelected for a second term. The role of the police in the recent Akwa Ibom House of Assembly crisis further confirmed a worrying trend. Therefore, the peace committee and indeed all the stakeholders have an additional task of impressing on the security agencies the need to be professional in their duty of securing the country for a free and credible election.

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

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

ut more importantly, the Independent National Electoral Commission (INEC), assigned the crucial role of conducting a free, fair and transparent election, must do well to disabuse the minds of many Nigerians. In the last few months, particularly after the conduct of the Ekiti and Osun governorship elections, fears have been raised about the desperation of people in power. And in spite of repeated assurances by the commission, President Buhari’s refusal to assent to the Electoral Act (Amendment) bill 2018 is a major setback as it has simply complicated the work of the electoral body to effectively conduct a transparent election. From the 2015 election, it was clear that the more automated the electoral process, the more credible the outcomes. But as it stands INEC has to fall back on the easily manipulated manual accreditation of voters which many desperate politicians took advantage of by returning incredible figures in previous polls. Thus, as the political parties sign the agreement emphasising the place of healthy competition in politicking, they should also be reminded of their role in the entire nation-building process. There is a correlation between unguarded utterances and the heightening of tensions in the polity.

TO OUR READERS Letters in response to specific publications in THISDAY should be brief (150-200 words) and straight to the point. Interested readers may send such letters along with their contact details to opinion@thisdaylive.com. We also welcome comments and opinions on topical local, national and international issues provided they are well-written and should also not be longer than (9501000 words). They should be sent to opinion@thisdaylive.com along with the email address and phone numbers of the writer.

THINKING FORWARD FOR THE NYSC SCHEME

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f not for the Nigerian Civil War, the contraption called Nigeria Youths Service Corps (NYSC), apparently will never have become a metaphor for social integration, or so it seems. Will the scheme itself, in the first place, be born into this world? I doubt! To fast-track a genuine reconciliation amongst discontented masses, speed up the reconstruction process of damaged infrastructure and other national assets, together with the exigent task of rebuilding the wrecked Nigerian ‘Ship’, on 22nd May 1973, something epochal happened. On that day, NYSC was established by the government of Major-General Yakubu Gowon. The birth of the scheme, incontestably was as a result of Gowon’s priority for building lasting peace, while forging rock-solid unity and uncommon national progress, post-civil war. It was established to conscript Nigerian graduates into the nationbuilding project, and also to accelerate national development. Since 1973, graduates of universities and later polytechnics have participated in the NYSC programme for one year—known as national service year. It is however depressing to note that the scheme has only achieved few of its salient objectives. One can say, without contradiction, that it has been mix-fortune for the NYSC. Of course, we have seen and appreciated the outstanding contribution of the scheme in building and consummating marital relationships amongst Nigerians of diverse ethnic lineages. Kudos to the scheme, corps members and their staff are being actively involved in conducting sensitive national assignments like elections, where they are recruited as ad-hoc staff by the Independent National Electoral Commission (INEC). Also, the NYSC has contributed to promoting national unity,

and increased mobility of labour, which has assisted public schools, hospitals and private organisations to have a steady pool of cheap skilled labour. Suffice to say that the scheme has also served as a veritable platform for ‘adventurous’ youths to explore the rich cultural traditions and heritage of other ethnic groups different from theirs, in the states they are posted to. Through the Community Development Service (CDS), essential infrastructure and basic amenities have been provided for many remote communities by generous and philanthropic corps members. But some lingering and bothersome issues have made its critics to utterly demonize, flagrantly condemn and question the programme’s relevance, just as others are ‘baying for its blood’, saying it should be abolished. Among other things, the NYSC has succeeded little in producing enterprising youths who become financially self-reliant or if you like, budding entrepreneurs and employers of labour, instead of jobseekers. This is owing to the fact that most of the scheme’s graduates, all through their service year, are not taught relevant skills of lucrative vocational trades, just as the skills acquisition and training centres are grossly inadequate. Aside the 2011 post-election mayhem, several corps members have been killed extra-judicially by trigger-happy cops and men of other security agencies. Scores also met their untimely death during violent ethno-religious bloodlettings. Acts of medical negligence by officials of NYSC during orientation exercises have terminated the life and aborted the lofty dreams of promising youth corpers. In 2016, Ifedolapo Oladapo, a First Class graduate of Transport Management from the Ladoke Akintola

University of Technology (LAUTECH), in Oyo State, died as a result of professional carelessness by staff of Kano State’s NYSC camp. Just recently, the Niger State’s orientation camp at Paiko, came under derisive media spotlight. According to the report, the camp’s dilapidated facilities—which is unfit for human dwelling--have remained in a state of abject disrepair for years. Judging from that, it will not be difficult to picture the health risks posed by camping NYSC participants at the Paiko, and other orientation venues across the country. Furthermore, the scheme, in recent times, has been battling financial challenges, which has resulted in many graduates spending more than a year after graduating before they are finally mobilized for service. And the fact that we now have batches and streams of NYSC service-programme indicate that rising population of graduates is overstretching the scheme. The fact also is that a replica land of Sodom and Gomorrah is gradually sprouting up at some orientation camps. This is if the disturbing tales of military officials and even some male and female corps members having raunchy sex together—at NYSC camps—is everything, but not a heresy. Despite some shortcomings associated with the scheme, its relevance far outweighs the limitations. To this end, it is high time government restructure the programme, not only as a means of mobilizing of our teeming youths into agriculture (through the farm settlement scheme), but to reshape their mindset about white-collar jobs been the most reliable means of getting quick wealth. This will also go a long way to also curb restiveness expressed in the form of militancy, kidnapping, armed robbery, rape and cultism, among others. Abdulsalam Mahmud, Abuja

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T H I S D AY ˾ TUESDAY DECEMBER 11, 2018

POLITICS

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

TRENDING NEWS

The Daunting Hurdle Before Amosun Femi Ogbonnikan writes that Governor Ibikunle Amosun of Ogun State appears to be at a loss on how to deal with the disaffection that has torn the All Progressives Congress in the state to shreds

Abiodun

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here appears to be no end or solution to the battle of wits that have attended the simmering crisis rocking the All Progressives Congress (APC) in Ogun State. Throwing all manners of tricks into the mix in order to curry empathy, Ogun State Governor, Sen Ibikunle Amosun, has resisted the urge to pander to pleas. He is aggrieved because the National Working Committee (NWC) of the party through the intervention of President Muhammadu Buhari, turned down the demand to return his preferred successor, Hon. Adekunle Akinlade, as the APC governorship standard bearer, but rather decided to give the ticket to Prince Dapo Abiodun, his arch-rival. Also, the governor is miffed, because all the names of the 26 State House of Assembly candidates he unilaterally handpicked and submitted to the NWC to represent their respective constituencies were omitted on the Independent National Electoral Commission (INEC) list, but replaced with the names of candidates of those he (governor) labelled “Lagos cabal”. Against this background, it is believed that the governor has lost sight of the fact that, since the current dispensation was ushered in, in 1999, no sitting governor has ever successfully foisted his preferred successor on the people of Ogun state. Aside for his (governor) bid to substitute Abiodun’s name with Akinlade’s, the APC’s hierarchy led by Comrade Adams Oshiomhole has been uncompromising to the chagrin of its traducers. Thus, in making good his threat, close associates and aides of Amosun have begun to leave the party in droves to register their displeasure over the decision of the NWC for denying them their respective tickets. Mr Mukaila Kazeem and the governor’s preferred candidate, Akinlade who are both currently representing Abeokuta North/Odeda/Obafemi-Owode and Yewa South/Ipokia Federal Constituencies respectively at the National Assembly, took the lead of the defectors from the party, a week ago, when they moved their membership to a fringe platform, Allied Peoples’ Movement (APM). The aggrieved defectors had attributed impunity and undemocratic norms as reason for leaving their former party. At the home front, the same script played itself out when four (majority leader, Adeyinka Mafe, Chief Whip, Idowu Olowofuja, Tunde Sanusi and Ganiyu Oyedeji) members of the State House of Assembly pulled out of the APC and pitched tent with the APM. Prior to the defection train, it was reliably gathered that Amosun and his close aides, including the names of Secretary to the State

Amosun Government (SSG), Barr Taiwo Adeoluwa, who is to vie for Ogun Central; Consultant to the governor on Energy and Power, Mr Segun Gbeleyi (for Ogun West); Commissioner for Special Duties, Leke Adewolu for Ewekoro/Ifo Federal Constituency; Chairman, Local Government Service Commission, Mr. Rotimi Rahman (for Ado-Odo/Ota Federal Constituency); Commissioner for Forestry, Mr Kola Lawal, (for Yewa South/Ipokia Federal Constituency); and Special Adviser on Education, Bayo Adeyemi, (for Yewa North/Imeko-Afon Federal Constituency), had already perfected and concluded the plan to cross-carpet to APM, a position clearly confirmed by a top official of the INEC, in Ogun State. The source hinted that the names of the governorship, National Assembly and State House of Assembly candidates had already been submitted to the commission’s office earlier than now even before it became a public knowledge and he ruled out the need to publish a separate list of the APM candidates. Distraught by the growing status of Abiodun’s camp, almost on a daily basis, and coupled with palpable fear of infiltration of moles in his group, it was gathered that the resignation of the Chief of Staff, Chief Tolu Odebiyi, and six other aides (Commissioner for Sports, Afolabi Afuape, Lanre Edun, Tola Banjo, Muse Lamidi and Mrs Adewummi Onanuga) last Thursday was informed by what a source described as a “gale of targeted purge” orchestrated under the guise of voluntary disengagement because of the refusal of the affected persons to defect to the new platform, APM. Besides, it was learnt that the former aides were branded APC top loyalists, who have been hob-nobing with the Abiodun’s camp, but the governor’s die-hard loyalists have still retained their respective seats in government. Reacting to the legal implications of still retaining defected aides in the government, a Lagos - based legal practitioner and a former APC governorship aspirant in Osun State, Mr Kunle Adegoke, said the 1999 Nigerian constitution permits a member of any political platform other than that of the ruling party the right to be part of the state executive. According to him, “the governor has the power under the Constitution of Nigeria, 1999 (As altered) to appoint anybody into his cabinet, not necessarily a member of the ruling party. The fact that some members of Amosun’s kitchen cabinet have taken ticket of another political party does not deny them the right to be in the cabinet, because such appointments are at the pleasure of the governor. “The party has no power to determine the right of such persons to continue holding political offices once the man who appointed them is

Akinlade satisfied with them. It is only an elective office holder elected on the platform of one party that cannot cross to another, except there is factionalisation at the leadership of the party. What APC is embroiled in right now is worse than factionalisation and they must be ready to bear the consequences.” To some political pundits, the emerging trends signal a death knell tolling on the disintegration of the party’s structure, with reference to the repeat of the intractable intra-party crisis that rocked the then, PDP, preparatory to the 2011 general elections. The party became polarised into two factions which led into inchoate groups with a faction led by Otunba Gbenga Daniel, the then governor, and fielded Gboyega Isiaka as the Peoples’ Party of Nigeria (PPN) governorship candidate, while the then, President, Chief Olusegun Obasanjo supported Adetunji Olurin as the governorship flag bearer of the Peoples Democratic Party (PDP). The secenario threw up the candidate of the Action Congress (AC), Amosun, an Egba man from Ogun Central, as the, then governor - elect. If care is not taken, it is envisaged that the anticipated sympathy votes may be split between the two strong contenders from Yewa-Awori zone, Akinlade, the APM governorship candidate, and Isiaka, of the ADC, thereby blighting another chance for the Ogun West Agenda of staking a claim to the Number One plum seat of the state. Despite failing in several gambits, nemesis is magisterial in the governor’s pursuit, while Abiodun has become a survivor of the subterfuge to have him replaced by Akinlade. Besides, the emergence of Ijebu-Remo Agenda (made up of a mix of notable politicians, business moguls, powerful technocrats and seasoned bureaucrats), as a potent mouth-piece for Ogun East, it was further learnt, is a thorn-in-the-flesh and a big headache for Mr Governor. However, informed sources told THISDAY that the emergence of Abiodun, an Iperu-Remo born Prince, hit Amosun below the belt as he never thought of the apocalypse of his impending failed permutation through his consensus mechanism. It was learnt, he is adamant and has rebuffed every entreaty to pacify him into accepting Abiodun as the party’s governorship flag bearer, because of his pride. “Apart from that, it seems he (governor) has some things he is concealing but which he is yet to tell the members of the general public. He has done some things in the secrets and that is why he wants to use Akinlade as a protégé in order to cover the tracks. It is not as if he has genuine interests of the Yewa-Awori people at heart. It is like crying more than the bereaved”, said a source who pleaded anonymity. Besides, a chieftain of the All Progressives

Congress (APC) in Ogun State, Dr Femi Majekodunmi, has cautioned the state governor, Sen Ibikunle Amosun, to desist from acts capable of undermining the general interest of the party in the upcoming 2019 general elections. Majekodunmi, who is Baagbile of Egbaland, appealed to the governor to play the role of a statesman in resolving the controversy trailing the outcome of the gubernatorial candidate which has pitched him against the decision of the National Working Committee (NWC) of the party. He said Amosun cannot afford to let the party down by playing a spoiler game, warning that doing such can only be counter-productive with grave implications for the good name of the governor which he has built over these years as well as the state as a whole. Majekodunmi averred that the governor has nothing to lose by accepting, at the end of the day, whoever is the governorship choice of the party whether Abiodun or Akinlade, but that the governor would rather gain a lot more, with the continuation of his good legacy of so many years to come and noted that the governor’s good name will be a reference point for those who desire the best for the state. “According to him, “the governor who through his achievements has been regarded as the architect of a modern-day Ogun State, should not make mistake of a political decision that will consign his name into political oblivion. He has served the people of the state diligently for over seven years with landmark achievements, littering all over the state and history would be kind to him if he allows reason to prevail and work assiduously for the victory of the party both at the state and federal levels. “Nobody would dispute the fact that Governor Ibikunle Amosun has become the architect of modern-day Ogun State with many landmark achievements scattered all over the state. Indeed, whenever the history of the state would be written, his name cannot, but be in gold. And as the sitting governor, he is a major stakeholder whose views and interest must be important and paramount. “But as a politician who has always been committed to the APC, I want to sincerely appeal to the governor to see the present issue concerning the gubernatorial candidate of the party as a test of his statesmanship in which the interest of the party must be supreme, not only because of the entire members of the party in the state but of President Muhammadu Buhari, whom the governor always holds in high esteem.” NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

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NEWS

GDPN Presidential Candidate Begins Campaign in Bayelsa Emmanuel Addeh Presidential candidate of the Grassroots Development Party of Nigeria (GDPN), Dr Davidson Akhimien, at the weekend commenced his campaign for the 2019 presidential election in Yenagoa, Bayelsa State. Akhimien, a former Nigerian military intelligence officer, in a chat with journalists, urged President Muhammadu Buhari to immediately give his assent to the electoral bill, noting that it was in the interest of the country. Flagging off his campaign, the politician, cleric and businessman, who has a doctorate in Science and Security Studies, noted that he was kicking off his campaign from the slums of Yenagoa, because the kind of elitist campaign the country had witnessed in the past had in no way benefitted the people. On why he decided to vie for the presidency, rather than start from the lower cadre of Nigerian politics, Dr Akhimien explained that if the plan was to undo the current political order, the issue of experience should not be a factor. I am eminently qualified because I have the capacity,

Thugs Are Aligning to Take Power, ANRP Guber Aspirant Warns Nseobong Okon-Ekong

competence and pedigree. What kind of experience are you talking about? Is it not the same kind of experience we want to do away with? “The old order has not paid off in this country. I am running to entrench the politics of social justice, inclusiveness and righteousness and to sweep away the current debauchery,” he said. The presidential candidate who also holds two masters degree in International Law and Diplomacy as well as a Masters in Criminology from the University of Lagos, called on Buhari to ignore any of his advisers urging him not to sign the electoral bill which will strengthen the democratic system in the country. Akhimien, the Presiding Pastor of the King David Ministries International, said if he is elected, he would have a fresh and different approach to securing the nation from the current insurgency in the north and the crimes in other parts of the country. He expressed the hope that the 2019 election would be violencefree, insisting that Nigerians are now more enlightened and would not succumb to manipulation by selfish politicians.

The Akwa Ibom State governorship candidate of the Abundant Nigeria Renewal Party (ANRP), Mr. Iboro Otu has maintained that signs for potential electoral violence in states like Akwa Ibom once generally considered as peaceful had been set many years ago when a government come to power and setup up a reward system where political thugs and minions were rewarded with power. Continuing his observation on how Akwa Ibom ranked as one of the flash points in the 2019 elections, Oto said that a situation was created that enabled that youths to see thuggery as a way to political relevance and prosperity. According to him, “What happened afterwards was

a proliferation of pitiable scenes where young people would gather every morning from Monday to Sunday in parlours and joints, waiting for political godfathers to stop by so they could sing praises and get raises. Nothing has destroyed the fabric of our society and demoralised the spirit of hardworking men and women in this state as these events. Every other thing crystallised from this. When Educational excellence and innovation aren’t rewarded; when research and development, commerce and industry aren’t supported, when godfatherism supersedes competence, what do you expect?” He queried. The ANRP gubernatorial candidate said the situation was not peculiar to Akwa Ibom. A survey of the country would

show that there are pockets of discontents in several areas – in and outside of government - are now consolidating into core fronts. He cautioned that thugs were aligning to take power by all means necessary. “Unless people like us succeed with our stepping in to offer a viable alternative, the 2019 elections in Akwa Ibom state may likely see the prophesised ‘War in Warsaw’ because the two ruling parties have readied for the electioneering war. Through their myopic prism of graft and impunity, they see power as a zero sum game where winner takes all. Violence and intimidation has always been their modus operandi. Fortunately or unfortunately, ‘Hitler’ has moved camp, as such, the forces are equal and opposite. But I must warn

them on both sides of the aisle, Akwa Ibom is too big for them, Akwa Ibom will outlive them. A lot of politicians like them have come and gone and so will they. They are on the wrong side of history and posterity will judge them.” Otu, a businessman said that only solution to the quagmire is to give Nigerian youths access to world-class education and healthcare. “Our youths are like youths everywhere else in the world and I have travelled the world and seen things. I am yet to see any meaningfully progressive world economy that is not driven by its youths. When youths are in the forefront of research and innovation, commerce and community development, amazing things happen,” he said.

ZLP National Chairman Urges Political Parties to Engage Security Agencies Udora Orizu The National Chairman of Zenith Labour Party (ZLP), Mr. Dan Nwanyanwu has urged political parties to engage security agencies in order to achieve credible, free and fair elections in 2019. Addressing the issue of insecurity during the recent elections in some states, Nwanyanwu said political parties should engage the security agencies otherwise, they will be the ones to determine who wins in an elections through the use of force. According to him, “Before Ekiti election I raised alarm about security and people said I was wrong. I said watch Osun it will be worse and I was proven right. The election was turned into a military exercise. Political parties must engage

the military and the security agencies, particularly the police to hands-off our elections.” He stressed the need for the police to know their role during and after elections. “They don’t know the damage that they are doing before the international community. They are turning this place into a Banana Republic where anything goes. I thought we perfected the system of conducting elections, but police has brought another dimension to it.” Speaking further on the fight against corruption by President Buhari, he noted that fighting corruption was not easy. He said, “I have been part and parcel of this fight against corruption. I must tell you, fighting corruption is not easy. Our money that have been taken away by individuals should be recovered.”

ADP Threatens Legal Action against CUPP The Action Democratic Party (ADP) has threatened to take legal action against the Coalition of United Political parties (CUPP), which claimed that ADP was among the 40 political parties that endorsed the presidential candidate of the Peoples Democratic Party (PDP) former Vice President Atiku Abubakar. The threat was issued by the party’s National Chairman/Presidential Candidate Mr. Yusuf Sani at the party’s national secretariat in Abuja. Mr. Sani said the the ADP was never party to any coalition designed to take the country back to Egypt. He threatened that if the

CUPP does not retract the claim, the ADP would take legal action. “ADP cannot be a member of a coalition designed to railroad Nigerians back to the locust years or any attempt to continue with the status quo which Nigerians have emphatically rejected.” “We want to make it categorically clear that at no time was the ADP part of the CUPP much less endorse a consensus presidential candidate as was insinuated in the said publication.’ “The ADP as a symbol of the much anticipated Third Force Nigerians have been yearning for cannot be in a coalition with our failed past,” he concluded.

ALL ABOUT ALEX

All Progressive Grand Alliance (APGA) governorship candidate for Abia State, Dr. Alex Otti (second left), Mr. Martin Umeh, Group CEO Petro-Base Group (left), Igwe Alfred Nnaemeka Achebe, Obi of Onitsha ( third left), Mrs. Priscilla Otti, Anambra State Deputy Governor, Dr. Nkem Okeke and former Managing Director of Shell, Mutiu Sunmonu at the launch of the book, Simply Alex - A testimonial biography on Otti

I Won’t Be an Appendage to Anybody, says AD Governorship Candidate Femi Ogbonnikan Ogun State governorship candidate of the Alliance for Democracy (AD), Mr Oluseyi Olufade-Olowookere, has pledged that he would not be an appendage of any political godfather, if elected into office as next governor of the state. At the formal unveil of his governorship ambition in Abeokuta, the AD governorship candidate said democracy demands more than having godfathers before piloting the affairs of the state

to deliver good dividends of democracy to the people. Olufade-Olowookere stressed that the 2019 general elections would be about the people and the electorates will determine winners into the various offices. He said strong indications have emerged that Ogun State Governor, Sen Ibikunle Amosun, may find it difficult to install whoever he picked as preferred candidate as the next governor of the state. The 39 year-old candidate who hails from Iwoye, in Yewa South Local Government Area of the

state, stated that 76 percent of the populace rejected such a move, according to two separate data polls conducted between last May and July. “The people of Ogun State are not ready to cast their votes for any candidate that the incumbent governor may decide to pick to succeed him in office.” He said the people are fed up with the All Progressives Congress (APC) and the Peoples Democratic Party (PDP), and have made up their minds to cast their votes for an independent candidate who is driven by passion and on a

mission to reposition the state from its sleeping giant status. “We (AD) are here to deliver Ogun state. In Ogun state, no sitting governor has ever succeeded in installing his successor in office. “We (AD) have not come into the race in Ogun State to either play or negotiate. Let us bring out the glory or splendour of Ogun State. We are ready to change the narratives or options in our polity. We have the people to change public vote or perception. We, in the AD, have the noble programmes.

APC, PDP Are Two Sides of a Bad Coin, says Durotoye Udora Orizu The Presidential Candidate of the Alliance for New Nigeria (ANN), Mr. Fela Durotoye has stated that the All Progressives Congress (APC) and the Peoples Democratic Party (PDP) are different sides of the same bad coin. Explaining his campaign plans to THISDAY, the presidential candidate said Nigerians don’t have to believe the narrative that there are two candidates in the presidential race. Urging Nigerians to reject the APC and the PDP, he said,

“Both presidential candidates of the APC and the PDP are the different sides of the same bad coin. You don’t have to choose them. You can throw the coin away and pick up a brand new note that looks good, smells good, has no stain or wrinkle and has value in your pocket. That’s what a Fela Durotoye presidency brings to the table.” “As a smaller campaign, we have leveraged on being flexible and adaptable. Over the last few months, we have invested in building our structure across the nation, and at the moment, the

ANN is represented in 29 states across the nation. I have been to 22 states before I gained my party’s nomination.” He stated that he represented a fresh start and a new beginning working towards a new Nigeria, where there are opportunities for all. “Fela has no Godfathers, so he has no one to pay back, or no one to determine who becomes minister or what contracts to give. Fela has no scandal. He has never taken a bribe or given one. Fela is a fresh start, a new beginning. Fela isn’t going to

appoint politicians suggested by governors as his ministers.” “He’s going to choose the best and brightest experts to serve on his team. Fela doesn’t own a private university, so he can give good education to public schools. He has no investments in the power sector, so he will give you light. We just intend to share a message that is honest and real to the Nigerian people, and I trust them to see I’m not doing this to win an election, but I’m working to give all of us a new Nigeria where there are opportunities for all,” Durotoye said

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T H I S D AY Ëž ÍŻÍŻËœ 2018

BUSINESSWORLD

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08024557078, 08152447875

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S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

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Quick Takes Glo Named among Top 50 Brands

Glo Yakata, the tari plan of Globacom, was recently adjudged the ‘Most Innovative Product of the Yearâ€? just as the telco was recognised asthe“ThirdMostValuableBrandinNigeria,â€?atthe2018Top50Brands/ IamBrandNigeria Awards ceremony. At the ceremony held in Lagos, Globacom and the Glo Yakata tari plan got the awards after an assessment of the country’s strong brands by the organisers, using their proprietary tool, Brand Strength Measurement (BSM) index. Glo Yakata is a prepaid plan which gives Globacom’s existing and new customers bonuses every time they recharge. The free bonus could amount to a total value of N2,200 for a N100 recharge, which gives a minimum of N500 to call all networks plus up to 6GB of data. The organisers noted that Globacom had rolled out a series of innovative products and services in the course of the year, noting that Glo Yakata has been particularly outstanding in terms of the value it adds to the company’s subscribers. Globacom was the cynosures of all eyes as the award was presented to top oďŹƒcials of the company in front of marketing communications and branding experts from all over the country by Bunmi Oke, a former President of the Association of Advertising Agencies of Nigeria (AAAN). Globacom said in a statement that it was committed to driving innovation in the telecommunications industry in the country. It also stated that the company would not cease to delight its teeming subscribers with products and services that add value to their lives.

CUSTOMER ENGAGEMENT

L-R: Chief Executive, Stanbic IBTC Bank, Demola Sogunle; Founder/former Chairman, Stanbic IBTC Holdings Plc, Atedo Peterside; NonExecutive Director, Stanbic IBTC, Mrs Salamatu Hussaini Suleiman and Chief Executive, Stanbic IBTC Holdings, Yinka Sanni at the 2018 Stanbic IBTC clients’ year-end appreciation dinner held in Lagos‌recently Abiodun Ajala

PTDF: Steady Supply of LPG May End Farmers, Herders’ Clashes Stories by Chineme Okafor in Abuja

ENERGY

The Executive Secretary of the Petroleum Technology Development Fund (PTDF), Dr Bello Gusau, has said steady availability of liquefied petroleum gas (LPG) to communities especially up north might help minimise the frequent clashes between cattle herders and farming communities. Gusau, explained that the frequent clashes were linked to receding forest resources which both parties need to survive. He, therefore, urged experts and operators in Nigeria’s LPG market to look beyond the business and technical issues involved in the production

of LPG for household use, to proffering solutions to the political and social challenges which create energy crisis in the country. He said this at the recent eight edition of the Nigerian Liquified Petroleum Gas Association (NLPGA) annual conference and exhibition in Abuja. He attributed the conflicts between farmers and herders to the struggle for household energy sources. Gusau, equally pointed out that, there are strong and strategic national imperatives regarding the LPG initiative beyond economic issues which should be

given adequate priority. An example, he said, was firewood, which according to him was becoming scarce and expensive as an energy source and therefore the cause of conflicts. “I will tell you one thing; virtually in the whole of the North East and the North West, the forest resources have been exhausted and partly because there is no other alternative fuel for households. “Just take a trip from Abuja to Kano, if you pay attention, a large number of the trucks moving on the road are carrying firewood. Most of the farmers and herders’ clashes are largely attributed to the fact that there is a big struggle for forest

resources,� he said. According to him, until the country’s LPG initiative addresses the dearth of alternative energy sources for households, there was no way the conflicts going on across the country could be averted. In his remarks at the meeting, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, who was represented by his Special Assistant on Downstream Infrastructure, Brenda Ataga, advised the association to embrace a synergistic approach to addressing the impediments to safety, standardisation and technology which he described

Continued on page 24

FG Soft-pedals on Oil Marketers’ Indebtedness to FIRS, Others The federal government has said it would not ask oil marketers who are indebted to some government agencies to immediately offset their debts. Some of the oil marketers owed billions of naira as subsidy claims, in turn owe various agencies of government such as the Federal Inland Revenue Services (FIRS) and the Asset Management Company of Nigeria (AMCON), different forms of debts. However, the government said it has decided to give the oil marketers more time to settle their debts to the affected agencies, adding that if it push for the debts repayment now, most of the marketers would have nothing to take from the N236 billion it planned to pay them as first tranche of the

ENERGY subsidy claims. The Chief Operating Officer (COO) Downstream of the Nigerian National Petroleum Corporation (NNPC), Mr. Henry Ikem-Obih, explained this after a recent meeting with the marketers in Abuja. He also disclosed that the NNPC has set out an alternative plan to ensure petrol supply across Nigeria would not be disrupted by the strike threat issued by the oil marketers over their demands to be paid the subsidy claims. Ikem-Obih, said the government has resolved to pay the marketers part of what was owed to them, but that members of the Deport and Petroleum Products Marketers Association

(DAPPMA) have insisted on going ahead with the strike because they do not trust the government to pay them as promised. “What the Permanent Secretary of Finance Ministry has assured marketers is that for the first tranche of payment which will happen by Friday is N236 billion. “Then, the marketers’ committee will meet with the ministry of finance to agree on the terms for the second payment in 2019. “I want to emphasise that these marketing companies DAPPMA, MOMAN and in some cases IPMAN are indebted to government agencies – NNPC; AMCON and FIRS, but government has made a very conscious decision to say we should not recover government debt at this

stage because if government goes ahead to recover what the marketers are owing government from this first payment a lot of them will not get anything,� Ikem-Obih said. He further stated: “Government has said pay them the whole N236 billion, as we progress with further payments in 2019, government can start to recover her own position of what they owe government. “This N236 billion is what marketers would net and government would not take one penny from that.� He further explained that the expected payment would come in the form of promissory notes from the Debt Management Office (DMO), adding: “These

Gage to Reward Digital Operators

The Gage awards is set to boost the pace of innovation and growth in the Nigerian ecosystem by recognising outstanding players in the digital industry.The organisers, in a statement issued recently in Lagos, stated that ‘The Gage Awards’ made its ďŹ rst public announcement at the ‘Digital Marketing Conference’ held in Lagos. It said it was the right opportunity to inform core practitioners in the digital industry in Nigeria about the awards, the expected standard, and innovation the award sought to drive “as digital becomes more inuential and a key contributor of growth in major economies of the world.â€? According to the organisers,The Gage Awards will spotlight on the best in digital as it impacts the Nigerian economy, from inuencers to websites, digital campaign that has helped create market share for brands, social change campaign, entertainment, apps and content amongothers.OneoftherepresentativesfromGage,MrGokeBuraimo, said “The Gage Awards process is very thorough, from the nomination to eventual selection of awardees. It involves a process audit by one of the top four management companies in the world, an academy that includes representatives of over 5,000 digital practitioners and accomplished individuals in related ďŹ elds, including the audience that consumes these services or content.â€? Commenting on some of the award categories, he said, “21 awards will be given out on the night in ďŹ ve key areas – entertainment, inspiration, innovation, information and business.â€? Buraimo, explained that apart from the judges, the audience had the power to determine their winner.

Heineken Celebrates Africanism

Patrons of the Heineken brand and fashion enthusiasts have been given a royal treatment that aligns with the classical status of the HeinekenBrandatthe2018editionofBackyardFashionShowinLagos. First of its kind, the fashion & lifestyle event which held recently in Lagos,witnessedamazingteamsoffashiondesigners,make-upartists, photographer & models showcase the very best of African fashion. Supported by international premium beer brand, Heineken, the event featured 360 degree cameras capturing attendees in their glamorous ensembles, with green carpet host Paul on hand to interview the A-list guests.The live afro-jazz band opened the show to the delight of those present with a spectacular performance. The Fashion show also featured designer labels, such as Johnny Lingo, Doo by Iyanu, Ina and Denike who showcased their exquisite pieces on the runway. Speaking at the event, the Brand Manager Heineken, Nigerian Breweries Plc, Olaoluwa Babalola said: “The maiden edition of the Backyard Fashion show is one of a kind. It was put together to promote creative and talented underground fashion brands in Nigeria.

“I am going to have a moratorium on foreign borrowing. This is because it is unnecessary, it is a lazy man’s’ economics. In Nigeria, we have 200 million people with a big economy, so if you can’t generate income internally, it means you are not doing something right�

Presidential Candidate, YPP,

Prof. Kingsley Moghalu Continued on page 24

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BUSINESSWORLD PTDF: STEADY SUPPLY OF LPG MAY END FARMERS, HERDERS’ CLASHES

as precursors to the growth and sustainability of the sector. In his address, President of NLPGA, Mr. Nuhu Yakubu, said the meeting would touch on policy initiatives aimed at supporting LPG sector growth, as well as generate diverse ideas from experts within and outside the country. Meanwhile, a leading Australian academic and research institution, at the University of New South Wales (UNSW) in Sydney, has indicated its desire to collaborate with the PTDF in petroleum and energy research, as well as other related areas of academic activity. A statement from the PTDF, explained that UNSW’s Vice President for External Relations, Fiona Docherty, led a team of the university faculty on a courtesy visit to PTDF, and said the institution wants to work with the PTDF, as the leading agency of the Nigerian government for capacity building in FG SOFT-PEDALS ON OIL MARKETERS’ INDEBTEDNESS TO FIRS, OTHERS

promissory notes are liquid assets which means they can be crystallised immediately after they are issued.� “This is the position of government what marketers would get on Friday is like a cheque, it is not cash injected directly into their accounts it is what is equivalent to a cheque which is a promissory note. “The subsidy scheme never paid cash but Sovereign Debt Bonds (SDB) but this government has said forget the SDB lets issue promissory note. Government has not changed on its position to issue through promissory notes,� he emphasised. Speaking on why DAPPMA reportedly turned down the government’s promise and may go on with the strike, Ikem-Obih, stated: “We have heard the DAPPMA Executive Secretary say DAPPMA does not trust government. That government has said this before and not redeemed its commitment. “As far as we are concerned, based on what we have seen, based on the effort that has been

NEWS

South-east Plans Multi-billion Dollars Regional Economic Integration Projects Chineme Okafor in Abuja

by SEREDEC to hold in Enugu today and tomorrow, where issues relating to ease of doing business in the region would be talked about and sustainable solutions found for them. “State governments don’t have the money to do the projects we are talking about and because they have to be done, we try to attract investors who will come. If you have bankable plans for

which they can see then they invest in, the project will work. It means the people who are developing the plan have to have credibility and which is the most important. “We are talking about regional development and people can see there is value. This summit is co-sponsored by the British aid agency - DFID and Ford Foundation. “We are talking about the

summit itself and not development which is been done by groups who have interests in supporting development in the South East,� Nnaji added. According to him: “The summit will discuss all impediments to development, of which erosion and climate change will be part of. But the government has to take up that responsibility because in many parts of the south-east there

is severe erosion problems. “If they want to build certain infrastructure, the organisation could drive it with the support of governments of the region. “We think it is a good model for development in the nation and one of the things the organisation does on annual basis is to do a summit to look at economic activities within the region to see how to improve vibrancy there.�

Governments of the southeastern states and organised private sector players from the region have concluded plan to build multi-billion-dollar rail; gas and power lines. The plan also includes healthcare facilities using Public Private Partnership (PPP) models, to integrate and advance economic activities within the five states, THISDAY has learnt. THISDAY gathered from the Chairman of the board of directors of South East Region Economic Development Corporation (SEREDEC) and a former minister of power, Prof. Barth Nnaji that the process of getting this done had been taken up by SEREDEC. Nnaji, explained at a recent briefing in Abuja that SEREDEC was set up by the people of the south-east to function totally as a private sector-based entity to work on such high capital demanding projects that are usually difficult for state governments to execute. He stated that it was intended that the organisation would support the state governments in initiating and implementing high-impact projects for the integration of the economies of the region. To this end, he said an L-R: Director, NEPAD Business Group Nigeria (NBGN), Mr. Goddie Ibru; Chairperson, Mrs Nike Akande; Director, Miracle Grace Company economic summit for the Limited, Thailand, Prof. Phietoon Trivijikasem; Director, Mr. Sanewien Doungkham and Vice Chairman, NBGN, Mrs Eniola Fadayomi, at a south east has been planned business meeting between a delegation from Thailand and the NBGN in Lagos‌recently ETOP UKUTT

BUSINESS MEETING

We Will Continue to Advocate Policies to Support Private Sector, Says LCCI Jonathan Eze The President, Lagos Chamber of Commerce and Industry (LCCI), Babatunde Ruwase, has reaffirmed that the chamber is resolute in promoting policies that supports private sector development and the general progress of the economy. According to him, LCCI has been consistent in policy advocacy and providing business development services to the larger business community led to the notable rise of the chambers profile within the last one year. The president made this remarks in Lagos during the 130th Annual general Meeting

of chamber recently. However, Ruwase highlighted the challenges that affected growth of the economy during the year. According to him, “there was high interest rate, weak GDP growth, weak consumer demand and the traffic gridlock on the Lagos port roads.� According to him, the Lagos ports have been classified among the worst ports in the world in 2018, due to challenges bordering on delays of imports/ exports processes, heavy human and vehicular congestion to and within the ports and also the difficulty in gaining access to the ports due to bad roads and security concerns.

Ruwase stressed that 40 per cent of businesses located around the ports communities have been stifled and forced to relocate to other areas, scaled down operations and completely shut down. He pointed out that there was a shortfall in oil price to $60 per barrel, from a peak of $86 in early October this year. He further explained that the National Bureau of Statistics (NBS) showed that the economy grew by 1.5 per cent in the second quarter of 2018, from 1.95 per cent in the second quarter of 2018, from 1.95 per cent in the first quarter. “This underlines the fragile

nature of the economy and the need to accelerate the economy diversification process,� he added. He further explained that with population growth rate of about three per cent, the implication of the current economic conditions for poverty and welfare were worrisome. However, Ruwase, said the CBN cited factors such as slow recovery in the economy, rising inflation rate, late implementation of the 2018 budget, rising level of non-performing loans in the banking system, weakening demands and the expected minimum wage as reasons for maintaining its monetary policy stance.

The Chamber stated that the 2018 World Bank Ease of Doing Business that ranked Nigeria 146 out of 190 countries showed that the country took a step backwards from the 145th position in 2017. It however, commended efforts of the present administration through the Presidential Enabling Business Environment Council and series of Presidential Executive Orders targeted at improving the business environment. “We believe that government still have enormous task of fostering an environment where entrepreneurs, small and medium enterprise can thrive better.�

Ezekwesili:HumanCapitalDevelopmentKeytoNigeria’sGrowth Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (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 third edition of the ‘Under 40 CEOs Forum,’ which held in Lagos recently, had accomplished professionals and emerging business leaders share perspective on the theme “Wealth Creation, Management and Inclusion - Innovative Strategies To Induce Economic Prosperity.� A former World Bank Vice President, Africa Region, Oby Ezekwesili, who was among the speakers, noted that investment in human capital, not oil, will drive Nigeria’s economic growth. An erstwhile Minister of Education, and 2019 presidential candidate of the Allied

Congress Party of Nigeria (ACPN), Ezekwesili harped on the need for human capital development via investment in education, which she described as the new oil. A statement quoted Ezekwesili to have said productivity and competitiveness have to improve if the economy must grow, adding that this can only be achieved through human capital development. She noted: “As a country blessed with enormous human and natural resources, it is regrettable that we have wasted five cycles of oil boom, according to available data.

“We really need to disrupt the pattern we have followed because our prosperity would have come by now if it were to come from oil. So the best thing to do is to say let us find a new trajectory. “With too much dependence on oil, our economy is so volatile that we basically have a situation where the country’s fortune goes up and drops. “Such volatility is not good for economic growth; it has definitely not helped us. That is why, for me, education is the new oil and human capital development is the way forward.

“Because by investing in human capital we raise income, and when we raise the income capacity of people we raise them out of poverty.� Ezekwesili stressed that prosperity was tied to how well an economy is run, noting that the Chinese had the same problems and were deep into poverty until a certain leader came up and stopped it. She charged the ‘Under 40 CEOs Forum’ not to accept the status quo but to rise up to the challenge of redirecting the economy by creating more opportunities for mentorship

of aspiring entrepreneurs so that, together, we can move the nation in the right direction. “You must all join in rebuilding the economy, and not sit down hoping that friends will get government appointments and open doors for you. “No! Everybody has to be involved. The difference between China and India is that China spent so much on human development. “That is what brought about the economic wonder that China is today. So, we’re going to have to develop our human capacity to make significant progress,� she added.

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INTERVIEW

Kunle-Bello: Nigeria Has Viable Market for Electricity ASeniorAnalystforNon-bankFinancialInstitutionsRatingsatAgusto&Co,Omowonuola Kunle-Bello, in this interview with Chineme Okafor, speaks on opportunities that exist in Nigeria’s power sector and how application for new Independent Power Plant licences is an indication of the potential that investors see in the industry. Excerpts: Tell us about Agusto & Co, how do you play in the Nigerian market? Agusto& Co. is a foremost research house and an expert voice on major economies, industries and businesses operating in Sub-Saharan Africa. We pride ourselves on gathering and contextualising often elusive information and data, which our competent analysts evaluate and articulate in an objective and factual manner. Our database on SubSaharan African economies spans more than 25 years and across high-level macroeconomic information to granular individual company metrics. For over 25 years, we have employed our unique research methodology and wealth of experience in Sub-Saharan Africa to deliver insights on more than 50 industries including Banking, Oil & Gas, Real Estate, Food & Beverage, Construction, Building Materials and Telecommunications. We have also carried out numerous customised research for clients such as the Bank of Industry and the World Bank. Our unique propositions include assigning each industry a risk rating, taking into cognisance the host country’s risk profile, market size and potential of each industry, the key players and the industry financial condition.

Years of underinvestment in the domestic gas market - due to price control, regulatory impediments and pipeline vandalism, has impaired the commercial viability of supplying gas to key sectors such as electric power A useful rule of thumb for measuring adequate power supply is one megawatt per thousand homes, with a population of over 180 million people and an average of six persons per home, this would shoot up demand to over 30,000MW. At a current generating capacity of circa 3,500MW, there’s a potential gap of over 25,000MW. This is indicative of a potentially large market for electricity generation and distribution. So yes, we agree with the supply gap estimates. This also means that Nigeria is currently supplying circa 12 per cent of its potential energy needs.

As a credit rating and research company, how do you carry out your analysis in areas such as the power sector in Nigeria? Agusto&Co has a dedicated power analyst that tracks developments and updates in the Industry. In addition to generic data publicly available on regulatory websites such as NERC and Systems Operator (SO), we carry out primary research, speaking to key operators in the Industry. We also conduct site visits and interact with regulators and associations within the industry. I want to believe you know, and it is a general knowledge that Nigeria’s electricity market is troubled at the moment – poor remittances; weak governance; and deep political meddling, what needs to happen for there to be a positive shift? The solution to Nigeria’s electricity problems are multi-pronged. Having said that, there are two issues, which we believe if adequately tackled should result in significant long-term benefits in the electricity market. Pricing; electricity operators, particularly those in the grid segment have no control over electricity tariff. Despite multiple adjustments in the MYTO, the current tariff structure still does not reflect the true cost of electricity. This challenge is unique to operators that rely on the national grid for electricity distribution and is a key reason for the relatively weak cash flows of on-grid IPPs, as these operators have to operate within the MYTO tariff structure. This fixed tariff regimen implies that on-grid IPPs are not able to discriminate in pricing or restrict supply to those willing and capable of paying for electricity supply. For a truly viable electricity market - particularly for grid connected generation and supply, we believe it is imperative that tariffs are sufficient to cover the cost of operations for an efficient producer. Only then, will the industry be able attract much needed capital for expansion and growth. Gas; the industry’s energy mix is heavily skewed towards gas as all IPPs in Nigeria are currently thermal based. In our view, the reliance on gas is not bad in itself, considering that gas is a relatively cheap source of fuel and Nigeria has one of the largest proven gas reserves in the world. However, years of underinvestment in the domestic gas market - due to price control, regulatory impediments and pipeline vandalism, has impaired the commercial viability of supplying gas to key sectors such as electric power. In addition, the weak cash flows and liquidity of generating companies, have resulted

Although the federal government has frequently claimed the power sector is still attractive to investors, but there seems to be no new investments, for example, in the on-grid power sector so far, why is this so? Again, the controls on key pricing – gas-topower and electricity tariffs will continue to serve as deterrent to potential investors into the electricity market. The cap on electricity tariffs imply that operators - Gencos and Discos, have no control over the price charged for electricity delivered and has significantly impaired the financial viability of operators in the industry.

Kunle-Bello

in huge debts for gas supply, weakening operators’ credit profiles. Gas constraint is estimated to moderate the industry’s operational capacity by up to 1,200MW, resulting in average revenue losses of N2.4 billion daily. Renewable energy sources, though clean are relatively more expensive and are yet to be fully harnessed. Lowering the loss levels and capacity upgrades; the industry’s loss level is an indication of a highly inefficient system, which serves as a deterrent to any potential investor. The impact of the loss is more apparent when we consider that the cost of delivering electricity to the end-user is the same for an efficient electricity system - with minimal losses, and an inefficient one with huge losses like Nigeria. Industry loss - ATC&C, is estimated to be over 50 per cent, with some Discos recording up to 70 per cent losses. It is also noteworthy that the Transmission Company of Nigeria (TCN) has an installed capacity of 7,500MW, which falls below the installed generating capacity and estimated peak demand of 12,396MW and 19,056MW respectively. This implies that despite an increase in the generating capacity of the grid connected IPPs, TCN will not be able to evacuate more than 5,500MW - the grid’s operational capability. In our view, the industry requires significant investments across the value chain – generation; transmission; and distribution, for system upgrades, remote

monitoring and metering which should collectively lower the loss levels in the industry. Do these anomalies provide investors the conďŹ dence to consider investing in IPPs, what does the market lose from this? No investor wants to come into a market where the economic fundamentals of the business are unsound. So yes, these challenges will serve as a deterrent to additional private sector investment in the supply of grid connected electricity. Considering the current numbers of these licenced IPPs that haven’t taken off, should the NERC continue to grant licence to new entrants? Frankly I do not see how licencing new entrants is a disadvantage. The application for new IPP licences is an indication of the potential that investors see in the industry despite the myriads of challenges industry operators face. Nigeria has a large population and this provides a viable market for electricity generation. Peak demand for electricity in Nigeria is currently estimated at 19,100MW, excluding the potential industrial demand for electricity. However, our current generating capacity is just 3,500MW. Can you state what the Nigerian economy loses to poor electricity supply?

How much of impact do you think the failing of the power sector has on Nigeria’s ďŹ nancial sector or institutions which supported the 2013 privatisation exercise? As at year-end 2017, total exposures to the power industry was circa N564 billion, representing only four per cent of the banking industry’s loan books. The bulk of these loans were denominated in US dollars at disbursement while the obligors - power companies, earn their revenues in naira creating significant currency risks. In addition, given the naira devaluation, chronic cash flow issues and generally weak financial condition of operators in the industry, which has impaired the ability of these operators to make timely repayments on their obligations, a number of these loans have had to be restructured. In our view, in the absence of significant improvements in the economic viability, and consequently financial condition of these operators, the banking industry may suffer some of the same losses it did in 2015/2016 when lower crude oil prices resulted in high levels of impaired credits from oil and gas loans. Is the Power Sector Recovery Programme (PSRP) which the government initiated and drew up with the World Bank, what the sector needs to achieve uninterrupted power supply? I believe the PSRP, as with most policy documents, clearly articulates the challenges the Industry faces. The document is also clear on the steps that would be taken - cost-reflective tariffs; payment assurance facilities; and budget provisioning for MDA electricity debts, to ensure a financially viable electricity market. However, the discipline to follow through with these proposals or initiatives is what needs to be demonstrated.

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BUSINESSWORLD

‘Dangote New Cement Best for all Seasons’ The Block Moulders Association of Nigeria has described Dangote Cement’s new product - BlocMaster -as the best cement for all seasons. The new product, according to the Chairman of the Block moulders in Suleja, Niger State, Chief Patrick Markuche, dries faster even during the raining season and it has more yields, translating to more profits for his members. He described it as the best in terms of quality to have come from the company since inception. Emphatically, he said the new innovative cement from Dangote has helped improved his members’ revenue as he was able to deliver cement to customer with few days of moulding them, despite the rain. He said he has personally tested the product, even in the rain and he was happy to highly recommend it to all and sundry. He also revealed that members of his association have passed a vote of confidence on Dangote Cement as a company and on BlockMaster as the best cement for block moulding and other building purposes. According to him, “This is the best product from Dangote so far. We have tested it and we are very happy with the result gotten so far. Even in the rain, this cement is the best for the purpose.� Markuche further said cement has helped improved his revenue as he was able to deliver cement to customer within few days of molding

them. A major cement distributor, Alhaji Mukhtar Moriki, of Albabelo Company said block makers now demand for more as they are able to deliver to their customers few days after moulding. Dangote’s National Sales and Distribution Director, Adeyemi Fajobi, said the new cement is the king of cement, and a product of innovation. “Our customers, and key distributors are happy because of the strength and quality of this product. It is also very affordable and it gives them far more yields than all other cements in the market‌ it is currently the highest grade of cement in Nigeria. It is by far the strongest cement, bagged in the Nigerian market‌ this cement is 50 per cent stronger after one day and up to 15 per cent stronger after 28 days when the cement finally sets, so that explains the excitement displayed by our retailers and key distributors across the country.â€? Noting that there are other brands of cement, even from the company, the Director, Route to the Market, Funmi Sanni, said the BlocMaster quality has been certified as the best by regulatory agencies in the country including the Standards Organisation of Nigeria (SON). She said: “It is the king of cement because it is the best quality cement in Nigeria today, based on the laboratory research which shows it is of high quality in terms of value for money.â€?

Phase3 Wins Award Phase3 Telecom has won the ‘Broadband Internet Company of the Year’ award at the Nigeria Technology Awards 2018 which held in Lagos recently. According to Chief Executive Officer of Phase3 Telecom, Mr. Stanley Jegede, “The win confirms the company’s inimitable approach to amplifying regional connectivity that puts the customer’s need first. “That Phase3 has over the years being the indigenous firm at the forefront of increasing backbone infrastructure that will boost digital market viability and minimise the challenges of accessibility and reliability across sectors and layered connectivity needs. “Hence, very encouraging is such recognitions that validate the company’s daily commitment to driving its vision for Nigeria and the West African sub-region.� Jegede commended the organisers of the award and affirmed that Phase3’s growing realisation of its strategic insight and blueprint in limiting the current digital divide in Africa’s telecommunications industry was being validated by such honours and is certainly not taken for granted.

He also reiterated that Phase3’s continuing collaboration with key partners allows it to extend its reach in the West African subregion thus solidifying its space as an indigenous telecom service provider of repute and one of the broadband champions of Africa’s socio-economic development. According to Jegede, “the win is a motivational boost to Phase3’s focus in the coming months to drive a network infrastructure that connects people and serves as a frontrunner in scaling a network that help grow economies and effectively support technological innovations that expand our world and make it better in all sectors.� Thanking the firm’s supporters and stakeholders; Jegede maintained that speedy broadband penetration was also a major focus as Phase3 would continue to ensure that the region enjoys good quality of service, reliability and exceptional customer experience, riding on investment in communications technology that enables clients to share critical and big data within a secure, reliable and scalable infrastructure.

NEWS

Sugar Council Introduces Measures to Check Flooding, Others Jonathan Eze Worried by perennial flooding across sugar estates and plantations in the country, the Executive Secretary of the National Sugar Development Council (NSDC) Dr. Latif Busari, has said the council is working in collaboration with sugar companies to address the challenges. Busari, who noted the negative impact of flooding on investments in the country’s sugar industry over the years, said since sugar projects are located in flood plains and

close to water sources, hence sugar companies must invest in early warning systems and also construct flood protection system. The NSDC Executive Secretary who dropped this hint while addressing journalists during the southern region sugar sensitisation workshop in Benin City, Edo state said, investors have continued to record huge losses which he said must be addressed in order to encourage investors to remain business. To cushion the effects of the yearly losses recorded by sugar companies owning to

flood, Busari said “as a solution council, we will support the provision of loans under liberal terms to any operator who wishes to construct dykes for flood control. “On our part, we shall continue to welcome and support initiatives that would make the nation’s sugar industry attractive to local and foreign investors.� On recurring clashes between sugar companies and host companies, Busari said “ The Sugar council has ongoing activities to sensitise host communities on economic prospects of

sugar projects�. He said the council was also encouraging the establishment of sugarcane out-grower schemes and other corporate social responsibility projects by sugar projects. Also speaking at the workshop, the Director, Policy Planning Research and Statistics, NSDC, Mr. Kolawole Hezekiah, said the council has put in place necessary measures that would attract investors to the sector. The workshop had “The emerging challenges in the implementation of the NSMP towards the realisation of National self-sufficiency in sugar,� as its theme.

THIS IS OUR SCORECARD

L-R: Company Secretary, Crownrise Finance Plc, Adedoyin Shobiye; MD/CEO, Mr. Babatunde Rufai-Lariba and Chairman, Mr. Abayomi Babalola, during the company’s annual general meeting in Lagos‌recently

Geometric Power Signs Fresh Gas Supply Agreement with NNPC, Others Chineme Okafor in Abuja Geometric Power, Nigeria’s foremost indigenous independent power company, has signed a new agreement with the Nigerian National Petroleum Corporation (NNPC), Shell Petroleum Development Company (SPDC), Total and Agip, who are joint venture partners for the supply of 43 million standard cubic feet of gas per day (mscfd) to its 141 megawatt (MW) power plant in Aba, which will be scaled to 188MW. The agreement, THISDAY learnt was midwifed by the by

the Gas Aggregation Company of Nigeria (GACN), and its initialling witnessed by Dr. Tim Okon, who is a Special Adviser to the Minister of State for Petroleum, Dr Ibe Kachikwu. The deal, according to officials of Geometric, was expected to push gas supply to the plant. Geometric Power, which was founded by the former Minister of Power, Prof. Bart Nnaji, had actually signed in 2009, a gas supply agreement with the joint venture partners but the agreement lapsed on account of the controversial sale of the Aba ring fenced distribution network to the Enugu Disco during the

privatisation of the 11 Discos in the country by the Goodluck Jonathan administration in 2013. A statement from Geometric on the development, quoted Okon, to have said the agreement would help increase gas utilisation in Nigeria, as well as enhance the viability of gas commercial frameworks in the country. Okon, said: “We need to promote marketdriven projects as solutions to long-term solutions to Nigeria’s economic crisis.� His comments followed that of the Chief Executive Officer (CEO) of GACN, Mr. Morgan Okwoche, who commended

Geometric Power by for its resilience, and expressed optimism that the integrated power firm would help create industrial clusters with efficient electricity supply. Also quoted in the statement was Ben Caven, a former executive director of the defunct National Electric Power Authority (NEPA) who explained that the establishment of the GACN to issues gas purchase orders to gas off-takers has made it necessary for Geometric to renegotiate its deal for gas supply to the independent power project in Aba.

CMD Moves to Bridge Dearth of Manpower Jonathan Eze The Centre for Management Development (CMD) has moved to bridge the dearth of manpower skill in Nigeria. The acting Director General, CMD, Mr. Bitrus Chinoko, explained that the move was apt in order to bring the nation’s active population workforce to speed to global trends in the learning and development space. Chinoko, represented by the Director Research and Consultancy, CMD, Bode Newo,

at its annual conference tagged: “Emerging trend in learning and development in Nigeria’s public and private sector,� said the centre was reawakening and refreshing the heads of training and development organisations to build their capacities and competencies. “The Centre for Management Development (CMD) was established in the wink of indigenisation to develop manpower capacity in a bid to achieve economic development. “Lately we found out that a lot of people are into training

without the requisite competencies to deliver training. We have decided to look at the issue of learning and development in Nigeria. “There are emerging issues and there are things that must be done for capacities to be built, for competencies to be developed so that performance will be enhanced with productivity guaranteed.� According to him, the centre was in talks with the Corporate Affairs Commission (CAC) to ensure that whoever registers any outfit for training or consultancy

must have CMD accreditation. Chinoko said: “For us to deliver optimally, we need the support of government, private sector not even in terms of funding but in terms of believing in what we are doing and giving us the patronage and support. “We hope to imbibe into the participants the trending activities in learning and development and we also expect that beyond what we do in the classroom, they are able to take to their workplace some of those things we have talked about.�

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BUSINESSWORLD

ANALYSIS

AsSuntrust,San LeonReturntoTrenches With the breakdown of the out-of-court-settlement between an indigenous oil company, Suntrust Oil Company Limited and an Irish company, San Leon Energy Plc, the court has fixed February 6, 2019 to resume hearing on all pending applications and winding up petition, Davidson Iriekpen writes

A Federal High Court in Lagos has fixed February 6, 2019 to hear of all pending applications and the winding up petition filed by an indigenous oil company, Suntrust Oil Company Limited against an Irish company with business interests in Nigeria, San Leon Energy Plc. The court, presided over by Justice Sule Hassan, arrived at the date, due to the breakdown of the out-of-court-settlement initiated at instance of the respondent, San Leon Energy Plc. Trouble started when on March 14, 2018 in suit number FHC/L/CP/402/2018, Suntrust Oil Company Nigeria Limited filed a winding up petition against San Leon Energy Plc, a limited liability company incorporated in the Republic of Ireland for failure to pay Guaranty Trust Bank (GTBank) loan. Suntrust Oil, in the petition, alleged that the Irish-based firm was indebted to it to the tune of $47,689,123 as of March 14, 2018. According to the oil firm, the amount was pursuant to an irrevocable and unconditional payment undertaking issued by San Leon Energy to the petitioner in which San Leon irrevocably and unconditionally undertook to pay the sum of $53,839,123 to the petitioner on or before November 30, 2016, out of which the debt remains due. The petitioner added that the debt excludes further interest, which has accrued since September 20, 2016, to which San Leon remains indebted. The particulars of the debt as submitted to the court by Suntrust Oil showed that in June 2016, it sold shares to Midwestern Leon Petroleum Limited in return for the payment of the sum of $53,839,123. The court documents showed Suntrust Oil had acquired the sale shares with the proceeds of a loan from Guaranty Trust Bank, which amounted to $53,839,123. Suntrust Oil further told the court that in or about August 2016, San Leon Energy took over the sale of shares from its affiliate Midwestern Leon in return for payment of GTBank loan to Suntrust. According to the petitioner, San Leon Energy had informed it that it (respondent) would pay the GTBank loan from the proceeds of sale of its shares, which at that time were the subject of an application for admission to the London Stock Exchange’s Alternative Investment Market. In an irrevocable payment guarantee dated September 20, 2016, San Leon was quoted by Suntrust as stating that “San Leon Energy

hereby issue this irrevocably and unconditionally guarantee to Suntrust, that San Leon shall pay sums due under the GTBank loan and GTBank loan interest. San Leon hereby confirms that the GTBank loan and GTBank loan interest shall be fully paid and discharged on or before November 30, 2016.� Suntrust, however, added that San Leon Energy made only three small payments and defaulted on the terms of the guarantee. “The respondent has made three small payments in respect of principal and interest pursuant to its irrevocable payment guarantee as follows: December 21, 2016 - $1.35 million; March 8, 2017 - $4 million and $800,000. Notwithstanding the three payments referred to in the preceding paragraph, the respondent has failed or refused to pay and discharge the debt. Your petitioner reasonably believes that the respondent is insolvent and unable to pay its debts,� said Suntrust Oil in the petition. When the winding up petition was filed, due to the refusal of the respondent to accept the verifying affidavit and other supporting documents from a courier service, Justice Hadiza R. Shagari issued an order granting leave to petitioner to serve the processes on San Leon. The judge also granted Suntrust’s application for leave to advertise the winding up petition, affidavit and other processes and supporting documents on San Leon in the Republic of Ireland, outside the jurisdiction of the court at the respondents registered

Suntrust Oil further told the court that in or about August 2016, San Leon Energy took over the sale of shares from its afďŹ liate Midwestern Leon in return for payment of GTBank loan to Suntrust

office. He further ordered that such service be effected by way of airmail courier service at the identified San Leon Energy’s registered office outside the jurisdiction of the court as First Floor, Wilton Park House, Wilton Place, Dublin 2, Republic of Ireland. While this was going on, Suntrust alleged that in order to acquire an indirect economic interest in OML 18, San Leon Energy Plc began acquiring direct and indirect interests in Martwestern Energy’s shareholding from March 2016, contrary to the November 2013 shareholders’ agreement between it, Martwestern Energy, Midwestern Oil, and Mart Resources Inc. It therefore asked the court to summon San Leon and six other defendants – Midwestern Leon Petroleum Limited, Martwestern Energy Limited, Midwestern Oil and Gas Company Limited, Mart Resources Inc; Minister of Petroleum Resources and the Corporate Affairs Commission (CAC) - to appear before it within 30 days in the suit No. FHC/L/CS/793/2018 brought before the court by Suntrust Oil in respect of Oil Mining Lease (OML) 18. According to the concurrent writ of summons issued by Suntrust’s lawyer, Prof. Fidelis Oditah (SAN) and signed by the court Registrar, he asked the court to stop the process with immediate effect by summoning the defendants to appear before the court within 30 day to explain why they (San Leon Energy and Midwestern Oil and Gas) formed Midwestern Leon Petroleum Limited as a special purpose vehicle to acquire and restore the entire shareholding in the Martwestern Energy outside the framework of the shareholders’ agreement. The plaintiff also told the court that Midwestern Oil and Mart Resources Inc. transferred all their shareholdings, four million shares each, to Martwestern Energy to Midwestern Leon Energy (Sale Shares), adding that Midwestern Leon did not execute the Deed of Accession as required by Clause 13 of the shareholders’ agreement. It further alleged that none of the sale shares was offered to it whether pursuant to Clause 11 of the shareholders’ agreement or otherwise, adding also that at no point did it waive its right of first refusal. In its claim, the plaintiff sought 18 reliefs, including a declaration that by virtue of Clause 11.1 of the shareholders agreement dated November 2013 between the plaintiff and the third, fourth and fifth defendants, no shareholder has the right to sell or transfer or otherwise dispose of all or any part of its

shareholding in the third defendant unless and until the shareholder first gives the other shareholders a right of first refusal to buy such shares evidenced by a transfer notice stating the selling shareholder’s intention to sell such shares and setting forth the full terms including the price at which it intends to sell the specific shares. Suntrust Oil sought a declaration that pursuant to Clause 21 of the said shareholders’ agreement, there can be no waiver of a shareholder’s right of first refusal unless such waiver is evidenced in writing and signed by the waiving party. It asked the court to issue a declaration that pursuant to Clause 13 of the said shareholders’ agreement, no additional shareholder can be admitted as a shareholder of the third defendant unless all the existing shareholders provide unanimous consent and such additional shareholder executes a Deed of Accession substantially in the terms set out in Schedule 2 of the said shareholders’ agreement. It prayed the court to declare that the purported transfer of 357,143 shares by the plaintiff to the second defendant on or about April 11, 2016 violated Clause 11 and 13 of the shareholders’ agreement and is consequently null and void. Suntrust Oil wanted the court to void the purported transfer of 1,642,857 shares by the plaintiff to the second defendant on or about September 2016, as it violated Clause 11 and 13 of the said shareholders’ agreement. It, among other reliefs, sought a declaration that the purported transfer of four million shares in the third defendant by the fifth defendant to the second defendant on or about May 30, 2016 violated Clause 11 and 13 of the shareholders’ agreement and is consequently null and void. For all of this, San Leon raised a cloud of spurious objections as most companies facing a winding up petition do. It later opted for an out-of-court settlement. Between July and early October 2018, both parties and other interested parties explored out-of-court-settlement and the winding up proceedings were adjourned. While some progress was made, San Leon and its affiliates could not perform their own side of the bargain, leading to a breakdown of the out-of-court-settlement. This made Suntrust to resume the litigation and on December 3, 2018, the court scheduled February 6, 2019 for the hearing of all pending applications and the winding up petition.

THISDAYt TUESDAY DECEMBER 11, 2018

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WEEKLY PULL-OUT

11.12.2018

NBA-SLP: THE ROLE OF LITIGATION IN THE 2019 NIGERIA ELECTORAL PROCESS Chief Ladi Taiwo

L-R: Rivers State Deputy Governor, Ipalibo Gogo Banigo, former NBA President and Ondo State Governor, Rotimi Akeredolu, SAN, Rivers State Governor, Nyesom Wike, Justice A.A.B. Gumel, NBA-SBL Chairrman, Miannaya Essien, SAN, Chief Ferdinand Orbih, SAN, Rivers State Chief judge, Hon. Justice Adama Iyayi-Lamikanra, former NBA President, O.C.J. Okocha, SAN, NBA National Publicity Secretary, Jonathan Gunu Taidi, Justice Joe Egwu, Rivers State former Governor, Celestine Omehhai and Rivers State Attorney-General, Dr. Zacchaeus Adangor

2/DASHBOARD

11.12.2018

Supreme Court: Jurisdiction to Determine Appeals on Grounds Not Based on Law PAGE 4

Osinbajo to Deliver Keynote Address at Unilag Law Class ’86 Reunion Dinner PAGE 5

FIDA Lagos Marks Activism against GenderBased Violence, with Visit to Hospitalised Children at LUTH PAGE 5

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 ‘ 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

Kwara Speaker Praises Governor Ahmed for Assent to the Adoption of the ACJA into Law PAGE 5

‘Be Passionate about the Dispensation of Justice’ PAGE 6

COLUMNISTS OLAWALE FAPOHUNDA Olawale Fapohunda, is the Attorney-General of Ekiti State. A frequent contributor to Thisday Lawyer since its inception, he has written severally on the limitations of the administration of justice system in Nigeria, and the need for urgent reforms. He has played a leading role in several governmental and nongovernmental initiatives, aimed at enabling legal, policy and administrative interventions, for managing the justice system and the institutions that deliver justice. SERIOUS MATTERS aims to contribute to national discussions on law reform, institutional strengthening, and good governance across the three arms of government

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), atThe 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-avis the Constitution, International Treaties and Conventions to which Nigeria is a signatory, Judicial Precedent and other relevant statutes and issues.

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

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The Grey Side of EFCC

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Mr A and the EFCC ast week, when I wrote about the Economic and Financial Crimes Commission (EFCC), I told you that I hadn’t been stepped into that agency for many years; as counsel to any client, the last time I visited EFCC was probably about eight years ago. That visit left such a bad taste in my mouth, so much so that, I decided that I would avoid representing any client at the EFCC until further notice. My client had purchased a property from a company, in which Mr A was a director and shareholder. The company was previously owned by Mr A’s parents. When Mr A’s father died, he left everything to Mr A, who took over his father’s position and became a co- director with his Mother. When Mr A’s mother died, she also left everything to Mr A. So, in accordance with the memorandum and articles of association of the company, Mr A provided a letter of consent for the appointment of two of his children, to become co-directors in the company, to meet the minimum requirement of two directors. The necessary documentation, were filed at the Corporate Affairs Commission (CAC). The three directors executed a deed of assignment in favour of my client, in respect of the property which he had purchased. Unknown to Mr A, his disgruntled siblings had gone to the CAC to crimi-

nally and fraudulently alter the list of directors and shareholders, to include themselves. They certainly did not have the consent of Mr A, which was a prerequisite for any such registration. They then attempted to use their fake CAC papers, to exert pressure on my client to pay them money, in addition to the purchase price which he had already paid in full. They constituted themselves as thorough nuisances, and also tried to prevent my client from taking possession of the property. Of course, the matter ended up at the EFCC, and while we presented the genuine documents on behalf of my client and Mr A, the fraudulent siblings came armed with their fake CAC

“THERE IS A PLETHORA OF AUTHORITIES, WHICH HAVE DECIDED THAT, LAW ENFORCEMENT AGENCIES LIKE THE EFCC, POLICE, AND THE ARMY, ARE NOT DEBT RECOVERY AGENCIES, AND THEY SHOULD NOT BE USED AS SUCH”

documents, with some ‘obiter dicta’ of a judgement in tow, to buttress their case. To my shock and amazement, the EFCC operatives did not so much as visit the CAC to do a search on the company, investigate its history and the veracity of the documents tendered by the fraudulent siblings, nor did they visit the Probate Registry to obtain copies of the wills of Mr A’s parents, and I imagine that, the matter was not referred to the EFCC Legal Department for a proper opinion, because if it was, they would have been informed by their legal experts that, ‘obiter dictum’ is the latin phrase for ”by the way”- something “said in passing” in a judgement, which does not form part of the court’s decision and is not binding. All that those operatives were interested in, was my client settling the fraudulent siblings! What really disgusted me, was their obvious lack of interest, in even trying to do any investigation of the forgery at the CAC (which is a criminal offence), and find out the truth. I told my client that it was obvious that the EFCC operatives were in cohorts with the fraudulent siblings, having probably been promised a ‘piece of the pie’, and it was best he pursued the matter in a court of law. He did, he won and took possession of his property, without paying any extra kobo to anyone. Eight years later, it is unfortunate that, not much seems to have changed

ONIKEPO BRAITHWAITE

THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com at the EFCC. As the saying goes “charity begins at home”. Maybe Government should fight corruption first, within its institutions and ranks, starting with the law enforcement agencies, before going further afield, in order to make the fight against corruption more sincere and effective, with the aid of incorruptible operatives. In response to my piece last week, I received this email–

Dear Editor Re: EFCC: The Use and Abuse of Bondspersons Dear Editor, Thank you very much for this interesting piece. Unfortunately, this is only one of the excesses, of this so-called law enforcement agency. I am surprised that you failed to mention that, the EFCC also serves as a glorified debt recovery agency. People have come back to say that, the EFCC operatives collect a debt recovery percentage on most recoveries. I fear that, corruption

Acting EFCC Chairman, Ibrahim Magu

has eaten so deep into the fabric of our society, that it cannot be eradicated. C.O., Lagos

important thing, is for the battle to begin with sincerity of purpose. This will be a step in the right direction. Editor

Dear C.O., Thank you for your email. I do agree with you that corruption has become part and parcel of our society; however, we must not give up hope. A war is not usually won, in one day. The

Legal Position Section 6 of the Economic and Financial Crimes Commission (Establishment) Act 2004 (EFCC Act) lays out the functions of the EFCC. It is unlikely that Section 6(b)

of the EFCC Act which lists infractions like advance fee fraud, money laundering and contract scam, as part of the responsibilities of the EFCC, can be extended to debt recovery, which is usually a civil matter of simple contract. Section 8(2) of the Administration of Criminal Justice Act 2015 (ACJA) clearly provides that a suspect shall not be arrested merely on a civil wrong or breach of contract. Therefore, the use of agencies like the EFCC, Police etc for debt collecting, and the intimidation of debtors with arrest, is unlawful. There is a plethora of authorities, which have decided that law enforcement agencies like the EFCC, Police, and the Army, are not debt recovery agencies, and they should not be used as such. They themselves, must peruse all complaints brought before them thoroughly, to determine whether they qualify as matters which fall within the purview of their instructions, and if not, refer the Complainants to the appropriate quarters. OGBONNA v OGBONNA 2014 LPELR -22308 (CA). Section 4 of the Police Act, also sets out the functions of the Nigeria Police, and debt recovery, is not one of them. ANOGWIE v ODOM 2016 LPELR – 2014 (CA) It is trite that, no agency can act outside the purview of the provisions of its establishing statute. In SKYE BANK PLC v EMERSON NJOKU 2016 LPELR – 40447 (CA) the court held inter alia that, Complainants who wrongly used agencies such as the EFCC and the Police, to violate the rights of people, must be made to pay for their actions. I concur. So, creditors who are fond of using the Police to arrest and detain debtors until they pay up, take note. You and your law enforcement cohorts, may become liable in damages and costs, to such debtors, for wrongful arrest etc.

4/LAW REPORT

11.12.2018

Supreme Court: Jurisdiction to Determine Appeals on Grounds Not Based on Law

T Facts

he Appellant, who was an employee of the Respondent, had his employment terminated by the Respondent. He instituted an action at the High Court, challenging the termination of his employment. At the Court of Appeal, it was declared that the termination of his employment was wrongful and he was awarded one month’s salary in lieu of notice as damages. He subsequently, instituted another action against the Respondent, wherein he claimed the sum of N2,201,351.10 as outstanding salaries, benefits, pension contribution and gratuity. In the course of proceedings, the suit was adjourned two times at the instance of the Appellant; on the third occasion, the Respondent applied that the suit be struck out, because the Appellant was absent and unrepresented. The Court granted the application, and struck out the suit for want of diligent prosecution. The Appellant thereafter, filed a Motion on Notice seeking inter alia, an order of the Court relisting the suit that was struck out. The Court held that, the reason given for the Appellant’s failure to apply to relist the suit since it was struck out in 1996, being attempts at settlement out of court, was not tenable. The learned trial Judge found that it was not appropriate for him to exercise his discretion in favour of the Appellant, and consequently, dismissed the application. Dissatisfied with the ruling of the trial Court, the Appellant filed an appeal to the Court of Appeal which Court dismissed the appeal, and upheld the ruling of the trial Court. Still dissatisfied, the Appellant appealed to the Supreme Court. Issue for determination The Appellant submitted three issues for determination by the court, while the Respondent submitted one issue. The Respondent also raised a Preliminary Objection which the Apex Court determined the appeal on to wit: “Whether pursuant to Order 2 Rule 9(1) of the Supreme Court Rules, the three grounds of appeal filed by the Appellant are competent.” Arguments Counsel for the Respondent who filed the Preliminary Objection contended that, the three grounds of appeal when read with their particulars, question how the learned trial Judge exercised his discretion in refusing to relist the matter on the cause list. He submitted that, the three grounds were therefore, questions of mixed law and facts, or questions of facts alone. Counsel relied on OGBECHIE v ONOCHIE (1986) 2 NWLR (Pt. 23) Page 484; AMUSA v ADELODUN (1994) 8 NWLR (Pt. 360) Page 23. It was submitted further for the Respondent that, in view of the fact that the Appellant failed to apply to the Court for leave to appeal as provided under Section 233(3) of the Constitution of the Federal Republic of Nigeria 1999, the appeal was incurably defective and incompetent. Counsel urged the Supreme Court to strike out the appeal. In his response to the Preliminary Objection, Counsel for the Appellant, explained the three grounds of appeal one after the other. He observed that, ground 1 questioned why the Court of Appeal failed to differentiate issues for the substantive suit and one for motion on notice; he submitted that, this was a ground of law. He stated that ground 2 was to the effect that, the Court of Appeal misdirected itself on the interpretation of Section 36(2)(a) of the Constitution of the Federal Republic of Nigeria 1999 and on Order 21 Rule 4 of the High Court (Civil Procedure) Rules and submitted that, the ground was a ground of law. Finally on ground 3, he stated that the Court of Appeal condoned the trial Court’s evidence on mistake of Counsel, contending that, this also, is a question of law. Counsel relied on IBIYEYE v FAJULE (2006) ALL NWLR (Pt. 302) Page 156. Counsel reasoned that, all the three grounds of appeal are on issues of law, and by virtue of the provisions of Section 233(2) of the Constitution of the Federal Republic of Nigeria, 1999 the Appellant’s appeal is as of right. He urged

Olabode Rhodes-Vivour, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 1st day of June, 2018 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili John Inyang Okoro Amiru Sanusi Sidi Dauda Bage Justices, Supreme Court SC.320/2006 Between Stephen Babatunde Shittu .........

Appellant

and Peugeot Automobile Nig. Ltd ............Respondent (Lead Judgement delivered by Hon. Olabode Rhodes-Vivour, JSC)

the court, to dismiss the Preliminary Objection. Court’s Judgement and Rationale In determining the Preliminary Objection, the Supreme Court stated that, a Preliminary Objection can only be taken against the hearing of an appeal, and not against one or more grounds which are not capable of disturbing the hearing of the appeal. The Court stated further that, a Preliminary Objection is only filed for the sole purpose of informing the Court that the appeal is incompetent or fundamentally defective; if it succeeds, the appeal will no longer be heard. The Supreme Court observed that the difference between a ground of law and a ground of mixed law and facts can be very narrow, and

“THAT IS TO SAY, THE SUPREME COURT NOW, CAN ONLY HEAR APPEALS WHERE THE GROUND OF APPEAL INVOLVES QUESTIONS OF LAW. SEE SECTION 233(1) AND (2) OF THE CONSTITUTION”

that labelling a Ground of Appeal an error of law or misdirection, may not necessarily be so. The Court stated that, appellation is irrelevant in determining whether a Ground of Appeal is of law or mixed law and fact. The Court should examine the grounds and their particulars, and identify the substance of the complaint, in order to resolve the issue of whether a Ground of Appeal is of law or mixed law and fact. The Court went further to state that, where facts warrant a determination either way, it is a question of fact. A question of law is where the grounds show a misunderstanding of the Court below of the law, or a misapplication of the law to the facts already established or admitted. By Section 233(2) of the 1999 Constitution, appeals on grounds of law are as of right. CHIEF (DR.) PERE AJUWA & ANOR v THE SHELL PETROL DEVELOPMENT CO. OF NIG LTD (2011) 12 SC (Pt. IV) Page 118. A ground is a question of mixed law and facts, where the grounds question the evaluation of facts by the Court below, before the application of the law. Where the grounds of appeal are on the facts, leave to appeal is mandatory; it must be applied for and obtained. The Court stated that, if no leave was applied for, then the Supreme Court would have no jurisdiction to hear the appeal - AULT & WIBORG (NIG) LTD v NIBEL INDUSTRIES LTD (2010) 6-7 SC (Pt. I). The Supreme Court held that, where the grounds of appeal are not of law alone, but are of mixed law and facts, the right of appeal from the penultimate Court to the top Court, can be exercised where the Appellant has sought and obtained the leave of either the Penultimate Court or the top Court. It follows that, any Notice of Appeal filled where the grounds are of facts or mixed law and facts and leave was not applied for and obtained, such a Notice of Appeal is null and void. The Apex Court examined the Notice of Appeal and the grounds of law in question, and observed that, all the Grounds of Appeal are about when and how judicial discretion should be exercised. The Court of Appeal was to decide, if the trial court exercised its discretion judicially and judiciously. Their Lordships held that, this appeal is thus, against the exercise of judicial discretion which was affirmed by the Court of Appeal. Finally, the Supreme Court held that, grounds 1, 2 and 3 contained in the Appellant’s Notice of Appeal questioned the learned trial Judge’s exercise of discretion. Discretion, the Court held, is an issue of fact and law. The Court finally stated that, the grounds are therefore, of mixed law and facts, and are caught by Section 233(3) of the Constitution of the Federal Republic of Nigeria, 1999. The Supreme Court thereby, upheld the Preliminary Objection and struck out the appeal. The Supreme Court further observed that, pursuant to the First, Second and Third Alterations Act which amended the Constitution of the Federal Republic of Nigeria, 1999, there is no longer Section 233(3) in the Constitution and in effect, the Supreme Court can only hear appeals where the grounds of appeal involves the questions of law only. Appeals on grounds of mixed law and facts, end at the Court of Appeal. In the ‘concurring’ opinion of Honourable PeterOdili, JSC, Her Ladyship agreed with the Appellant and held that, the grounds of appeal are of law, and that leave of Court was not required by the Appellant. Her Ladyship consequently dismissed the Preliminary Objection. Her Ladyship however, considered the issue(s) in the main appeal and held that, the Court of Appeal was correct to hold that there was a proper exercise of judicial discretion by the trial Court. Based on this finding, Her Ladyship also dismissed the appeal. Appeal Dismissed. Representation Anne T.U. Ibilola for the Appellant O. Tolani with K. Momoh, P.O. Olusuyi and M.M. Baba for the Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

11.12.2018

NEWS/5

NEW WIG L-R: Mother of the New Wig, Sonia Agbasi, New Wig’s Grandfather, Owelle Gilbert Chikelu, New Wig, Renee Agbasi, and her Father, Phillip Agbasi

L-R: FIDA Lagos Treasurer, Mrs. Chinyere Obiagwu, General Secretary, Mrs. Phil Nneji, Mrs. Adejoke LayiBabatunde, FIDA Lagos Chairperson, Mrs. Ngozi Ogbolu, Deputy Director, E-Block, Zone 2 LUTH, Mrs. Oluchi Nnawuchi and Coordinator of the FIDA visit, Mrs. Adero Olagbegi Fadahunsi during the visit, last Thursday

Osinbajo to Deliver Keynote Address at Unilag Law Class ’86 Reunion Dinner Akinwale Akintunde The graduating class of 1986 of the Faculty of Law, University of Lagos, will be celebrating their first annual class reunion, after thirty two years of graduating from the Faculty. The event Tagged ‘Lagos 2018 Reunion’, will be held on Friday, December 14, 2018 at the Radisson Hotel, located on Isaac John Street, GRA Ikeja, Lagos. According to the statement

signed by the Interim National Publicity Secretary of the 2018 Reunion Committee, Mr. Bayo Alabidun, the Vice President, Professor Yemi Osinbajo, SAN, is expected to give the keynote address at the reunion celebration, which will be chaired by Prince Julius Adelusi-Adeluyi, who is also a member of the class and Chairman Juli Pharmacy and President, Nigeria Academy of Pharmacy. Alabidun further stated that, a wide-range of activities

lined up for the evening of fun, include the dinner slated for 7pm, and this will be preceded by a red carpet event and cocktail starting at 5p.m. In the statement, Alabidun also indicated that, a Lifetime Award will be bestowed on the Vice President, who was one of the lecturers who moulded members of the Class to become responsible legal practitioners of the Nigerian Bar and Bench, and leaders of reputable

organisations within and outside Nigeria. Although the class graduated thirty two years ago, Alabidun said this year's reunion being hosted by members of the class, will provide a unique opportunity for their colleagues, lecturers and spouses, to celebrate and rub minds together. Members will also use the opportunity to network, and seek ways to improve their alma mater, as well as Legal Education in Nigeria.

Lawyers, Others, Admitted as New Fellows of Society of Construction Industry Arbitrators Akinwale Akintunde Three lawyers, Mrs. Funmi Roberts, Hon. Sola EphraimOluwanuga and Diane Okoko were among those who were admitted last Friday, as Fellows of the Society of Construction Industry Arbitrators (SCIArb). Others admitted at the society’s 2018 Fellowship investiture dinner, which held at Westwood Hotel, Ikoyi, Lagos are Arc. Solomon Zomuche Labafilo, Mr. Soji Adeniji, Arc. Elimsiemom Chris, Pastor Emmanuel Bassey, Prince Akinboro Aderemi Rafiu, Mrs. Olayinka Kingsley-Otaru, Mr. Adeleye Adepoju and Mr. Raheem Abdulbaki. The Society is a professional Arbitration Body in the construction industry, which specialises in providing a one-stop shop for the resolution of disputes in construction contracts through arbitration, mediation, conciliation, negotiation, meditative conciliation ,and other methods of alternative dispute resolution (ADR) mechanisms. Established in 1993 and registered by the Corporate Affairs Commission (CAC) under the Company and Allied Matters Act (CAMA) as a non-governmental and non-profit making organisation, its membership cuts across the building professionals, which include, Engineers, Quantity Surveyors, Estate Surveyors and Valuers, Town Planners, Builders

Architects and Lawyers. Speaking during the investiture, Mr. Kola Awodein, SAN, President and Chairman of SCIArb, enjoined all the newly admitted Fellows to live up to the revered position, by showing good examples to the younger Members of the Society. Awodein, who was unavoidably absent at the event and whose address was read by the 2nd Vice President, Arc Samuel Fakolade, recalled that the Society was one of the earliest arbitration bodies established in Nigeria. “This great Society was started in 1993 as the Institute of Construction Industry Arbitrators, with the aim of providing an institutional framework for the resolution of disputes through arbitration, conciliation, or other form of Alternative Dispute Resolution (ADR) in the Construction Industry. “Today, it has more than 1700 members and 50 Fellows”, SCIArb President added. Also speaking at the event, SCIArb Sectary-General, Emmanuel Dike, said the new Fellows underwent “rigorous training” in the area of arbitration. “For those of them who are already construction industry professionals, we train them extensively in arbitration and for those who are not construc-

tion industry professionals, we train them on what we call subject-matter competence in construction issues, so that their knowledge of arbitration and technical construction matters are blended to form a special variety of arbitration, that is known as construction industry arbitration. “We expect that, they discharge their duties as arbitrators without fear or favour.” Speaking on behalf of the newly admitted Fellows, Ephraim-Oluwanuga said it was a day they had been looking forward to. “Infrastructure is key to the development of any nation. If

we can get resolving disputes in infrastructure right, Nigeria will be alright”, he said. He lamented that Nigerians spend too much time “and too many years” in court, trying to resolve disputes. “It is time to begin to come out, and begin to ensure that we resolve our disputes either through mediation, reconciliation and arbitration; it is in this light that all the new fellows, myself inclusive, will like to thank our leaders in this industry, for inviting us to join this eminent college. We want to promise you that, we will not let you down”, Ephraim-Oluwanuga added.

FIDA Lagos Marks Activism against Gender-Based Violence, with Visit to Hospitalised Children at LUTH Akinwale Akintunde The Lagos State Chapter of International Federation of Women Lawyers (FIDA) Nigeria, joined the rest of the world to mark United Nations 16 days of Activism against Gender-Based Violence. The event which is globally marked between November 25 and December 10 every year to raise awareness about violence inflicted on women and girls across the world has its theme for this year tagged: ‘Orange the World:#HearMeToo’. As part of activities marking the days, FIDA Lagos, last Thurday paid a visit to sick children hospitalized at Lagos University Teaching Hospital (LUTH), Ward E4. The women lawyers during the visit, donated gift items ranging from toiletries, mosquito nets, provisions, cereals etc. to the Ward E4 also known as FIDA Children Ward at LUTH. Speaking during the visit, the Chairperson, FIDA Lagos, Mrs. Ngozi Ogbolu said the gesture has been one of the major focuses of the association because of their passion for women and children. “We are here to visit the children in FIDA Ward E. This is FIDA Nigeria Ward in LUTH. The visit is part of the programme to commemorate

2018 16 days activism tagged ‘Violence against Women and the Girl Child. We added the visitation to this Ward to our programs”, she said. Noticing that doctors were on strike during the visit, Ogbolu called on the government to make health sector its priority. “We noticed when we came that as against previous visit, we see more children in the ward but now. We are urging government to take seriously anything that has to do with women and children and their health in particular in this country. It is not an issue to joke with because anything can happen and they owe it a duty to protect citizens’ lives. “So, the government should make health sector its priority, ensuring that the doctors and other medial personnel do not go on strike”, she added. Also speaking during the visit, Mrs. Mrs. Adero Olagbegi Fadahunsi, a member of FIDA, who facilitated the visit on behalf of the association explained that gender based violence has become a global pandemic and a moral affront to most women and girls. She said for that reason FIDA Lagos chose to commemorate the 16 days of activism by visiting FIDA Children’s Ward at LUTH to show their affections for the hospitalized children, adding that the association has passion for children, the less privileged especially.

Kwara Speaker Praises Governor Ahmed for Assent to the Adoption of the ACJA into Law Hammed Shittu in Ilorin The Speaker of the Kwara State House of Assembly, Dr.Ali Ahmad, has eulogised Governor Abdul Fatah Ahmed, for assenting to adopting the Administration of Criminal Justice Act, recently passed by the State House of Assembly into law The law tagged"Kwara State Administration of Criminal Justice Law, 2018" was as-

sented to over the weekend in Ilorin by the State Governor, Alhaji Ahmed. The Speaker, while reacting to the Governor's assent to the law, expressed confidence that the 490 clause law, is the most efficient and sophisticated law on the subject-matter in the country. It would be recalled that the current Speaker, Dr. Ali Ahmad, was the one who during the 7th Legislature

of the House of Representatives, sponsored the ACJA, ensured through the then Attorney-General of the Federation, that it was signed into law, by the then President Dr. Goodluck Jonathan. Under the new law, which reflects recent Supreme Court pronouncements and especially stern warnings from the Chief Justice of Nigeria, holding charges by courts

are now completely outlawed. Thus, among other innovations, remand proceedings, where suspects are kept in detention for long without being formally charged, are no longer possible in the State. The Speaker thanked all Lawyers and Judges that contributed in shaping the law, hoping that the fundamental objectives of the criminal justice system, will be better served under the new law.

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Judiciary Tasked on its Adjudicatory Role in Nigeria’s Democracy Akinwale Akintunde The Nigeria’s Judiciary has been urged to continue to play its adjudicatory role, in the country’s fledging democracy. The Director-General of the Alhaji Atiku Abubakar Presidential Campaign, Otunba Gbenga Daniel, gave this advice at the Ogun State University/Olabisi Onabanjo University Law Alumni Association's 4th Annual Reunion/Lecture/ Awards' Dinner held at the weekend, at the Conference Hotel, Ijebu Ode, Ogun State. Daniel, who is the immediate past Governor of Ogun State, challenged Lawyers and judicial officers specifically, to be neutral at all times, while noting that Judges should perform their civic responsibilities, by voting to elect credible leaders. He said the best thing that ever happened to the country, was the change of government in 2015, which is now

making it possible to compare and contrast the past with the present administration, in order to elect good leaders during the 2019 General elections. "In an occasion like this, one cannot but give honour to whom honour is due. The stability of any society, is based on law and order. I am happy that OSU/ OOU Law alumni have over the years, given a good account of themselves. Our University has a great reputation, of producing Lawyers of repute. This University is contributing its own quota in producing Judges, not only in Ogun State, but Nigeria at large. "I'll like to say that, as a country, we are on the march again. Whenever there's break down of law and order, the society looks up to the Judiciary. I therefore, want to challenge you that, playing neutral cannot be an option. You must play your part in electing good leaders. Under the democratic ethos and practice, the concept of one

man one vote, is still the norm". "We are aware of the common saying that, if you and I fail to participate in politics, fools will take over the reign of power. The best thing that happened to Nigeria, was that in 2015, we had a change of government from one party to another. So, we can compare and contrast. I pray we make the right choices during the 2019 General elections", Daniel added. In his welcome address, the President of the Association, Mr. Olusegun Sipeolu, noted that the gathering was indeed, a celebration of excellence. He enumerated the Association’s feats and said: "It is a year of uncommon feats, as five of our students graduated from the Law School with first class honours. This is an important milestone. "We look forward to the year 2019, with great enthusiasm and expectation. I believe it is our collective objective, to make our alma mata the best Faculty

of Law in Nigeria, and indeed, Africa." Among the dignitaries who were given awards by the OSU/OOU Law Alumni Association are: Otunba Gbenga Daniel, who got Philanthropy and Excellence award; His Excellency, Justice George Oguntade, who bagged the Exemplary Leadership and Philanthropy award; the pioneer President of the Association, Chief (Dr.) Fassy Yusuf, who received the Exemplary Leadership award; and Sir Kensington Adebukunola Adebutu, who got the Distinguished Philanthropy award. The highlight of the event, was the presentation of cash prizes to the best graduating student, Miss Adedunye Olayinka Tobiloba, who received US$500; the best student in Intellectual Property Law, Ipoade Adebisi Victoria, who received US$250 and Alalfia Qudus Adebola, emerged as the student with Outstanding Leadership Quality, with the sum of US$250.

Tax Appeal Tribunal for South-South Zone Opens in Benin Adibe Emenyonu in Benin City In order to ensure faster resolution of disputes in tax administration and adjudication, the South-South Zone of the Tax Appeal Tribunal (TAT), has been opened in Benin City, capital of Edo State. Speaking at the opening ceremony, Chairman of the Tax Appeal Tribunal which covers Akwa-Ibom, Bayelsa, Cross-River, Delta, Edo and Rivers States, Prof. Obehi Odiase-Alegimenlen, said the objective behind it, was to address all tax issues brought before it in a speedy and fair manner. According to her, "The Tribunal is

accessible to even laymen, and operates a flexible framework with simple rules, to assist it discharge it's obligation of quick resolution of tax disputes". Professor Odiase-Alegimenlen explained that, the Tax Appeal Tribunal consists of five carefully selected Commissioners who are to handle appeals at their designated Tribunals nationwide, adding that, to simplify issues before the panel, TAT has rules that is not bound by strict rules of evidence as contained in the Evidence Act, while performing it's duties. She further stated that, TAT is an internal regulatory system of the

revenue body, that provides a fair means of affording a Complainant the opportunity to seek a resolution of his complaint prior to accessing the regular court. "It is intended that establishment of the TAT reduces the incidence of tax evasion, ensures fairness and transparency of the Tax system, minimises the delays and bottlenecks in adjudication of tax matters in the traditional court system, improve the tax payers' confidence in our tax system, provide opportunity for expertise in tax dispute resolution, provide an avenue for effective involvement of parties, focus on facts rather than

legal technicalities, and promote early and speedy determination of matters without compromising the principles of fairness and equity. "Accordingly, TAT adjudicates on all tax disputes arising from operations of the various tax laws as spelt out in the Fifth Schedule to the FIRS Establishment Act, and has jurisdiction over disputes arising under the Company Income Tax (CITA), Petroleum Profit Tax (PPTA), Personal Income Tax (PITA), Capital Gains Tax Act, Stamp Duty Act, Value Added Tax (VAT), as well as other laws, regulations, proclamations, government notices or rules related to these Acts", she further noted.

Legal Personality of the Week Olasupo Ati-John FBR

‘Be Passionate about the Dispensation of Justice’ My name is Olasupo Ati-John FBR. I attended Saint Mary’s Private School and Methodist Boys High School, Broad Street, Lagos, for my secondary education. My journey into the legal profession started when I gained admission to study Law at the Lagos State University, where I obtained a Bachelors of Law degree (LL.B.). I then attended the Nigerian Law School, Lagos, and was formally admitted into Nigerian Bar in the year 1991. After my call to the Nigerian Bar as a Solicitor and Advocate of the Supreme Court of Nigeria, I did my pupillage and gained my legal experience in the Law firm of Jide Oke & Co. from 1993 to1995 and J.T.A Souza & Co in 1995 to 1998. I started my own legal practice in 1998. Presently, I am the Managing partner of SUPO ATI-JOHN & CO. I have been managing the firm with various Professionals for about two decades now. The firm is actively involved in debt recovery, insolvency and winding up matters, commercial litigation etc. I am a Certified Mediator (CEDR Accredited), and also a member of the panel of Neutrals at the Lagos MultiDoor Courthouse, a Notary Public from 2004. I am also a member of INSOL International, a Fellow and Council Member of Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN). I was also the Secretary of Section on Public Interest and Development Law (SPIDEL) 2011-

on the ‘Causes & Legal Implications and the Socio-economic Effect of the multifaceted Jos Crisis in Nigeria’. Simply put, I am an extremely focused and result oriented individual, strongly motivated by the desire to deliver excellent service. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? I have been involved in highly contentious cases, either in court or boardroom. Each case comes with its dynamics and intrinsic engagements. What was your worst day as a Lawyer? The justice delivery and its administration in Nigeria, for so many reasons beyond pointing accusing fingers at any one in particular, leaves so much to be desired, as such Lawyers and litigants experience constant nightmares. Olasupo Ati-John FBR

2015. I also served as the Chairman, Dinner Committee of the Nigerian Bar Association (Lagos Branch) 2014. I was a Co-opted member of the National Executive Committee (NBA- NEC) 2010-2012, 2016 - 2018. I am also a distinguished member of the Capital Market Solicitors Association, amongst other commitments. In 2010, I was nominated by the NBA to present a paper at the Regional African Union Summit in Banjul, Gambia

What was your most memorable experience as a Lawyer? Every time I have succeeded in putting a smile in the face of my clients, is memorable for me. Who has been most influential in your life? My late mother influenced and inspired me greatly, with love, morals, spirituality and hard work. These virtues she sowed in me, have helped immensely in moulding and shaping

my life into the person I am today. My wife has also been of immense support in my career, as she has been my pillar of support through thick and thin, and holding forte on the home front. Why did you become a Lawyer? I became a Lawyer, because I see law as a medium through which I can serve my nation and people, and to also fulfil a childhood dream. What would your advice be to anyone wanting a career in law? I advice young Lawyers to be passionate about the dispensation of justice, in accordance with their professional calling. Demonstrate hard work, but patience in financial gains. Young Lawyers need to strive to gain professional experiences, as the trend of private practice of young Lawyers without requisite knowledge, is slowly killing the noble profession. If you had not become a Lawyer, what other career would you have chosen? I would have loved to be a Social Worker. Where do you see yourself in ten years? In 10 years, I see myself as a formidable brand. I also hope that I would have put in place a good system, that will free me up to explore other interests I have developed in charity works.

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SERIOUS MATTERS OLAWALE FAPOHUNDA

faps2001@yahoo.com

How America Devalued the Global Human Rights Currency ‘We set this nation up to make men free, and we did not confine our conception and purpose to America’ - Woodrow Wilson (1856-1924), the 28th President of the United States of America

Y

Seventy Years of the Universal Declaration of Human Rights esterday, was International Human Rights Day. Human Rights Day is celebrated annually across the world, on 10 December. The date was chosen to honour the United Nations General Assembly's adoption and proclamation, on 10 December, 1948, of the Universal Declaration of Human Rights (UDHR). The first global enunciation of human rights. A major achievement of the United Nations. This year also marked the 70th anniversary of the UDHR. Across the world, there were high-level political conferences, meetings, cultural events and exhibitions on human rights issues. In Africa, from Cairo to Johannesburg, human rights activists and governments alike, competed for media space, in a bid to outdo each other on presenting the situation of human rights in their respective countries. Nigeria was not left behind. As is now customary, the day provided another opportunity for us to review our human rights situation. We discussed the situation of the poor. We agreed that, poverty is the gravest human rights challenge in Nigeria. There were discussions on fighting corruption, rights of women, prisoners rights, the situation in the north east of Nigeria, crime and a host of other rights, struggling for attention. Expectedly, we concluded that the Federal and State Governments, need to do more to protect our rights. Global Human Rights Situation in a Mess Yet for all these cacophony of human rights voices, the global human rights situation is in a mess. A mess, largely caused by the tragic human rights foreign policy reversal of the United States of America. The Wilsonian idea that, it is the American mission to promote human rights at home and abroad, had for a long time retained a powerful grip on America’s foreign policy and its interaction with other countries. There was a time that, the ideals of human rights was so central to American identity, that any bilateral or multilateral meeting in which America participated that did not include a discussion on human rights, was impossible. The emergence of Donald Trump as President of the United States of America, was largely seen by many human rights workers, as a bad omen for the promotion and protection of universal human rights. Even the most enthusiastic supporters of Mr Trump in the human rights community, if there is any such group, will readily admit that his antecedents do not include promoting human rights. Mid-term into his administration, they have not been disappointed. America First, Human Rights Last Mr. Trump’s slogan, ‘America first’, has had such profound negative impact on the universal protection of human rights, that it is now difficult to speak with any certainty, on what constitutes a global consensus on human rights violation. There was a time when the murder of a prominent journalist, would have attracted immediate condemnation and repercussion from the United States. Today, it is the American government that has usurped the role of defence counsel for the Saudi Arabian regime, in the matter of the heinous murder of Jamal Ahmad Khashoggi, Saudi Arabian journalist, dissident, author, and a general manager and editor-in-chief of Al- Arab News Channel, who was assassinated at the Saudi Arabian Consulate in Istanbul on 2 October, 2018. This is despite the weight of evidence, linking the Saudi regime to the murder. Of course, Mr. Trump has never hidden his disdain for the media, severally calling journalists in his country ‘enemies of the people’. He has no respect for press freedom, and

American President, Donald Trump

has shown little recognition for the important role of the media in a democracy. There is also the evolving matter of the immigrants, from Latin America. Many running for fear of crime, safety and security in their countries. The Trump administration has seen no reason to give them shelter, rather it embarked on a campaign of calumny against them; frequently tagging them thieves, rapists and drug lords. Noteworthy, is also the attitude of the Trump administration to the International Criminal Court. On this issue, the United States has taken blackmail to a level unknown to international law. How can a country that was in the forefront of the Universal Declaration of Human Rights, be against an institution that is meant to protect citizens of the world from impunity? The Trump Administration has virtually ensured that the Paris climate agreement on the protection of the global environment, is not worth the paper it is written on. This is a matter of concern for environmental rights activists, especially when it is noted that, the United States is second only to china in carbon emission. By its deeds at home and abroad, the image of the Trump administration is one of a right-wing government, paranoid and unilateral in outlook. Human Rights only make sense, if it fits into the rump doctrine of rights. Indeed, ‘America first’ is continuously being used to justify a foreign policy that is anti- human rights, racist in outlook, manifestly unjust and unfair in its application. ‘Teacher, don’t teach me Nonsense’ The cumulative effect of all this, is that the Trump administration has placed startling pressure upon the

“THE EMERGENCE OF DONALD TRUMP AS PRESIDENT OF THE UNITED STATES OF AMERICA, WAS LARGELY SEEN BY MANY HUMAN RIGHTS WORKERS, AS A BAD OMEN FOR THE PROMOTION AND PROTECTION OF UNIVERSAL HUMAN RIGHTS”

structure of human rights and international law, that the United States designed and supported since 1948. In a remarkably short time, the United States has moved from being the principal supporter of that system, to its most visible outlier. The famous words of President Kennedy, that America ‘will pay any price and bear any burden to promote liberty’, now reads hollow on the 70th anniversary of the UDHR. Where does this leave us in Nigeria?. Americas pooh poohing of Human Rights, is a challenge to us as a nation. We must decide for ourselves, how it will be met. The choice we make for ourselves, must be made with a moderation of counsel and a temperateness of judgement, befitting our character and our motives as a nation. First, we need a reorientation, that will include placing our attitude to human rights in the proper context. As a starting point, we should respect and promote the rights of our citizens, irrespective of Americas attitude to Human Rights. Americas violation of rights, is no justification for us to jettison our severally stated commitment to human rights. Ultimately, it is in our national interest, our sociopolitical and economic development that we respect the rights of our people. Secondly, our politicians should be enjoined to desist from running to the American Embassy, among others, on every governance issue affecting the country. It should be obvious that, America is in no position to lecture us or any other country for that matter, on good governance and human rights. The moral authority has taken flight. Our attitude to lectures coming from the embassy, should evolve between ‘physician heal thyself’ or ‘teacher, don’t teach me nonsense’. A Human Rights Agenda for Nigeria On this 70th Anniversary of the UDHR, the Buhari administration should restate Nigeria’s Human Rights priorities. In my view, priority number one, should be the development of a National Action Plan for the Promotion and Protection of Human Rights. Our citizens, can no longer simply rely on the promise offered by the 1999 Constitution. It is now necessary that government states in very clear terms, concrete measures it will undertake to make human rights a reality for all Nigerians, irrespective of economic status, gender or any other difference. The National Human Rights Commission is currently holding national consultations, on the contents of this plan. This initiative, should not be left to the Commission. The Presidency should direct that all Ministries, departments and agencies play an active role in the development of this plan. Flowing from this, is the issue of appropriate funding of the Rights Commission. It cannot be acceptable, that an institution set up to protect the rights of Nigerians, will itself be constantly fighting for its survival to the detriment of its mandate. A financially disabled Commission, is in no position to promote or protect rights of Nigerians. With respect to specific rights, all rights provided in our constitution and those contained in international human rights treaties ratified by Nigeria, are interdependent, universal and indivisible. Sufficient attention should therefore, be given to the promotion and protection of all strands of human rights in equal measure. However, as previously alluded to, the number one challenge that faces the implementation of human rights in Nigeria, is Poverty - Poverty in all its ramifications. Poverty is not simply a human rights issue, but one that could potentially affect our fledging democracy. To be sure, poverty in this context, is not about having no money in the pocket, but the absence or limited opportunities available for majority of our citizens to improve the quality of their lives. The Buhari administration has rightly identified this challenge, through its several social security safety net interventions. However, these interventions need to be expanded, and added efforts should be made to include the hard to reach population spread across the 36 states of the Federation. Olawale Fapohunda, Attorney-General of Ekiti State

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NBA-SLP: The Role of Litigation in the 2019 Nigeria Electoral Process Keynote Address presented by His Excellency, Nyesom Ezenwo Wike, CON, GSSRS, POS (Africa), Governor of Rivers State, at the one day Conference of the Nigerian Bar Association, Section on Legal Practice (SLP) Committee on Democratic Process and Electoral Litigation, held in Port Harcourt on the 3rd day of December, 2018

I

Introduction t is my singular honour and privilege, to be invited to deliver the keynote address at this one day Conference of the Nigerian Bar Association, Section on Legal Practice (SLP), Committee on Democratic Process and Electoral Litigation holding in Port Harcourt, on the Theme: “The Role of Litigation in the 2019 Nigeria Electoral Process”. As a member of the noble profession of law and staunch believer in the tenets of democracy and the rule of law, which the Nigerian Bar Association also stands for, I am particularly delighted to be here to lend my voice in the ongoing discourse and quest for the entrenchment of democratic norms, and the attainment of electoral justice in Nigeria. The theme of this Conference; “The Role of Litigation in the 2019 Nigeria Electoral Process” is very apt and topical, particularly now that the entire Nigerian State is planning towards the conduct of the 2019 general elections. I wish therefore, to commend the organisers for their industry and foresight in conceptualising this event and for choosing Port Harcourt, the Garden City of Nigeria, as the venue for the conference. The choice of venue is significant, not only because of the pride of place which Rivers State occupies in the scheme of things in Nigeria, but also because of the prevailing atmosphere of security, peace and progress being enjoyed in the State. However, I am not unaware of the deliberate efforts of some of our politicians to de-market Rivers State for selfish political reasons, by painting a false picture of insecurity in our dear State. I heartily welcome you all to our beloved Garden City, and wish you fruitful deliberations and good success in the all-important enterprise of sensitising and mobilising the Nigerian people, for effective political participation and the attainment of free, fair and credible elections in Nigeria, come 2019. The Electoral Process in Nigeria Nigeria operates a federal system of government, based on a written constitution− the Constitution of the Federal Republic of Nigeria, 1999 (as amended) (the 1999 Constitution), whose provisions are supreme and have binding force on all authorities and persons throughout the Federal Republic of Nigeria. The extant 1999 Constitution, prescribes the structure and powers of government and the processes for the attainment of political power. Indeed Section 1(3) of the 1999 Constitution provides explicitly that “The Federal Republic of Nigeria shall not be governed, nor shall any person or group of persons take control of the government of Nigeria or any part thereof, except in accordance with the provisions of this Constitution”. Clearly, the intendment of the Framers of our Constitution, is that political power at Federal and State levels, shall only be attained through the ballot box by means of periodic democratic elections conducted every 4 years by the Independent National Electoral Commission (INEC). The 1999 Constitution, thus, guarantees universal adult suffrage that enables citizens to participate and vote freely in elections, in exercise of their constitutional freedom of choice of elected officials, from amongst the various candidates sponsored by registered political parties. The judicial powers of the Federation and the States, are vested in the Courts established under the Constitution, with the jurisdiction to entertain and resolve disputes between the citizenry, including Election Petition Tribunals, vested with the exclusive competence to entertain disputes arising from the conduct of elections. The electoral process in Nigeria, has always been a matter of serious concern to the citizens. Routine political processes such as party congresses and conventions for the selection and nomination of candidates of political parties, are often characterised by acrimony and rancour, due largely to the lack of internal party democracy. The perceived undemocratic practices by the party leadership in the conduct of party primaries, have made resort to pre-election litigation across the country inevitable. In this respect, it will be recalled that the 22-member Electoral Reform Committee headed by Justice Muhammadu Uwais, former

Chief Justice of Nigeria, which was set up by the administration of late President Musa Yar’dua, had recommended in its final report, that there should be reform of political parties with more insistence on intra-party democracy. With specific reference to the vexed question of sponsorship of candidates by political parties, the Committee recommended that having regard to past internal problems concerning nomination of candidates, political parties should develop internal procedures for candidate nomination that are open, transparent, inclusive and democratic, and require that those seeking nominations do not use intimidation, violence, bribery or similar unacceptable methods to gain nomination. The Committee further recommended that, appropriate legal framework should be provided to support justiciability of party nomination through an amendment of the Electoral Act to allow “a candidate who feels aggrieved in a primary election to go to court”. The acceptance of the recommendations of the Electoral Reform Committee by the Federal Government, led to the amendment of the Electoral Act, 2010 through the introduction of Section 87(9) of the Electoral Act 2010 (as amended), which confers locus standi on any aspirant who complains that any provision of the Electoral Act and the guidelines of a political party has not been complied with in the conduct of party primary election, to approach the court for redress. General elections in Nigeria have not fared any better, because they are characterised by anomalies ranging from interference and manipulation by security agencies, particularly the Nigeria Police, thuggery, intimidation of voters, ballot box snatching and stuffing, falsification of election results, vote buying, among other vices which rob the electoral process of the much needed credibility, and leads to incessant electoral disputation and litigation before the election tribunals. The Judiciary has in consequence of the frequent resort to electoral litigation, become the final arbiter to determine the outcome of elections, rather than the electorate, and has therefore, found itself inundated with pre-election and post- election litigation to such an extent that its ability to cope has been described as “legendary” by His Lordship Hon. Justice S. M. A Belgore, JSC (as he then was) who observed in his foreword to the book, Election Law and Practice, by Chief Afe Babalola, OFR, SAN, that: “I can find no other country in practice of democracy, that has its Courts interpreting the Constitution and the Electoral Laws more than Nigeria. Our Courts are always pre-occupied with pre-election and post-election litigations around any election year, and their prowess in sustaining the onslaught of Politicians and the active Press is legendary. It is not uncommon to have one or two Politicians hurling blame for their failure at the elections, on the Courts. This is, however, an exception rather than the rule.” There is no doubt that, the Judiciary is the bulwark of liberty and remains the civilising factor in Nigeria’s democratic experiment. The primary role of the Courts in electoral litigation, is to provide and maintain a level playing field for all parties by offering them equal opportunity to present their respective cases or grievances. It is for the parties to take advantage of the opportunities offered them in the judicial process, to prove any allegation being relied upon for challenging the validity of the return made by the electoral umpire. It is very arguable that, the incessant resort to the courts in both pre-election and post-election matters for redress, may be symptomatic of the prevalence of perceived grievances with the electoral process. The way to forestall rampant electoral litigation is not by constricting the right of access to the Courts as being advocated in some quarters, but, rather, to strengthen democratic institutions and engender transparency and respect for the rule of law in the democratic process, so that election results (including primary elections) will become truly representative of the wishes of the electorate. The 2019 General Elections In the exercise of its powers under the 1999 Constitution, the Independent National Electoral Commission has produced a time table which shows that it proposes to hold the 2019 General Elections in February and March, 2019 for elections into the offices of

“THE NBA ACTING IN COLLABORATION WITH CIVIL SOCIETY ORGANISATIONS, MUST BRING PRESSURE TO BEAR ON OUR SECURITY AGENCIES, TO MAINTAIN THEIR NEUTRALITY IN THE ELECTORAL PROCESS AND THEREBY, ASSIST IN ENSURING THE CONDUCT OF FREE, FAIR AND CREDIBLE 2019 GENERAL ELECTIONS” of regular civil and criminal cases before the courts. With the disproportionate judicial workload, regular civil and criminal cases suffer undue delays not only because of the judicial policy of according priority to political matters, but also due to the temporary leave of absence of judicial officers occasioned by their periodic appointment to serve on the election tribunals. This is however, a small price to pay for the greater good of society, bearing in mind that election matters involve far more than the private rights or interests of the contending parties.

SLP Chair, Mrs. Mia Essien, SAN

the President of the Federal Republic of Nigeria, the offices of Governor of the States of the Federation, and membership of the National and States Houses of Assembly respectively. In the build-up to the conduct of the said election, we have seen the resurgence of some of the circumstances that usually characterise the electoral process in Nigeria, which include but are not limited to, registration of voters, distribution of permanent voters’ cards, registration of new political parties, political party leadership tussles, conduct of party congresses, primary election disputes among others. These circumstances are already generating recriminations, accusations and counter-accusations between the participants and key political actors in the various political parties, and the resulting grievances have been submitted to the courts in many cases for adjudication. The Role of Litigation It is worthy of note that, in the exercise of their enormous judicial powers, the Courts are duty bound not to intervene or interfere in the electoral process, unless and until an aggrieved party approaches them for redress through resort to litigation. The provisions of the law vesting rights on individuals and supervisory powers on the courts for the safeguard of citizens’ rights, lie dormant until invoked by a vigilant party. Litigation is a powerful tool designed for use in the activation of the jurisdiction of the Courts, in the pursuit of justice. It is the means by which an aggrieved party may call upon the Court to exercise its judicial powers, to check the excesses of any individual or governmental agencies and authorities and to construe the

“ROUTINE POLITICAL PROCESSES SUCH AS PARTY CONGRESSES AND CONVENTIONS FOR THE SELECTION AND NOMINATION OF CANDIDATES OF POLITICAL PARTIES, ARE OFTEN CHARACTERISED BY ACRIMONY AND RANCOUR, DUE LARGELY TO THE LACK OF INTERNAL PARTY DEMOCRACY”

Rivers State Governor, Chief Nyesom Ezenwo Wike

provisions of the Constitution or Statutes upon which the existence of a legal right is founded. For instance, it is through resort to litigation before the Courts, that the following positions have now been established: i. That a political party must observe the provisions of the Electoral Act, 2010 (as amended) and its constitution and guidelines in the conduct of party primaries. ii. That non-compliance by a political party with the provisions of the Electoral Act, 2010 (as amended) and its own constitution and guidelines in the conduct of party primary election, may be challenged by an aggrieved aspirant in court; and iii. That it is only the primary election conducted by the National Working Committee of a political party, that is considered to be valid. Beyond serving as the tool for activating the jurisdiction of the courts, litigation has also thrown up inconsistencies, discrepancies and gaps in the law, thereby necessitating legislative intervention by way of amendments or changes in the law. This is salutary and commendable. For instance, it was in direct reaction to the outcome of litigation, that the National Assembly enacted Section 141 of the Electoral Act 2010 (as amended) which provides that the “court shall not under any circumstance declare any person a winner at an election in which such a person has not fully participated in all the stages of the said election.” It was the outcome of litigation, that necessitated the re-enactment of the same provision through the Fourth Alteration of the 1999 Constitution into Section 285(13) of the 1999 Constitution. It was the outcome of litigation that led to the introduction and enactment of Section 180 (2A) of the 1999 Constitution, which stipulates that where a re-run election has taken place and the person earlier sworn in wins the re-run election, the time spent in office before the date the election was annulled shall be taken into account in computing the 4 years tenure of office. It was also the outcome of litigation, that led to the enactment of Section 285(8) of the 1999 Constitution by the Fourth Alteration, which now provides that a Tribunal or Court whose jurisdiction is challenged in election matters, may suspend ruling and deliver same at the stage of final judgement. Litigation remains a veritable instrument for the assertion of rights, interpretation and application of statutory provisions and the quest for justice through the Courts. With the introduction of Section 87(1) & (9) of the Electoral Act, 2010 (as amended)

which entitles every aggrieved aspirant in a primary election to apply to the High Court for redress against his political party, the reign of impunity in political party management, may soon be at an end. In the build-up to the conduct of the 2019 General Elections, several activities and decisions taken by political parties and other political actors, are already being challenged in courts. Political Parties are thus, made to account for their actions which are inconsistent with the provisions of the Electoral Act 2010 and their constitutions and guidelines. The electoral umpire is now also under an obligation to monitor and supervise the conduct of democratic primaries by the political parties, for the nomination of their candidates. This state of affairs brings into sharp focus, the role of legal practitioners as social engineers. The Role of Legal Practitioners The increasing significance of litigation as a tool for the pursuit and attainment of justice, brings into sharp focus the role of Legal Practitioners, who alone are learned in the law and trained in the art of forensic advocacy, to work the system. A tool is only as effective as the dexterity and skills of its user permit, and as such, there is the need for Lawyers to up their game by sharpening their advocacy and litigation skills for the betterment of the society. In this regard, I commend the leadership of the Nigerian Bar Association and its Section on Legal Practice, for creating specialised committees including the Committee on Democratic Process and Electoral Litigation, which now provides continuing legal education for Legal Practitioners across the country. Legal Practitioners owe it as a duty to the society, not only to acquire and maintain the highest levels of professional competence and skills, but also to become more creative in fashioning out remedies for perceived wrongs to their clients. In a society where oppression, repression and other forms of misgivings are perceived to be endemic, Legal Practitioners must become even more proactive in proffering robust legal advice, for the purpose of enhancing adherence to the rule of law, and forestalling resort to needless litigation. There can be no doubt that, the amount of time and judicial man hours expended by the Judiciary in the consideration and resolution of pre-election and post-election matters, is becoming rather disproportionate, and is now adversely affecting the progress

The Role of Security Agencies There is no doubt that the impartiality and political neutrality of the Security Agencies, particularly the Nigeria Police, are crucial to the success of the 2019 general elections. Given that voters need an atmosphere of peace and security to exercise their franchise, the readiness and commitment of the security agencies to safeguard and protect voters against violence, intimidation and molestation irrespective of their perceived political affiliations, are indispensable to the peaceful conduct of the 2019 polls. Sadly, however, the activities of security agencies in the recent governorship elections in Ekiti and Osun States, are to say the least, disturbing. Nigerians across political and social divides, were shocked by the overt partisanship exhibited by men and officers of the Nigeria Police during the conduct of these elections, which called into question the political neutrality of the security agencies. It is my fervent hope that, Nigerians will not see a repeat of the scandalous performance of the Nigeria Police during the 2019 general elections. The NBA acting in collaboration with civil society organisations, must bring pressure to bear on our security agencies, to maintain their neutrality in the electoral process and thereby, assist in ensuring the conduct of free, fair and credible 2019 general elections. Conclusion Let me conclude by pointing out that, democracy as a system of government cannot be realised without political participation, predicated on political awareness and legal consciousness. It is never enough, to have socio-political rights. Those rights must be asserted, exercised and enjoyed, otherwise they become illusory and eroded. It is our collective duty as Nigerian citizens, to ensure that our hard-earned democracy is protected, defended and preserved at all times. Eternal vigilance is indeed, the price of liberty. It is therefore, imperative, for us to commit ourselves to the task of sensitising the Nigerian people, particularly the electorate, on the need for effective political participation. It is not enough, to merely register and vote occasionally during elections. Political participation, goes far beyond that. We should learn to take proactive steps to know our rights, and to insist on asserting them against the political parties, the electoral umpire, and even, the government of the day. Litigation represents a veritable instrument for enforcing the rights of the individual or group, and seeking appropriate remedies from the courts. It is the civilised and legitimate means of seeking redress for grievances, real or imagined, and for presenting disputes for interrogation before the court, in a bid to reconcile the often conflicting interests in a multi-ethnic society like ours. Where the people neglect, fail or refuse to litigate in the assertion of their rights, the result is usually a slide into tyrannical regimes and dictatorial governments. As we march towards the 2019 General Elections, I urge all Nigerians to remain vigilant and astute in the demand for credible, free and fair elections. Say no, to imposition of candidates. Say no, to election rigging and result falsification. Say no, to voter intimidation or deployment of the Military for election rigging. Say no, to vote buying. Let us vote for the candidates of our choice, and let our votes count. That is the only way to ensure that the results of the election, will reflect the will of the people. When electoral disputes arise, let us litigate before impartial arbiters, who adjudicate and determine the rights of the parties, without fear or favour, and devoid of political influence or manipulation. When this is achieved, democracy would have come to stay in Nigeria. Thank you all, for your attention.

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11.12.2018

NBA-SLP Trains Lawyers on Litigating Election Petitions t"IFBE PG /#" 4-1 &OMJHIUFOT -BXZFST PO &MFDUPSBM -JUJHBUJPO The Nigerian Bar Association Section on Legal Practice, last Monday December 3, brought Lawyers from different parts of Nigeria to Port Harcourt for a one-day Conference with the theme ‘The Role of Litigation in the 2019 Nigeria Electoral Process.’ Onikepo Braithwaite and Jude Igbanoi who attended the programme, report

T

he NBA House, Port Harcourt, venue of the Conference, was filled to the brim, as Lawyers from all over Nigeria came for the one-day event which the NBA Section on Legal Practice held, to educate lawyers on the forthcoming general elections. Chair of the event, President of the Court of Appeal, Honourable Justice Zainab Bulkachuwa, was represented by the Presiding Justice of the Court, Port Harcourt Division, Justice A.A.B. Gumel. In her welcome remarks, SLP Chair, Mrs. Mia Essien, SAN said the Conference couldn’t have come at a better time than now, when the nation is preparing for a major national election, where post-election disputes are bound to arise. She urged Lawyers, to prepare for litigation that would likely arise from the various elections. She further urged Lawyers to explore alternative dispute resolution avenues, in the settlement of electoral disputes. In his opening remarks, Chairman of the Conference Plannimg Committee, Chief Ferdinand Orbih, SAN said ‘Ordinarily, it would had given me great pleasure to address this august gathering, but my mind is far from being pleasurable, because the Nigerian Bar Association family is mourning the death of one of its own, the Secretary of the Ikole-Ekiti Branch of the Nigerian Bar Association, who was kidnapped a few days ago, and subsequently, murdered, even after the payment of some ransom. “The General Election scheduled for February, 2019, was the chief motivator for this Conference. And once the idea of the Conference was conceived, Port Harcourt was our automatic choice as venue, for many reasons. First and foremost, the Governor of Rivers State, is the most NBA friendly Governor in Nigeria. In the last three years, our host Governor Nyesom Ezenwo Wike has hosted the National Executive Committee meeting of the NBA, hosted the Annual General Conference of the Nigerian Bar Association, hosted the Annual Conference of the Section on Legal Practice of the Nigerian Bar Association, and today he is hosting this Conference. Secondly, he is the first and only Governor in Nigeria, to build a Bar Centre and donated it to the Nigerian Bar Association Port Harcourt Branch. That edifice is our venue for this Conference. Thirdly, we must not fail to acknowledge the massive infrastructural development of facilities belonging to the Judiciary, during the same period. Ultra-modern court halls were constructed for the Federal High Court and the National Industrial Court, while the Court of Appeal was renovated and completely transformed. Houses have been built for both serving and retired Judges of Rivers State origin, under Governor Wike’s watch.� The General Secretary of the NBA, Mr. Jonathan Taidi, who represented the President of the Bar, Paul Usoro, SAN, said the time had come for the NBA to go for monitoring elections decisions and electoral proceedings. Taidi said, the NBA Disciplinary Committee, would sanction any Lawyer who aided politicians in election cases, to disrupt or to make caricature of the Nigerian Electoral Process. Declaring the Conference opened, the Rivers State Governor Chief Nyesom Ezenwo Wike, in his keynote address, said, “The 2019 presidential elections in Nigeria, will be the country’s sixth, since 1999 when it shifted to democracy after a long period of military rule. Most of these elections have been tarnished by acts of violence – including attacks on politicians – and vote rigging often influences the results�.

Wike said, “With the 2019 elections less than three months away, Nigeria’s ability to hold free and fair elections, is open to question�. He prayed for elections, that would not be characterised by needless litigations. The Conference sub-theme was aptly captured as “INEC, Judicial Interventions and the Cumulonimbus of Nigerian Elections�. It examined the vexed issue of burden of proof in election petitions, with a view to ascertaining whether or not time has not come to revisit and reform it. Also, discussants looked at the Key Points and Challenges in Conducting Election Petitions in Nigeria. INEC Chairman, Prof Mahmood Yakubu, who was represented by National Commissioner and Chairman Information and Voter Education Committee (IVEC) Festus Okoye Esq. He told the gathering that “So far, the Commission has been joined in 396 pending actions, in various courts across the country, arising from the conduct of party primaries and nomination of candidates by political parties. We have similarly received 302 requests for Certified True Copies (CTC) of documents, mainly our monitoring reports of party primaries and copies of personal particulars of candidates. These requests, are obviously a prelude to more court actions. In addition, we have also received 52 petitions and protests from aggrieved party aspirants. “Let me put it on record that, despite the deluge of cases arising from party primaries and nominations and some confusing and unexplainable decisions arising from the said party primaries, the Bar and the Bench have played, and hopefully, will continue to play a fundamental role in stabilising the electoral process and laying the fundamental building blocks for free, fair and transparent elections in Nigeria. “It is a fact of history that, countries that tie their faith to the rule of law and due process, may be slow in decision making, but ultimately are democratically stronger. Our constitutional and electoral framework, are anchored and packaged on the understanding that elections are conducted by human beings that are prone to mistakes, and there must therefore, exist institutions with the capacity to correct mistakes, interpret opaque constitutional provisions, and keep the citizens within the bounds of civility. “However, in performing its constitutionally assigned role, it is expected that the Judiciary will affirm the will of the people as expressed through their votes, and not take over the task constitutionally assigned to the voters. It is the voters that confer mandate, and their choices must be respected by all and sundry. The Judiciary steps in using constitutional and legal mechanisms, to resolve issues rather than allowing aggrieved persons and parties to resort to self-help in the resolution of disputes and other forms of electoral malfeasance. “The point therefore, is that judicial intervention in the electoral process, is part of the constitutional history of Nigeria. The framers of the Nigerian Constitution out of their wisdom, gave to the Nigerian Judiciary, the exclusive right to make judicial intervention or determination of pre and post-election issues and challenges. “Section 285 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended), established election petitions tribunals and the forum for ventilating appeals arising therefrom. The section establishes solid and immovable timelines, for the resolution of electoral disputes. These timelines, we are made to understand, are cast in stone and deviations from them, can be very fatal to the life of a petition.�

Chairman of the Conference Plannimg Committee, Chief Ferdinand Orbih, SAN

Prof. Yakubu also spoke on ‘The Judiciary and Electoral Disputes, Anticipated and Solicited Briefs, Deliberate Electoral Mischief and Forum Shopping, Confusing and Conflicting Court Orders, The Doctrine of “my own Court�, Timelines for the Disposal of Pre-Election Matters, Insecurity and the Sitting of Election Petitions Tribunals. Showcase Session The Showcase Session sub-titled: ‘INEC, Judiciary Interventions and the Cumulonimbus of Nigeria’s Elections: Bringing 2019 under the Radar’, had the Governor of Ondo State, Mr. Oluwarotimi Akeredolu, SAN, a former President of the Nigerian Bar Association and a Life Bencher, as a discussant, and was moderated by Mr. Emmanuel C. Ukala, SAN. Other discussants were the Attorney- General of Rivers State, Dr. Zaccheaus Adangor and INEC’s National Commissioner and Chairman, Information and Voter Education Committee, Mr. Festus Okoye. Ondo State Governor, Rotimi Akeredolu, SAN shared his experience as a leading counsel in several electoral matters, to defend security reasons usually adduced by election tribunals for moving court sittings from proximate jurisdiction to a secured place. Akeredolu expressed dissatisfaction at the conduct of some Lawyers, who often aided litigants to mislead courts, to give conflicting judgements on the same matter. On the roles of the INEC during the primaries of political parties, Akeredolu said, the electoral body should be more constitutionally involved, to end the current practice of being a mere observer. He said he believes that, the current role of the INEC was prone to abuses, and as such, should be more constitutionally defined to checkmate manipulations by party officials. He added that, an aspirant who obtained a nomination form from his party, should be duly recognised as a participant in a primary election, so that he would have the legal standing to approach the court for adjudication should his party disqualified him. Akeredolu who however, disagreed with a claim that all elections in Nigeria would end up in litigation, said his election as Governor of Ondo State did not generate any litigation, despite the fact that his co- contestants were top rated Lawyers, two whom are Senior Advocates of Nigeria. The second session was sub-titled: ‘Burden of Proof in Election Petitions: Need for Reforms?’ It was chaired by former NBA President, Mr. O.C.J. Okocha, SAN.The session had as discussants, Hon. Justice Peter Afen, Chief Charles Uwensuyi-

Edosomwan, SAN and one of the youngest Senior Advocates of Nigeria, Kehinde Ogunwumiju. A paper presentation by Mallam Yusuf Ali, SAN elicited many unanswered questions for INEC. Mallam Ali added that, the electoral problem is compounded by Lawyers, and advised that the NBA should constitute a disciplinary committee to deal with/interrogate any legal practitioner who bends on the sides of injustice, in the forthcoming 2019 polls He called on all security agencies, especially the Police, to do their work in a thorough professional manner, and also the government should ensure that security agencies are adequately equipped and morally boosted to contain ongoing violence, safeguard lives and property, as well as ensure free and fair elections devoid of violence across the country. “The problem with Nigeria’s elections have historically been with the collation and counting, not the voting. We insist that INEC security agencies, the candidates, their parties, the citizens and partners must put this right, they should accept their candidates loss in good faith� Ali emphasised . The third and final session with the sub-title: ‘Key Issues and Challenges Election Petition Tribunals in Nigeria’ was chaired by another former President of the Nigerian Bar Association, Chief Okey Wali, SAN, about the summation that problem of electoral reform in Nigeria is a problem of the Bar and the Bench. Chief Wali said, election petitions are ‘sui generis’, which means “they are kind of their own type of law�. Things that happen there, may never happen in an ordinary case. The former NBA President Nigerian Lawyers must recognise their importance, in the sustenance of our democracy. Discussants at this session were Dr. Onyechi Ikpeazu, SAN; Chief Mrs. Victoria Awomolo, SAN, and Oluwole Osaze Uzzi. Donald C. Denwigwe, SAN made his paper presentation which throw questions wide open to delegates to deliberate upon. A discussant, Oluwole Osaze Uzzi on the Card Reader machine for election, said the data generated by it on the day of election and stored in the INEC server, should essentially be the needed output for litigation, and not necessarily the machines used on Election Day. Chief Mrs Awomolo said procurement of ballot papers and sensitive materials, requires careful planning and preparation and unless some of the contentious and conflicting orders are resolved by the Judiciary, planning with certainty will be very problematic. The Organising Committee honoured distinguished Speakers and stakeholders, for their immense contributions to the progress of electoral reform and administration of justice system in the country. In his expression of appreciation, a member of the Section on Legal Practice, Mr. Ayodele Akintunde, SAN expressed the NBA-SLP and Conference Plannimg Committee’s gratitude to the Government and people of Rivers State, for their support for this year’s Conference. He also expressed pride in the manner in which the State has acquitted itself, and expressed the hope that Rivers State would continue to host Nigerian Lawyers, in the nearest future. Delegates rose from the final session of the NBA’s Section on Legal Practice Conference in Port Harcourt, the Rivers State, in unanimous agreement that, electoral reforms and offences, along with post-election violence, should be handled without partisan bias. Stakeholders were advised to work together, in order to make the Nigeria’s electoral process transparent in the coming general elections, and for democracy to be further entrenched in the country.

11.12.2018

NBA-SLP CONFERENCE IMAGES/11

L-R: INEC Commissioner South East, Festus Okoye, former NBA President, Chief Okey Wali, SAN, Justice Abiri George, Ondo State Governor, Rotimi Akeredolu, SAN, Rivers State Governor, Nyesom Wike, Justice A.A.B. Gumel, NBA-SBL Chairman, Miannaya Essien, SAN, Chief Ferdinand Obih, SAN, Justice Adama IyayiLamikanra, former NBA President, O.C.J. Okocha, SAN, NBA National Publicity Secretary, Jonathan Gunu Taidi, Justice Joe Egwu, Rivers State former Governor, Celestine Omehhai and Rivers State AttorneyGeneral, Dr. Zacchaeus Adangor Photo: Kolawole Alli

L-R: Governor Nyesom Wike, Governor Rotimi Akeredolu, SAN and Rivers State Deputy Governor, Ipalibo Gogo Banigo

Mrs. Victoria Awomolo, SAN, Chairman, NBA-SLP, Mia Essien SAN, Mr. Emmanuel C. Ukala, SAN and Chief Charles Edosomwan, SAN.

Former NBA President, O.C.J Okocha, SAN and Mr. A. I.Adedipe, SAN

Former NBA General Secretary, Ibrahim Mark (left) and Chief Okey Wali, SAN

L-R: Representative of INEC Chairman\South-East INEC Commissioner, Mr. Festus Okoye, Dr. Zacchaeus Adangor and Mr. Moses Wifa, SAN

L-R: Chairman Democratic Process and Electoral Litgation Committee, SLP, Chief Ferdinand Orbih SAN, Dr. Emeka Anaenugwu, SAN, Dr Onyechi Ikpeazu, SAN and Mrs. Boma Alabi.

L-R: Chief Albert Akpomudje, SAN, Charles Ajuyah, SAN and Justice of Court of Appeal, Justice M. Mustapha

Mia Essien SAN (left) and Editor, THIDAY Lawyer, Mrs. Onikepo Braithwaite

Wife of former Attorney-General of Rivers State, Mrs. Inime Aguma and Mrs. Boma Alabi

Justice H.J. Dagogo-Jack and Justice B.E. Ugbara

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11.12.2018

L-R: Chief Okey Wali, SAN, Governor Rotimi Akeredolu, SAN, Governor Nyesom Wike and Mr. O.C J. Okocha SAN

L-R: Mallam Yusuf Ali, SAN, Governor Nyesom Wike and former Rivers State Governor, Celestine Omehai

L-R: Justice Y.E. Ogola and Justice E. Teetito

Rivers State Chief Judge, Hon. Justice Adama Iyayi-Lamikanra and Bayelsa State Chief Judge, Hon. Justice Kate Abiri

L-R: Vice-Chairman, Conference Plannnig Committee, Mr. Tonye T.J.Krukrubo, Mr. Cliord Sigalo and Chairman, Mr.Omubo V. Frank-Briggs

L-R: Mr. Sylva Ogwemoh, SAN, Mr. Asama Kadiri and Mr. Desmond Yamah

L-R: NBA National Asst. Publicity Secretary, Habeeb Lawal, National Asst. Financial Secretary, Ini Irene Pepple, Publicity Secretary, NBA Port Harcourt Branch, Rose Abi-Briggs and rappourteur, Datom Alambo

L-R: Mr. Roland Otaru, SAN, Mr. Kehinde Ogunwumiju, SAN, Mrs, Folashade Alli and Mr. Ayodele Akintunde, SAN

G.C. Igbokwe, SAN (left) and Chisom Okpoko, SAN

Mrs.Onikepo Braithwaite and Governor Rotimi Akeredolu, SAN

Justice Peter Afen (left) and Justice Timi Cocodia

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Bayelsa State Chief Judge, Justice Kate Abiri

Mallam Yusuf Ali, SAN

Chief O.C.J. Okocha, SAN

South East INEC Commissioner, Mr. Festus Okoye

Chief Mrs. Victoria Awolomo, SAN

Donald C. Denwigwe, SAN

Rivers State Attorney-General, Dr. Zacchaeus Adangor

NBA National Publicity Secretary, Jonathan Gunu Taidi

Chairman, NBA Port Harcourt Branch, Sylvester Adaka

L-R: Justice C. A. Okirie, Justice A. U. Kalu and Justice Timi Cocodia

Col. O.N. Taiwo (left) and Navy Capt. S.S. Garba

Justice Peter Afen

Chief O.C.J Okocha, SAN and Miannaya Essien, SAN

Presiding Justice, Court of Appeal, Port Harcourt Division, Justice A.A.B. Gumel and Miannaya Essien, SAN

L-R Rivers State Chief Judge, Justice Adama Iyayi-Lamikanra, Chief Ferdinand Obih, SAN and Miannaya Essien, SAN

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11.12.2018

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

SMS only to 08098898888

Elevated Judges and Part Heard Matters (Part 2)

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Curtain Call ast week, the first tranche of this write-up was published. Today, we shall continue our analysis into the constitutionality or otherwise of a Judge, who having been elevated to a higher bench and continues to sit at the lower bench which he had vacated, to continue to hear partheard matters. How do we address such Judges? (Continues) It is humbly submitted that, once a judicial officer has been elevated to a higher court, he immediately and automatically shreds the toga of his original status as a Judge of the lower Bench. He ceases equality with these former peers, who were not so elevated. He becomes a new creature. He dons the garment of 2 Corinthians 5:17. “The old things have passed away, behold, the new has come into being if then any be in Christ, he is a new creature: old things are passed away, behold all things are become new”. The hallowed chambers and court precincts of his former court become forbidden zones of operation, having subscribed to the oath of office of his new position. Aside the 7th Schedule to the Constitution, Section 290(1) thereof, prohibits a person appointed to judicial office from performing the duties of his office until he has first declared his assets and liabilities, as prescribed by the Constitution. He must also subsequently, take and subscribe to the Oath of allegiance and the judicial Oath. The said judicial oath can be found in the 7th Schedule as follows: “I, ...... do solemnly swear/affirm that I will be faithful and bear true allegiance to the Federal Republic of Nigeria; that as Chief Justice of Nigeria/Justice of the Supreme Court/ President/ Justice of the Court of Appeal/ Chief Judge/ Judge of the Federal High Court/ Chief Judge/ Judge of the High Court of the Federal Capital Territory, Abuja/Chief Judge of ...... State/Judge of the High Court of ...... State/Grand Kadi/Kadi of the Sharia Court of Appeal of the Federal Capital Territory, Abuja/ Grand Kadi/Kadi of the Sharia Court of Appeal of .... State/ President/Judge of the Customary Court of Appeal of the Federal Capital Territory, Abuja/ President/Judge of the Customary Court of Appeal of ......... State. I will discharge my duties, and perform my functions honestly, to the best of my ability and faithfully in accordance with the Constitution of the Federal Republic of Nigeria and the law, that I will abide by the Code of Conduct contained in the Fifth Schedule to the Constitution of the Federal Republic of Nigeria; that I will not allow my personal interest to influence my official conduct or my official decisions; that I will preserve, protect and defend the Constitution of the Federal Republic of Nigeria. So help me God”. It amounts to a grave contradiction in terms, for any judicial officer who has subscribed to the judicial oath as Justice of the Court of Appeal, to literally have a free fall and descend to the lower court to hear uncompleted, but pending cases. Such an act is not only illegal and unlawful, it is unconstitutional, null and void. In the case of CHUKWUMA v NWONYE (2009) LPELR 4997 (CA), the intermediate court stamped imprimature as follows: “Oath is defined as "a solemn declaration, accompanied by a swearing to God or a revered person or thing, that one's statement is true or that one will be bound to a promise." The implication or legal effect therefore, of an oath, is to subject the person who took an oath to penalties for perjury in the event that the testimony turns out to be false." Per ARIWOOLA, J.C.A (Pp. 12-13, paras. A-B)”.

President Nigerian Courts of Appeal, Hon. Justice Zainab Bulkachuwa

Importance of Jurisdiction For the avoidance of doubt, jurisdiction is the spinal cord and live wire of any court proceedings. Where the court lacks jurisdiction, the entire trial however beautifully conducted, evaporates into shambles, becomes a total nullity, and is consigned to the vehicle of judicial oblivion. In the case of NDIC v CBN & ANOR (2002) LPELR-2000(SC), the apex court held as follows: "Jurisdiction is the very basis on which any tribunal tries a case; it is the lifeline of all trials. A trial without jurisdiction, is a nullity.... This importance of jurisdiction is the reason why it can be raised at any stage of a case, be it at the trial, on appeal to Court of Appeal or to this court; a fortiori the court can suo motu raise it. It is desirable that preliminary objection be raised early, on issue of jurisdiction; but once it is apparent to any party that the court may not have jurisdiction, it can be raised even viva voce as in this case. It is always in the interest of justice to raise issue of jurisdiction, so as to save time and costs and to avoid a trial in nullity.'' Per UWAIFO, J.S.C. (Pp.16-17, paras. G- B)”. Similarly, in the case of AKERE & ORS. v THE GOVERNOR OF OYO STATE & ORS. (2012) LPELR-7806(SC), the Apex Court further buttressed on this issue as follows: "The over-riding importance of jurisdiction, cannot be overstated. It is the life blood

“THE ACJA HAS NO POWERS TO GRANT DUAL CITIZENSHIP TO A JUDICIAL OFFICER, AS BOTH JUDGE OF THE HIGH COURT/FEDERAL HIGH COURT AND JUSTICE OF THE COURT OF APPEAL”

of any litigation before a Court properly so-called. It is so fundamental that when a Court has no jurisdiction, any action taken by that Court will be a nullity notwithstanding the fact that the proceeding was well conducted. See Osakue v Federal College of Education Asaba & Anor (2010) 5 SCM 185, 201-202. See also Madukolu v Nkemdilim (1962) 1 ANLR (Pt. 4) 587 for the principles which define the jurisdiction or competence of a Court to entertain a particular matter." PER NGWUTA, J.S.C. (Pp.23-24, Paras. G-C)”. In the causa celebre on jurisdictional issues, MADUKOLU v NKEMDILIM 2 SCNLR 341, (1962) 1 ANLR (Pt. 4) 587, the Apex Court laid down the following conductions which must be wholly present, before a court can be deemed to have jurisdiction: (a) it is properly constituted with respect to the number and qualification of its members; (b) the subject matter of the action is within its jurisdiction; (c) the action is initiated by due process of law and (d) any condition precedent to the exercise of its jurisdiction has been fulfilled.' What the ACJA in Section 396(7) has audaciously, but vaingloriously attempted to do, is rather than blow a muted trumpet and defer to a superior law, ie, the Constitution, the fons est origo, the grund norm and the “Kabiyesi”, “Eze” and “Emir” of our laws, it seeks to torpedo the Constitution itself. Such a law as the ACJA, must suffer a merciless strike down under Section 1(3) of the said Constitution. The ACJA has no powers to grant dual citizenship to a judicial officer, as both Judge of the High Court/ Federal High Court and Justice of the Court of Appeal. It is akin to the bat that claims to be a mammal (of the order of Chiroptera), because it has teeth, ears, mammary glands, produces milk to feed its young and with forelimbs like all animals do. It simultaneously claims to be a bird, because it can fly like all birds. The sore question that begs for an answer, is whether a Judge of the High Court or Federal High Court lawfully and legally elevated to the Court of Appeal, can still maintain dual status and exercise dual judicial powers over cases in both the Court of Appeal (as a Justice) and the High Court or Federal High Court (as a Judge). This cannot be so. It is humbly submitted that, any elevated Judge having lost the toga of being a Judge of the High Court or Federal High Court, the proper thing for him to do, is for such Justice of the Court of Appeal to recuse himself, send the case file back to the Chief Judge of the High Court or Federal High Court, to be reassigned to another judge of the said High Court or Federal High Court, in line with Section 253 of the Constitution, which provides for the constitution of the Federal High Court. Such a Judge must, like Pontius Pilate, wash his hands off the case, to prevent being accused of undue and special interest in such a matter. The mere suspicion by a litigant that he is being “tried” at the trial court by a Justice of the Court of Appeal who lacks judicial competency to do so, is sufficient for such a Judge to recuse himself. Afterall, justice is rooted in confidence. In MBAS MOTEL LTD. v WEMA BANK PLC. (2013) LPELR-20736 (CA), the Court of Appeal held as follows: “We must never lose sight of the fact that, justice is rooted in public confidence and it is essential to social order and security. It is the bond of society, and the cornerstone of human togetherness. Justice is the condition in which the individual is able to identify with society, feel at one with it, and accept its rulings. The moment members of the society lose confidence in the system of administration of justice, a descent to anarchy begins." Per ABIRU, J.C.A. (P. 26, Paras. E-G)”. (To be concluded next week).

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Why Can’t the Kano Legislature Probe Governor Ganduje?

R Introduction

eprieve finally came the way of Governor Abdullahi Ganduje of Kano State last week, when a Judge of the State High Court permanently restrained the State House of Assembly from continuing the investigation which it had launched into allegations that the Governor received bribe from contractors. The court granted all the reliefs sought by the Claimant, on the ground that, bribery was a criminal offence which the Assembly was constitutionally incompetent to investigate. In the court’s opinion, only the Police and other law enforcement agencies, such as the ICPC and EFCC, possessed such powers. Is the learned trial Judge correct? Given that the relevant provisions of the 1999 Constitution which the court was asked to interpret (Section 128) explicitly, empower a State House of Assembly to “expose corruption in the disbursement of funds appropriated by it”, does the mere fact that collecting bribe is a criminal offence, strip the House of power to investigate what is otherwise official corruption? Let’s see. Overview Section 128 of the 1999 Constitution of the Federal Republic of Nigeria, on which the court based it’s verdict, provides as follows: 128(1):“Subject to the provisions of this Constitution, a House of Assembly shall have power by resolution published in its journal or in the official gazette of the Government of the State to direct or cause to be directed an inquiry or investigation into (b) the conduct of affairs of any person, authority, ministry or government department charged or intended to be charged, with the duty of or responsibility for (ii) disbursing or administering moneys appropriated or to be appropriated by such House” 128(2): “The powers conferred on a House under the provisions of this Section are exercisable only for the purpose of enabling the House to (b) expose corruption, waste and inefficiency in the . . . disbursement or administration of funds appropriated by it”. Critique Did the court apply the correct principles, in interpreting these provisions? Was the verdict, at all events, correct, albeit for the wrong reasons? The court also relied on the following decisions cited by the Plaintiff: SENATE v TONY MOMOH (1983) 4 NCLR 269; ERI v KOGI STATE HOUSE OF ASSEMBLY (2009) ALL FWLR 468 pg 343 @ 396; and EL-RUFAI v HOUSE OF REPS. (2003) FWLR pt. 173 pg 162. To my mind, the question is: was any of them relevant? Were they properly applied? This is because, it is trite that,

Kano State Governor, Abdullahi Ganduje

“for the ratio of a cited case to govern a latter case in hand, the latter case has to be similar or identical to the cited case. In common parlance, the latter case has to be on all fours with the cited case: EKWUNIFE v NGENE (2002) 2 NWLR pr. 646 pg. 650 @ 667 In my humble opinion, the aforesaid cases on which the court based its decision, were wrongly cited and applied by the court. This is because, none of their facts were identical or even similar to those of the instant case. The principle in Tony Momoh’s case was simply that a Legislative House was incompetent to invite an ordinary citizen (in that case, a newspaper editor), to explain the source of a report published in his newspaper. The same thing applies to Eri’s case, a decision of the High Court of Kogi State. Even though it held that the State House of Assembly was incompetent to investigate an allegation of fraud (admittedly a crime), it is a court of co-ordinate jurisdiction, and its decision, binds no other court in the same hierarchy, including the Kano High Court. Besides, its decision was obiter, because the court found that a condition precedent to the validity of the investigation in that case – an express declaration of the purpose of such investigation in the resolution which authorises it - was not complied with by the Kogi State House of Assembly. El-Rufai’s case fares even worse, as the court simply held that his suit was premature, because of his failure to answer the invitation of the House of Representatives to its investigation. Accordingly, none of those decisions

“THE ALLEGATION AGAINST GOVERNOR GANDUJE, WAS THAT HE RECEIVED BRIBE FROM A CONTRACTOR OR CONTRACTORS, FOR AWARDING OR INFLUENCING THE AWARD OF A CONTRACT BY THE STATE GOVERNMENT”

lays down a hard, immutable, rule that a Legislature is incompetent to investigate “corruption” within the contemplation of Section 128(2)(b) of the 1999 Constitution. I’m not aware of any such decision. The question is: what is corruption? See Webster’s Universal Dictionary and Thesaurus, 2nd Edition, where the adjective “corrupt” is said to connote “taking bribes, dishonesty, depravity, (something) rotten or putrid”. It defines the noun “corruption” as “the act of corrupting, the state of being corrupted, physical dissolution”. The allegation against Governor Ganduje, was that he received bribe from a contractor or contractors, for awarding or influencing the award of a contract by the State Government. Now, the Constitution requires every contract awarded by any Government – Federal of State – to be tied to a fund appropriated for that purpose by the National or State Houses of Assembly, in an Appropriation Act or Law passed by those Assemblies. This means that, it is unconstitutional for any Government to spend money that is not backed by an Appropriation Act or Law. Accordingly, it can safely be inferred that, the contract(s) in connection with which Governor Ganduje was alleged to have received bribe, was awarded by his Government pursuant to an Appropriation Law passed by Kano State House of Assembly. In other words, the Governor is alleged to have received corrupt enrichment from the contractor(s). I humbly submit that, this brings his case squarely within the provisions of Section 128(2)(b) of the Constitution; accordingly, the fact that bribery is a criminal offence, is irrelevant to the powers of the State House of Assembly to investigate it. In my view, the paramount consideration, is the intention of the makers of the Constitution. Did they really intend to limit the investigatory powers of a State House of Assembly to supposedly “non-criminal” acts? I believe that such a view, is a narrow and unduly restrictive interpretation of the provisions of Sec-

tion 128(2)(b) of the Constitution. It is trite law that, the Constitution should be interpreted liberally: NAFIU RABIU v THE STATE (1980) 5 S.C. 230 In holding that these provisions were subject to those of Sections 214216 of the Constitution (which establish the Nigerian Police), the court, in effect, held that the powers which the Constitution gives to a State House of Assembly to undertake an investigation for the purpose of exposing corruption in the disbursement of funds appropriated by it, was taken away by the powers which it gave to the Police, to investigate crime generally. Apart from the fact that the former is specific, and therefore, prevails over the general provisions of the latter (specialibus generalia derogant), the law is that “it cannot be presumed that the intention of the makers of the Constitution is to give a right with one hand and take same away with the other”: ATT-GEN OF THE FED. v ABUBAKAR (2007) All FWLR pt. 375 pg. 405 @ 472. Related to the foregoing, is the principle that a Constitution should be construed as a whole, in that related provisions ought be interpreted together: TUKUR v GOVERNMENT OF GONGOLA STATE (1989) 20 NSCC pt. III pg. 254. In this regard, I believe that certain provisions of the Code of Conduct for Public Officers contained in the Fifth Schedule to the Constitution which were relevant to the issue before the court, were unfortunately, not brought to the attention of the court. This is because Governor Ganduje is a public officer and by virtue of Paragraphs 6(1) & (2) and 12 of that Code, the bribery allegations against him ought to be investigated by the Code of Conduct Bureau. This is yet another reason why the argument that only the Police or similar law enforcement agencies are competent to investigate the allegations Governor Ganduje, is a fallacy. To the extent that the provisions of the Code of Conduct were not brought to attention of the trial court, its decision was, with respect, given per incuriam. See ELABANJO v DAWODU (2006) 15 NWLR pt. 1001 pg 76 @ 154, per Onnoghen, JSC (as he then was). Conclusion Governor Ganduje’s reprieve by the court, transcends the jurisdiction in which it was rendered. It has far reaching implications, for the principles of judicial precedent and interpretation of the Constitution. With the greatest respect, neither was correctly applied by the trial court. This is partly due to the quality of counsel’s argument, in the case. However, Governor Ganduje should not rejoice too soon, as not only can the appropriate agency, (the Code of Conduct Bureau, and perhaps, the ICPC) still investigate him, the whistleblower, or even the Kano State House of Assembly itself, can request the Chief Justice of Nigeria to step in under the Section 52 of the ICPC Act, by appointing an independent counsel to do so. That provision obliges such a counsel, to submit the outcome of his or her investigation to the State House of Assembly. And then, what? Who knows? Clearly, it is not yet Uhuru.

16/

11.12.2018

30

T U E S DAY Ëž DECEMBER 11, 2018

BUSINESS/MONEYGUIDE

CBN Grants AMAC MFB Operating Licence Olawale Ajimotokan Ă“Ă˜ ĂŒĂ&#x;ÔË The Central Bank of Nigeria (CBN) has given the Abuja Municipal Area Council (AMAC) a licence to operate a microfinance bank. The bank, which was commissioned last week by FCT Minister, Muhammed Musa Bello, would afford small scale business owners opportunity to access loans without collateral and with little or no interest to boost their businesses. The bank would also support economic empowerment among the less income earning AMAC residents, among other benefits, in line with CBN banking regulatory policy. The Chairman of Board of Directors, Emmanuel Ohakim, recalled that the idea of the

microfinance bank was mooted on June 12, 2017, when AMAC Chairman, Abdulahi Adamu Candido, inaugurated an eightman implementation committee to source for private investors to liaise with CBN and establish the bank. He described the microfinance bank as a dream come true and at a time the United Nations Sustainable Development Goals (SDGs) had taken a firm resolve to fight hunger and poverty in the land. The institution comprises seasoned professionals drawn from both the public and private sectors.Nzegwu Michael is designated the CEO of the board that comprises Henry Opara, Steve Nwadiuko, Musa Dauda, Candido and Dr Helen Jekele. Candido, who lauded the

experience of Ohakim to the project, assured that the microfinance bank would be run purely as an independent financial institution that is devoid of political interference, adding the projection is to have branches across the council for closer financial services. He also acknowledged the CBN for its unflinching support in facilitating the process of certification of AMAC micro bank and for giving it approval to commence operation. “We acknowledge the belief of our stakeholders in this project and assure of the safety of their money because all necessary steps pertaining to regulatory and supervisory guidelines pertaining for micro-finance bank in Nigeria have been followed,� Candido said.

Education,Critical Driver of Economic Development,Says Balogun The founder of the FCMB Group, Otunba Olasubomi Balogun, has described education as one of the critical drivers of development of any society. He said this at the University of Ibadan’s 70th Anniversary Life Achievement and Honours Awards Night held recently in Oyo State. The event was part of the programmes lined up to mark the 70th anniversary of the university. In his lecture, Balogun called on well-meaning Nigerians and organisations to support the development of education in Nigeria with their resources. He said: “It is incumbent on those of us that have been blessed with education, particularly higher education, to continue to give back, especially to those institutions that shaped us. “Education can never be

entirely funded by government or private fees� He said many of the greatest institutions in the world had endowments running into hundreds of millions of dollars, saying it is with such funds that they have been able to fund research and build tomorrow’s leaders, innovators and change agents. Chairing the occasion and represented at the event by the Group Chief Executive of FCMB Group Plc, Mr Ladi Balogun, the founder of FCMB in a paper titled, “Higher Education and Philanthropy,� sought the nexus between higher education and philanthropy. Well known for his deep philanthropy in Nigeria and beyond, particularly in education, healthcare, children and women welfare, religion and culture to mention a

few, he revealed that a lot of the charitable undertakings associated with him, had been deeply influenced by the higher education he was privileged attend.to go through. The banking icon posited that education has the capacity to stimulate a high sense of philanthropy in any individual who has benefitted from it. He opined: “I would also add that supporting education is one of the most effective means one can contribute to the betterment of society and upliftment of the less privileged.� Balogun, said as he grew up, he had a lot of influences which shaped his attitude to life generally and to his community. He said he became very concerned about his environment and the plight of people and institutions that had been close to him.

‘Re-enactment of CAMA to Boost Investment’ Ugo Aliogo The passage into law of the bill for the re-enactment of the Companies and Allied Matters Act (CAMA) will boost investment in the country. Disclosing this at the second induction ceremony of the Compliance Institute with theme: ‘Implementation of Beneficial Ownership Disclosure in Nigeria, the Director, Compliance and Litigation, Corporate Affairs Commission (CAC), Alhaji Garba Abubakar, revealed that the issue of money laundering and terrorist cannot be discussed without examining ownership and control of corporate entities. “As we speak, the drag bill for the re-enactment of CAMA Act has passed through the Senate and we are hoping that it will soon be taken by the House of Representatives and once it is passed it will be taken to Mr. President for assent. “It is a very major development in our law because for us to compete globally and have an enabling environment and improve in our ease of doing business, our laws have to be modern.� He explained that companies and corporate bodies are the major instruments people use

to channel illicit funds and conceal the source of funds either through surreptitious connection and control of natural resources, or illicit financial flows through fictitious contract and other issues. Abubakar, pointed out that the issue had attracted global attention in the last 10 years, especially with the Financial Task Force 40+ recommendation 24 and 10.5, “and recently with the Nigeria Extractive Industry (NETI) transparency initiative and open government partnership initiatives.� The Commission Litigation Director further noted that as the body vested with the authority of maintaining and running the companies’ registry, it is the primary responsibility of the CAC to ensure that the commitment was given effect in the revised bill for the enactment of the CAMA, “we have made provision for the disclosure of persons with significant control.� Earlier in his remarks, the President, Compliance Institute (CIN), Mr. Pattison Boleigha, said the event was another giant stride towards actualising the country’s effort to stem the scourge of corruption, defeat terrorism and instil discipline and a culture of compliance in

the country. He also noted that a total of 151 members successfully qualified for the award of the institute’s compliance professional qualification in examinations conducted in 2018. Boleigha added they inducted 11 associate, compliance institutes in Nigeria (ACIN), who applied and got exemptions as compliance practitioners with the requisite qualifications and experience and 19 honorary fellowships of fellow, Compliance Institute, Nigeria (FCIN) certifications were awarded. Continuing, Abubakar added: “We are hoping that with these disclosures that may not be an end in itself because the people that want to hide and conceal, they are always ahead. “Therefore as they are trying to be ahead, we are also devising ways to checkmate all these concealments. “We need to have provisions that make it easier for people to do business in Nigeria and for greater transparency. The limited liability partnership is not a bill, instead we are making it part of the CAMA. “Under the existing law, we can only register a business and a corporate trustee or a company under part.�

L-R: Director, Operations, Pazino ECC Limited, Mr. Soji Ogunbanwo; Mr. Collins Akpobasah; Stella Ekanem, Julius Ekanem, all subscribers; and Head, Business Development, Pazino ECC, Ms. Abe Soyemi, during Pazino’s allocation of plots of land to subscribers of Akodo Peninsular in Lagos...recently

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2018 Broad Money (M2)

24,303,049.86

-- Narrow Money (M1)

10,912,604.10

---- Currency Outside Banks

1,668,378.21

---- Demand Deposits

9,244,225.90

-- Quasi Money

13,390,445.76

Net Foreign Assets (NFA)

15,619,134.18

Net Domestic Assets(NDA)

8,683,915.68

-- Net Domestic Credit (NDC)

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR) 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, 7 DECEMBER 2018

The price of OPEC basket of ďŹ fteen crudes stood at $59.20 a barrel on Friday, compared with $58.79 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 11, 2018

MARKET NEWS

C & I Leasing to Reconstruct Shares for Future Capital Raising Goddy Egene C &I Leasing Plc has applied to reduce its issued and paid-up share capital from N808.505 million, which is 1,617,010,000 ordinary shares of 50 kobo each to N202,126, 250 share being 404,252,500 ordinary shares of 50 kobo each. In notification to the Nigerian Stock Exchange (NSE), C & I Leasing Plc yesterday said the reduction would be achieved

through the consolidation of every four ordinary shares currently held into one new share in the company. The share capital so reduced, it said, would be added to the company’s share premium account. “The purpose of the reconstruction is to allow the company to have enough unissued shares to accommodate future plans to raise capital through the equity capital market. The additional capital will be used to finance

P R I C E S MAIN BOARD

F O R DEALS

the company’s expansion plan, extinguish some liabilities and enhance the company’s capital mix,” the company said. According to the company, the qualification date for the share consolidation shall be Wednesday 12th December 2018 while the shares of the company will be placed on suspension from Thursday 13th December 2018 to Thursday 27th December 2018 to allow for the consolidation exercise. The shares of C & I

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

Leasing Plc closed at N1.94 per share yesterday. The company recorded improvement in its nine months results, growing profit after tax by 35 per cent. The unaudited results released yesterday showed gross earnings of N19.9 billion, up 15.6 per cent from N17.2 billion, while lease rental income rose to N13.9 billion, up by 17.5 per cent from N11.8 billion in 2017. Personnel outsourcing income

T R A D E D MAIN BOARD

A S

increased by 10.4 per cent to N5.0 billion, from N4.5 billion, bringing net operating income to N5.7 billion, up 8.6 per cent from N5.2 billion. C & I Leasing Plc ended the period with profit before tax (PBT) of N1.3 billion, up 11.4 per cent from N1.2 billion. PAT jumped by 25 per cent to N1.2 billion, compared with N950 million in 2017. Speaking on the results, the Managing Director/CEO of C

O F

& I Leasing Plc, Mr. Andrew Otike-Odibi said: “The Company recorded an increase of about 15.6% in revenue from N17.2 billion in the corresponding period of 2017 to N19.9 billion in 2018 and a stronger improvement in our profit after tax (up by 25 per cent from N0.95 billion in 2017 to N1.2 billion in 2018) while the group has continued to deliver a healthy performance despite the challenging operating environment.

0 6 / 1 2 / 2 0 1 8 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

˾ TUESDAY, DECEMBER 11, 2018

32

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˾ TUESDAY, DECEMBER 11, 2018

33

MARKET NEWS

Second N100bn Sukuk Bond Excites FBNQuest Merchant Bank Goddy Egene

The Deputy Managing Director, FBNQuest Merchant Bank Limited, Mr. Tunde Okeowo has said the second N100 billion Sukuk Bond floated by the federal government would reduce the infrastructural deficit of the country. The federal government last Friday floated the second Sukuk bond to raise another N100 billion as a result of the success of the 2017 Sukuk

bond, whereby 25 roads were successfully constructed and rehabilitated across the six geo-political zones, The Sukuk 2 offer is aimed at consolidating on the gains of the Sukuk 1 by injecting an additional N100billion, which will be directed at funding more infrastructure development projects across the country. The Sukuk further seeks to diversify the federal government’s source of funding, deepen the market for domestic securities and

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

improve financial inclusion, particularly for ethical investors. FBNQuest Merchant Bank Limited has, again been appointed as Co-financial Adviser to the Debt Management Office (DMO) on the issuance of the Sukuk 2. And Okeowo said: ‘‘We happy to be participating in this initiative which will contribute to narrowing the country’s infrastructure deficit. With the issuance of the first Sukuk offer, we were able champion a robust investment

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 0712-2018, unless otherwise stated.

drive - a demonstration of FBNQuest Merchant Bank’s strong distribution capacity. We are especially proud to serve as Financial Advisers on both of the FGN’s Sukuk offers. We are also happy to be working yet again with the DMO, in support of economic growth and development objectives.” he added. FBNQuest Merchant Bank sold over 65 per cent of the total subscriptions to both institutional and retail investors

in Sukuk 1 and a major benefit of the Sukuk 2 is its low-risk investment profile, as the federal government is fully responsible for the payment of investors’ rental income bi-annually, and the repayment of the principal at maturity. The Director-General of DMO, Ms. Patience Oniha last Friday said Sukuk is just like any other of federal government investment platforms, only that its lifespan is just for seven years.

“Simply put, federal government has some capital projects on road infrastructure to undertake, but need your investors to fund it and resell to the federal government at completion. Sukuk pays a high interest rate of 15.743 per cent upon every investment, and I think it’s the highest return on investment you can ever find on any investment currently in Nigeria. It has a zero risk rate, and the returns on investment are tax-free,” she said.

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

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 159.19 160.55 -10.22% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 274.53 276.15 18.78% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.83 0.84 1.32% ACAP Income Funds 0.63 0.63 6.93% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 12.70% AIICO Balanced Fund 2.21 2.23 -3.78% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 130.47 131.38 -13.99% AXA Mansard Money Market Fund 1.00 1.00 12.14% 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 13.17% Paramount Equity Fund 11.48 11.77 3.52% Women's Investment Fund 100.98 103.56 0.34% 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 12.67% Cordros Milestone Fund 2023 94.72 94.88 Cordros Milestone Fund 2028 98.40 98.77 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 12.33% Coronation Balanced Fund 0.84 0.85 Coronation Fixed Income Fund 1.16 1.16 10.41% 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 11.87% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 11.45% 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 1,171.18 1,171.93 11.61% FBN Heritage Fund 140.82 142.01 0.97% FBN Money Market Fund 100.00 100.00 12.73% FBN Nigeria Eurobond (USD) Fund - Institutional $112.52 $112.24 3.40% FBN Nigeria Eurobond (USD) Fund - Retail $112.29 $112.90 3.25% FBN Nigeria Smart Beta Equity Fund 145.40 147.46 -8.42% 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 1.20 1.23 -6.64% Legacy Debt Fund 3.22 3.22 11.43% Legacy USD Bond Fund 1.02 1.02 2.44% 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 2,939.32 2,967.89 -1.55% Coral Income Fund 2,740.50 2,740.50 11.94% 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 12.40% Nigeria Entertainment Fund 106.06 106.43 5.89% 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 N/A N/A N/A

Vantage Balanced Fund N/A N/A N/A Vantage Guaranteed Income Fund N/A N/A N/A Kedari Investment Fund (KIF) N/A N/A N/A LOTUS CAPITAL LTD fincon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.20 1.22 4.43% Lotus Halal Fixed Income Fund 1,091.63 1,091.63 13.00% 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 11.09 11.19 -14.25% Meristem Money Market Fund 10.00 10.00 11.51% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.33 1.35 11.73% PACAM Fixed Income Fund 12.13 12.19 9.86% PACAM Money Market Fund 10.00 10.00 11.38% 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 127.66 128.08 -1.58% 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 14.13% 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 2,315.44 2,300.62 4.69% Stanbic IBTC Bond Fund 188.44 188.44 8.21% Stanbic IBTC Ethical Fund 0.95 0.96 -5.45% Stanbic IBTC Guaranteed Investment Fund 245.58 245.62 13.78% Stanbic IBTC Iman Fund 159.65 161.48 -10.85% Stanbic IBTC Money Market Fund 100.00 100.00 11.95% Stanbic IBTC Nigerian Equity Fund 8,416.29 8,518.73 -11.48% Stanbic IBTC Dollar Fund (USD) 1.10 1.10 6.89% 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 1.17 1.18 -1.34% United Capital Bond Fund 1.58 1.58 10.39% United Capital Equity Fund 0.70 0.71 -7.90% United Capital Money Market Fund 1.00 1.00 12.65% United Capital Eurobond Fund 106.76 106.76 6.67% United Capital Wealth for Women Fund 1.08 1.08 3.73% 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 11.15 11.31 -7.93% Zenith Ethical Fund 12.22 12.32 -5.43% Zenith Income Fund 20.64 20.64 11.84% Zenith Money Market Fund 1.00 1.00 11.90%

REITS NAV Per Share

Yield / T-Rtn

9.00 139.56 51.67

-20.11% 5.36% 1.65%

Bid Price

Offer Price

Yield / T-Rtn

10.33 115.28 88.04

10.43 117.72 89.69

-12.77% -19.29% -19.41%

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

4.00 7.36 14.51 12.09 141.06

4.04 7.44 14.61 12.29 143.06

-15.55% -23.00% -16.84% -38.34% 5.01%

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

TUESDAY DECEMBER 11, 2018 ˾ T H I S D AY

FOREIGN/DIPLOMATIC AFFAIRS

May Delays Parliament Vote on Brexit Deal British Prime Minister Theresa May yesterday abruptly postponed a parliamentary vote on her Brexit deal, throwing Britain’s plan to leave the European Union into chaos after admitting that she faced a rout. Her decision was promptly challenged by the speaker of the lower house of parliament, John Bercow, who said MPs be given a vote on the decision to defer the vote on the deal itself. “I politely suggest that in any courteous, respectful and mature environment, allowing the house to have a say would be the right and, dare I say it, the obvious course to take,” Speaker Bercow said. May’s move on the eve of the scheduled parliamentary vote opens up an array of possible outcomes, ranging from a disorderly Brexit with no deal to another referendum on EU membership. May’s own position could be in jeopardy, with calls from opposition parties for her to step aside. May said she still intended to put her deal to members

of parliament. But she would first ask the EU for more “reassurances” over the main bone of contention: a “backstop” to ensure no hard border on the island of Ireland, which her critics say means Britain could end up indefinitely subject to EU rules after it leaves. Announcing the delay, May was laughed at by some MPs when she said there was broad support for the deal and that she had listened carefully to different views over it – the result of 18 months of tortuous negotiations. “If we went ahead and held the vote tomorrow the deal would be rejected by a significant margin,” May told parliament, adding that she was confident it was the right deal. “We will therefore defer the vote scheduled for tomorrow and not proceed to divide the House at this time,” May said. The United Kingdom would meanwhile step up contingency planning for a no-deal Brexit when it is due to leave on March 29. Sterling GBP=D3 skidded to its weakest level since April 2017,

falling to $1.2527. It was trading at $1.50 on the day of the 2016 Brexit referendum. May accepted there was concern among MPs about the Northern Irish “backstop”. The provision is intended as an insurance policy to avoid a return to border checks between the British-ruled province and the EU-member Irish Republic. But it also goes to the heart of the Brexit dilemma: allowing Britain to set its own rules outside the EU without disrupting trade. The backstop requires Britain to abide by some EU rules indefinitely – potentially long after it quits the bloc and gives up say in setting them – unless some future mechanism can be found to ensure a friction-free land border.That prospect is rejected both by supporters of a cleaner break with the EU and those who want to stay inside it. May said the broader question was whether parliament wanted to deliver on the will of the people for Brexit, or open up the divisions in the world’s fifth largest economy with another referendum.

Macron Promises €100 Monthly Rise in Minimum Wage President Emmanuel Macron is promising a 100-euro monthly rise in France’s minimum wage (about 114 dollars) that will not cost employers anything. In a 13-minute televised speech addressing the demands of the Yellow Vests protest movement, the president said on Monday he is declaring a “social and economic state of

emergency.” Macron also announced that planned tax rises on pensions will not apply to those with incomes of less than 2,000 euros. Employers, who can afford it should pay their workers a special end-of-year bonus that will be free of taxes and social charges, Macron said.

Protesters wearing fluorescent yellow safety tops have blocked roads around France since mid-November, initially in protest at planned rises to petrol and diesel taxes. The demonstrations have since evolved into a broader anti-government movement, with some calling for Macron to resign.

Ousted Gambian Dictator, Jammeh Barred from Entering US The United States on Monday said it would forbid entry into the country of former Gambian dictator Yahya Jammeh and his family over corruption during his 22-year rule. Under a US law that bans foreign officials involved in “significant” corruption or human rights abuses, the State Department said it was blacklisting Jammeh as well as his wife Zineb Jammeh, and his daughter and son. Jammeh trained at a military base in Alabama before seizing power in 1994 and while president bought a mansion in the Washington suburb

of Potomac, Maryland, from basketball star Calbert Cheaney, according to reports at the time. “The United States is committed to combating corruption, increasing respect for human rights and fundamental freedoms, and promoting good governance globally,” the State Department said in a statement. “The United States stands with the government of The Gambia, its people and civil society in support of The Gambia’s transition towards greater transparency, accountability and democratic governance, for the benefit of all Gambians,” it said.

Jammeh ruled with an iron fist over The Gambia, the smallest land-based country in Africa, but he unexpectedly lost an election in December 2016 to the opposition leader, Adama Barrow. Jammeh fled the next month into self-imposed exile after his attempts to hold on to power brought intervention from neighbouring countries. Barrow, now the president, has championed a truth panel modelled on post-apartheid South Africa to shed light on executions, torture, rape and other crimes under Jammeh’s rule.

Russian Ex-policeman Convicted of Killing 77 Women A Russian former policeman was convicted on Monday of killing 55 women and one man, bringing the total number of women he is convicted of killing to 77, a court said. Mikhail Popkov predominantly targeted women aged 18 to 50 in urban areas in the eastern Siberian region of Irkutsk from 1992 to 2007, the Irkutsk-based court said in a statement. He would meet them casually and flirt with them, the statement said. “The victims ended up outside of the city … in a forest, cemeteries, roadsides.” Many of the victims were residents of the cities of Irkutsk

and Angarsk, and the town of Usolye-Sibirskoye, the statement said. Known as the “Angarsk maniac,” his victims included a fellow policeman, Russia’s federal investigative agency said. It took law enforcement officers rather thorough work analysing unsolved crimes to link Popkov to them, including questioning more than a thousand potential witnesses, the Investigative Committee said in a statement. As a police officer, Popkov would have had knowledge of forensic practices. Russian media has reported that many of his victims were m “The identities of 17

of his victims have not been determined,” the court said in its statement. While tabloids have reported that Popkov targeted inebriated woman and prostitutes, the Investigative Committee said his victims were “women of various social status and position in society.” Russian state news agency RIA Novosti reported that Popkov was motivated by his wife supposedly being unfaithful. Popkov was initially convicted three years ago for the murders of 22 women and sentenced to life in prison. He has been stripped of his rank of junior lieutenant

THISDAYt TUESDAY DECEMBER 11, 2018

35

36

TUESDAY DECEMBER 11, 2018 ˾ T H I S D AY

NEWSEXTRA

Don’t Set Nigeria on Fire, CAN Warns Political Parties Onyebuchi Ezigbo in Abuja The Christian Association of Nigeria (CAN) yesterday met with some presidential candidates of political parties in the country and cautioned them against utterances that could set the country on fire. Speaking with journalists shortly after engaging some of the presidential candidates at the Christian Ecumenical Centre in Abuja, the CAN President, Rev. Samson Ayokunle, said the association was out to get the relevant stakeholders to accept to play according to the rules, so that the elections will be peaceful. On the stalemated amendment to the 2010 Electoral Act, the CAN president advised both the executive and the legislative arms of government to come together, bury their differences and agree on the way forward. He expressed worry that with the level desperation exhibited

by politicians during the party primaries, the real elections in 2019 might end up in serious crisis. The CAN president told journalists that the body used the opportunity to interrogate the candidates and their representatives on their plans for the country. “We have reached a stage where whoever will lead us will no more have to give excuse for not repositioning our economy. We have a very short life to live on earth and if the good life does not begin for Nigerians now, when will it begin? We leave a better tomorrow for our children,” he said. The CAN president further stated the reason for the engagement of the presidential hopefuls, saying: “The motive is not to take for granted the 2019 Nigeria. 2019 Nigeria will depend on 2019 general elections - how free and fair it is. If the elections are

not free and fair, all Nigerians will be in trouble, including the Church. So, we have decided to reach out to the stakeholders - the presidential candidates to ask them their credentials for aspiring for the highest office in the country and plans they have for us including the Church. “You will agree with me that in the past few years, we have witnessed bloodshed of unimaginable proportion and we cannot afford to lose more

lives again”. He said the Church cannot afford to take the back seat under the circumstance, adding that the Church can only prosper when Nigeria prospers. He warned politicians not to do something that will set the country on fire. “The level of desperation is too much. If any politician does not have any other job apart from politics, such person should not seek to lead us. He should go and look for a more enduring

profession,” he said. The CAN president said the association intends to make public the outcome of the interactions with the presidential candidates which will come in the form of the collective ratings of the panel. Speaking further on the need for free and fair 2019 elections, Ayokunle said he had reminded President Muhammadu Buhari on the need to see that 2019 election

is an improvement on the 2015. “When we conducted the 2015 general elections, people didn’t expect it to be so free and fair elections but the way the then Goodluck Jonathanled administration conducted it gave us a sense of pride in the international community. Even our PVCs contain more information than that of some developed countries. That was Nigeria doing something for the rest of world to emulate.

Fashola: Completion of Zik Mausoleum Not to Bribe Igbo David-Chyddy Eleke in Awka The Minister of Works, Power and Housing, Babatunde Fashola, has denied insinuations that the Zik Mausoleum which was recently completed was being used by President Muhammadu Buhari to woo Igbo people for political support. Fashola stated this yesterday in Onitsha, Anambra State, during an inspection visit to the project, which is in honour of the first President of Nigeria, Dr. Nnamdi Azikiwe. He said the Buhari administration decided to work on the mausoleum, which is also known as Zik’s place as a mark of honour to the late sage especially as the project has suffered abandonment by successive administrations. The minister said: “This is the fourth time I have visited this project since 2016. Why didn’t you accuse us then that we were playing politics with it? “Now that we have completed the project, you are now saying it’s politics. Well, if that is politics, it’s development

politics, and I think I like that type of politics.” The minister thanked the staff members of his ministry for working dedicatedly to ensure the completion of the project. He said he could not give the exact figure what it cost the federal government to complete the mausoleum, but added that what was left in the project was furnishing. The Minister of Labour and Employment, Dr. Chris Ngige, who accompanied Fashola on the inspection, expressed gratitude to Buhari for the honour done to Zik and the Igbo by completing the project. The project which was started in 1997 had remained abandoned until the President Goodluck Jonathan revisited it and also later abandoned it. Ngige said: “This is the beginning of the great things coming to the Igbo people from the Buhari government. What successive governments couldn’t do in two decades, the APC government of President Buhari has done it in three years.”

You Aren’t Messenger of God, PDP Tells Oshiomhole Adedayo Akinwale in Abuja The Peoples Democratic Party (PDP) has berated the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, for attacking former President Olusegun Obasanjo for supporting the aspiration of Atiku Abubakar, saying Oshiomhole is not a messenger of God to deliver such punitive and cruel statement on a former president whose rights of free association is guaranteed by the constitution. Oshiomhole had last Wednesday said God would decide the case of Obasanjo for reversing himself on Atiku’s presidential aspiration. “Oshiomhole had said: “When you are working with me, and I say you are a thief, God will punish me if I support you. And when you are confused because your supply line has been chopped off, you now entered into a new deal and turned around to support the same person.

“The God that you called with your mouth to punish you if you support the person is about to go to work. And He will go to work in February and He will punish him thoroughly and the person he is supporting in favour of Nigerians.” Reacting to Oshiomole’s outburst yesterday, the spokesperson of the PDP Presidential Campaign Council, Kassim Afegbua, said Oshiomhole is not a messenger of God to deliver such punitive and cruel statement on a former president whose rights of free association and assembly as guaranteed in the constitution of Nigeria. He noted that if there are people God would punish, it would be those people who are rooting for the continuation of “this incompetent, corrupt, inept and under-performing government that has crippled governance and brought untold hardship, poverty, deprivations and hypocrisy on the people.”

MERITORIOUS AWARD…

L-R: Financial Director, Julius Berger Plc, Martin Brack; Director of Administration, Zubairu Bayi; and Managing Director, Dr. Lars Richter, at the long-service award ceremony held in Abuja …recently

Accord Party Candidate Urges Nigerians to Reject Buhari, Atiku Peter Uzoho The presidential candidate of the Accord Party, Mr. Isaac Babatunde Ositelu, has said he would make Nigeria the “food hub of the West African sub-region” during his tenure as the president of the country, and urged voters to reject President Muhammadu Buhari and Atiku Abubakar. Ositelu made the declaration in a statement issued yesterday

in Lagos. He urged the electorate to reject the presidential candidates of the People’s Democratic Party (PDP) and the All Progressives Congress (APC) - Alhaji AtikuAbubakar and Muhammadu Buhari, respectively, to enable Nigeria “come out of the present state of despair in its socio-political and economic travesty.” He accused the two major

contenders for the presidential race of being “part of the grand designs that led to the current misery and hopelessness in the country.” He assured that Nigeria would not only be selfsufficient in food production for local consumptions, but would also embark on export of food crops to countries in the sub-region. According to him, Nigeria was blessed with very

resourceful and enterprising population, excellent weather and expansive land area good enough for large scale food productions. He also added that the tertiary institutions, particularly the Universities of Agriculture, relevant stakeholders in the agricultural value chain as well as financial institutions would be networked to form a coalition of support system in the sector.

Court Shifts NBA President, Usoro’s Arraignment to Dec 18 Davidson Iriekpen The Federal High Court in Lagos yesterday shifted the arraignment of the President of the Nigerian Bar Association, Mr. Paul Usoro (SAN), till December 18, 2018. Usoro was charged with an alleged N1.4 billion fraud. The arraignment earlier

scheduled for yesterday before Justice Muslim Hassan could not hold as the NBA President, through his defence team, told the court that the charge sheet had not been served on him. Usoro was represented in court yesterday by a former NBA President, Chief Wole Olanipekun (SAN), who led 12 other Senior Advocates of

Nigeria. Olanipekun said his client came to court on his own despite not being served with the charge sheet, adding that he was ready to accept the service of the charge sheet in the courtroom. However, the prosecuting counsel for the Economic and Financial Crimes Commission

(EFCC), Mr. Rotimi Oyedepo, said he was not in a position to serve the charge sheet on Usoro, as the charge sheet was with the EFCC investigative office. While shifting the arraignment till December 18, Justice Hassan directed the EFCC to ensure the service of the charge sheet on Usoro.

PDP Not Superior to Judiciary, Kashamu Insists Femi Ogbonnikan in Abeokuta Embattled Ogun East Peoples Democratic Party (PDP), Senator, Prince Buruji Kashamu, has declared that no party supremacy can stop his governorship ambition in the 2019 general election except the judiciary, the last hope of the common man. Speaking at the formal presentation of his governorship flag, 26 state House of Assembly and National Assembly at Omo Ilu Foundation House in Ijebu-Igbo, Ogun State, yesterday, Kashamu said the

Adebayo Dayo-led executives is the authentic and legally recognised PDP structure in the state. According to him, “The people have spoken; the courts have affirmed it and Independent National Electoral Commission (INEC) has complied. “Truly, the party is supreme. But, it is not superior to the judiciary. “Party structure is not supreme to the judiciary. Parry supremacy is not a licence for executive lawlessness. People can’t continue to act in contempt of the teeming

members, leaders and elders of the party and the courts all in the name of ‘party supremacy’. The national leadership of the party led by its Chairman, Prince Uche Secondus, last weekend in Abuja presented the party’s governorship flag to Hon Oladipupo Adebutu, the incumbent Remo North/ Sagamu/Ikenne federal constituency lawmaker. However, Kashamu pledged to touch the lives of the people of the state if elected into office. He said his aspiration would allow him yet another

opportunity to continue to touch lives in diverse ways and on a bigger plan. “Since government is a continuum, I believe we would continue from where the current government stops, and together, we would take our dear state to greater heights. “Politics is a game of chess; full of intrigues and ups and downs, but the mammoth crowd you have seen here says it all. We would not be distracted. We are focused on our mission of taking Ogun State to greater heights.”

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TUESDAY DECEMBER 11, 2018 ˾ T H I S D AY

NEWSEXTRA

We’ll Deploy Smart Card Readers for 2019 Elections, INEC Reassures Despite President Muhammadu Buhari withholding of assent to the 2018 Electoral Act Amendment Bill transmitted to him for the fourth time, the Chairman of the Independent National Electoral Commission (INEC), Prof Mahmood Yakubu,

yesterday assured Nigerians that the smart card readers would be used in the conduct of the 2019 general elections. Yakubu gave the assurance amidst controversy that the refusal of President Buhari to assent Electoral Act

Amendment Bill would cripple the commission’s powers to use the card readers. Speaking at the Nigeria Civil Society Situation Room National Stakeholders’ Forum on Elections in Abuja, Yakubu said the technological device had become an integral part of

the country’s electoral process. “INEC will continue to follow its timetable and schedule of activities as well as its strategic plan. “The commission assures Nigerians that the smart card reader has become an integral part of the electoral process

and will be deployed for the conduct of the 2019 general elections,” he said. The INEC chairman, who was represented by National Commissioner, Festus Okoye, said the commission had improved on its 2015 experience on the use of smart card

readers. “The commission has taken onboard the challenges and glitches faced in the use and deployment of smart card readers in 2015 and has made significant improvements and upgrade to the said smart card readers.”

FG, ASUU Meeting Inconclusive SSANU threatens to commence action Kuni Tyessi in Abuja The meeting held yesterday between the federal government and the Academic Staff Union of Universities (ASUU) made positive progress, but ended inconclusively. This is coming as the Senior Staff Association of Nigerian Universities (SSANU) has threatened to join its academic counterpart in a two-day warning strike, over the nonimplementation of the agreement reached with the federal government. ASUU National President, Prof. Biodun Ogunyemi while speaking with journalists at the end of the closed-door meeting in Abuja, noted that negotiations was still ongoing. He said both parties were yet to reach a concrete decision. “For now, we have started to discuss; we are yet to reach any concrete decision. Once we have more information, we will

make ourselves available to the press,” he said. The meeting which was held at the instance of the Minister of Education, Mr. Adamu Adamu, was to find a lasting solution to the ongoing strike by the university lecturers. Meanwhile, the Senior Staff Association of Nigerian Universities (SSANU) has threatened to join its academic counterpart in a two-day warning strike, over the nonimplementation of the agreement reached with the federal government. The protest will begin on December 17 and ends December 19. A spokesperson for SSANU, Abdussobur Salaam, who disclosed this, said the protest was a decision made at the union’s 35th National Executive Council (NEC) meeting held at the Enugu State University of Science and Technology (ESUT) on December 5 and 6.

Julius Berger Honours 578 Long-serving Personnel Julius Berger Plc has rewarded hundreds of its long-serving members of staff all across its operations in the country, according to a statement by the company. At a colourful celebration of its workforce in Abuja last Saturday, the full complement of the executive management of the company was on hand to honour its hardworking, faithful, loyal, competent, and capable personnel from across all of the firm’s operational regions. Speaking during the occasion, the Managing Director of Julius Berger, Dr. Lars Richter, expressed appreciation to all the honourees “for reaching milestones in their dedicated service spanning up to 40 years”. This productive feat,

Dr Richter said, “is tremendous and truly inspiring”, adding that the occasion was a stock-taking opportunity for the company’s achievements as a whole, especially as it wraps up a very busy work year. He expressed confidence that Julius Berger’s successful pioneering of the innovative methodology has the potential to revolutionize road rehabilitation projects across Nigeria, and that Julius Berger will continue to lead the charge in achieving this. Speaking also in the same vein at the event, the company’s Executive Director, Administration, Alhaji Zubairu Ibrahim Bayi stated that “Julius Berger is what it is today as a result of a dedicated and reliable workforce”.

HAPPY WEDLOCK...

L-R: Chieftain of the Peoples Democratic Party (PDP) in Edo State, Pastor Osagie Ize-Iyamu; Edo State Governor, Mr. Godwin Obaseki; father of the bride and Efeisoghoba of Benin Kingdom, Chief Aisien Ogbebor; bride, Osadebamwen Bridget, and groom, Ibrahim Muazzam, during Ibrahim’s traditional wedding reception in Benin City, Edo State...recently

Court Bars LADOL from Ejecting Samsung from Lagos Free Zone Akinwale Akintunde Justice Abdulfattah Molawale Lawal of the Lagos High Court has bared Global Resources Management Limited and Lagos Deep Offshore Logistics (LADOL) from ejecting Samsung Heavy Industries (SHIN) Nigeria Limited and its subsidiary, SHI-MCI FZE, from the LADOL free zone in Lagos, pending the delivery of the judgment to the substantive suit on January 25, 2019. The judge in ruling also granted an interlocutory injunction restraining LADOL from further unlawful interference with Samsung’s use of its fabrication and integration yard within the LADOL Free Zone Area. The court also ordered that the parties in the suit should co-exist peacefully pending its judgment on January 25, 2019. A statement issued by the spokesman of SHIN and Chief Operating Officer (COO)

of the company, Mr. Frank Ejizu, disclosed that, “The High Court in Lagos granted an interlocutory injunction order restraining LADOL from evicting Samsung from Samsung’s fabrication and integration yard within the LADOL Free Zone. “The Court ordered that Samsung be free to move in and out of its yard with its employees, agents and service providers. Furthermore, the court has directed LADOL to provide all services such as water and power supply to Samsung. This crucial court order allows Samsung to continue its operations unhindered while legal proceedings are ongoing. This is an important decision in favour of Samsung and Nigeria at a critical time. It will allow Samsung to continue to provide services vital to the completion of the Egina project, Nigerian oil production and the Nigerian economy. This decision of the

High Court in Lagos is binding on LADOL and prevents it from unlawfully evicting Samsung from the fabrication yard or interfering with Samsung’s proprietary rights,” “Samsung is pleased that the High Court has ruled in its favour. It has restrained LADOL from evicting Samsung from the yard and required that it complies with its legal obligations to provide services to the yard and its Nigerian employees while proceedings are ongoing,” Ejizu explained. “We have always maintained that there were no lawful grounds to terminate the sublease agreement. This is part of a co-ordinated campaign by LADOL to unlawfully convert, appropriate and take control of the yard to the detriment of the Nigerian economy. “What is particularly sad is that this campaign of harassment by LADOL will frighten away foreign investment into the free-zone,

as foreign businesses. Overall, this will have a negative impact on the Nigerian economy,” he alleged.” Samsung originally won the tender for the construction of the floating production, storage and offloading platform for the exploration of the Egina oil-field 130km off Nigeria’s coastline. When fully operational, the platform will boost Nigeria’s oil production capability by 200,000 barrels a day and will make a significant contribution to the Nigerian economy. The joint venture – SHIN-MCI-FZE, which is owned 70 per cent by Samsung and 30 per cent by LADOL’s affiliate, entered a sub-lease agreement with Global Resources Management Limited (LADOL’s affiliate) in order for SHI-MCI FZE to construct and develop a world class fabrication and Integration yard and quay wall for the execution of the local content elements of the Egina FPSO Project.

Kogi Farmers to Benefit from $200m World Bank Project Yekini Jimoh in Lokoja Farmers in Kogi State are to benefit from the $200 million Agro Processing Productivity Enhancement and Livelihood Support Project (APPEALS) under the World Bank project. The Kogi State Project Coordinator of APPEALS, Dr. Sanni Abdullahi Ozomata, who made this known yesterday in a statement issued by the

Communications Officer, Mr. Ocholi Ikani, said 60,000 Nigerian farmers, including those in Kogi State, would benefit from the World Bank project He stated that the state has a lot of untapped agricultural potential that needed to be harnessed, and that is why the state APPEALS has to align its objectives to the state’s agricultural blueprint. Ikani noted that the

implementation strategy would involve the identification of local government areas based on their comparative advantage and farmers readiness by clustering them to optimise support and performance as well as to build a framework for expansion of existing farm clusters. He equally noted that though APPEALS is new in the state, a strategic communication plan that involves deep

sensitisation and advocacy visit to stakeholders in the rural areas are being implemented across the 21 local government areas of the state. The coordinator stated that the state Coordination Office of the Agro Processing Productivity Enhancement and Livelihood Support Project (APPEALS) has been commended for aligning the objectives of APPEALS to the state agricultural blueprint.

38

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

TUESDAYSPORTS

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

FIFA WOMENâ&#x20AC;&#x2122;S WORLD CUP

Dennerby: Falcons Not Going to Make up the Numbers Duro Ikhazuagbe

Super Falcons Swedish Coach, Thomas Dennerby, has warned other qualified countries for the 2019 FIFA Womenâ&#x20AC;&#x2122;s World Cup that the African champions are not just going to France to make up the numbers but to make an impact in global womenâ&#x20AC;&#x2122;s soccer. After the Nigerian senior womenâ&#x20AC;&#x2122;s team defeated South Africa in penalty shoot out to win the 2018 AWCON and grabbed a ticket as one of the few countries that have never missed the World Cup since inception in China in 1991, Dennerby is upbeat about his team. â&#x20AC;&#x153;We should have the mission to come here (France) and make an impact at the World Cup. Nigeria is ripe for that, but adequate preparation will be key,â&#x20AC;? observed the coach who was among the countryâ&#x20AC;&#x2122;s delegation that inspected

facilities where Falcons would abode during the group stage clashes next year. They also inspected the 21,000-capacity Stade Auguste Delaune in Reims. To achieve the aim of progressing beyond the group stage, Dennerby insisted Falcons must win the opening game against Norway. â&#x20AC;&#x153;Our objective would be to get three points off Norway. We would then go hard against Korea Republic and then take our chances against France. For me, coming to the World Cup next summer should not be about Nigeria just making up the number. â&#x20AC;&#x153;In the early editions of the FIFA Womenâ&#x20AC;&#x2122;s World Cup, Norway used to have outstanding teams. I am not saying they no longer have a strong team. But I believe that if we are able to use our power

and pace to maximum effect, and we improve our marksmanship, we can get a good result against them. â&#x20AC;&#x153;Certainly, we would need a fitness coach to put the Super Falcons in great shape so that we can have that power and great pace to work for us. We would also need to play friendly matches and invitational tournaments to try various formations and combinations.â&#x20AC;?

The inspection of the Stade Auguste Delaune was done alongside the delegations of Norway, United States of America and Thailand, who would also make use of the venue for matches during next summerâ&#x20AC;&#x2122;s World Cup. The stadium was opened as Stade Municipal in 1934, but brought down entirely and rebuilt in 2008. It is named after a former Sports Minister of France who died in a concentration camp

during World War II. Nigeria and Norway go at each otherâ&#x20AC;&#x2122;s jugular in the second match of Group A on 8th June 2019, a day after hosts France and Korea Republic would have opened the tournament at the Parc des Princes in Paris. Incidentally, Norwayâ&#x20AC;&#x2122;s coach, youthful Martin Sjogren, is also Swedish and is a friend of Dennerby. The delegation, which included

NFF Director of Communications Ademola Olajire and Team Administrator, Mary Oboduku, also inspected the Mercure Hotel Reims where the Super Falcons will stay, as well as the training pitch. After playing Norway on 8th June, the Super Falcons will move to Grenoble to play Korea Republic on 12th June before heading to Rennes to take on France on 17th June.

Supersand Eagles Just One Victory Away from World Cup Ticket Nigeriaâ&#x20AC;&#x2122;s beach soccer national team, Supersand Eagles, is again on the threshold of qualifying for the FIFA World Cup, after a 4-2 defeat of debutants Tanzania yesterday at the on-going CAF Beach Soccer Cup of Nations in Sharm El Sheikh, Egypt. Veteran Abu Azeez, who opened his goals tally for the tournament with a brace against Libya on Sunday, scored one of Nigeriaâ&#x20AC;&#x2122;s four goals to take his tournament tally to three â&#x20AC;&#x201C; same as Emeka Ogbonna. Another Nigerian player, Taiwo Adams, who netted twice against Senegal on the opening day, also has three goals, after he scored one against the Tanzanians on Monday. Emmanuel Ohwoferia netted one against Libya on Sunday and made another against the Tanzanians to take his tally to two, while Tyson Ojukwu opened his tournament goals account with one against the Tanzanians. In other matches on Monday,

hosts Egypt defeated 2015 champions Madagascar 4-2 while Morocco edged Cote dâ&#x20AC;&#x2122;Ivoire 5-4. The other semi finalists would be known this afternoon as Egypt clash with Cote dâ&#x20AC;&#x2122;Ivoire and Madagascar are up against Morocco. Senegal, who edged Nigeria on penalties following a 4-4 draw after regulation and extra time on Saturday, whipped Tanzania 12-2 on Sunday, but must avoid defeat against Libya, 5-3 winners over Tanzania, today to reach the last four. Victory in their semi final match on Wednesday will see the Supersand Eagles pick a ticket to the 2019 FIFA Beach Soccer World Cup holding in Paraguay, as the two finalists at the on-going championship will be eligible. Nigeria came close to reaching the semi finals of the FIFA Beach Soccer World Cup seven years ago, before they lost to Brazil in extra time in Ravenna, Italy.

CHAMPIONS LEAGUE

Spurs Can Cause Barca Upset, Says Pochetino Tottenham Hotspur can defeat Barcelona at the Nou Camp today to secure a place in the Champions League knockout stages, their upbeat coach Mauricio Pochettino has said. Spurs must equal or better Inter Milanâ&#x20AC;&#x2122;s result at home to alreadyeliminated PSV Eindhoven to clinch a last-16 spot that looked improbable after just one point from their opening three group games before consecutive home wins over PSV and Inter. Pochettinoâ&#x20AC;&#x2122;s opposite number Ernesto Valverde said earlier on Monday that he would make a

number of changes to his team, with Barca already qualified as group winners, but Tottenhamâ&#x20AC;&#x2122;s Argentine coach is taking nothing for granted. â&#x20AC;&#x153;Weâ&#x20AC;&#x2122;re going to be ready to compete in the best condition that we can,â&#x20AC;? Pochettino told a news conference on Monday. UCL FIXTURES TONIGHT Schalke 04 v Galatasaray v Liverpool v Barcelona v Monaco v Zvezda v Inter v Club Brugge v

Lokomotiv Moscow Porto Napoli Tottenham Dortmund PSG PSV Atletico

Supersand Eagles began training ahead of tomorrowâ&#x20AC;&#x2122;s crucial game of the CAF Beach Soccer Africa Cup of Nations shortly after defeating Tanzania to get to the semi ďŹ nalâ&#x20AC;Śyesterday

Golf: EmeďŹ ele Commends Winners of CBN Governorâ&#x20AC;&#x2122;s Cup The Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, has commended Mr. Ugochukwu Chigborogu and others for brushing aside all oppositions to emerge champions of the 2018 edition of the annual CBN Governorâ&#x20AC;&#x2122;s Golf Cup held at the IBB Golf and Country Club, Maitama, Abuja last Saturday. Chigborogu who had a Handicap of 26.5 before the one-day tournament, grossed 91 and 65 to beat the rest of the over 200 golfers drawn from across

the country. He stepped up to a new handicap of 23.5. Bello O. won the menâ&#x20AC;&#x2122;s Division 1(handicap 0-10) category with a gross net of 79 and 70 beating A. Chigbo and S.M. Bello to the second and third positions respectively. The division 2 (handicap11-19) title went to S. Ndifon who beat the duo of S. Mahbubani and Saeed to claim the title with 83 and 68 gross net. The menâ&#x20AC;&#x2122;s Division 3 (handicap 19-28) was won by A Emezozo who played a gross of 91 and 70

nets to edge out B.C. Son and G. Udjor, respectively. The lady golfers were not left out as Grace Ihonvbere had a gross net of 86 and carded 75 in the ladies (handicap 0-20) to emerge victorious while N. Abubakar won the ladies division 2 (handicap 21-36) title. The ladies veteran category was won by J. Barber with a gross net of 98 and 69 ahead of J Acholonu who had 107 and 78 gross nets. Sanusi Abdullahi won the menâ&#x20AC;&#x2122;s (staff) Longest Drive in the auxiliary division while Grace Ihonvbere

claimed that of women. Other winners include, E, Chioba for menâ&#x20AC;&#x2122;s Longest Drive; M. Edozie, who won the ladies Nearest to Pin and Edward Mark clinched the menâ&#x20AC;&#x2122;s Nearest to Pin prize. Excited on the outcome of the hitch free event, the CBN Governor, Mr. Emefiele, who was represented by Mr. Isaac Okorafor, the bankâ&#x20AC;&#x2122;s Director, Corporate Communications, thanked the golfers for contributing to the success of this yearâ&#x20AC;&#x2122;s championship.

NFF Appreciates Simba Group for Supporting Nigerian Football The President of the Nigerian Football Federation (NFF), Mr. Amaju Pinnick, has thanked, Simba Group, distributors of TVS motorcycles and tricycles, for their close ties and support for Nigerian football. The NFF president recently visited the Groupâ&#x20AC;&#x2122;s head office in Oregun, Lagos where he presented

a customised Super Eagles jersey to the Business Head of Simba Group, Mr. Manish Rohtagi. To celebrate the association, several commercial motor cyclists (Okada riders ) and three cycle riders (Keke Riders) branded their vehicles in the nationâ&#x20AC;&#x2122;s official green white green colours to celebrate the occacion of the visit.

Speaking at the event, the Business Head of Simba Group, Mr. Manish Rohtagi, explained that the company, which is one of the countryâ&#x20AC;&#x2122;s most respected business groups, has been operating in Nigeria for over 30 years. Within that time, the group, he noted, has contributed greatly to the nationâ&#x20AC;&#x2122;s economy while its

portfolio of widely recognised brands, continue to dominate industries in which they operate. Rohtagi said Simba has supported national football at many levels, but officially became sponsors of the Super Eagles through their TVS brand of motorcycles and tricycles early this year.

Ronaldo Challenges Messi to Join Him in Italy Juventus forward Cristiano Ronaldo has challenged Lionel Messi to leave Barcelona and sign for a club in Italy. Portugal international Ronaldo joined Serie A champions Juventus from Real Madrid in a ÂŁ99.2m deal in the summer. Ronaldo and Argentina forward Messi, 31, have long been regarded as the worldâ&#x20AC;&#x2122;s

best players, each winning five Ballon dâ&#x20AC;&#x2122;Or awards before Real Madridâ&#x20AC;&#x2122;s Luka Modric claimed this yearâ&#x20AC;&#x2122;s prize. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;d like him to come to Italy one day,â&#x20AC;? said Ronaldo, 33. â&#x20AC;&#x153;I hope he accepts the challenge like me, but if heâ&#x20AC;&#x2122;s happy there then I respect that.â&#x20AC;? Ronaldo spent nine seasons at Real Madrid after arriving from

Manchester United in 2009, with Messi having spent his whole career at La Liga rivals Barcelona. Asked if he missed Messi during an interview with Italian press, Ronaldo added: â&#x20AC;&#x153;No, maybe itâ&#x20AC;&#x2122;s him who misses me. â&#x20AC;&#x153;Iâ&#x20AC;&#x2122;ve played in England, Spain, Italy, Portugal and for my national team, while heâ&#x20AC;&#x2122;s still in Spain. â&#x20AC;&#x153;Maybe he needs me more.

For me, life is a challenge, I like it and I like to make people happy. â&#x20AC;&#x153;Heâ&#x20AC;&#x2122;s a fantastic player and a good guy, but I donâ&#x20AC;&#x2122;t miss anything here. This is my new life and Iâ&#x20AC;&#x2122;m happy. â&#x20AC;&#x153;I left my comfort zone and took on this challenge here in Turin. Everything has gone well, Iâ&#x20AC;&#x2122;ve proven Iâ&#x20AC;&#x2122;m still an incredible player.â&#x20AC;?

THISDAYt TUESDAY DECEMBER 11, 2018

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Tuesday December 11, 2018

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Price: N250

MISSILE NBA to EFCC

“If these EFCC incursions are not checked, the Bar and the practice of our profession are doomed.That independence and the courage of the advocate are now being threatened and trampled upon by the EFCC. Lawyers now have to work and walk on tip-toe, looking over their shoulders to determine whether the EFCC would be coming after them solely on account of their courage and independence in advocacy. – Nigeria Bar Association (NBA) affirming that the Economic and Financial Crime Commission (EFCC) lacks the locus standi to meddle in client and lawyer contractual relationship.

ISSAAREMU GUEST COLUMNIST

Saraki As (Kwara) State ? M

y constructive engagement with my brother, the Senate President, Dr Bukola Saraki, on governance issues of our dear state, certainly predated my emergence as the Governorship candidate in February election under the Labour Party (LP). The Senate President was recently reported that he “would start off setting (sic!) salary arrears owed certain category of workers in Kwara state from next week”. Saraki reportedly announced the news during the PDP monthly stakeholders’ meeting at the “Charity House” in Ilorin, Kwara state. I expected to no avail, Senator Saraki to refute this singular unacceptable indignity news about workers credited to him. I agree with the received wisdom that the “greatest truth is honesty, and the greatest falsehood is dishonesty.” The civil servants of the great pioneer state of Kwara created in 1967 are not Senator Saraki’s domestic staff. Even for his domestic staff he is not at liberty to pay salaries long due at his pleasure “from next week”! Paradoxically too, he is neither the defaulting governor nor local government chairman. Salary payment is not an act of political and petty partisan charity to workers by any individual. On the contrary Kwara state government headed by Governor Abdulfatah Ahmed and the local government chairmen as defaulting employers must immediately pay all workers’ entitlements failing which they should resign as elected officials of the state. We dare not hail charitable wage-defaulters no less than we must offer solidarity for the unpaid workers. The 1999 constitution envisages salaries and pensions as legitimate earnings for services rendered by workers for the state. Relevant labour laws legitimise these constitutional provisions with sanctions for non-compliance. The 1999 constitution recognises the State and not an individual or “a leader” (ascribed or earned). Before “next week.” Is he aware that some unpaid workers were long dead? At the same very partisan forum, the state governor, Alhaji Abdulfatah Ahmed reportedly blamed the inability of his government to clear the backlog of salary arrears on the drop in the federal allocation to the state and the refusal of the federal government to release the state’s last tranche of the Paris Club refund. But does the drop in federal allocation affect his own salaries, emoluments, huge security votes and expensive travel budgets through chattered flights? Does the non- release of Paris Club refund affect the payments of emoluments of his commissioners and advisers and waste of resources on projects of dubious developmental value? The down side of the good two- term governance of Gov Rauf Aregbesola of Osun state was the crisis of salary payment. But it was gratifying to read that throughout his tenure, he did not collect salaries! Governor

Buhari

Saraki

Ahmed must for once just consider the plight of that worker whose salary was not paid for one to seven months or criminally paid at whimsical reduced rates. For the worker who is a sole breadwinner, the family support has collapsed. Food is difficult to find to feed the children with all the implications for malnutrition. Some kids are withdrawn from school on account of non-payment of school fees while the next Sallah or Christmas cloth will necessarily elude the children. We pray that members of the family of the workers not paid do not fall sick either. Many workers have passed on due to lack of out- of-pockets money to treat preventable diseases like malaria, pneumonia or auto accidents. Since the breadwinner cannot meet expectation, depression has logically replaced love within many working households. The options before a worker not paid in a state without social security

and comprehensive medicare like Kwara state are better imagined. Non-payment of salaries makes work ever precarious. President Muhammadu Buhari commendably asked the wage defaulting governors and their patrons; “How do you get sleep at night when your workers are not paid as at when due”? The point cannot be overstated. Wages are amount of remuneration that a state or local government or any employer is required to pay workers for the work performed during a given period not “ later next week”. Nigeria currently faces a crisis of governance with respect to payment of legitimate salaries and wages of workers. It is unacceptable that in 2018, some state governance shamelessly argue against N30, 000 minimum wage; The N1000 per day for an average of working family a man, his wife and four children, $80 dollars per month, compared to monthly minimum wage of $200 Nigerian workers

It’s time Nigeria treated wagerelated crimes, non-payment, low payment, wage-diversions (so-called ghost payments) and politicisation of wage payments as economic crimes! All faiths underline the importance of prompt remuneration for working men and women

earned in 1981. Nigerian workers are no “working” beggars. South Africa just announced its first monthly minimum wage of $206. I salute state governors who agreed with organised labour, organised, private sectors and the federal government on the new minimum pay of N30, 000! Conversely the governors who are opposed to minimum pay must resign. They are unfit to be in the office based on the 1999 constitution which accepts the principles of negotiated minimum and living wages. I commend the Central Bank of Nigeria under governor, Godwin Emefiele. He rightly pointed out that increased minimum pay is a necessary condition for Nigerian economic recovery. At its recently concluded Monetary Policy Committee (MPC) meeting in Abuja the CBN communiqué reads that “…. given the negative output gap, the proposed increase in the national minimum wage would stimulate output growth due to prolonged weak aggregate demand arising from salary arrears and contractor debt,”. Both Lagos and Kano states are leading on the ranking of GDP and ease of doing business. It’s not surprising because the two states relatively good pay salaries and promptly too! Good wage is smart economics. President Muhammadu Buhari commendably set up the new minimum wage committee and gave it free hands to operate. The President should urgently push for a speedy legislation on a new negotiated minimum wage of N30, 000 for Nigerian workers by the National Assembly. Non-payment of good pay amounts to what I call economicide, (systemic destruction of lives on account of lack of means of live hood). It’s time Nigeria treated wage-related crimes, non-payment, low payment, wagediversions (so-called ghost payments) and politicisation of wage payments as economic crimes! All faiths underline the importance of prompt remuneration for working men and women. According to Prophet Muhammed (pbh), the Almighty Allah said, “I will be the opponent of three on the Day of Judgment: and one who hires a workman and having taken full work from him, does not pay him his wages, on the Day of Judgment.” Allah the Exalted will be the opponent of those types of people. Hence, the employers who hire workers then delay their wages for a month or two or three must fear Allah. The Prophet, also added: “Pay the labourer his wages before his sweat dries.” “You shall give him his wages on his day before the sun sets, for he is poor and sets his heart on it; so that he will not cry against you to the LORD and it becomes sin in you.” According to Pope John Paul II: “A just wage for the worker is the ultimate test of whether any economic system is performing justly.” r *TTB "SFNV NOJ .FNCFS PG /BUJPOBM *OTUJUVUF BOE -BCPVS 1BSUZ HPWFSOPSTIJQ DBOEJEBUF JO ,XBSB 4UBUF

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