CBN Reverses Directive on $8.1bn MTN Refund Insists there were infractions but assures investors of integrity of CCIs
Obinna Chima and Emma Okonji The Central Bank of Nigeria (CBN) yesterday said it had reversed its sanction on MTN
Nigeria Limited, imposing a refund of $8.1billion the telecom company had remitted abroad in violation of foreign exchange remittances law of the country. The MTN also confirmed this
development in a statement yesterday. The CBN had in August, directed MTN Nigeria to reverse repatriations valued at $8.1 billion done on its
behalf by four commercial banks between 2007 and 2015 on the basis of Certificates of Capital Importation (CCIs), which were alleged to have been irregularly issued to MTN
Nigeria. The Director, Corporate Communications, CBN, Mr. Isaac Okorafor, explained that following the keen interest shown by various stakeholders,
sequel to the regulatory action, the CBN committed to engage further with MTN with a view to achieving an equitable Continued on page 10
APM, Led by Amosun, Delivers Letter of Adoption to Buhari … Page 40 Tuesday 25 December, 2018 Vol 23. No 8651. Price: N250
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Buhari: My Commitment to Free, Fair Elections Irrevocable Warns bandits in Zamfara, Sokoto
Omololu Ogunmade in Abuja and Onuminya Innocent in Sokoto President Muhammadu Buhari yesterday, in his Christmas message to Nigerians, said his promise to conduct free, fair and credible polls in 2019 was an oath, which could not be broken. The president also condemned the killing of
innocent Nigerians in Birnin Magaji community in Tsafe Local Government Area and Magami community in Faru District of Maradun Local Government Area of Zamfara State, by suspected bandits, warning that such horrendous violent acts must stop. Buhari in a statement insisted that his promise to Continued on page 40
More Trouble for 2019 Budget as Oil Price Slumps to $53 NNPC boosts Yuletide with N75bn petrol subsidy Ejiofor Alike in Lagos and Chineme Okafor in Abuja with agency reports The implementation of the 2019 budget presented recently to the National Assembly by President Muhammadu Buhari
has continued to face increasing threats as oil prices dropped further yesterday, nearing their lowest level this year. The global stock markets also declined after they came under pressure from concern about Continued on page 10
THE PRESIDENT’S MEN… L-R: Ogun State Governor, Senator Ibikunle Amosun, President Muhammadu Buhari and National Chairman of Allied People's Movement, Mr. Yusuf Dantalle, during the presentation of letter of adoption of the president as the APM’s presidential candidate, in Abuja…yesterday
To our readers: In keeping with our tradition of observing Christmas Day, THISDAY, your favourite newspaper of record, will not be on the newsstands on Wednesday, December 26, 2018 but will be back on Thursday, December 27, 2018. We wish our readers a very Merry Xmas. - Editor
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PAGE TEN
FG: We Spent ECA Withdrawals on Military Hardware, Paris Club Refund to States Says no plan to increase tax rate
Ndubuisi Francis in Abuja The federal government explained yesterday that the recent withdrawals from the Excess Crude Account (ECA) were channelled into the purchase of Super Tucano jets, military hardware and payment to the states as part of the Paris Club refund. It was revealed at the Federal Account Allocation Committee (FAAC) meeting in Abuja last week that a total
of $1.68 billion had been withdrawn from the ECA, leaving a balance of $631.5 million. Speaking at a press conference in Abuja yesterday, the Minister of Finance, Mrs. Zainab Ahmed, said that the withdrawal of the approved $1. 8 billion for the war against insurgency in the North-east, as well as Paris Club refund to states were responsible for the sudden reduction in the account.
She said, “The ECA as at January 2018 had a balance of about $2.45 billion. There were a number of inflows into that account during the course of the year, bringing the total balance to about $ 3.5 billion as at October, 2018 “We had approval from the NEC to use $1.8billion for the needs of the security services and so far, I am sure you all know we have paid for the Super Tucano jets and following that, we have also
paid for some critical military equipment which means that most of the $1 has been utilised to date. “We have also got instructions from Mr. President, with the support of NEC, to pay part of the debt that is being owed by the federal government to the states in respect of the Paris Club. “That has also been paid from that account. So to date, we have a balance of $631.445 million," she said.
Meanwhile, the minister said there was no immediate plans to increase tax rates as earlier speculated in some quarters, adding that higher taxes would be extended to high networth individuals. She also stated that the previously approved luxury taxes will be implemented fully next year, while consumers of luxury products like private jets, and yachts, among others should brace up to pay more in taxes.
She said, “We are not increasing tax rate; we are increasing tax collections by expanding the tax base.� She added that the federal government would likely reduce taxes to the lower level of businesses under the Small and Medium Enterprises (MSMEs). Ahmed noted that this has to be approved by the economic management team and the National Assembly.
With this development, the imported three billion litres of petrol may have culminated in an under-recovery cost of N75 billion. Based on the 60 days, which the NNPC said the three billion litres would last at the average consumption of 50 million litres per day, the corporation may be recording an under-recovery of N1.250 billion daily to keep petrol pump price at government regulated price of N145 per litre. NNPC’s Group Managing Director, Dr. Maikanti Baru, told journalists in Abuja yesterday that under-recovery cost had declined alongside the prices of crude oil at the international market. Baru spoke after inspecting petrol stations within the Federal Capital Territory (FCT), Abuja to boost the corporation’s efforts at checking scarcity of petrol during the Yuletide. Baru, who stated that the NNPC had stockpiled its petrol reservoir to take Nigeria for about 60 days, explained that when oil prices were around $80 per barrel, the NNPC incurred as much as N80 under-recovery on every litre of petrol it brought into Nigeria. He added that while the corporation made efforts to ensure Nigerians celebrated the Christmas and New Year without petrol scarcity, some
people he didn’t disclose their identities, attempted to disrupt the plans, adding that the corporation was fast to checkmate them. “We started out at Nyanya and then here. Unlike 24 of December last year, there was scarcity, today we started with our eyes clear, and no eye-bags. “Today, we are having much lower crude oil price and under-recovery has also gone down significantly,� Baru said, while indicating it was around N25 per litre. According to him: “We don’t have much control over under-recoveries, although, it feels good as producers of crude oil, that if prices of crude oil goes up, then we have more revenue come in terms of crude oil sales, however, when you are importing, the product prices actually follow the crude prices almost immediately. “When we had very high crude prices – over $80 per barrel, we were seeing underrecovery getting to N70 to N80 per litre, and as it dropped - it came to about $60 per barrel, the pricing has also gone down and under-recoveries. The only measure we can put in place is to ensure we are sufficiently prepared to keep bringing products.� Asked what the NNPC did differently to ensure there was not a repeat of the December
certain certificates of capital importation utilised in the private placement were not properly issued. “MTN Nigeria and the CBN have agreed that they will resolve the matter on the basis that MTN Nigeria will pay the notional reversal amount without admission of liability. “In terms of the resolution agreement, the CBN will regularise all the CCIs issued on the investment by shareholders of MTN Nigeria of circa $402,625,419 without regard to any historical disputes relating to those CCIs, thereby bringing to a final resolution all incidental disputes arising from this matter. “MTN Nigeria relied on certain commercial banks to ensure all approvals had been obtained prior to the CCIs being issued and to ensure the CCIs were properly utilised in the private placement.� Furthermore, it stated that MTN Nigeria would be engaging with the banks in
relation to the issues dealt with in the resolution agreement. Shareholders were, however, advised that the legal process initiated by MTN Nigeria for injunctive relief restraining the Attorney General of the Federation (AGF) from taking further action in respect of its orders for back taxes is continuing. MTN said, “The AGF matter came up for initial mention before the Federal High Court of Nigeria Lagos Judicial Division on November 8, 2018 and has been adjourned to February 7, 2019. “MTN Nigeria continues to maintain that its tax matters are up to date and no additional payment, as claimed by the AGF, is due, and consequently no provisions or contingent liabilities are being raised in the accounts of MTN Nigeria for the AGF back taxes claim. “As a result of the above, shareholders are no longer required to exercise caution in dealing with the company securities.�
2017 situation, Baru, said it stockpiled petrol and ensured no marketer could hoard or divert products as they allegedly did in 2017. “There was a lot of work. This time last year, we were in a very bad situation in terms of supply, and we also experienced a lot of sharp practices – the oil marketing companies were very busy diverting products, hoarding products. Of course, we were aware of some of their collaborators that aided and abetted them to divert products. “It got to a point that as much supply as we put in, they were taking and locking them up, but with the support and approval of Mr. President, we were able to bring in a lot more product than was required to make sure that despite their hoarding activities and diversion, there was much more product available on ground than their activities, to the point that we built up stock and in late January and early February we were bringing double of the daily requirement into the country,� he stated. He added: “At the moment, we have 60-day supply in-tank, about three billion litres of PMS that will last us without bringing any drop of fuel in 60 days. We are seeing clear into the election period, so if they are planning for similar situation beyond the Yuletide into the election period, we are going to disappoint them. "There will be sufficient product, and if any has hoarded, they should better bring it out into the market.�
Continued on page 45
MORE TROUBLE FOR 2019 BUDGET AS OIL PRICE SLUMPS TO $53 a United States government shutdown and a worsening world economy. The price of oil has already fallen by more than 30 per cent so far this quarter to its lowest since the third quarter of 2017. Reuters reported that investors have grown increasingly wary of the impact to global growth, and crude demand, from an escalating trade dispute between the US and China. The US Senate has been unable to break an impasse over President Donald Trump’s demand for more funds for a wall on the border with Mexico, and a senior official said the shutdown could continue until January 3, 2019. As investors flocked to perceived safe-haven assets such as gold and government debt, at the expense of crude oil and stocks, Brent crude futures were down 58 cents at $53.24 per barrel. Also, the US crude futures fell 90 cents to trade at $44.69. Brent fell 11 per cent last week and hit its lowest since September 2017, while US futures slid to their lowest since July 2017, bringing the decline in the two contracts to 35 per cent so far this quarter. The macroeconomic picture and its impact on oil demand continue to pressure prices. Global equities have fallen
nearly 9.5 per cent so far in December, their biggest onemonth slide since September 2011, when the euro zone debt crisis was unfolding. The trade dispute between the United States and China and the prospect of a rapid rise in US interest rates have brought global stocks down from this year’s record highs and ignited concern that oil demand will be insufficient to soak up any excess supply. Global benchmark crude had hit this year’s high of $86 per barrel in October before it slumped to $53 yesterday. With oil at $53 per barrel, the implementation of Nigeria’s 2018 budget is under threat as the N8.8trillion budget was predicated on oil price of $60 per barrel. The Economic Recovery Growth Plan (ERGP) had proposed $50 for the 2019 budget but this was ignored as oil price hovered around $80 during the budget preparation. The federal government also predicated the budget on the 2.3 million barrels per day even though the current output is still around two million barrels per day. In order to drain the excess crude oil at the international market and boost prices, the Organisation of the Petroleum Exporting Countries (OPEC) and other oil producers,
including Russia agreed this month to curb output by 1.2 million barrels per day (bpd). But the cuts will not happen until next month, and production has been at or near record highs in the US, Russia and Saudi Arabia. However, should that fail to balance the market, OPEC and its allies will hold an extraordinary meeting, United Arab Emirates Energy Minister Suhail al-Mazrouei said on Sunday.
NNPC Boosts Yuletide with N75bn Petrol Subsidy
Meanwhile, the Nigerian National Petroleum Corporation (NNPC) said it had imported three billion litres of fuel to avert the scarcity of the product during the Christmas, and New Year 2019, indicating that the corporation may have incurred a total of about N75 billion as 'under-recovery' cost to subsidise the product during the period. NNPC now uses the term, ‘under-recovery’ to describe the cost of subsidising petrol imports, to retain the pump price at N145 per litre. The state oil company disclosed yesterday that underrecovery cost has dropped from about N80 per litre to N25 per litre due to the drop in the price of crude oil.
CBN REVERSES DIRECTIVE ON $8.1BN MTN REFUND resolution. He said, “Consequent upon the above, MTN Nigeria, led by its Nigerian shareholders, held intensive engagements with the CBN in the course of which it supplied additional material information, not previously offered to the bank, satisfactorily clarifying its remittances. “Having now reviewed the additional documentation provided by the company, the CBN has concluded that MTN is no longer required to reverse the historical dividend payments made to MTN Nigeria shareholders.� However, the CBN maintained that it identified that the proceeds from the preference shares in MTN Nigeria’s private placement remittances of 2008 were irregular having been based on CCIs that were issued without the final approval of CBN. According to him, “The CBN and MTN Nigeria have mutually agreed that the aforementioned transaction
be reversed notionally to bring it into full compliance with foreign exchange laws and regulations. “The parties have resolved that execution of the terms of the agreement will lead to amicable disposal of the pending legal suit between the parties and final resolution of the matter. “The CBN assures foreign investors that the integrity of the CCIs issued by authorised dealers remain sacrosanct. Potential investors are encouraged to take advantage of the enormous investment opportunities that abound within Nigeria.� On its part, South Africanbased parent company of MTN Nigeria, in a statement, said MTN Nigeria held various engagements in order to find an equitable resolution to the matter. It disclosed that series of meetings were held in Lagos with CBN officials last month. At these meetings, MTN
Nigeria was said to have provided additional material documentation which satisfactorily clarified its remittances. It said, “The CBN upon review of the additional documentation concluded that MTN Nigeria is no longer required to reverse the historical dividend payments made to MTN Nigeria shareholders. “However, the CBN maintains that the proceeds from the preference shares in MTN Nigeria’s private placement remittances of 2008 of circa $1 billion were irregular having been based on CCIs that only had an approval-in-principle, but not final regulatory approval of CBN. “The CBN instructed MTN Nigeria to implement a notional reversal of the 2008 private placement of shares in MTN Nigeria at a net cost of circa N19.2 billion - equivalent to US$52.6 million (the notional reversal amount). “This is on the basis that
TOP GAINERS DANGSUGAR DIAMONDBANK NESTLE STANBICIBTC SEPLAT TOP LOSERS GUINEAINS TANTALIZER JOHNOHOLT
NGN NGN 1.40 15.40 0.15 1.65 147.00 1,617.10 4.60 50.60 58.40 642.90 NGN 0.02 0.23 0.01 0.20 0.01 0.44 UNITEDCAPITAL 0.01 2.82 LAFARGE 0.10 12.50 HPE Nestle Nig Plc ₌1,617.10 Volume: 715.035 million shares Value: N5.194 billion Deals: 2,789 As at Monday 24/12/18 See details on Page 31
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T H I S D AY Ëž Ëœ Í°ÍłËœ Ͱ͎ͯ͜
COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
BUHARI, NASS AND BUDGET PRESENTATION
The anger that greeted the President’s budget presentation is a reflection of the division in the country, argues Femi Salako
P
resident Muhammadu Buhari received the shock of his life last week. As if the anger on the streets was not enough, the president was shocked at the reception he received at the National Assembly where he had gone to present the 2019 budget. The president despite being aware of the prevailing tense situation in the chamber, deliberately provoked the legislators by raising his hands with the 4+4 salutations. From that moment and by that singular act, the president heightened and evoked partisan emotions among those who do not support his four more years agenda. He could have made it through his budget presentation speech without irking the legislators if he had avoided innuendos, gestures of 4+4 and obvious lies deliberately laced in the speech. The president’s prepared budget remarks presented another brand of the propaganda and lies the government has been brandishing in the last three years. He came in on a grandiose of an emperor without remorse and sober for the inflation and unemployment rates; it became more worrisome that the same day the president was presenting his 2019 budget, the National Bureau of Statistics (NBS), released a damning report about the unemployment rate of the nation that has risen to about 21million, woes brought upon the nation by the ineffectiveness of his government to transform the fortune of the nation in the last three and half years of being in the saddle. The president did promise to be better than the previous government, basing his campaigns on the failings of the former government and promising to create jobs and holistically lead the fight to end insecurity and corruption in the land. What did he do with the goodwill and trust he enjoyed as a presidential candidate? He squandered it on the platform of clannishness and bias, shielding members of his party accused of corruption from probe, using the EFCC as an attack dog to hunt political enemies and members of the opposition. The anger and rejection that greeted the president’s budget presentation is a reflection of the unprecedented disunity and division in the country. The lawmakers were not exactly angry as the president presented his uninspiring speech at the NASS; they only looked unsettled, with no pockets of admiration that Buhari
ONCE THE EXECUTIVE RIDES ROUGHLY OVER THE RIGHTS OF THE CITIZENS AND BRINGS HUNGER AND HARDSHIP UPON THEM, IT IS LEFT TO THE REPRESENTATIVES OF THE PEOPLE TO STAND UP AND SPEAK FOR THEM
has always received while presenting his three previous budgets. But the president nonetheless received a scanty applause from members of his party as he read his speech, at least in some form of solidarity. And then the president went on and started reeling out non-existing projects as the achievements of his administration. Boos and hisses ensued, mostly from lawmakers from the areas where the president claimed the projects have been sited. They know the areas more than the president and they know what is and is not in their locality. But the lawmakers’ anger with the president transcended the event at the NASS during the budget presentation. They were visibly angry that the 2018 budget has only been implemented up to less than 18%, which is the cause of the untold hardship and hunger in the land. Instead of the government to be transparent and truthful in its achievements, the president came to the NASS with a catalogue of obvious lies, which infuriated the members to raise their voices against the president’s speech. Once the executive rides roughly over the rights of the citizens and brings hunger and hardship upon them, it is left to the representatives of the people to stand up and speak for them. The lawmakers were also angered by the several blackmails and lies that have been told against them by the president’s aides which are part of the unnecessary propaganda adopted by the APC-led government as instrument for governance. The Minister of Budget and Planning, Udo Udoma had in the past blackmailed the NASS that it delayed the 2018 budget which hindered its implementation. He didn’t apologise to the NASS members despite calls on him to do so. The government in the last three years has shown no regard and respect for any institution or individual. Rough riding over the rights of the legislature has become the attitude of this administration. This too has not gone down well with the legislators who believe the president runs the nation like an emperor. It is expected that the boos and hisses the president received at the NASS last week will bring upon him a moment to soberly reflect on how he has managed the nation in the last three and half years.
FOURYEARS IN THE VALLEY Abamara Nnaemeka and Chinedu Onyeizugbe contend that Atiku and Obi presidency will make a difference
T
he emergence as President of General Muhammadu Buhari (rtd.) was heralded with optimism as a catalyst of the muchtrumpeted change in 2015. Many Nigerians wanted a change of Dr. Goodluck Jonathan’s administration that was tagged as corrupt, and the opposition All Peoples Congress (APC) was seen as the last resort to bring about the change. Unfortunately, since the inception of the APC-controlled government of President Buhari, Nigerians have not experienced any iota of change to justify their mandate entrusted to him as Commander-in-Chief of our dear country.
The Buhari government had made the fight against corruption its topmost priority. But despite the orchestrated propaganda, the fight has been vague. Today, Nigeria is adjudged to be among the most corrupt countries of the world. From our assessment of the current dispensation, we believe that corruption has eaten deeper into the fabric of our society and our national conscience; and to tame this monster we shall be in dire need of true democrats in the persons of Abubakar Atiku and Peter Obi at the helm of affairs. We should not deny that there were attempts by the present government to recover some of our national monetary loot from our past leaders and other political gladiators. However, the APC-controlled government cannot give satisfactory account of what they have done with the recovered funds - in terms of ameliorating the sufferings of the Nigerian masses. The grave situation of the Nigerian economy is highly unprecedented. The economy is in a state of hopelessness, coupled with its attendant inflation. There is complete embezzlement and strangulation of our commonwealth. The pathetic state of our economy had made most Nigerians very vulnerable to poverty. Suffice it to say that about 70% of the Nigerian population is living at poverty level, in a pitiable situation of abject penury. Many Nigerians in urban and rural areas are dying of hunger and starvation. An overview of the Gross Domestic
Product (GDP) shows that the Nigerian economy has been vacillating and chronically unstable - a mono economy in which the country’s budget depends on the bargaining power price of crude oil in the international market. It is also disheartening to note that the Nigerian budget has been stagnated on the national income of 20 USD per barrel, despite that the sale of crude oil appreciated two years back to the tune of 56 USD per barrel. Meanwhile, there have been allegations and counter-allegations of ‘BudgetPadding’ between the executive and legislature. The ripple effect of this magma has since snowballed into high level of unemployment, economic hardship and the inability of the federal and state governments to increase the worker’s minimum wage from a pittance of N18,000 per month to a modest NLC demand for N30,000 per month. The insecurity in the country has been a source of great concern to most Nigerians and the international community. Thousands of people have been killed and billions of naira worth of property destroyed in the North East region by the terrorist religious sect known as Boko Haram. This sect claims to be against western education and civilization. Also alarming is that many dedicated members of the Nigerian Armed Forces are also losing their lives to deliberate acts of omission and commission in logistics and intelligence management. The most gruesome demonstration of religious bigotry and killings in the history of Nigeria has been going on in the middle belt states of Benue and Plateau as well as Taraba. These murderous activities are perpetrated by the Fulani herdsmen against defenseless farmers. In the meantime, the Myetti Allah -- an umbrella organization of Fulani herdsmen, has been declared as one of the deadliest terrorist groups in the world. While their activities go virtually unchallenged, the APC government of Buhari has remained insensitive to the ethnic cleansing against indigenes of those states. In the South East, the situation is one of peaceful protesters being routinely murdered and maimed by government security forces. It is callous and irresponsible for any government anywhere in the world to watch the citizenry being murdered in cold blood, without adopting serious measures to curb the
ugly trend. The ensuing acrimony across the country has brought up the imperative for total national reconciliation and atmosphere of peace and tranquility. And these can only come about if Nigerians massively support the divine mission of Atiku and Obi by voting for them in the 2019 Presidential and general elections. It is also expected that perpetrators of the mayhem of murder and destruction would be brought to book, and lasting solutions established for the recurring ethnic and religious conflicts. Against the background of inept governance of the APC, the time has come for us to take our destinies into our hands and decide who will run our collective affairs. We should no longer watch and criticize corrupt practices and other anomalies of governance by majority of politicians and public officers. We, the Academic Frontier Initiatives (AFI), cannot stay aloof and watch pseudo-political leaders and mediocres to decide our fate and continue to rape our monumental heritage. For instance, the current ASUU strike is a case in point. ASUU is about the only force standing between the political class and the bastardization of tertiary education in Nigeria. Today, the leading universities in Nigeria cannot compete favourably with the best in the world because of inadequate funding, brain-drain and political interference and lack of financial commitment. ASUU has our unalloyed, total support for its on-going efforts to save public universities from total collapse. If we must live and succeed as a nation, we need to be mobilized and motivate the masses to sack the APC government in the 2019 general election through the powers of the ballot. Dear compatriots, we need to retrieve and revive the pride of our nationhood from the entanglement of the APC dictatorial clutches. Providence has given us an alternative PDP mandate in the persons of Abubakar Atiku and Peter Obi to liberate us from these doldrums of economic, political and social coma. Atiku Abubakar, with his wealth of experience as the former Vice President and entrepreneur per excellence, will turn around the economy and political life of this great nation if elected the next President of Nigeria. He is really equipped to lead the most populous African country
to become a major world player. On his part, Peter Obi has been acknowledged within and outside Nigeria as one of the best governors of his time. His achievements as governor are outstanding. Among others, he turned around economic deficit into surplus in Anambra State; he did not borrow any money throughout his eight years in office; he started and completed several capital projects, including roads, schools, hospitals and health centres and equipped them to become functional and serviceable; he paid workers and pensioners as at when due; he did not owe contractors on work done; and left a whopping sum of about N75 billion in Anambra treasury for his successor. This remains a rare political legacy in governance in Nigeria. From the foregoing, the anticipated synergy of these hard working democrats at the helm of affairs will bring about a new Nigeria. They both possess the expertise, experience, commitment and political will to move Nigeria forward. Let us support Atiku and Obi Presidential and Vice-Presidential tickets and nip the impending doom in the bud. Let us emancipate our citizenry from mental slavery, servitude, savagery, ineptitude, impunity and nepotism. Once beaten, twice shy; and let us not be deceived a second time by the APC gadflies. Let us arise from the shackles of our psychopolitical limbo and delusions and do the needful by electing men of honesty and integrity in personalities of Abubakar Atiku and Peter Obi. Dear colleagues in academics, let us go now and mobilise our aggrieved Nigerian youths, sensitize our students and the Nigerian masses at the grassroots on the need to campaign for Atiku and Obi in the forthcoming presidential election. Let us re-orientate and sensitize our people on the importance of picking and being in custody of our PVCs and be ready to cast our votes for the PDP Presidential and VicePresidential candidates. Our votes must sincerely count for a better Nigeria, and our posterity to come. Drs. Onyeizugbe and Nnaemeka are Members of Academic Frontiers Initiative, Anambra State Branch
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EDITORIAL Merry Christmas! Let’s smile because we are stronger than the problems around us
W
e are yet again in the annual season when we joyfully celebrate the birth of the Lord Jesus Christ, the universal symbol of love and goodwill to all men. As we therefore felicitate with Christians all over the world, we remind them of the Christmas message of Pope Francis that a season like this deserves a bit of silence to hear the voice of love. “Christmas decorations are you, when your virtues are colours that adorn your life. The Christmas angels are you, when you sing to the world a message of peace, justice and love. The Christmas bell is you, when you call, gather and seek to unite. You are also a Christmas light when you illuminate with your life the path of others with kindness, patience, joy and generosity”, said the Pontiff. Ordinarily, Christmas is a period that reminds us most urgently of the LET US BE THAT CHRISTMAS ANGEL THAT need to give to those who have SINGS THE MESSAGE less, including OF PEACE, LOVE AND those with whom NATIONAL COHESION we may not share the same religious beliefs. These are the seasonal gifts that help to soften our outlook as we reach across the various artificial divides we have unwittingly created. What Christmas truly demands is for us to help the less fortunate among us, be honest in our dealings with one another and show kindness to people regardless of their race, religion or colour. Beyond the decoration of streets and houses with special festoons and rosettes, exchange of gifts and singing of carols, Christmas is usually a good time to build bridges across differences. The season enjoins us to build an
Letters to the Editor
ethic of human solidarity aimed at promoting the common good and the welfare of fellow men and women. This is a message that will serve our country men and women today. At this Christmas, let us reflect a bit and resolve to support a democratic process that brings out the best candidates, an election process that is free, fair, transparent and peaceful. Let us be that Christmas angel that sings the message of peace, love and national cohesion.
M 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
eanwhile, we should also not forget the spiritual essence of this season. Christmas, after all, is a time of God showing His great love for mankind. It is also a time for healing and renewed strength. God gave us His greatest gift through His Son becoming man and redeeming the world and it was all through His love for us. We need to emulate that love and show it through our actions. We can also use this time to repair broken relationships, heal the wounds with neighbours and those we have wronged and rekindle a new life as we regain hope, laughter and dance. In Nigeria, there is a lot that citizens can draw from this season as we seek to build a better society for ourselves and generations to come. The economy may not be working as it should while politics may be more synonymous with hypocrisy, but we cease to live when we cease to hope. And we cease to hope when we give in to despair. And despair comes when we lose the appetite to smile and laugh even at our problems. As a famous character in the late Prof Chinua Achebe’s novel, “Things Fall Apart” admonished, “Let’s smile not because we don’t have problems but because we are stronger than the problems.” There is no better time than today to put up that lost smile in your face and join the uncountable numbers of people around the world in celebration. To all our readers, Merry Christmas!
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.
BUHARI’S DIRECTIVE ON $100M CONSULTANCY FEES
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oncerns are being raised that President Muhammadu Buhari’s directive for the payment of consultancy fees/judgment debts to contractors and lawyers as they relate to the $350m Paris/London Club refund for states and local governments may be under threat based on the moves by the Nigeria Governors’ Forum to sway the office of the Attorney General and Minister of Justice to unblock some suspicious accounts where the remaining $100m for the settlement of the contractors and consultants have been traced. It is public knowledge that President Buhari has never minced words in reprimanding top government officials on the need to always adhere strictly to his anti-corruption war, yet there are tell-tale signs that some officials flout his directives. To successfully win the war against graft in Nigeria it is important that all stakeholders and indeed all Nigerians join Mr. President in the crusade to eradicate corruption. The president had in his wisdom and based on wise counsel by the Attorney General and Minister of Justice, Abubakar Malami SAN and the Minister of Finance approved the payment of consultancy/legal fees to contractors who carried out some projects in local governments across Nigeria in partnership with the Association of Local Governments of Nigeria (ALGON). It must be noted that the attorney general had discharged
his responsibility by making necessary recommendations to the president, and this necessitated his directive to the Governor of Central Bank of Nigeria to pay the money directly into the bank account of the Nigeria Governors Forum. Now the question is - has the directive been carried out? If not, why? It is pertinent to note that the attorney general had received the approval of Mr. President to supervise the payments. It is expected that every decent society should always live up to its lawful obligations and the President Buhari administration has made adherence to rule of law and due process its focal point. In this regard, there is need to acknowledge the professionalism and good judgment of the attorney general and minister of justice, for authorising payment for two out of the five creditors, yet it is imperative that he goes the whole hog to ensure that the outstanding payment obligation to the remaining contractors/consultants is not jeopardised in any way. Already there is a rumour in town that the $100million had been deposited in various private companies and individual bank accounts. Definitely if this is proven to be true, then the necessary sanctions should be applied to serve as a lesson for others. A situation where the attorney general’s directive as instructed by the president and commander- in- chief is flouted without justification must not be tolerated. It must be put on record that President Buhari is gradually
restoring Nigeria to the path of moral rectitude and it behoves all Nigerians to support him, rather than putting cogs in the wheel of progress. Similarly the NGF must be seen to adhere to the directives of constituted authority and stop working at cross purposes with the policies of the Buhari administration on anti-corruption. It will amount to a travesty of justice if the NGF or anyone for that matter choose to undermine the directive of Mr. President conveyed through the attorney general and minister of justice especially as it relates to the payment of contractors and consultants for the ALGON/local governments projects. On his part the minister should immediately take all necessary steps to ensure that Mr. President’s directive is fully complied with. This he can do by stopping the Economic and Financial Crimes Commission (EFCC) from unblocking the bank accounts where the $100million meant for the payment of outstanding debt obligations to the contractors and consultants have been traced. It must be stated for the umpteenth time that corruption has dealt a debilitating blow to the progress and development of Nigeria, and all hands must now be on deck to ensure that the good work President Buhari has started does not come to nought through the nefarious activities of some unscrupulous individuals and organisations. Boniface Enekwechi, Kwechis19@yahoo.com
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POLITICS CUPP Laments Bleak Christmas Udora Orizu The Coalition of United Political Parties (CUPP), has described the 2018 Yuletide as the most painful for Nigerian citizens. While wishing Nigerians a joyous celebration, National Spokesperson of the coalition, Mr. Ikenga Ugochinyere, however expressed sadness over the economic state of the nation. According to the coalition, “While we are in pains with you as most of our nation’s citizens celebrate this season of joy with empty stomach because of unbearable economic pains inflicted by President Buhari’s incompetence, we urge Nigerians to be steadfast in their mobilization and prayerful as February 16, 2019 is Nigerians date with destiny.” “The cost of transportation has now gone out of control of the ordinary people. In most instances, it has gone up between the 300% - 500%. Staple food items are now
like luxury to Nigerian families. Rice, yam, maize, vegetable oil, tomatoes, and other basic food ingredients are so expensive that many families are in dire straits at the moment, wondering how to survive this season.” The group lamented that Federal Government did not make any attempt to pay its debts to contractors, thereby making it impossible for them to pay staff their December salaries. “The Buhari regime has also found it extremely difficult to source for funds to pay civil servants many of whom do not have any idea of how to survive this season. The regime has made many Nigerians lose faith in the country. Millions of Nigerians cannot buy basic food to eat or are stranded and cannot travel to their villages to be with loved ones because of the high cost of transportation. But we bring them good news punish this administration with your PVC and Alhaji Atiku Abubakar will get Nigeria working again.”
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
AD Presidential Candidate Steps Down for Olawepo-Hashim rAs discussions with 20 political parties climax
Nseobong Okon-Ekong As discussions with over 20 political parties heightened in Abuja and other state capitals over the weekend, the presidential candidate of Alliance for Democracy, AD, Mr. Eniola Ojajuni has stepped down for the presidential candidate of the People’s Trust, PT, Mr. Gbenga Olawepo-Hashim. Ojajuni promised to work assiduously for the success of the PT candidate, while calling on his teeming supporters and party members to rally round Olawepo-Hashim in his quest to become president of Nigeria
in 2019. The AD surrendered his presidential ambition to the People’s Trust (PT) flag bearer after due consultations with the national party leaders of the AD, governorship candidates, House of Assembly, Senate and House of Representative candidates of over 18 states contesting on the same platform and other support groups across the country. Meanwhile, discussions with other political parties have reached an advanced stage nationwide, which is expected to culminate in the collapse of these political structures into Olawepo-Hashim’s People’s Trust.
Admitting that it was a difficult decision, Ojajuni said his love and patriotism for Nigeria was a major consideration to guided him. He thanked all Nigerian youths who supported him from the beginning of the race and vowed to continually fight for a new Nigeria. He specially praised OlawepoHashim for his doggedness, intelligence and capabilities which stands him in good stead to champion the fight for a new Nigeria. He described him as a man of his words, full of passion and intelligence which gives him an
edge over his opponents. He also pleaded with all his supporters across the country and other well-meaning Nigerians that desire a better Nigeria to support and vote massively for Olawepo-Hashim of the People’s Trust. Ojajuni promised to support him all through the campaign until success is accomplished. Mr.Olawepo Hashim, who expressed delight over the development, welcomed the declaration and prayed for a harmonious working relationship with Ojajuni and his team in the quest towards providing a credible leadership in 2019.
Delta Reps Candidate Sues SDP, INEC over Alleged Plots of Substitution Sylvester Idowu The candidate of the Social Democratic Party (SDP) for Warri Federal Constituency in next year’s general elections, Chief Monday Keme, has approached a Warri Federal High Court to seek orders of perpetual injunction to protect his mandate. Keme had raised the alarm over suspected foul play by some leaders of his party to substitute his name with another person who was never part of the party primary, during which he was the lone aspirant and eventually returned unopposed as party candidate. In the matter he instituted at the Warri Federal High Court, with suit number FCH/WR/ CS/119/2018, having the SDP and the Independent National Electoral Commission (INEC) as
the first and second defendants respectively, Keme sought that the court declare him the candidate of the SDP for the Warri Federal Constituency in the 2019 elections. He also sought orders of perpetual injunction to restrain his party, the SDP, from submitting any other name as candidate of the constituency to the INEC and to restrain the INEC from accepting or recognising any other name as candidate of the SDP for the constituency for next year’s elections. The court, has however fixed January 22, 2019, for the hearing of the suit. The writ of summons filed by Keme’s counsels, U.K Gbenebitse, Esq. Of T.C Williams & Co., commanded the defendants to respond to the summons by causing an appearance to be entered in the suit.
APM Leads 60 Political Parties to Adopt Akinlade, Buhari in Ogun State Nseobong Okon-Ekong The Allied People’s Movement (APM) in Ogun state has adopted President Muhammadu Buhari as its presidential candidate for the 2019 elections. Sixty political parties in the state also adopted the APM candidate, Hon. Adekunle Akinlade as their gubernatorial candidate for the 2019 election. The party also formally presented its gubernatorial candidate, Hon. Adekunle Abdulkabir Akinlade and his running mate, Princess Adepeju Adebajo. The event was witnessed by a huge crowd at the Moshood Abiola Stadium even as many groups and associations including the Progressive Obas of Ogun Central Senatorial District, the National Association of Nigerian Student (NANS), National Union of Roads Transport Workers (NURTW),the Association of Commercial Motor Cycle Riders of Nigeria (ACCOMORON), representatives of 60 political parties,
Hausa, Igbo and non-indigene associations took turn to deliver goodwill messages and announced their adoption of Akinlade as their gubernatorial candidate for the 2019 election. Akinlade in his speech expressed joy at the massive turn out for the flag-off and expressed his commitment to continue the Mission to Rebuild Ogun State started by the administration of Senator Ibikunle Amosun. Akinlade said his government will continue the infrastructure development programme of Senator Amosun. He identified what will be priorities of his government to include quality free education, healthcare service delivery, value-chain agriculture, integrated rural development and youth development driven by ICT, skills acquisition and entrepreneurship. Akinlade said a government headed by him and his running mate, Princess Adepeju Adebajo, will ensure even development and unity of all parts of the state.
IN THE SPIRIT OF CHRISTMAS
Christian churches in Abia State recently organised a Christmas Choral Competition at the Jubilee Hall of Mater Dei Catholic Church, Umuahia. The competition featured 12 Choir groups which qualified from across the State. Picture shows Mrs. Priscilla Otti (middle) Special Guest of Honour and wife of Abia State governorship candidate for APGA, Dr. Alex Otti, presenting the prize money of N300,000 and a cup to the choir master of the winning group, St. Lawrence Catholic Church, Umuode Osisioma. Watching, left, is the APGA deputy governorship candidate, Dr. Eme Uche Eme and right, Mr. Tony Onyenweaku (APGA candidate for Ibeku East State House of Assembly)
Ogun SDP Governorship Candidate Promises Chieftaincy Affairs Ministry Femi Ogbonnikan Ogun State governorship candidate of the Social Democratic Party (SDP), Mr. Rotimi Paseda, has pledged to create a separate Ministry of Chieftaincy Affairs from the current Ministry of Local Government and Chieftaincy Affairs in order to accord respect to the traditional institution, if he emerges as the next governor of the state. In an exclusive interview, Paseda said the Ministry of Local Government and
Chieftaincy Affairs will be split. “There will be Ministry of Local Government that will deal with the affairs of local government administration and there will be Ministry of Chieftaincy Affairs. That Ministry of Chieftaincy Affairs will be headed by an Oba, not a civil servant or a technocrat, but it has to be headed either by one of the four Paramount rulers in the state, the Alake of Egbaland or Awujale of Ijebuland or Olu of Ilaro and Paramount ruler of Yewaland
or the Akarigbo of Remo, depending on whosever turn is. “One of them will head of that ministry. In that ministry, you will see but monarchs, apart from the public servants who will be in-charge of the administrative side of things. That is what I am going to do. Matters concerning them will be dealt with, by them and within themselves. What will happen is that, the state will just put a stamp. “When we get that started and we will make a law or
policy or practice in my state and that means we are returning power back to where power belongs. They will be part and parcel of the government, not outsiders that will be used as a willing tool whenever the governor needs to use them,” said the SDP governorship candidate. Paseda said he was working on the premise that when the white men came to Nigeria, they met a functional administrative system presided over by paramount rulers.
Ogun APC Deputy Governor Candidate Solicits Support for Party Segun James The Ogun State deputy governorship candidate for All Progressives Congress (APC), Mrs. Noimot Salako-Oyedele, has solicited the support of her home constituency for the party in the elections. Salako-Oyedele who made the plea when she was received by the people of Ado-Odo/Ota Local Government Area of Ogun state at Ota, she that the APC is determined to be the change that the people have been yearning for.
Salako-Oyedele who is the running mate to Prince Dapo Abiodun, expressed gratitude to her constituency for their support, while also informing them that Abiodun has plans to alleviate the plight of the people of Ogun State in the areas of health, education, pension and economic empowerment. On healthcare, she informed them that their administration will provide free healthcare for children within the ages of 0 and 6 years, while also revamping
existing healthcare facilities and constructing new ones. She also informed the people that an Abiodun led government be introducing free education from for pupils in Primary 1 to JSS 3, while old and dilapidated school structures will be revamped and new ones constructed. Salako-Oyedele also informed them that the APC administration will come to the aid of teachers, who have been clamouring for improved cooperative societies and better working conditions.
“We will help them deliver that,” she said. Concerning pensioners, she said their administration will ensure timely payment of gratuities and pensions. From an economic empowerment perspective, she also informed that their administration will be enabling the women of Ogun State with interest-free, collateral-free loans for micro and small business enterprises in a project that will be tagged Oko’wo Dapo.
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325
Boosting Infrastructural Upgrades in Niger Chiemelie Ezeobi writes on the measures put in place by the Niger State Goverment to secure its place as the power state of the nation by boosting infrastructural upgrades across all sectors
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nown as the state with the largest land mass, Niger State boasts of producing more rice and sugarcane than any other state in Nigeria. The state also boasts of hosting three of Nigeria's hydroelectric dams- Kainji, Jebba any Shiroro, which supplies up to 25 per cent of the nation's power needs. Some of its attractions include the Gurara waterfall, Zuma Rock, Kainji National Park and Borgu Game Reserve. With its population of 3,950,249, earning it the position of the 13th most populous state in Nigeria, the state's mainstay is agriculture with about 75 per cent of adults engaged in it. For the state governor, Alhaji Abubakar Sani Bello, the core thrust of his policies are infrastructural upgrades, agriculture, energy, education and industrialisation. At a recent media parley in Lagos with editors, Bello sought to sell the wonders of the state to potential investors. According to him, from the inception of his administration, he has hit the ground running to turn the face of the state around. According to him, as one who was always anti-government and injustice, even though his father, Colonel Sani Bello (rtd.), was once the miIitary Governor of Kano State, it was a shock for him when he became governor in 2015 on the platform of the All Progressives Congress (APC). Reminiscing, he said one of the major challenges he grappled with was low revenue. He said: "We came in at a time our revenue unfortunately went down completely. Of course the naira was devalued, and everything went haywire. But despite that I thought we shouldn’t complain, we should do our best as much as we can. In public office you shouldn’t expect people to praise you for doing your job. But they can criticise you for not doing your job. “However, there are a lot of fundamentals that need to be addressed and changed, and we recognised that immediately. First of all, we needed to set the foundation, the platform all over again because what most of our parents and grandparents stood for, what they planned over time had degenerated. "We complain about infrastructure but if you go round Nigeria, you will see a lot of infrastructure, but our bad maintenance culture and lack of sustainability means that over time, everything degenerated. Our attitude towards laws and regulations also contributed to the problem." However, despite the teething problems encountered ab initio, he said almost four years down the line, they had succeeded in turning the fortunes of the state around.
Institutional Structures Breaking down his achievements, Bello said in the area of institutions and systems, he paid up local government salaries owed by the previous government, reduced the number of ministries and agencies for efficiency, adopted four focal areas of education, agriculture, economic empowerment and health, cancellation of state sponsorship of pilgrimage starting from next Hajj, cessation in funding for unrealistic projects e.g. Minna City Centre projects, citizens empowerment through the introduction of Nigerlite
designated two secondary schools as centres of excellence in each senatori district, approved for the construction of at least two primary schools that meet UNESCO standard in each local government area, approved foreign scholarship for students with eight distinctions in their exit examinations, purchased Hilux trucks and motorcycles for school supervisors who need to access difficult areas of the state, and also initiated partnership with foreign nations (e.g. Singapore) to help develop core areas of educational infrastructure.
Health Health is wealth and undeniably so. This perhaps buoyed the governor to attract the donation of a hospital in Suleja, which is likely going to be the second largest trauma centre in the North. He also attracted the donation of a Primary Healthcare Centre (PHC) in Minna by PZ Cussons and focused on the provision of efficient primary healthcare which accounts for 80 per cent of the state's healthcare needs, as well as rejuvenated already existing PHCs and ensuring they are adequately manned and stocked.
Powering Energy Biomass Governor Sani Bello
of the month award and coercing contractors to complete projects they abandoned. The governor went further to initiate a major reform in the state’s water sector by resuscitating of abandoned statewide water projects, repaired works at Bosso Water Treatment Plant, sunk industrial level boreholes as a stop-gap measure to serve Bosso community, as well as sunk other boreholes at strategic rural areas in dire need of water.
Diversification Industrialisation
Through
In diversifying the economy through industrialisation, the state has become rich in resources. From land, water resources and raw materials, this administration continues to seek Investments In industries, especially those in areas of manufacturing,
We came in at a time our revenue unfortunately went down completely. Of course the naira was devalued, and everything went haywire. But despite that I thought we shouldn’t complain, we should do our best as much as we can
technology and food processing. The government has also signed a $450 million sugar production project with Dangote Plc to ensure refined sugar and ancillary products are made for local consumption and also for export. The thrust for Industrial growth is to diversify the economy of the state which depends largely on agricultural output.
Agricultural Empowerment Given the huge importance agriculture plays in the drive to diversify the economy, Niger State is determined not to be left behind in the scheme of things. Thus, the state governor engineered a partnership with a foreign investor to create 4,000 jobs from rice production in Borgu and Bida local government areas, directed the government to convene a board meeting of the Badeggi Rice Mill to kick start the process of creating 15,000 jobs from the mill and its value chain, as well as approved the expansion and funding for the Tagwai livestock farm, initiated partnership with Notore and others to create thousands of jobs in agriculture. This administration has made a provision of 230 tractors to farmers for the 2018 farming season and beyond. This is to boost crop yields and ensure enough food and raw materials for industries. The governor has also provided over 30,000 hectares of land as grazing reserve to give boost to pastoral farming, directly boosting yields in livestock for the state and the nation. Also achieved are 17 irrigation schemes have been revived and they envisage that it will provide jobs for 60,000 youths as the irrigation projects can cover 60,000 hectares of Iand, as this boost is coming from the three major and two minor dams in the state.
Educational Infrastructure In this sector, the governor has developed, renovated, equipped and
To power the economic growth of the state, this administration is focused on tapping biomass from sugarcane to serve as fuel for electricity generation. Sugarcane is grown profusely for industrial purposes and would also serve for giving power to the state. Solar arrays are also under focus as a source of clean and steady power for our state. These will complement what is already available from the hydroelectric generating schemes in the state.
Road Networks One of the basic amenities often clamoured for by citizens is good and inter-connecting roads. In fulfilment of this, the governor kickstarted the construction of the Sabon-Gari UK Bello road, which is almost completed, construction of Kuta road, which is ongoing. Others include the construction of Bomas/Obasanjo road, who is already completed, construction of Bosso/Yahaya Bawa Bosso road and construction of Tegina township road, both are ongoing, Already in the works are the approval of the construction of a trailer park in Maje, approval for the continuation of nine-storey five-star hotel, approval for the completion of legislators’ quarters, approval for the completion of the commissioners’ quarters, approval for the completion of the children's wing of the general hospital, reconstruction of houses destroyed by Windstorm in Kuta and reconstruction of bridges destroyed by flood in Bida.
Security Security-wise, the governor has introduced land and air patrol (with other governors) to control the interborder banditry and cattle rustling, eliminated gang fights in Minna, initiated the process to build living quarters for soldiers in Zuma Barracks, ensured prompt and personal visit to any community experiencing a security breach, as well as reactivated strong partnership with the security agencies in the state.
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Emzor's Thanksgiving: Where Science Meets Religion Ojo Maduekwe writes that the Emzor Pharmaceuticals' 14th annual thanksgiving themed 'Sowing Seeds of Gratitude and Preparing for a Harvest of Wellness', underscores the thin line between science and religion
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ith emphasis on road use as a lifelong learning process, the education of children and adolescents as future road users and drivers is important, especially at this time of the year, which is believed to be the busiest, due to the increased number of road users, traveling for the festivity period. On the evening of December 13, Emzor Pharmaceuticals Industries Ltd., one of Nigeria’s grass to grace success stories, celebrated the 14th of its now famous annual thanksgiving dinner, with the theme “Sowing Seeds of Gratitude and Preparing for a Harvest of Wellness�. Ironical right, for a famous pharmaceutical company to be mixing religion with science? Unusual in many parts of the world and unheard of amongst science professors of higher institutions, but not in Nigeria and definitely not amongst those who profess faith in the Christian religion. The story of Emzor Pharmaceuticals, as told by its founder, the company’s Group MD / CEO, Dr. Stella C. Okoli, from a one shop pharmacy to a drugs manufacturer with about 155 and counting distinct medicine brands, is one rooted in sheer hard work, determination, and the “grace of God�. During her welcome address, she described Emzor Pharmaceuticals as “my baby of many years ago". In a voice that reeked of excitement, she told an attentive audience made up of company staff, friends and family and longtime distributors of Emzor that, “for me it is wonderful to see my baby grow to become this big, successful and world class�. It is easy to understand Okoli’s excitement. From a one shop pharmacy, the Emzor Pharmaceuticals Industries Ltd., a brand that the millions of Nigerians that use its variety of products can say is committed to quality healthcare, will in the coming weeks commission its WHO approved drugs manufacturing factory in Sagamu, Ogun State. To a resounding applause, Okoli broke the news to the audience, saying, “After five years of struggling and wanting to build our factory in Sagamu, Ogun State, we will be commissioning our factory.� In her welcome address right after a musical performance and praise worship, she said, “Is there anything better than glorifying God?... Today we come to the
L-R: President, South-east, South-south Professionals, Mr. Emeka Ugwu-Oju; Chairman, Fidelity Bank Plc, Mr. Ernest Ebi; Chairman, Emzor Pharmaceutical Industries Ltd, Mr. Emeka Okoli; Founder/ Group Managing Director, Emzor Pharmaceutical Industries Ltd, Dr. Stella Okoli; Chairman, Coscharis Motors, Dr. Cosmos Maduka and Chairman, JKN Ltd, Dr. John Odeyemi at the just-concluded 14th annual thanksgiving dinner organised by Emzor in Lagos...recently PHOTO: AKINWUNMI IBRAHIM Lord, bow and say we are grateful". Like the overall vision of the company, it is obvious that this annual event to glorify God was one borne from the same stable as she. Speaking with the press, Board Chairman of the company, Mr. Emeka Okoli, said the company’s main goal was wellness for all. “For wellness for all we mean affordable medicines for all. We aim to have more people to be able to afford medicines and reduce the disease burden in Nigeria.� Asked about the company’s plans in reaching a wider audience in its drive to retain its lead, especially the younger generation, he said, “We intend to reach the younger generation by embracing other avenues of advertising such as the social media. The idea is to pass the message that Emzor has been here for years and intend to be around much longer.� According to him, Emzor Pharmaceuticals would be nowhere without the driving vision of its founder. “The MD is the one that pushes us, and her vision is what
drives us as a company. All we try to do is to execute her vision as much as we can, and we all know she’s the main driver. We all work as a team to bring her vision through.� Asked to explain the relationship with a pharmaceutical company and religion, and if he thinks it's unusual and ironical he said, “I don’t think it’s unusual to mix science with religion, in this case Emzor a pharmaceutical company having a thanksgiving event. We all need to give thanks, whether it’s in a religious or normal format. Yes we are a religious people but the main thing is to give thanks, no matter the format it takes.� Several experts in the healthcare industry and the academia will say that, like politics and economy, so is science and religion, and that it’s impossible to detach them. Their argument is that, rather than being opposed to each other, both work hand-inhand in delivering health and wellbeing to those on either side of the divide that believe in them.
To underscore this argument in favour of medicine and religion, was a statement made by Okoli during her address. According to the visionary, Emzor Pharmaceuticals is “blessed with talented staff� but for consistently coming out with products that work, is the grace of God. “We continue to serve God through the provision of quality products,� she said. Held at the Landmark Centre in Victoria Island, Lagos, the event had guests like Mrs. Aisha Muhammadu Buhari, Senator Oluremi Tinubu, Mrs. Bola Obasanjo, Ooni Adeyeye Enitan Ogunwusi, Erelu Abiola Dosumu, Mr. Ernest C. Ebi, Mrs. Bolanle Ambode, Mrs. Pauline Tallen, Dr. Cosmas Maduka, Chief Eric Umeofia, and a host of other dignitaries. While Tallen came in her personal capacity as the chairman of the National Agency for the Control of AIDS (NACA), she was also the representative for the wife of President Buhari. Barrister Mrs. Grace Giwa stood in for Senator Tinubu, and Mrs. Bose Ogundimu for Mrs. Ambode.
Gowon Estate Praise Carnival Set for Boxing Day Sunday Ehigiator
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ith the aim to instill the fear of God through worship in the hearts of the youths, and restore them with a sense of hope and belonging, Successor Generation Community (SGC) of Gowon Estate, will on Wednesday, December 26, which is the International Boxing day, hold a one-day Praise Carnival; themed ‘Excelsia'. The SGC is a talent mining platform that identifies, develops and focuses core competences of community members on plugging emerging strategic talent gaps in the economy. The platform is a pool where smart talented people are matched with economic opportunities to dedicate the affairs of the estate back to God in praise. President of SGC, Mr. Nwoke Christian Lasbery said, “Gowon Estate is highly youth driven and it prides itself of a vibrant youth culture and immense talents. Right here you find amazing football, singing and dancing talents. It is a mixture of the good, bad and ugly around here. Back in the years Gowon Estate used to be the pride of other estates in Lagos, and being situated in Alimosho, the largest local government area in Lagos
state, gave it more credence. "Its glory days are fast ebbing away, because most of what you find now around are brothels where young girls around engage in promiscuity and clubbing, where teens go to drink and smoke." Speaking about Excelsia, Mr. Nwoke said, “It is a GowonEstate Praise Carnival, and an initiative of SGC. When praises go up, God comes down, and the inspiration behind this idea was taken from 2nd Chronicles 17:4. "Excelsia will bring families and youths together every year in an atmosphere of praise and worship. It is a place of total abandon of our differences of what we once were, casting our worries on God and trusting Him to lead and guide us into what He wants us to be as a people. This sounds like a long feat, but the best time to plant that seed and watch it yield awesome fruits is right now. "Excelsia is going to be a GowonEstate’s annual praise and this year is the maiden edition. It is solely sponsored by The Great Commission (TGC) Christian network, an organisation solely dedication to evangelism, soul winning and capacity building. TGC has been immensely supportive of Excelsia and have given of their resources, in cash
and kind in making this happen. "Excelsia 2018 will feature lots of gospel artiste and also feature notable in from and outside the estate; acts like Femi Okunuga, a notable gospel artiste in GowonEstate of the Dominion Cathedral Parish, Redeemed Christian Church of God and, Emeka Benjamin, who is an MC/Choir Director, Christ Embassy Gowon Estate. "The aim of Excelsia is to instill the fear of God through worship in the hearts of the youths, to give the youth a sense of hope and belonging, to curb strife and envy amongst families by bringing them all together in an atmosphere of worship and praise, to raise a standard in the estate where everyone can gather in unison every year to reverence God in worship and in truth." Excelsia 2018 holds on Wednesday, December 26, 2018 in Gowon Estate. Time is 5:00 PM, red carpet starts by 3:00 PM. More information on sponsorship, partnership and advertisement can be gotten from the Excelsia Team Leader on 08067408948, or via email on sgc.gowonestate@gmail.com. Also speaking, President of TGC Christian network, Engr. Andy Ikekhide, said “We are glad to be partnering SGC in this great innovation. As you know, TGC’s core is
evangelism. And with our facilities readily available, we would be partnering SGC to make this dream of repositioning these youths into the society work. "There is going to be a two phase in this event. The first phase is this Praise carnival state. After this phase, the major work begins. The praise carnival is just to draw them closer. It is just to invite them so we can get to interact with them. "Afterwards, we have partnership with other partners that would help us rehabilitate them and equip them with skills especially in this technically driven age. "As earlier said, we would be using TGC facility for the trainings. We have a fully air-conditioned library and cinema, which was built to cater for youths seeking a quiet and conducive place to study and read spirit lifting materials. The library also has digital platforms and can contain over 50 people at a time." He said there are technical trainers on ground ready to sacrifice their time and expertise to train the youth, while those not interested in ICT trainings and coding, would be drafted into other entrepreneurship plans such as tailoring, hair dressing, bead making, etc.
A
25.12.2018
WEEKLY PULL-OUT
2018 IN RETROSPECT
2/DASHBOARD
25.12.2018
Criminal Jurisdiction of the Federal High Court: Exclusivity Of PAGE 4
‘Why 2018 New Wigs will Dominate Legal Practice in less than a Decade’ PAGE 5
‘It would be a Mistake to Make Legal Education an Elite Possibility’ PAGE 6
‘A Lawyer’s Integrity and Reputation, are his Most Precious Assets’ PAGE 6
QUOTABLES ‘....Like the State Ministry of Environment, is not more than a Sanitation Authority, because all the powers we should have, are in the Federal Environmental Protection Agency (FEPA)....The Federal Government gave them the powers. From Section 18-40 of the FEPA Act, is virtually how FEPA monopolises all powers concerning air, water pollution....We cannot keep our arms folded, when the body created by Law, the FEPA, has simply gone to sleep.’ – Late Emmanuel Chinwenwo Aguma, SAN, Immediate Past Attorney-General and Commissioner of Justice, Rivers State ‘I don’t see how assenting to the Electoral Act Amendment Bill, will, in any way, creates any challenges or any problems, because the amendments that were proposed were not such as to affect the preparations that INEC has already made and is still making, for which N143 billion was released to them by the National Assembly.’ – Chief Mike Ozekhome, SAN, Human Rights Activist
COLUMNIST DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances. This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour. The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
/3
Buhari: A Sickening Scorecard
I
wish all of you, my readers, a very Merry Christmas today. I pray that God blesses you all, and meets you at the points of your needs. Amen. Have a joyful, peaceful and restful day.
Niger Delta Pollution I cannot, but, again, comment on the pollution in Rivers State. It is real. Remember that in January this year, I told you about my experience with the black soot in the Governor’s office, last November? In the past couple of weeks, our team was in Port Harcourt to attend the Nigerian Bar Association Section on Legal Practice’s (NBS-SLP) Conference on the 2019 Elections. We also attended the NBA-SLP Annual Conference, which also took place in Port Harcourt, in April. Each time we have gone there, I have returned to Lagos with a terrible cough. After the April trip, my cough lasted for about three months, keeping me awake many nights, because of my incessant hacking. At some point, I became so afraid, thinking that I may have contacted the dreaded tuberculosis, because I was coughing so much, complete with phlegm! I went for various tests, which all came back negative. Since we returned from Port Harcourt about 10 days ago, again, the same fate has befallen me. I have not had one decent night’s sleep, because of constant coughing at night. What has happened to Section 20 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution) which states that “The State shall protect and improve the environment and safeguard the water, air and land, forest and wild life of Nigeria”? Or the various International Conventions and Protocols, which Nigeria is signatory to, like the Convention for Cooperation in the Protection and Development of the Marine and Coastal Environment of the West and Central African Region 1984, among many others? We ourselves, have local laws on environmental protection, and the Federal Environment Protection Agency (FEPA), all for decoration, it seems. As is usual in Nigeria, the laws are there, simply to fill the statute books and nothing more, and FEPA, like most other Nigerian Government institutions, is certainly not playing its role. At the risk of sounding like a broken record, we should be concerned about our brothers and sisters in the Niger Delta, as we are about those in the North East. The Niger Delta environment, is toxic. I am quite sure that, what the oil majors are able to get away with in Nigeria, they would be penalised heavily for, in other civilised oil producing States. For instance, gas flaring which is associated with oil exploration, is a major pollutant of the atmosphere, and some of its resultant effects have been connected with global warming, leukaemia, cancer, birth defects and neurological issues. Our Federal Government, really must rise up and be more up and doing, about pollution and environmental degradation in the Niger Delta, as it falls squarely within
President Muhammadu Buhari
the purview of its instructions and that of its agencies.
2018 WAEC Scorecard As the year 2018 draws to a close, it is once again an appropriate time to examine the scorecard of the Buhari Administration vis a vis the All Progressives Congress (APC)’s Manifesto, upon which the party rode to power in 2015, the main items being security, corruption and the economy. We all know that, we were promised a “change” in our circumstances, for the better I would imagine, not that instead, we would end up having to listen daily, to excuses about why we cannot have those improvements, because of what the People Democratic Party (PDP) did for 16 years! Was that not the reason, why the PDP was voted out in the first place? Did all Nigerians, including the APC, not know that the treasury had been looted terribly? Did the world not know, that the price of oil had plummeted? The APC made all those commitments knowing all this, and Nigerians were made to believe that, things would be made better by them. Alas, we were in for the shock of our lives. A1 & A2 Last year, I likened the Buhari Administration to a student sitting for what used to be the West African Examination Council (WAEC) Ordinary Level examination. I give the Minister of Power an A3, for the good electricity supply within the estate where I reside, but about a C6 generally. It seems that there has been an improvement in the power supply, in most urban areas. In the 2017 examination, I scored the Government an A1 in Tribalism and an A2 in Nepotism and Old boy network. This year, the A2 has improved to an A1, and if there is a grade better than the A1, certainly the Government deserves it for Tribalism – maybe a Distinction. The latest examples are, passing over Mr Matthew Seiyefa, the most senior Director in the DSS who is of Bayelsan extraction, with another Northerner who was brought from outside, to replace the sacked Lawal Daura, as the head of the DSS; and replacing Mrs Kemi Adeosun, the former Finance Minister, who is of Yoruba extraction, with a Northerner. These appoint- ments, which run extremely foul of the provisions of the Constitution concerning federal character and discrimination, certainly improved the Buhari Administration’s grade in Tribalism - from excellent to unbeatable. I am sorry, if some may find my line of discussion distasteful; I am simply stating facts. Credits Agriculture remains a credit, maybe about a C4, while the fight against corruption is a C6 bordering on a P7. Though the EFCC has secured some convictions, including two former Governors, the fight remains selective, as not only do some of the crime fighting agencies themselves require to be purged of their iniquity,
high ranking members of the APC who should have been caught in this war, are walking the streets of Lagos and other places, ‘foot loose and fancy free’, some even dictating who should run for political office and so on. P8 & F9 The fight against insurgency and security have dropped from credits to between P8 (P meaning Pass) and F9 (F meaning Fail); P8 because, though places like Benue State seem to have become somewhat calmer, F9 because places like Kaduna, on the other hand, seem to have taken over from Benue in terms of violence and insecurity. Some weeks ago, I was invited to Kaduna for a book launch. I had been advised that, when I was travelling to Kaduna, I should come on the train from Abuja, as my safety could not be guaranteed, if I decided to make the journey by road. The event was, however, cancelled, due to insecurity and a curfew. Here in Ikoyi, Lagos, a couple of months ago, a friend of mine told me that her house was invaded by burglars/ robbers one night; a friend of a friend was killed by robbers outside his place in Yaba; the sorts of crime one had imagined, did not even happen anymore, with the advent of kidnapping and fraud are rearing their ugly heads again. The North East still remains unstable with Boko Haram attacks, many IDPs have been unable to return home, the Chibok girls are still not all back home, nor is Leah Sharibu, the remaining Dapchi girl, who is still in captivity. Health and Education, are still F9s. In 2018, Ghana allocated 13.7% of its over N5 trillion budget to education, while we allocated about 7% and 3.9% to education and health re- spectively, of our over N8 trillion budget. In monetary terms, we allocated about N340 billion to health, almost N20 billion less than what Nigerians spend on medical tourism abroad annually! The allocations in the 2019 budget, are not any better this time around. We have the highest number of children out of school than we have ever had, and ASUU forges ahead with its incessant strikes. According to the National Bureau of Statistics, the rate of unemployment increased from 3.3 million to 20.9 million in the third quarter of 2018. Can these figures be correct? If they are, they are certainly, alarming. Recently, when President Buhari met with the Governors, he stated that our economy is in bad shape. However, last week, when he was reading the proposed 2019 Budget to the National Assembly, the President was booed by members, when he claimed that the economy had improved. By the way, which of the two statements are Nigerians meant to believe? I think that the average Nigerian, will judge the economy, based on how it has generally impacted on his/her life and standard of living – and since the answer is mostly negatively for the majority, they
President of Ghana, His Excellency, Nana Akufo-Addo
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“THESE APPOINTMENTS, WHICH RUN EXTREMELY FOUL OF THE PROVISIONS OF THE CONSTITUTION CONCERNING FEDERAL CHARACTER AND DISCRIMINATION, CERTAINLY IMPROVED THE BUHARI ADMINISTRATION’S GRADE IN TRIBALISM - FROM EXCELLENT TO UNBEATABLE”
would say that for them, the economy is worse than pre-2015. In fact, in recent times, Nigeria has been described, as the poverty capital of the world. People are starving. The economy seems to be hovering around an F9 too. The rule of law, has also not fared too well in this administration, nor has the relationship between the leadership of the Executive and the Legislature, both levitating between a P8 and an F9. The frosty relationship between these two arms of government, has further hampered governance, talk less of good governance. Repeat? When one fails an examination, the panacea is to repeat it, in order to hopefully get a pass mark, the next time around. In the case of less than adequate governance, the solution for the electorate, would be to vote wisely at the next opportunity, to avoid a reoccurrence. The father of a former Governor, when the people of his State complained that his son had performed very badly during his first term, was reputed to have used the example of the examination, and begged the people to allow his son to repeat and have a second term, so he could right the wrongs. What do you think? P.S. Did Festus Keyamo really say that those in the National Assembly who heckled the President, will never be able to run for the office of President, because they had automatically disqualified themselves by showing contempt for the office? No, it’s probably fake news. He’s a Senior Advocate of Nigeria, I don’t believe that he would say something so ridiculous, which has absolutely no basis in law. Section 137 of the Constitution provides for what disqualifies a person to run for office of the President, and booing/heckling did not make the list! For goodness sake, Theresa May was booed recently by her own Tory Party members, on her plans for Brexit. That is democracy. I believe that President Buhari handled the situation rather well, and accomplished his task of reading the budget. Let’s face the issue of passing a good budget for Nigerians, instead of turning this into another unnecessary national debate.
4/LAW REPORT
25.12.2018
Criminal Jurisdiction of the Federal High Court: Exclusivity Of
T
For the Respondent, it was submitted on the second issue that, evaluation of evidence and ascription of probative value thereto, is the primary duty of a trial Court which has the advantage of seeing and hearing the witnesses testify. Further, findings of fact made by a trial Court and affirmed by the Court of Appeal, would only be interfered with by the Supreme Court, if it is found to be perverse or cannot be supported by evidence, or where the Court overlooked some principles of law or procedure. He argued that, the Prosecution established that the Appellant conferred undue advantage on his son through his company, as there was no advertisement to enable other members of the public put in tenders for the contracts. Also, he posited that, the Appellant couldn’t defend the charge by saying he did not know the company belonged to his son, or that it was the management of the Institute that took the decision.
Facts
he Appellant was the Executive Director and Acting Head of Accounts, of the Lake Chad Research Institute, Maiduguri. It was alleged that he and one Janada Mshelia conspired and, indeed, made false statements to officials of the Central Bank of Nigeria, that some companies were entitled to certain sums, as payment for some capital projects. It was also alleged that, the Appellant conferred an unfair advantage on his relation (his son, Adam Bukar Bababe), and he used his position to confer a corrupt advantage on himself. The Appellant and the Co-accused were charged before the High Court of Borno State, on an eight count charge, under the Corrupts Practices and Other Related Offences Act, 2000. At trial, the Appellant and the Co-accused pleaded not guilty, and at the conclusion of trial, the court found both accused persons guilty of counts 1- 4, while the Appellant was found guilty of counts 5 - 7. He was acquitted and discharged, on count 8. The accused persons were both sentenced to two years imprisonment with an option of N100,000.00 fine in respect of counts 1- 4, while the Appellant was sentenced to five years imprisonment without an option of fine for counts 4 - 7. Dissatisfied, the Appellant appealed to the Court of Appeal. At the Court of Appeal, the Appellant’s conviction and sentence in respect of counts 1, 2, 3, 4 and 7, were set aside. However, Tine Tur, JCA in a dissenting opinion, allowed the appeal in its entirety; His Lordship discharged and acquitted the Appellant, in respect of all the counts. Aggrieved by the decision of the Court of Appeal, the Appellant further appealed to the Supreme Court. Issues for Determination In resolving the appeal, the Supreme Court considered the following Issues: 1. Whether the Court of Appeal had jurisdiction, having regard to the provisions of Section 61 of the Corrupt Practices and Other Related Offences Act, 2000 and Section 251(1)(p) of the Constitution of the Federal Republic of Nigeria, 1999 as amended. 2. Whether the Court of Appeal, rightly affirmed the conviction of the Appellant by the trial Court. Arguments Arguing the first Issue, Counsel for the Appellant stated that, jurisdiction is fundamental to any judicial proceeding, as any step taken without jurisdiction would render the entire proceeding a nullity. He cited the case of MADUKOLU v NKEMDILIM (1962) 2 SCNLR 341. He submitted that, the trial Court lacked jurisdiction to try the case and therefore, the Court of Appeal equally lacked jurisdiction to hear the appeal. He argued that Lake Chad Research Institute is an agency of the Federal Government, while the Appellant is a Public Officer. Also, the case arose from the administration and control of an agency of the Federal Government. He submitted that, by the provisions of Section 251(1)(p) of the Constitution, the only Court with jurisdiction to try the offences is the Federal High Court. He posited that, any other law which purports to vest jurisdiction in any other court offends Section 251(1) (p) of the Constitution, and therefore, null and void to the extent of that inconsistency. He relied on the case of ABIDOYE v FRN (2013) 12 SC (Pt. 1) 99 at 126–127. In response, Counsel for the Respondent argued that, the Appellant was rightly charged and convicted under the Corrupts Practices and Other Related Offences Act, 2000 (the Act), and that the Supreme Court in the case of EHINDERO v FRN (2014) Vol. 2 ICPCLR 39 held that, the Act was validly enacted by the National Assembly. Further, Counsel referred to Section 61(3) of the Act and submitted that, it is the intention of the National Assembly that offences created under the Act shall be tried by the State High Court and the High Court of the Federal Capital Territory. He also referred to Section 251(3) of the Constitution and submitted that, there is no mention of exclusive jurisdiction of the Federal High Court in the sub-section. In respect of the second issue, Appellant submitted that, by the provisions of Section 135(1) of the Evidence Act, the standard of proof in criminal cases, is proof beyond reasonable doubt. He referred to the case of ONONUJU v THE STATE (2014) 8 NWLR (Pt. 1409) 111 at 137 and submitted further that, where the Prosecution fails to prove an essential element of an offence, its case must fail, and a conviction based thereon would be set aside. He argued that, the Prosecution failed to establish the fact that, Adam Bukar Bababe was the Appellant’s son. Also, he argued that, the Prosecution failed to dislodge the evidence that the decision to contact the company allegedly owned by the Appellant’s son, was made at a management meeting; that the Appellant gave his approv-
Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 13th day of July, 2018 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Kudirat Motonmori Olatokunbo Kekere-Ekun Amiru Sanusi Sidi Dauda Bage Justices, Supreme Court SC.883/2016
Prof. Bukar Bababe
Between .......................
Appellants
and Federal Republic of Nigeria ............ Respondent (Lead Judgement delivered by Hon. Kudirat Motonmori Olatokunbo Kekere-Ekun, JSC) al based on the recommendation at the meeting, and that the Appellant did not know that the company belonged to his son at the time the contract was approved. Further, Counsel argued that upon incorporation, a company becomes separate and distinct from its members; relying on the provisions of Section 37 of the CAMA and the case of AIB v LEE & TEE IND. LTD. (2003) 7 NWLR (Pt. 819) 366 at 395 B–C. He argued further that, the Prosecution failed to tender the incorporation document of the company awarded the contract, to show it belongs to the Appellant’s son, and that failure to prove the essential elements of an offence, must lead to an acquittal.
“THUS, BY SECTION 251(3) OF THE CONSTITUTION, ALTHOUGH THE FEDERAL HIGH COURT HAS JURISDICTION TO ADJUDICATE ON CRIMINAL MATTERS IN RESPECT OF WHICH JURISDICTION HAS BEEN CONFERRED BY SECTION 251(1) OF THE CONSTITUTION, THE CRIMINAL JURISDICTION SO CONFERRED, IS NOT EXCLUSIVE”
Court’s Judgement and Rationale Determining the first issue, the Apex Court opined that, the jurisdiction of a Court to exercise its adjudicatory powers in any cause or matter is determined and circumscribed by the law establishing it. Section 251(1) of the Constitution provides for the exclusive jurisdiction of the Federal High Court in respective of civil causes listed in Sub-sections (a) to (r). The mere fact that an agency of the Federal Government is involved in a proceeding, is not sufficient to confer exclusive jurisdiction on the Federal High Court - OHAKIM v AGBASO (2010) 19 NWLR (Pt. 1226) 172-237, G-D. Their Lordships stated that the National Assembly made a distinction between the civil and criminal jurisdiction of the Federal High Court. Section 251(1)(s) empowers the National Assembly to confer such other civil or criminal jurisdiction on the Court, which may or may not be to the exclusion of any other Court. Thus, by Section 251(3) of the Constitution, although the Federal High Court has jurisdiction to adjudicate on criminal matters in respect of which jurisdiction has been conferred by Section 251(1) of the Constitution, the criminal jurisdiction so conferred, is not exclusive. Also, by Sections 26(2) and 61(3) of the Corrupt Practices and Other Related Offences Act, it is the High Court of a State and the Federal Capital Territory, that has jurisdiction to entertain criminal charges brought under the Act. The Supreme Court concluded that, the charges were properly brought before the High Court of Borno State. Deciding the second issue, the Apex Court held that, in order to secure a conviction in criminal proceedings, the Prosecution has the burden of establishing the guilt of the accused person beyond reasonable doubt. The Prosecution must prove all the essential elements of the offence, with which an accused person is charged - ALOR v THE STATE (1997) 4 NWLR (Pt. 501) 511. The elements of the offence with which the Appellant was charged, were that: the Appellant is a Pubic Officer and that he used his position to confer unfair advantage on himself or his relation. In respect of the first element, the Court held that, the finding of the trial Judge that the Appellant is a Public Officer has not been appealed, and it remains binding on the parties. With regard to the second ingredient, Their Lordships held that, a Limited Liability Company is a distinct legal personality which is capable of suing and being sued in its corporate name. From the evidence before the trial Court, the contracts were entered into by Lake Chad Institute and Cyber Technology Nig. Ltd., and not between the Institute and Adam Bukar Bababe. The Prosecution failed to adduce evidence, to show that Adam Bakar Bababe is the alter ego of Cyber Tech. Nig. Ltd. It followed that, the analysis carried out by the trial Judge was an investigative exercise in the recess of his chambers, which he did not have authority to embark on. More so, the trial Court wrongly placed the burden to prove his innocence on the Appellant, in contravention of the applicable law. Based on the foregoing, the Supreme Court concluded that, the Prosecution failed to discharge the burden of proving the guilt of the Appellant beyond reasonable doubt. Accordingly, the Court set aside the conviction and sentence of the Appellant in respect of counts 5 and 6 of the Charge. Appeal Succeeds in Part; Appellant Discharged and Acquitted. Representation: Hassan M. Liman, SAN with Ibrahim K. Bawa, SAN; M.B. Usman, Esq.; Y.D. Dangana, Esq and A.T. Hassan, Esq. for the Appellant S.O. Igbudu Esq. with L.O. Chima, Esq.; O.G. Iwuagwu Esq.; Z. S. Nass Esq. and E.K. Agbaili Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
25.12.2018
NEWS/5
CHAIRMAN'S DINNER
NBA VISIT
L-R: Partner, Bamwo & lghodalo, Mrs. Abimbola Akeredolu; Chairman, Board of Directors, Lagos Chamber International Arbitration Centre (LACIAC), Mr. Tunde Fagbohunlu, SAN, Deputy President, LACIAC, Mrs. Toki Mabogunje, Partner TNP/Director, LACIAC, Mr. Babajimi Ayorinde and CEO, LACIAC, Mrs. Funmi lyayi at the LACIAC's Chairman's dinner in Lagos...recently Photo: Abiodun Ajalai
L-R: Former Chairmenn, Ikeja NBA, Mr. Yinka Farounbi, Mr. Monday Ubani, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, SAN, Chairman, NBA Ikeja, Mr. Dele Oloke and former Chairman, NBA Ikeja, Mr. Adeshina Ogunlana, during the visit of Mr. Kazeem, SAN, as the official Bar leader in Lagos State to the Bar Association, Ikeja Branch, to further promote a synergy between the Association
‘Why 2018 New Wigs will Dominate Legal Practice in less than a Decade’ Stories by Akinwale Akintunde The Managing Director of LawPavalion, Mr. Ope Olugasa, has said that, the 2018 new wigs will dominate the Nigeria legal practice in less than a decade. Olugasa said that it's been widely acknowledged, that one of the greatest sets of legal practitioners in Nigeria history come from the Law School Classes of 1978 and 1988, adding that this because "these Law School Classes appear to have produced the most (quality and quantity) top Judges, Lawyers, Governors, Senators, Billionaire Business Men, Attorneys-General, amongst other great and trail blazing individuals, of all sets before or after them". "Whilst the point is indeed, arguable, it is very likely that if these Classes are compared to the
preceding sets or even the sets before them, we might find that man for man (this includes women but, as we all know, there are no women at the Bar) the Classes of 78 and 88 might just confirm this controversial assertion", he said. LawPavilion MD, said his asertion was based on the fact that for the very first time in Nigeria’s history, the country will be calling to its Bar, its first set of Artificial Intelligence (AI) enhanced Lawyers. "When I say the Law School Class of 2018 might just surpass the greatness of the 78 and 88 Classes, and not just that, I believe the set of 2018 will achieve the primus inter paves status in less than 10 years (It took the 78 and 88 Classes more than 20 years to achieve their mythical status). I must have a
pretty good reason for saying this. "My reasons will surprise many, but for the discerning few, it will make a lot of sense. I make this assertion, based on the fact that for the very first time in Nigeria’s history, the country will be calling to its Bar, its first set of Artificial Intelligence (AI) enhanced Lawyers. "Some of you thought that I was going to say that my assertion is due to the fact that this set has the largest number of 1st Class Lawyers to be called to the Bar, but to be honest, a 1st Class is not an accurate measure of personal greatness, if you doubt me, just ask any Lawyer what the call to Bar grades of Gani Fawehinmi, SAN was, and you will quickly understand my point", he explained.
Olugasa further explained that, when he was called to the Bar in the year 2000 (the Millennial set), he walked out of the Abuja Law School Auditorium with a little bit of confidence, he had interned in the one of the top High Street Law Firms in Lagos, having already had a good idea of just how confusing actual practice would be for a lot of his colleagues who had not yet had the privilege of setting foot in a Law Firm. "To put this into finer detail, let’s examine some of the top skill requirements that law Firms seek in New Wigs: Commercial Awareness (Possession of knowledge of current developments in local, national and world business, particularly in issues that may impact a law firm and its clients); Com-
munication (Strong oral and written communications skills); Attention to detail (A sharp eye for accuracy, especially with regard to clauses in contracts and the use of grammar); Time Management (Multi-Tasking, managing competing briefs and delivering qualitative results every time); Academic Ability (The intellectual demands of the legal profession are intense and extensive); Resilience & Self Confidence (Managing difficult situations, mental toughness) and Research and Analysis (The ability to read and comprehend large amounts of information, facts and figures whilst making intelligent connections between different types of data). "These seven skill sets are globally agreed to make out an exceptional legal career, and in 1978 and 1988, a larger number
than usual of the new wigs that got called to the Bar, excelled in these skill sets. "Please note that, I have taken other factors like Family connections, wealth and influence, and good old fashioned luck into consideration, but you will agree with me that these outside factors add to these seven skill sets, to create a successful Lawyer, and also without these seven skill sets, the outside factors are usually not sustainable. "So now ask yourself, the New Wigs of 2018 will be marching into Law firms, Legal Departments and Public Institutions all over the country and the World, with AI powered tools in their mobile phones; do you think they will surpass the Class of 78 and 88?", he asked.
NBA, Legal Disciplinary C’ttee Petitioned to Sanction Lawyer Defending Nigerian Army Maj-Gen. Ijeoma N. Ijeoma, one of the 38 senior officers contesting unjust retirement in 2016, has asked the Nigerian Bar Association (NBA) and Legal Practitioners Disciplinary Committee to sanction Mr. Michael Owolabi, the Defence Lawyer in the case he instituted against the Nigerian Army. In a petition dated December 3, 2018, addressed to the two legal institutions, the aggrieved senior officer accused Owolabi of deliberately constituting a clog in the wheel of justice, through some unprofessional antics and delay tactics in the suit. According to the Petitioner, except strong disciplinary action is taken against the counsel, Owolabi, for this unprofessional and unethical action, he may be setting a very dangerous trend for legal practitioners and litigants, who will resort to this sort of tactics once they perceive that a case is going against them. Gen. Ijeoma listed instances, where the Nigerian Army Defence Counsel had in the last two years, adopted several measures to deny him of justice.
"There was a sudden twist in the case involving the “Claimant in Suit No. NICN/ ABJ/262/2016, between Major General Ijeoma Nwokoro Ijeoma v Nigerian Army, Minister of Defence, Chief of Defence Staff & Chief of Army Staff, before his Lordship Hon. Justice E. N. Agbakoba, of the NICN No. 2, Abuja Division”, on November 19, 2018, being the date fixed by the trial Judge for delivery of final judgement, when Owolabi tabled a petition dated October 30, accusing the trial Judge of bias. Ijeoma regretted that the letter from Owolabi on the day of judgement, alleging bias against the person of Justice Agbakoba, which was “forwarded to the President of the National Industrial Court of Nigeria, on October 31, 2018 and in a rather commanding and arrogant tone, urged his Lordship to recuse herself from the case” ended up scuttling the judgement. “Though my counsel had argued otherwise, giving copious reasons why the Petition,
which was only brought to his knowledge some minutes before resumption of sitting for the day should be discountenanced, including the fact that the President of the Industrial Court to whom the said Petition was addressed and served since October 31, 2018, had not issued any directive on it, such as would prevent his Lordship from proceeding with the case, his argument never saw the light of day, as his Lordship decided to adjourn sine die, for reasons earlier stated”, he argued. The letter read in part: The said suit was instituted at my instance by the law firm of Mike Ozekhome’s Chambers on July 15, 2016, vide an Originating Summons, following my compulsory retirement, along with several other military personnel, from the services of the Nigerian Army, vide letter dated June 9, 2016. As at the time the suit was filed, I had about three years left before my retirement date, after serving the Nigerian Army and the nation meritoriously for 32 years, 11
months and 5 days, as at the date of my compulsory retirement. “Now, due to the several unprofessional and unethical method employed by the counsel to the 1st and 4th Defendant, I have barely eight months left of service, and this entire period may lapse without the case being decided, going by the present course adopted by the said counsel. “Permit me to say that, the approach of the Respondent herein and his confrontational attitude, even toward the person of the trial Judge, from the time he announced appearance in the suit, is to say the least, one unbecoming of a legal practitioner. The latest is the Petition dated October 30, 2018, alleging bias against the person of his Lordship, amongst other allegations. “Except strong disciplinary action is taken against the counsel to the 1st and 4th Defendants for this unprofessional and unethical action, I am afraid this may set a very dangerous trend for legal practitioners and litigants who will resort to this sort of tactics,
once they perceive that a case is going against them. “The dangerous signal such a decision has set, is that once a Defendant finds that he is losing out on a case, all he needs to do is to allege bias against the person of the trial Judge and have the matter transferred to another Judge, for it to start de novo. This will be a travesty of justice and the implication of this on matters pending before the court, is that they are left to the whims and caprices of the party who feels he is losing out on a case. “Sir, the most worrisome aspect of the Petition, is that same was written, addressed and served, while the appeal processes initiated by the same counsel to the 1st and 4th Defendant was pending. The record of appeal has been compiled and transmitted, with appeal number CA/A/980/2018, between The Nigerian Army & 1 Or and Maj. Gen, Ijeoma Nwokoro Ijeoma. “To allow the actions of the 1st and 4th Defendant stall proceedings in this suit, is to allow him to benefit from his own wrong,
aside the dangerous precedent this would have set in our legal jurisprudence. “I state here Sir, with all sense of responsibility, that this is a clear case of man’s inhumanity to man, using the judicial process to frustrate the course of justice. "Since I obtained a copy of the Petition written by counsel to the 1st and 4th Defendant, I have taken time out to peruse the Rules of Professional Conduct for Legal Practitioners, and I dare say, I find no place for the type of underhand tactics employed by the counsel, herein. Not even his claim to have been so instructed to write the Petition, by his Client. A Lawyer by the Rules, is enjoined to foster the course of justice and not to truncate same, as counsel has done in the circumstances leading to this Petition. “I dare say, counsel has connived and colluded with his clients, to both subvert and frustrate the course of justice”, he stated.
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25.12.2018
‘It would be a Mistake to Make Legal Education an Elite Possibility’ Hogan Lovells counsel, Thomas Kendra, focuses on commercial and investment arbitration and mediation under the rules of the ICC, LCIA, ICSID and UNCITRAL. Kendra’s knowledge and skills are focused on the energy, aerospace, technology, construction and telecommunications sectors, as well as in investment arbitration, in which he has acted for both States and investors. He is dual-qualified in England and France. He shares his thoughts with Akinwale Akintunde on Legal Education and how it can be improved in Nigeria. Thomas Kendra
What defines legal education? Legal education can take many forms. For example, from my experience working in both civil law and common law countries (I am a qualified Lawyer in England and in France), Lawyers will typically have differing areas of strength, based on their respective trainings. Civil Lawyers usually undergo a longer period of legal studies, often five years or more, and therefore, tend to be stronger on the theoretical aspects. Common Lawyers tend to have a background with less legal study – it is possible to qualify as a Lawyer in the UK, by studying another subject and 'converting' these studies in a couple of years – but, instead receive on-the-job training that focuses on practical experience. I can really see these traits in the younger Lawyers with whom I work. All of these aspects are important to legal education, which should ideally consist of both understanding the core elements of the law, knowing how to apply them to a particular set of facts, and being able to communicate them in a user-friendly manner. Looking into the future of legal education, how is business and technological training going to enhance the practice? It’s affecting it already. I like to think of myself as not too old, but I remember using fax machines, few emails being sent, and computers being down for hours, because technology was still in its early stages. Obviously, that has massively changed. Now, things like artificial intelligence are having a bigger and bigger impact, because they can analyse large volumes of documents effectively. Personally, I am not convinced they will ever fully replace Lawyers, because I hope final judicial decisions will ultimately always be made by humans, at least for a long time into the future; that way, justice will still be an ultimately human element, but that doesn’t mean we can’t harness artificial intelligence. Due to the falling standard of legal education
in Nigeria, there is a clamour for reforms in legal education. In your opinion, what should be the main focus of this reform, and how will it upscale the standard of legal education in Nigeria? First of all, it’s important to have the right teachers. Also, maybe now is a good time to focus more on the younger generation. That’s where we will get people who possess technology know-how. Nigeria has a more common law system, which leans more towards the English system. I believe we shouldn’t stray too far from the law, at the end of the day it helps to have a grounded basis in law. Keep the law element strong or strengthen it to the extent necessary, and at the same time modernise it, update it, add some practical training, and some technical elements. What are some of the key roles technological training can play in the future of legal education? Things like artificial intelligence and using online databases, harnessing technology to look for information and documents, is very useful in what we do. It’s getting more useful, as technology gets better. So when you’ve got a lot of documents to review, the technology is now becoming good enough that you can put all those documents into a database and then literally search by word. However, if you’re not trained on how to do that, if you don’t know how to harness that technology, it’s of pretty limited use. There’s also another aspect, which is the gender gap in the use of technology. Enabling more women and men to access technology and learn how to use it, will ensure that they are at a level playing field in the work force. I think this is key, in modernising and increasing diversity in the profession. Many people go into Law School with noble intentions. Did the reality of law practice match your earlier expectations of what to
expect from the practice of law? I come from a small city, in the North of England. I decided to study law because, for my very first work experience as a teenager, I was lucky enough to work in a High Street firm, in the centre of town. There, I was confronted with real people facing real problems, and witnessed first-hand how they needed to use the law to solve those problems, and they therefore, needed the Lawyer to help them with this. I learned that it was important to make sure to secure the right skills, in order to tackle a specific issue. The practice of law involves getting to the core of a problem, and using that skill to help. Later, as I found certain parts of the law more interesting than others, I became much more specialised- specialising in International Arbitration, a way of resolving business disputes that is on the increase in Nigeria, and throughout Africa. I had not foreseen how much specialisation could play a role in my career, as I am much more specialised than most people I saw working in those days. What has been your greatest challenge practicing law? I carry out a lot of oral advocacy in international arbitration hearings, and in particular, cross-examination of witnesses. In situations where a State is involved as a party, these can be very prestigious hearings. For instance, I remember one of my first cross-examinations at the World Bank in Washington. There were a lot of people from different parts of the world, present. It was a very thorough process, as everything you say is being translated and transcribed, and you’re working with headphones and various equipments. It's almost like speaking before the United Nations, with the added difficulty that you never know what the witness will answer, so you have to be ready for everything and you need to react quickly. What recommendations can you give the stakeholders/Government to help improve the
legal educational system in Nigeria? It might take a lot of investment, as this is a tricky issue. Inclusivity, is important. I think it would be a mistake, to make legal education just an elite possibility. We need to encourage people of different backgrounds, to come into the legal system, because that’s the only way the law can develop. I think it’s also necessary for every member of the society to understand the law, as that’s one of the most important areas of education. If you neglect a part of the society, then people will not trust the legal system. Energy is also important. Paying attention to the law and making sure curricula are renewed regularly by the government, especially now that technology is moving so fast, is important. Finally, don't neglect technology. I think the possibility of bringing technology into the legal education sphere, should be explored to improve ease of business, and now is probably a good time to start. What advice do you have for budding legal professionals? Well, firstly, work hard. I think it’s very difficult to succeed in this trade, without working and studying hard, and at least you will do yourself justice this way. Secondly, we talked about specialisation earlier, and how I have become specialised in international arbitration. However, I would say do not specialise too early. Be adaptable, as you might not know where an opportunity is going to spring up. You do need to show your interest in the areas that you prefer, but, at the same time do not be closed to other areas. Be versatile. Thirdly, don’t give up. I see that every day, in various spheres of life, people react to failure in a certain way. In the legal sphere, you have to keep going. You might lose a case, you might lose a client, but the main thing is to come back for more, and learn new lessons each time.
Legal Personality of the Week Ohunyon Onohiyede
‘A Lawyer’s Integrity and Reputation, are his Most Precious Assets’ My name is Ohunyon Onohiyede. I obtained LLB from Ambrose Alli University, Ekpoma, Edo State and BL at Nigerian Law School, Abuja Campus. I am the Principal Counsel, PHIUBAYON & Co, Lagos, a full-fledged firm of legal practitioners, with specialisation in general commercial practice, property law, company secretarial services, ADR and litigation. I worked with the Nigeria Police Academy, Legal Department, Kano State from July, 2004 to August, 2005 for my NYSC. Thereafter, I joined F. O. Ebadan & Co, Edo State in 2007, where I worked till Feburary, 2009. I later worked in the firm of Wale Ogunade & Co, Lagos, from March, 2009 until April, 2010, and on to Femi & Femi, Lagos until April, 2012. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? As a Lawyer, challenges are part of the experience that come in the course of our job. Every assignment is peculiar, and you have to apply your accumulated knowledge, experience and insights gained in school and in the course of practice, and from our general experience of life. No two situations are exactly the same, and our abilities to appreciate the issues in a client’s case and proffer appropriate and satisfactory solution, is one of the traits of a good Lawyer.
as a Lawyer? The first day I appeared in court. I was given two case files, on Land and Probate matters respectively. In the probate matter, the opposing counsel was a senior who attempted to capitalise on my supposed inexperience, when he knew my Principal would not be in court. He came to court with big books, and we had a heated exchange in arguing our positions before the court, at the end of which the court agreed with my “humble position”. I was so elated with the feat, especially as fellow colleagues present in court that day praised me and encouraged me to keep it up.
Ohunyon Onohiyede
What was your worst day as a Lawyer? It was a day in 2014, when a Magistrate Court awarded a post judgement cost of N500,000 against me, in a tenancy matter. Apart from the cost being outrageous, it was also seemingly illogical and unjustifiable, in the circumstance of the case. We, accordingly, had to appeal the decision and had it reviewed. What was your most memorable experience
Who has been most influential in your life? Of course, my late father, Chief. Philip Ohunyon. He was a pillar of strength, and a symbol of courage. He taught me so many things, especially the value of hard work and living a life of integrity. He made realise that we are better off by cooperating with others, rather than being in competition with them. Why did you become a Lawyer? I hate injustice in any form, and I have always fought for those people who are oppressed. I see my calling as a Lawyer, as an extension of my mission to make the world a better and fairer place for all. My father would always tell us that, “we owe it as a duty to God to
use our gifts and calling to serve humanity”, and that singular advice had guided me in my professional career as a Lawyer. What would be your advice to anyone wanting a career in law? To anyone aspiring to be a Lawyer, my honest advice for them, is to be prepared for a life of hard work. The Lawyer’s calling, is one of utmost devotion to work and client’s issues. Working hard gives one a life of purpose, and the reward will eventually come. In addition, a Lawyer must not compromise on his integrity, and must jealously guard his reputation as his most precious asset. If you had not become a Lawyer, what other career would you have chosen? I have a passion for business, and my alternative career choice would have been to be in big time business. I am also of the firm opinion that the restriction on Lawyers doing business in the Rules of Professional Conduct for Legal Practitioners (RPC), be relaxed to allow those with entrepreneurial flairs to exercise them, and increase their stream of income. Where do you see yourself in ten years? Hopefully, I will have become a more refined and seasoned legal practitioner, and by the grace of God, I want to be on the Bench.
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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D
SMS only to 08098898888
Elevated Judges and Part Heard Matters (Part 4)
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exercised inconsistent with the Constitution. Where it is so exercised, it is invalid to the extent of such inconsistency. (2) Where the Constitution has enacted exhaustively in respect of any such situation, conduct or subject, a body that claims to legislate in addition to what the Constitution has omitted, must show that it has derived the legislative power accordingly to do so from the Constitution. (3) Where the Constitution sets the condition for doing a thing, no legislation of the National Assembly or of a State House of Assembly can alter those conditions in any way, different or indirectly, unless the Constitution itself as an attitude of the supremacy, expressly so authorises. The Constitution is Nigeria’s supreme law and binds all authorities, bodies, persons and institutions in Nigeria: FRN v OSAHON & ORS (2006) LPELR 3174 (SC); SARAKI v FRN (2006) LPELR 40013 (SC); OCHALA v FRN (2003) LPELR (CA). It is respectfully submitted, therefore, that since there cannot be two Emirs, Ezes, or Obas simultaneously occupying one Palace at the same time, the ACJA, an inferior Act of Parliament, cannot be simultaneously tolerated or accommodated in the same hallowed pantheon of the Constitution. Its provisions in Section 396 (7), which purport to allow an elevated Judge to continue to hear part heard matters before the lower Court, therefore constitute a constitutional aberration, and are therefore, void to the extent of their inconsistency with the Constitution and judicial pronouncements by superior courts, which forbid same.
Preamble
ur series on the above explosive legal topic which we started three weeks ago, has taken three tranches. We have, so far, been able to vigorously demonstrate, the unconstitutionality of the act of an elevated Judge continuing with part heard matters at the lower court, which he was handling before his elevation.
Further Precedents on the Unconstitutionality of Elevated Judges still Handling their Matters at the Lower Bench In our discourse last week, we had referred to some decisions of superior courts in Nigeria, which support my humble position that a Judge, once elevated to a higher Bench, ceases to have jurisdiction to preside over matters at a lower Bench. Such step, in my humble opinion, amounts to such a Judge, unwittingly demoting himself. He would be subjecting his judgement to the clear and present danger of being overturned by his peers with whom he had been elevated, but who remained at their duty posts. Happily, decisions of the Apex Court, have saved such Judges this unnecessarily ACJA – imposed ordeal, by declaring such a “double portion”, or “dual citizenship” position, as legally untenable. Thus, the Supreme Court, in the more recent case of OURLINE LTD v SCC NIG. LTD v UNIVERSAL INSURANCE LTD, (2009) 17 NWLR (Part 1170) 382 (SC), held that Part 303 of the Nigerian Weekly Law Reports (NWLR) of 20/9/93, showed that Justices Iguh and Adio had been elevated to the Supreme Court and duly sworn in on 13/9/93. This, held the Apex Court, made Iguh to cease to have jurisdiction over a pending part heard matter which he had been handling as a Judge (Chief Judge) of the Anambra State Judiciary, before his elevation to the Supreme Court. With great lucidity, clarity and uncommon vehemence, the Apex Court in this appeal, laid to rest, the vexed question of the brazen unconstitutionality of an elevated Judge, still trying part heard matters in the court below, from which court he had been elevated. It finalised this issue as follows: “By virtue of the provision of Section 254 (1) of the 1979 Constitution, a person appointed to the office of Justice of the Supreme Court of Nigeria, can only function in that office if he subscribes to the oath of allegiance and the judicial oath. Two things clearly emerge from the simple meaning of Section 254 (1) of the 1979 Constitution. These are: (a) appointment of a person to a judicial office; and (b) performance of the functions of the judicial office to which the person is so appointed. It is therefore obvious that, a person must first be appointed to a judicial office before he can subscribe to the office. The subscription of the person so appointed to the oaths of allegiance and office, is the condition precedent to his performing the functions assigned to the judicial office to which he has been appointed. It also follows therefore, that, a person appointed to a judicial office who has not subscribed to the oaths of allegiance and office remains an appointee to that office, but is incapable of functioning in the said office until duly sworn into office. The moment he subscribes to the oaths of allegiance and office, he becomes capable of functioning in that office. The fact that he has not been sworn into office, does not mean that he has not been appointed to that office. This, of course, means that the exercise of the act of the appointment itself, is entirely different from the requirement of taking oath before assuming office or performing the functions of the office. In the instant case, the issue was not the jurisdiction of the trial Chief Judge to function in his capacity as a Judge of the Supreme Court, which by the clear provision of Section 254(1) of the 1979 Constitution, could only be invoked after he had been sworn into that office, but the jurisdiction of the learned trial Chief Judge to continue to function in the office of a trial Judge on the Anambra State High Court Bench after the date of his appointment as a Justice of the Supreme Court of Nigeria, though yet to be sworn into that office. By the fact of the appointment of the learned trial Chief Judge as a Justice of the Supreme Court of Nigeria, he ceased to be a trial Judge and took on the robes of a Justice of the Supreme Court, irrespec-
President,Court of Appeal, Hon. Justice Zainab Bulkachuwa
tive of the fact that he was yet to be sworn in since swearing in remains relevant only to his assumption of office of Justice of the Supreme Court of Nigeria. In other words, the appointment of the learned trial Chief Judge on or about 3rd June, 1993, a Justice of the Supreme Court, he had ceased to be the Chief Judge of Anambra State by that appointment, and therefore, deprived of the jurisdiction to conclude the hearing and ultimate determination of the Appellant’s case before him, as he did in his judgement of 20th July, 1993, which the Court of Appeal rightly declared a nullity, for having been given without jurisdiction. (Ogbunyia v Okudo (1979) All NLR 105 referred to) (Pp 406, paras E – G: 407, paras F – G: 414 – 415, paras E- E).” This pronouncement is self-evident, and requires no further clarification. The Doctrine of Covering the Field The doctrine of “covering the field”, surely applies to the peculiar circumstances of this subject-matter. The Constitution, having taken care of the hierarchy of courts, the ACJA cannot make incursions into the same area. This doctrine has been ably espoused by the Supreme Court in the case of LAGOS STATE v EKO HOTELS LTD & ANOR (2017) LPELR-43713(SC). The doctrine of covering the field, was also given judicial imprimatur by the Apex Court in INEC v MUSA (2003) 3 NWLR (Part 806) 72, where the court, in striking down INEC’S guidelines for registration of political parties which contradicted the clear provisions of the Constitution, laid down three guidelines for testing the validity of any provisions of an Act of the Legislature (NASS) such as the ACJA. They are: (1) The legislative powers of the Legislature, cannot be
“IT IS CLEAR TO ME THAT, ANY JUDGEMENT DELIVERED BY A JUSTICE OF THE COURT OF APPEAL, ACTING AS A JUDGE OF THE HIGH COURT/FEDERAL HIGH COURT, AFTER HIS ELEVATION TO THE HIGHER BENCH, IS UNCONSTITUTIONAL, ILLEGAL, NULL, VOID, AND OF NO EFFECT WHATSOEVER”
Conclusion It is clear to me that, any judgement delivered by a Justice of the Court of Appeal, acting as a Judge of the High Court/Federal High Court after his elevation to the higher Bench, is unconstitutional, illegal, null, void, and of no effect whatsoever. Same is subject to being set aside on appeal, as has been done severally by the Supreme Court in the above cited authorities. For, when an act is void, it is void ab initio - and for all purposes. See UAC v Mcfoy (1962) AC 152; AKPENE v CENTRAL BANK (1977)1 S.C. 47 at 59. What is to be done? The best route open to all such elevated Judges still inundated with part heard matters, is to immediately and honourably recuse themselves from further trial of such part heard criminal cases which they had handled at the lower courts, before their elevation. They should return the files to the Chief Judges of their respective courts, to handle. To continue such trials, is to have such judgements set aside on appeal, and the cases ordered remitted to the lower court, to start de novo. That would be inimical and injurious to the interest of the Defendant, as he would have been subjected to double jeopardy. Such a litigant could successfully plead autrefois acquit or autrefois convict. See the cases of STATE v DUKE (2002) LPELR – 6163 (CA); SUNDAY v STATE (2017) LPELR – 42140 (CA). This is one instance where, in my humble opinion, discretion is the best part of valour. I respectfully urge the State (Prosecution), to oxymoronically make haste slowly, by immediately disbanding or withdrawing all cases pending before elevated Justices of the Court of Appeal, who are still masquerading as trial court Judges. They should allow such cases to start de novo, before other equally competent Judges of the High Court or Federal High Court. After all, “soldiers come, soldiers go, but barracks remain”, as our local cliché puts it. Some people may worry about the strenuous efforts, huge finances, energy and time already dissipated in the hearing of such part heard cases up to near conclusion, before the elevation of such Judges. To such people, I say take heart. Worry not. You may be right to feel that way. Because justice delayed, is justice denied. However, you must note also that, more significant is the fact that, justice hurried, is justice crushed. See the cases of THE CHAIRMAN, NATIONAL POPULATION COMMISSION v THE CHAIRMAN, IKERE LOCAL GOVERNMENT & ORS, (2001) 7 S.C. (pt.iii) 90 @ 97-8, 100; TRADE BANK PLC v UDEGBUNAM & ANOR (2004) ALL FWLR (PT.200) 1576 @1590 C.A.). This is my humble submission. (Concluded). Thought for the Week “Judges must beware of hard constructions and strained inferences, for there is no worse torture than that of laws.” (Francis Bacon).
8/COVER
25.12.2018
2018 in Retrospect The year 2018, could be described a mixed bag of the good, the not so good, the bad and the ugly, for the legal profession in Nigeria. The year started and ended with significantly noteworthy events, which had monumental effects on the Bar and the Bench, positively and negatively. Onikepo Braithwaite and Jude Igbanoi give a synopsis of the major issues that dominated the THISDAY LAWYER covers this year
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ur first cover for the year, was on January 2. It was an interview with former Nigerian Bar Association (NBA) President, Chief Wole Olanipekun, SAN. In his characteristic fearless manner, he said ‘Nigeria Operates a Fake Federal Constitution’. His tenure as President of the NBA, has been adjudged as one of the most audacious. His legacies have endured, and have continued to be a reference point for his successors in office. He initiated the Stamp and Seal project of the Association, and also created Sections for the NBA. Chief Wole Olanipekun, SAN granted Onikepo Braithwaite a rare interview, as he spoke on various issues of national and professional import, including leading the legal team of 13 Senior Advocates who successfully defended President Buhari’s pre-election matters, that paved the way for his emergence as the Presidential Candidate of the APC. “I repeat again and also reiterate the warning that, on no account should we do anything or ignite any cause of action that would lead to a repeat of our 1992 disaster in Port-Harcourt. We must learn from history, rather than allowing history to repeat itself” “My position on corruption is very clear and direct, to the effect that it is a crime against humanity for any person who is called upon to serve his State or Nation, Local Government or Community, Association or Union, etc., in any capacity or category, to mess up the till of that Nation, State, etc., by stealing therefrom or defrauding it in any manner” “To start with, any Lawyer who obstructs the course of justice, will have himself to blame or have a day with the Disciplinary Committee of the Body of Benchers and stands the risk of having his name struck off the roll” “I must confess that in my 41 years post-call experience, I have not at any time, seen or witnessed defence counsel and Judges, particularly in criminal matters, being gagged, harassed, harried, blackmailed, hassled or called unprintable names, as is fast becoming the norm” “I want to repeat my admonition to the EFCC in one of my presentations to them as a defence counsel, when I was invited to present a paper at a retreat organised by the agency, to the effect that it does not make sense for any Prosecutor to arraign an accused person on a 30-100 count charge. In that type of conundrum, the counts become duplicitous, repetitive, unwieldy, boring, nauseating, vague, ambiguous and meaningless” “My position on restructuring, has not changed. As long as we continue to run a fake Federal Constitution, a hydra- headed unitary document, its application will continue to asphyxiate the nation” In the January 9 edition Mr Olawale Fapohunda, Mrs Onikepo Braithwaite, former NBA President
Mr. J.B. Daudu, SAN and Executive Director, Access to Justice, Mr. Joseph Otteh gave an outlook of the year in the cover Justice Sector: Looking Ahead in 2018, in comparison with 2017. ‘Last year, was quite an eventful year for the Nigerian Judiciary and the Bar. A change of baton at the Apex Court and new Chief Judges for several States, including Lagos. President Buhari released 500 Prisoners from Kano Prisons, while the Governors and Chief Judges also did same in their States. Yet the Prisons all over the country, remain overcrowded and in extremely poor unsanitary conditions. What does 2018 hold for the Bar, the Bench, and the Justice Sector as a whole? Will this year be better than the last? What are the challenges and potentials of the Judiciary? How can the gains of some of the anti- corruption fights started in 2017, be maximised this year? Will be there be any Prison and Police Reform? Former Ekiti State Attorney-General, Mr. Olawale Fapohunda & Mrs Onikepo Braithwaite, former NBA President Mr J.B. Daudu, SAN and Executive Director, Access to Justice, Mr. Joseph Otteh, give a prognosis of what this year will look like, for the Justice Sector Janury 16 examined the vexed issue of Fulani Herdsmen: When Silence Is Not Golden ‘For the past three years, the activities of Fulani Herdsmen have struck terror in the minds of farmers in several States including Benue, Taraba, Kogi, Enugu, and Nasarawa. The otherwise peaceful cattle breeders, who had always been identified with their trademark long shepherd sticks strung across their shoulders, were recently named the fourth Deadliest Terrorist Group in the World by the Global Terrorism Index. They have resorted to wielding AK47 riffles, leaving a trail of bloodshed all along their grazing pathways, killing, maiming, raping and looting from innocent farmers in host communities. Dr. Kayode Ajulo, Osai Ojigo and Chucks Nwana, examine the politics, rhetoric, complexities and perceived insensitivity of the Government to the potentially explosive issue, as they proffer legal and political solutions Our second interview for the year was with the Edo State Attorney-General, Professor Yinka Omorogbe on January 23. ‘Governor Obaseki’s Determined to End Human Trafficking in Edo State’ Many have opined that Edo State, is one of the most privileged states in Nigeria, having a female Professor of Law as Attorney-General. Professor Yinka Omorogbe, the Honourable Attorney-General of Edo State, has trained and mentored many successful Lawyers in Nigeria, including Onikepo Braithwaite, who she told in a chat last week, her vision, mission, and desire to change the narrative of Edo State being notorious for kidnapping, human trafficking and prostitution in Italy. January 30 cover was ‘Boko Haram Doctrines are Not Islamic’ The pervading opinion in the Nigerian polity, is that the earnest expectations of Nigerians under the present administration, have
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COVER/9 been dashed, given the level of insecurity, poverty, unemployment, corruption and despondency amongst the youths. The general perception is that the Buhari led Administration, has been mostly clueless, and former President Obasanjo’s damning letter dissuading Buhari from contesting in 2019, has resonated nationwide, arousing a national debate. While some believe Obasanjo lacks the moral rectitude to castigate President Buhari, others believe he has spoken the truth, and that Buhari should heed his advice. Chief Mike Ozekhome, SAN and Jide Ojo take their positions in the raging national debate. The crisis in Abia State Judiciary, was our focus on February 6. “NJC: Abia CJ’s Removal is Unconstitutional” In what can best be described as ‘executive impunity’, the Abia State Governor, Okezie Victor Ikpeazu with the tacit connivance of the Abia State House of Assembly, caused the suspension and removal of the Abia State Chief Judge, Honourable Justice Theresa U. Uzokwe, and the swearing in of Honourable Justice Obisike Orji, as the Acting Chief Judge of the State. The suspension the Chief Judge and her removal from office, combined with the ‘hush-hush’ swearing in of a new ‘Acting’ Chief Judge by the State Governor, has elicited an outcry from the legal community. Although the National Judicial Council has since waded into the messy state of affairs in the Abia State Judiciary, Joseph Otteh and Richmond Idaeho, question the legality and constitutionality of the actions of the Abia Governor and House of Assembly, to remove a sitting Chief Judge and swear in another, even though in an acting capacity, without recourse to the NJC, as required by the Constitution. “Suspension of Abia CJ: Unconstitutional and Grievous Assault on Judicial Independence” On Friday, the 26th of January, 2018, the Abia House of Assembly purportedly suspended the Chief Judge of the State, Hon. Justice Theresa Uzokwe from office, for alleged acts of “tyranny and gross misconduct”, and, by a resolution, asked the Governor to appoint an acting Chief Judge for the State. The Abia House of Assembly, thereafter, constituted an eight- member Committee, headed by Thomas Nkoro, to investigate the allegations against the Chief Judge, and submit its findings within a seven day period. The House of Assembly, acted pursuant to a petition written against Justice Uzokwe by two officials of the Global Centre for Peace and Justice. The petition raised a considerable number of serious allegations against Justice Uzokwe; among others, it alleged that Justice Uzokwe constantly denigrated fellow Judges, abused her powers as Chief Judge, engaged in uncivil, degrading and belligerent public behaviour, was confrontational and insolent to the Governor, and possessed very poor adjudicatory skills given, evidenced by how her judgement was heavily berated by the Court of Appeal in a particular case. It further alleged that, she was mentally unstable, and had committed financial malpractices and denied the State Judiciary of needed funds for its operations. How Abia Compromised Judicial Independence in Removing CJ Every successful democracy and institution must be founded on a working Constitution, which must regulate the legal system of the society, and necessarily be the supreme law of the Land. The Nigerian society operates a written Constitutional system which is its grundnorm, and all other laws are premised on the Constitution, and as such, must never be inconsistent with the provisions of the Constitution. It is therefore, on this basis of constitutional supremacy that the principles of separation of powers are grounded. To this end, the various organs of government enjoy a level of independence to such extent that no organ interferes with the powers of the other. The independence of the judiciary as a third organ of government, cannot, therefore, be over-emphasised. Constitutional Provisions The Constitution of the Federal Republic of Nigeria, 1999, as amended, (“the Constitution”), makes provisions for the Judiciary in Chapter VII thereof. This Chapter also provides for the procedure for removal of any judicial officer. Section 292 of the Constitution prescribes the mode for the removal of judicial officers. By virtue of Section 292(1)(a)(i) of the Constitution, for the heads of Federal courts, the section prescribes that removal will be by the President of the Federal Republic of Nigeria acting on an address supported by two-third majority of the Senate. Section 292(1)(a)(ii) provides that for the heads of State Courts, removal is by the Governor of a State acting on an address by two-thirds majority
of the House of Assembly. February 13 was an interview with Major General I.B.M. Haruna. ‘Herdsmen Crisis Is Gradually Enveloping West Africa’ He was a former Federal Commissioner for Information and Culture, and chaired the Committee that organised FESTAC. Major General I.B.M. Haruna, suddenly found himself compulsorily retired from the Nigerian Army at age 37. As one whose father was a Soldier, and having spent his entire life in regimented army barracks, he found himself faced with the dilemma of fitting into civilian life. He then applied to read Agricultural Science at Ahmadu Bello University, but was offered Law instead. Now 78 years old, General Haruna went down memory lane in a chat with Onikepo Braithwaite, who had the privilege of doing her Law School Chamber attachment in his chambers, as a student Lawyer in 1991. He proffered useful advice on the various challenges confronting the nation, including insurgency, Herdsmen crisis and more. February 20 was on “Can NASS Change the Sequence of Elections? The National Assembly (NASS), recently undertook a review of the Electoral Act, and reordered the sequence of the national elections, by seeking to amend Section 25(1) oftheAct. Eme kaNwadioke,RichardAkinnola,JideOjo and Chuks Nwana, in taking a critical look at the extant provisions of Electoral Act and the 1999 Constitution of the Federal Republic of Nigeria, examine the constitutionality and possible consequences of NASS’s action, pointing out areas, where in their opinion, the Legislators may have acted beyond their powers, and whether the review in itself, was a self-serving act of the Lawmakers. February 27, Chair, Nigerian Bar Association’s Section on Legal Practice, Mrs. Mia Essien, SAN graced our cover. ‘Only About 4.2% of Senior Advocates Are Female’. From April 12th to 13th, 2018, the oil city of Port Harcourt, will play host to the cream of the Nigerian legal profession, when it hosts members of the Nigerian Bar Association’s Section on Legal Practice (NBA SLP) for its annual Conference. In a chat with Onikepo Braithwaite, the Chairperson of NBA SLP, Mrs. Mia Essien, SAN, delved into the issues that will engage the attention of conferees, including professional ethics, relationship between the Bar and Bench, and rebuilding and repositioning the Section after a two-year hiatus. She also spoke on the seeming gender imbalance, in the Inner Bar. Mia Essien, SAN, who is the Managing Partner of Principles Law Partnership, with offices in Port Harcourt and Lagos, obtained her LL.B (Hons) from the University of Nigeria in 1984. She was called to the Bar in August, 1985. In 1991, she obtained an LL.M. from the University of Lagos. She ‘took silk’ in 2007, and is a Fellow and Chartered Arbitrator of the Chartered Institute of Arbitrators (UK). She is a Notary Public, and a Member of the Executive Committee of the Commonwealth Lawyers Association. She is also a Member of the Faculty of the Chartered Institute of Arbitrators (UK); and a Member of the Adjunct Faculty of the Nigerian Law School, Gwari, Abuja. March 6 Nigeria: The Need for State Police? The clamour for the creation of State Police in Nigeria, has over the years, gathered momentum. Initially viewed with some measure of suspicion and apprehension, the idea of State policing has since gained wide acceptance and followership, especially in the face of the huge security challenges that the country is presently experiencing. Mike Ozekhome, SAN, Dele Adesina, SAN, and Kingsley Amakwu, maintain that the time is ripe for Nigeria to join the rest of the developed world, in creating and maintaining State Police Forces, while still retaining a Federal Police structure. State Police: The Inconvenient Truth The issue of State Police, is a highly controversial one indeed; that is, the issue of the desirability or otherwise of State Police in Nigeria. I think this is one of the issues, that has been so greatly debated in Nigeria today. Somebody once said that Nigerians like controversies. They love debates. It is my contention that any argument against the establishment of State Police in Nigeria, having regard to our myriad of security challenges, the structural and systemic inadequacies of the present monolithic Police system, is nothing but a “convenient untruth”. That State Police has become inevitable today in Nigeria, is the truth, no matter how inconvenient. March 13 It was Cross-Fire on Lagos Land Use Charge
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2018 IN RETROSPECT CONTINUED FROM PAGE 9 Law: Legal or Illegal? Last week, residents of Lagos State woke up to the rather unsavoury news, that the Lagos State Land Use Charges which were already perceptibly high, would be further increased astronomically. What started as a mere rumour, became a reality, when the Lagos State Lawmakers passed a law endorsing the increase with effect from April 14, 2018. In the wake of the accompanying public outcry, the NBA Ikeja Branch addressed a press conference and threatened a massive protest, if the Government does not reverse the charges within 7 days. Some Lawyers have argued that NBA Ikeja Branch, did not have the approval of the NBA National Executive Committee, to issue such threats. In a swift reaction, however, the Lagos State Commissioner of Finance, Akinyemi Ashade and Richmond Idaeho demystify the provisions of the law and point out that, the very 'minute' increase, would be to the effect that the poorer segments of the population would be considerably less impacted, than the relatively wealthier segments, by the reviewed Land Use Charge law. But Richard Abdulahi and Abubakar Sani hold a contrary view. This is the Cross-Fire!
constitutionally enshrined doctrine of Separation of Powers, the Federal High Court in Abuja, on Wednesday March 14 2018, ruled to restrain the National Assembly from engaging in any further steps toward re-passing the vetoed Electoral Act Amendment Bill; an order which is tantamount to a rude usurpation of the legislative power, and one which can be considered as null and void, because it violates the tenets of the Constitution.
‘LUCL Will Have No Negative Impact on the Poor’ - Ashade What is Land Use Charge? There must be very few people in Lagos today, who have not heard the term “Land Use Charge” (LUC). In contemporary lingo, Land Use Charge can be said to be “trending.” Unfortunately, it’s been trending for the wrong reasons, many of which I will attempt to clarify and correct in this write-up. Land Use Charge, is a tax that applies to properties in Lagos. It is an aggregated tax, that has combined three erstwhile separate taxes, namely tenement rate, ground rent and neighbourhood improvement levy, respectively, into one. So, instead of paying three different taxes, the tax payer pays just one consolidated tax. Land Use Charge is not new in Lagos, neither has it been arbitrarily introduced to the State. Rather, it emanated from a long process of deliberation, consultation and engagement, all of which typically precede law-making. Indeed, implementation of this particular tax, was sequel to the passage of the Land Use Charge Law of 2001, as promulgated by the Lagos State House of Assembly.
April 3 Mrs. Funke Adekoya, SAN Interview ‘SAN Rank is Not Woman Friendly’ “Despite the great advances the Nigerian legal profession has witnessed, female Lawyers have still not been accorded their rightful place. The situation is worse, at the Inner Bar. But, the few women who have made it to the exalted rank of Senior Advocate of Nigeria, did so, not just by a dint of hard work, but by personal sacrifices and swimming against the strong tides in a male dominated profession. Mrs. Funke Adekoya, SAN, is one of them. She graduated from the University of Ife in 1974, and was called to the Bar in 1975. She then obtained her LL.M from Harvard Law School, Boston, Massachusetts, USA in 1977. In 2001, Mrs Adekoya became the fifth woman to be conferred with the rank of Senior Advocate of Nigeria. A former 1st Vice President of the NBA, a consummate litigation Lawyer and seasoned Arbitrator, Mrs Adekoya told Onikepo Braithwaite about her fortuitous but meritorious appointment, as a member of the exalted World Bank Sanctions Board, the first and only Nigerian who has had the rare privilege of that global recognition. She further spoke on a myriad of other complex issues, in the Nigerian legal profession. She said “Women have not aspired to the rank of Senior Advocate in the same numbers as men, because the rank of Senior Advocate of Nigeria is for Lawyers in litigation, and the litigation terrain is not woman friendly; as a result, many women have concentrated on the arbitration arena, where they are more in control of their own time. However, since arbitration is a means of dispute resolution, I do not think that Lawyers who concentrate solely on arbitration, should have their own criteria for attaining the rank. As arbitration counsel, they perform the same role before the arbitrator as Lawyers do before the Judge; again arbitration awards are often appealed before the courts, where they will appear. The litigation terrain is tough, travelling all over the State or the country to handle cases, often conflicts with women’s societal obligations as nurturers to their husbands and children. Also, the time required to adequately prepare cases for trial, does not respect conventional 9-5 working hours. All these factors, mean that many women would have dropped out of the litigation circuit, by the time they should be acquiring the seniority and caseload required for a SAN application. For as long as we keep saying ‘there are no ladies at the Bar’, we will not address these issues which hinder many women from reaching their full potential as litigators. We women, need to fight to have our gender acknowledged in the profession, as a first step towards acknowledging that the playing field is not equal. That is why I always object, when referred to as ‘my brother silk’. We must push for the changes that will ensure that, women can remain as litigators in private practice, while still maintaining proper work/life balance. Again by our nature, we tend not to push ourselves into the limelight. We are content with doing our job well, and then, going home to the family. As a result, some women who could have applied for the rank many years ago, never turned their minds towards it.” April 10 Chief Ayodele Adebanjo ‘Buhari Should Sack Chief of Army Staff and Inspector General’ Expecting age to mellow down a die-hard ‘Awoist’, may be like expecting a leopard to change its spots. Chief Ayodele Adebanjo, a Lawyer by
March 20 Is the Nation Adrift? Since the return to civilian rule 19 years ago, a majority of Nigerians have kept faith and hope, that their lot would improve under a new democratic dispensation. From Obasanjo to Yar’Adua, Jonathan and now Buhari, the perception is that each administration has come with its own set of peculiar challenges. As hope gets dimer in the polity, some have began to question the basis of their continued optimism, and the seemingly unending bickering between the Legislative and Executive arms of government, has resulted in more pessimism as to what lies ahead for the nation in 2019. Chief Mike Ozekhome SAN, Richard Abdulahi, and Jide Ojo, examine the state of the nation, and consider the potpourri of issues that are presently agitating the minds of Nigerians, including the Presidential Veto of the Electoral Act Amendment Bill, the recent abduction of the Dapchi girls, and the dastardly activities of the Herdsmen. “Courts Lack Power to Stop the Legislature from Carrying Out Legislative Duties” Ozekhome On March 14, Justice Ahmed Mohammed of the Federal High Court Abuja, in a suit filed by the Accord Party against the National Assembly, the Attorney-General of the Federation, and the Independent National Electoral Commission (INEC), ordered the National Assembly, not to further engage in any action or proceeding towards re- passing the Electoral Act Amendment Bill, which President Muhammadu Buhari had already vetoed. The court in the said ruling, ordered the parties to “maintain status quo ante bellum” pending the outcome of the substantive suit. In the Nigerian system of government, the Constitution of the Federal Republic of Nigeria 1999 as amended (“the Constitution”) is rigid and supreme. The powers of the three arms of government, are separated and enshrined in the Constitution, and the powers of the legislature, executive and judicial arms of the government, are respectively ingrained in Sections 4, 5 and 6 of the Constitution. Disregarding the
March 27 Professor Abiola Sanni in our cover interview ‘Nigerian Elite Evade Taxes’ Tax, is such a touchy issue in Nigeria, so much so that, the various tax regimes, are viewed with circumspection by most Nigerian elites, who perceptibly, chronically evade taxes. While in most advanced jurisdictions, tax evasion attracts stiff penalties, including jail terms, in Nigeria, the rich are never punished for refusing or neglecting to pay their taxes. The ongoing uproar engendered by the upward review of Land Use Charges in Lagos State, took Onikepo Braithwaite to the University of Lagos Law Faculty, to seek the views of a tax expert, Professor Abiola Sanni on various tax related issues
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2018 IN RETROSPECT CONTINUED FROM PAGE 10 profession, cut his political teeth under the tutelage of Chief Obafemi Awolowo, SAN, and since 1951 when he ventured into politics and the fight for the nation’s independence, he has never looked back. As this committed Federalist celebrates his 90th Birthday today, he granted a ‘no-holds barred’ interview, in which he told Onikepo Braithwaite about his struggle for the return to democratic rule in the trenches of NADECO, and why he has not stopped fighting for a better Nigeria. He spoke bluntly on several issues plaguing the nation, including Fulani Herdsmen, Corruption, Tribalism, the 2014 National Conference, and Restructuring. He stands as one of the few Nigerian elder statesmen, who has spoken truth to the present administration, concerning how the nation can seek to halt this negative free fall, which it seems to be in. April 17 Four Years Later: NBA-SLP Bounces Back with a Bang The Nigerian Bar Association’s Section on Legal Practice (NBA-SLP), was one of the three pioneer Sections created by the NBA in 2003, and it remained vibrant, until its Council came under the hammer of the parent body in 2014. Some were sceptical, when the NBA-SLP Council was reconstituted, and it resumed activities recently. However, last week, its first Conference after its resuscitation, cleared any doubts, as the two-day Conference stood as an eloquent testimony of the sterling leadership qualities of its Chairperson, Mrs. Miannaya Essien, SAN, who along with her Council Members, delivered an A-Class Conference in Port Harcourt, to the admiration of Nigerian Lawyers. THISDAY LAWYER was present, to report on the activities April 24 $1 Billion Insurgency Fund: Presidency v NASS Controversy has continued to trail the questionable process of approval of One Billion US Dollars, given by President Buhari and the Nigeria Governor’s Forum, for the Government to tackle the scourge of insurgency in North East Nigeria, without recourse to the National Assembly. Different slants have since been given to this development, including an explanation from the Presidency, that the funds are not meant to fight insurgency alone. Another explanation given by the President’s media team, is that Appropriation by the National Assembly, is still being sought for the $1 Billion, as the Approval is only the first step in the process. Beyond the political furore, Daniel Bwala; Chris Akiri; Richmond Ekhosuehi Idaeho and Pascal Ekeh; and Daniel Daudu Makolo, examine the legal and constitutional implications of the ongoing face-off, between the Presidency and the National Assembly, flowing therefrom. May 1 Gani At 80: Legends Never Die He would have been 80 years old on April 22, 2018. Unfortunately, he died on September 5, 2009, having succumbed to cancer of the lungs, though he never smoked. Some called him The Conscience of the Nation, others called him Senior Advocate of the Masses. Born on April 22, 1938, Chief Abdul-Ganiyu Oyesola Fawehinmi, SAN, was to the average Nigerian, a Human Rights Activist, a Legal Luminary and Publisher of Nigeria’s foremost law reports, The Nigerian Weekly Law Reports. But to the Military Dictators who jailed and detained him a record 32 times, he was more than a mere nuisance, he was a thorn in their flesh. He was recipient of many local and international awards, including being the first African recipient of the prestigious Bernard Simmonds Award of the International Bar Association in 1994. The Lagos State Government unveiled a 44-foot statue in his honour on April 22, 2018. His protégées, Chief Mike Ozekhome, SAN and Ebun-Olu Adegboruwa go down memory lane, to share with THISDAY LAWYER who this man Gani really was, their relationship and fond experiences, working under the mentorship of this legal icon and human rights enigma, and the invaluable lessons learnt from him May 8 ‘Buhari’s Handling of Herdsmen Killings is Worse than Abysmal’ In a country where the voice of dissent is fast fading, even in the face of obvious human rights violations, it takes rare courage and audacity to speak up from the trenches. Dr. Chidi Anselm Odinkalu, former Chairman, National Human Rights Commission, has remained consistent soldering on for a just Nigeria. He was a Jeremiah
Smith Jr. visiting Professor of Laws at the Harvard Law School in Cambridge, Massachusetts, and Brandeis International Fellow at the International Centre for Ethics, Justice and Public Life at the Brandeis University in Waltham, Massachusetts. He spoke to Onikepo Braithwaite in a chat last Thursday, on issues including President Buhari’s handling of the Herdsmen Crisis, the unapproved purchase of the Tucano Aircrafts, the NBA and IPOB. May 15 Senate Has Power To Summon the IG Perhaps, the greatest concern of Nigerians today, is the parlous insecurity that the nation is currently facing. No one can remember in the annals of Nigeria’s checkered history, when the lives of Nigerians have been so insecure, in peace time. The Senate President, last week, gave a damning report, and reeled out statistics of Nigerians whose lives have been cut short and decimated across the country, on account of the activities of marauding herdsmen, cultists and ritualists. In performance of its constitutional duties, the Upper Chamber of the National Assembly, summoned the Inspector-General of Police (IG), to give an appraisal of the security situation in the country, in his capacity as the Chief Security Officer of the Federation. In what may be described as disdain, disrespect, and disobedience to the constitutional powers of the Senate, the IG, has continued to defy the powers of the Red Chamber, by failing to honour the Senate’s invitation. The Police have responded in his defence, claiming that being an official matter, the IG need not appear in person, and can mandate someone else to appear before the Senate in his stead. Chief Sebastine Hon, SAN and Abubakar Sani, examine the legal and constitutional issues, involved in this matter. May 22 Nwobike, SAN: A Fall From Grace To Grass? Monday, April 30, 2018, was indeed, a sad day, for the Legal Profession in Nigeria. The Honourable Justice Raliat Adebiyi of the Ikeja Division of Lagos High Court, convicted and sentenced Dr. Joseph Agburuwhuo Nwobike, SAN, an acclaimed cerebral legal intellectual, to 30 days imprisonment for perverting the course of justice. The Inner Bar, is still reeling from the shock, of the seeming recidivation of one of its own, while others have criticised the court’s decision as being too lenient. What is the effect of Nwobike’s conviction on the fight against corruption? What does the decision in this case, portend for colleagues facing similar charges? Will the Legal Practitioners’ Privileges Committee, consider further sanctions against Nwobike now or after the appeal process is exhausted? Wahab Shittu, Adesina Ogunlana and Ikeazor Akaraiwe, discuss the issues arising from this historic and unfortunate incident May 29 How Medically Fit Should A President Be? In the recent past, Nigeria had the misfortune of losing serving President, Alhaji Umaru Musa Yar’Adua GCFR, while several State Governors also died in office, though not all from sickness. The call to have Presidential and Governorship Aspirants, undergo medical fitness tests by law, has been on the rise. Following President Muhammadu Buhari’s 49-day medical vacation in the United Kingdom, and further medical check-up trips totalling 170 days, more concerns have been raised, especially in the face of the President seeking a second term in office. Are such tests really necessary? Should this very important decision, be left to the discretion of political parties that put their candidates forward? Are the provisions of the 1999 Constitution of the Federal Republic of Nigeria, relating to sickness and succession in the case of incapacitation, adequate? Jide Ojo and Daniel Hassan Bwala examine the issues flowing from these rising calls that political office aspirants, should be subjected to mandatory medical fitness tests June 5 ‘I Can Never Join APC’ His life’s story at 60, can be made the subject of an award winning movie. He has devoted his entire professional life, to fighting the cause of the downtrodden and less privileged Nigerians. His unending battles with past despotic totalitarian military regimes in Nigeria, had on several occasions, cost him his liberty, having suffered many arrests by successive military juntas. But, the quintessential Human Rights Activist, has remained undaunted, and he has many international awards to show, in recognition of his doggedness, including the coveted ‘Bernard Simmonds’ Award from the International Bar Association. As he turned 60
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2018 IN RETROSPECT CONTINUED FROM PAGE 11 recently, Femi Falana, SAN took time out of his hectic schedule, to vent his spleen to Onikepo Braithwaite on why he was not in the mood to celebrate, and why he is organising the human rights community, to return to the trenches June 12 Police’s Politicisation of Offa Robbery: Reprehensible and Shameful Since Dr. Bukola Saraki assumed office as Senate President in 2015, it has been one battle after another. First, he was arraigned before the Code of Conduct Tribunal on allegations of false declaration of assets and corrupt enrichment, while he was Kwara State Governor. Now, the Police have invited the nation’s number 3 citizen, in connection with the recent infamous bank robbery in Offa, Kwara State. The perception in many quarters, is that Saraki’s persecution, may not be unconnected with his silent ambition to run for the Presidency in 2019, and not a few have speculated that if he drops that ambition, his travails will vanish. As many ponder on what next may be thrown at the Senate President, Onyinye Iyizoba and Chris Akiri x-ray the real and tangible issues, in the ridiculous allegation of a connection between Senator Bukola Saraki and one of the alleged kingpins in the Offa bank robbery. Offa Robbery: Any Case Against Saraki? Onyinye Iyizoba argued thus ‘The concept of democracy, envisages the idea of a libertarian society, governed by the supreme will of the people vested in elected officials, exercised by independent government institutions, for the common good of the people. Its attendant principle of checks and balances, connotes that each arm of government acts a watchdog over the other arm, creating a delicate rhythm of harmonised conflict and balance. This has arguably been, the most misunderstood principle of the Nigerian Democracy”. June 19 June 12: Nigeria’s Political Watershed Outside of October 1, 1960, the day that Nigeria gained her independence from Britain and became a sovereign nation, June 12, 1993, is undoubtedly the most significant and remarkable date in Nigeria’s political evolution. While October 1 has retained its pride of place in Nigeria’s history, June 12 suffered a most miserable and unfortunate fate. Every successive administration since 1993, conveniently found a way to play down its significance, from military despots to benevolent civilian leaders. President Buhari’s unprecedented deft political move on Wednesday June 6, 2018, finally put paid to the blinkering of over 24 years, which has not only led to a proclamation of June 12 as Nigeria’s Democracy Day, but bestowed on the late Chief M.K.O. Abiola, the highest honour in the nation. In this special edition, the panel of Chief Mike Ozekhome, SAN, Daniel Hassan Bwala, Monday Onyekachi Ubani, Michael Dedon and Jide Ojo, discuss the significance of declaring June 12, Nigeria’s Democracy Day, and the posthumous conferment of the rank of the Grand Commander of the Order of the Federal Republic (GCFR) on the late Chief M.K.O. Abiola, and the Grand Commander of the Order of the Niger (GCON) on foremost Human Rights Activist, the Late Chief Gani Fawehinmi, SAN, SAM. June 26 Afam Osigwe’s Interview ‘NBA Is Now Worse than the Military’ Every two years, Nigerian Lawyers select Officers to lead their umbrella body, the Nigerian Bar Association (NBA). NBA elections, have in the past decade, become rancorous, contentious, and expensive. A sigh of relief was heaved, when universal suffrage was introduced in the most recent election of 2016, as many thought it would solve all the contentions usually associated with the exercise. But, with recent developments, it does appear that the process of picking national officers for the Association, is getting messier and more antagonistic and belligerent. Afam Osigwe, the youngest of the four candidates running for President of the NBA, was disqualified by the Electoral Committee of the NBA (ECNBA). In a chat with Onikepo Braithwaite, he narrates the unpleasant events, which led to what he describes as his unfair and unjustifiable disqualification from the race, why he is confident that the decision will be upturned, and how he will emerge as NBA President, in the coming election. He said “My disqualification by the ECNBA, was wrong and insupportable in law. The NBA Constitution does not require an aspirant for any office to obtain a Letter of Good Standing, so ECNBA wrongly assumed lawmaking by requiring all aspirants to mandatorily obtain
Letters of Good Standing for themselves, as well as their nominators. Despite this, I obtained the letter from Nnewi Branch, as well as informing the Committee that I joined NBA Nnewi Branch in January, 2018. I also notified ECNBA, of my residential and office addresses in Nnewi. So, I was surprised that, ECNBA claimed that one of the reasons for my disqualification, was because there was no evidence before the Committee to show that I have paid my Annual Dues and other financial obligations to Nnewi Branch, as and when due for at least 3 years immediately preceding this year’s election. This is surprising, as I could not have paid Branch Dues in Nnewi Branch in 2016 and 2017, as I was not a member of the Branch in those years. In fact, not only did I inform the Committee that I was a member of NBA Abuja Branch until January 2018, I also attached proof of payment of my Branch dues to Abuja Branch in 2015, 2016, and 2017. It is instructive to also state that, Section 13(4) of NBA Constitution, 2015 provides that no member shall belong to more than one Branch. Thus, a Lawyer cannot lawfully pay Branch dues to more than one Branch, in the same year. Finally, the NBA Constitution does not require a candidate for national office, to have mandatory membership of a particular Branch for three consecutive years, before he/she will qualify to contest in the election. So, I breached no section of the NBA Constitution by transferring to Nnewi Branch, as well as getting a Letter of Good Standing from the Branch. It is the Committee that breached the law, by assuming powers it does not have, as well as reading into the Constitution what is not there.” July 3 Who Leads the NBA 2018-2020? One of the most significant events in the 2018 Calendar of the Nigerian Bar Association (NBA), will be its election into national offices. This biennial exercise, assumed a higher dimension two years ago, when the Augustine Alegeh, SAN led administration, introduced universal suffrage by electronic voting in 2016. Despite some complaints over the imperfections in electronic balloting, a greater percentage of Nigerian Lawyers, especially the younger ones, remain resolute that it is the only guaranteed way, to ensure they have a say in who leads the Nigerian Bar. The timetable released by the Electoral Committee of the Association, sets the elections to hold from 11:59pm of Friday, 27th to 11:59pm of Saturday, 28th July, 2018, for all Nigerian Lawyers to cast their votes online, real time from any part of the world. In the final countdown, THISDAY LAWYER got the Presidential candidates in the election, Senior Advocates Paul Usoro, Professor Ernest Ojukwu and Arthur Obi-Okafor, to speak on their manifestos, and why Nigerian Lawyers should entrust their Association to them for the next two years I’ll Secure Nigerian Legal Market For Nigerian Lawyers - Paul Usoro, SAN “I don’t think the problem is with electronic voting or universal suffrage per se. The problem
generally with elections, is more often than not, with its conduct and not the mode – electronic or manual. The problem also is not with suffrage – universal or restricted; it is, as I’ve already stated, with the conduct of the election. What I’m interested in knowing right now, is the planned mechanics or processes for the NBA elections; it’s the mechanics that will tell us whether it’s tamper-proof, or susceptible to manipulations and/or human errors. Until we hear from the ECNBA on these processes and mechanics, I cannot really comment on the integrity of the electronic voting.” I Will Run an All Inclusive Bar - Arthur Obi-Okafor, SAN “The Universal Suffrage is one of the best things that has happened to the NBA in recent times, as it avails every member of the NBA the opportunity to participate in the process of electing their National Officers. It is therefore, incumbent upon the NBA, to ensure that the process remains not only transparent and reliable, but that it is adjudged credible, and the integrity of the processes is guaranteed. The jury is out on the interpretation of the phrase “electronic voting”, as contained in the 2015 Constitution of the NBA. The provision does not define the phrase, and this has resulted in avoidable controversy. It is public knowledge that, the interpretation is one of the questions that the court is being called upon to determine in the suit that arose from the 2016 NBA National Elections. Some have argued that, electronic voting means voting over the internet, whilst the other side maintains that electronic voting, is achieved by punching the Electronic Voting Machines at respective branches of the NBA. These arguments underscore the need for an explicit provision in the NBA Constitution, clarifying the intent of the law. However, what is paramount and without prejudice to the outcome of the court’s determination, is for those managing the process do it in such a manner as to engender the confidence of all participants.” Legal Profession is too Important to be Abandoned to Charlatans - Professor Ernest Ojukwu, SAN “I have very strong confidence in the Electoral Committee chaired by Prof Yadudu. Universal voting, is the best for us, as it will promote democracy, equal and inclusive participation in the governance of the Association. The use of electronic voting, is also the best. We should continue to work to improve the process. The key to being a bridge builder, is that the leader must be trusted. To be trusted, the person must be honest, show fairness, evenhandedness, be open and transparent, listens, and is sincerely interested in providing opportunities for others. I have held many leadership positions, where I have managed people of diverse backgrounds and I have been very successful in building bridges- as Secretary and Chairman NBA Aba Branch, Dean of Law, Head of a Law School for 12 years, where staff and students of all tribes and religions in Nigeria were under me, as Chairman of many Committees of the Bar, as President of Network of University Legal Aid Institutions, as Pioneer Founder and Chairman NBA Eastern Bar Forum, comprising Lawyers from sections of Old
Eastern Region. My Partners at Ojukwu Faotu & Yusuf are not Igbos. My family background, I would say, also gave me the character of a bridge builder. My parents were very accommodating of all human beings, no matter their background. Two of my three sisters are married in the North, and in Akwa Ibom. Adoption of candidates by private fora, is outdated. It was useful when election was by delegates, and rotation of positions had not been formalised in our Constitution. Now election is universal, and elective positions have been zoned in our Constitution. For example, the post of President has been zoned to the old Eastern Region. So, why adopt? You don’t want Lawyers across the country, to be part of the decision in choosing their President? Delegates represented their Branches and groups, but in universal election, decision is individual. Continuing the pursuit of adoption by a few, is a rejection of the right of every Lawyer to have a say in the election of their leaders. Adoption is anti-democracy, anti- inclusiveness, and anti-participatory governance. Delegate system and adoption of candidates, breeds dictatorship and irresponsible leadership. Forums are voluntary, and EBF does not have more than 150 up to date members. There are over 55,000 verified Lawyers in the country, and we expect at least 25,000 to vote in this election. Out of the 150 members of EBF, about 50 persons were assembled to do the primary adoption, and in reality, only about 10 persons made the decision. The rest were onlookers. Adoption is of no value in 2018, unless you are saying that 25,000 Lawyers should not bother to vote, and should rather allow the few persons that did adoption in one corner of Port Harcourt, to vote on their behalf. If that is the case then, why are we going to the poll on 27th July? Those who want adoption, are those who have rejected universal voting, and want to continue delegate election. They are those who don’t want any progress for the Bar and the profession. They just want to rule us. They are bringing nothing to the Bar. They just want to capture power. They don’t want Lawyers to participate in shaping their own destiny, and the destiny of the profession. We must reject them. They want to continue to hold the Bar and each Lawyer, in bondage. I have rejected that prison and the bondage. Adoption is corrupt, and I reject corruption. Those who want to remain in bondage, are free to submit to that bondage. Under the EBF Constitution, for a candidate to be considered for adoption, the candidate must write a letter of undertaking, to be bound by their decision. So, you must give your consent to be considered. I did not write a letter, and I think only one out of 4 candidates, sent such a letter to be considered for adoption. So, the Forum only considered the person that gave them consent. I have never complained about the adoption. Why are they complaining, about my refusal to give my consent? Is consent taken by force? Forums are private organisations. They are not part of the NBA governance structure. Any Forum that wants to remain relevant, must change their objective from being an adoption based organisation, to something useful for the legal profession. The Future Bar and legal profession, is too important to be abandoned to charlatans.” July 10 Your Land Or Your Life! Again, sorrow, tears and blood, flowed in Plateau State recently, when a band of marauding herdsmen visited horror on several villages in Plateau State, exterminating families and whole communities. Their excuse? ‘Our cattle were rustled!’ As the nation continues to mourn the over 200 innocents (mainly Christians), felled by the sophisticated weapons of Fulani herdsmen, Chief Ferdinand Orbih, SAN, Daniel Bwala and Richard Abdulahi, go into the nitty-gritty of the remote and immediate causes of this needless bloodbath, against the backdrop of the toxic statement by the Presidential spokesman, that people should choose between their ancestral homes or their lives! Your Land or Your Life: Garbage from the Seat of Power The Declaration The common threat associated with highway robbers on a mission to forcibly steal what does not belong to them, is “your money or your life.” The Presidency would appear to have borrowed this threat from highway robbers and common criminals, when its chief spokesperson --Femi Adesina declared recently as follows: “Ancestral attachment, you can only have attachment when you are alive, if you are talking of ancestral attachment, if you are dead what does the attachment matter? What does it matter again? What would the land be used for, if those who own it at the end of the
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2018 IN RETROSPECT CONTINUED FROM PAGE 12 day are dead? As somebody has said before, it is better to live on the land than under the land” I must confess that, when the story first broke out on social media, I dismissed it with a wave of the hand as fake news, until I viewed the video clip wherein the President’s spokesman made the declaration. The reality of the declaration, left me completely dumbfounded, and has thrown up a few but pertinent questions. On whose behalf, did the Government issue this threat? What are the constitutional implications of the threat? Is threatening a solution to the present bloodletting, going on in most parts of the country? The statement by the Presidency is not only reckless, but utterly irresponsible. Nigeria is soaked in blood. It is tragic that, the blood we are talking about here, is not that of dogs and baboons, but that of innocent men, women and children (Nigerian citizens). The country is bleeding and burning, but the tragedy of it all, is that those who have the constitutional responsibility to put out the flame, are not only stoking it, but are pouring petrol on the raging inferno, by their ill- thought-out and badly motivated utterances. In saner climes, the Presidency ought to have distanced itself from the infamous declaration of its spokesman highlighted above, and sanction him by sacking him with ignominy, but no action was taken as mum was the word from the seat of power. Hence, the media took the silence of the Presidency on the issue, to mean that it is the official position of the President. The media cannot be faulted, in this regard. It appears to be the modus operandi of this administration, that when its officials behave badly or recklessly, they are never reprimanded or sanctioned. Many examples abound in this regard. When the Inspector- General of Police disobeyed the instructions of the President to relocate to Benue State at the height of the massacre of innocent Nigerians in Benue State, he was neither sanctioned nor reprimanded. When the Minister of Defence attributed the cause of the crisis, to the blocking of the grazing routes by the affected communities and thus, blaming the victims rather than the perpetrators, he was neither sanctioned nor reprimanded. The Plateau State Massacre: Legal Implications and Allied Matters The primary duty of Government and the reason for which Government exists, is the preservation of life and property. The concept of the social contract theory, presupposes that the State and the governed, are in a contract wherein they are assigned respective rights and corresponding responsibilities, called duties. While the citizens are to be law abiding, they as well undertake to hand over to the State, their rights to the natural intrinsic tendency for self-protection and self-preservation. The State then takes up the job of protection, which responsibility the individual citizens have handed over to it; then using the machinery of a legitimate government in power, executes her part of the social contract. It therefore, goes without saying that, a breach by either or both parties to this contract, results usually in negative consequences, and this summarises the present Plateau State massacre. Brief Statement of Facts and the Legal Implications The 25th of June, 2018, has gone down in history as one of the most horrific days in Nigeria’s history, as it witnessed the massacre of over 200 Nigerians comprising women, children and men in Plateau State of Nigeria. Reports have it that, over 50 villages and settlements of Plateau State, have been displaced and obliterated by incessant attacks and killings. The natives were reported to have said that, the massacres are a product of the execution of a clandestine plan at ethnic-cleansing, and that the crisis is both religious and ethnic. The Federal Government, on the other hand, attributed the slaughter to the handiwork of politicians, desperate about the 2019 elections. This was followed by an immediate change of the then Commissioner of Police of Plateau State, and visits by the Vice-President and President, in succession. This incident and the reaction of Government and security agencies, have further deepened the fear, insecurity, mutual suspicion and polarisation of the country. Nigerians are today, more divided along ethnic and religious lines, than at any time in its history. The Constitution of the Federal Republic of Nigeria, 1999 (as amended) (CFRN) provides in its preamble and in Section 2 to the effect that, Nigeria is a nation that has resolved and chosen the paths of unity, harmony, indivisibility, indissolubility and sovereignty. Recent events, especially the recent bloodbath, has heightened suspicions, which are antithetical to this noble
constitutional objective. The Constitution provides in Section 33(1), that every person has a right to life, and no one shall be deprived intentionally of his life, except in execution of the sentence of a court in respect of a criminal offence. It is illegal to take the life of another, or the lives of a community of people, no matter how offended one is. The recent massacres in Plateau and Zamfara States, and related antecedents, amount to genocide and acts of terrorism, to say the least. By the provisions of the Terrorism (Prevention) (Amendment) Act, the perpetrators of these heinous crimes, should have been arrested and speedily prosecuted to deter others in future. Furthermore, Section 14(2) (b) of the Constitution provides that the welfare and security of the people, shall be the primary purpose of government. The Constitution in a similar vein provides in Section 17(2)(b), that the sanctity of the human person shall be recognised, and human dignity shall be maintained and enhanced. A government fails in everything else, if it cannot adequately protect lives and property, no matter how well it does in other areas. No reason is acceptable, for the unconscionable and wanton destruction of lives and properties. These heinous crimes, have been fuelled by the absence of actual prosecution and conviction of these ‘terrorists’, and a seeming lack of definite government action. The provisions of the Terrorism (Prevention) Act particularly from Section 1, qualifies the perpetrators of these heinous crimes, as terrorists. The Government ought to have been definitive in condemnation, and in taking decisive action, like has been done to Boko Haram. The armed bandits, rustlers, local militias, and armed herdsmen, do not deserve less treatment than the one meted to Boko Haram. Deaths and the Depersonalisation of a Nation The recent spike in general insecurity in Nigeria, and the seeming trivialisation by the Federal Government of the spate of killings by Fulani herdsmen in different parts of Nigeria, have long been predicted as the expected outcome of the fragile colonial threads with which the different ethno- religious groups in pre-colonial Nigeria were strewn together, and the resultant faulty needlework of both our nationhood and security architecture. For a nation that has existed for well over half a century in a technological age, the proper diagnosis of this internal malaise and the correct prescription to tackle the condition, ought to have already become a foregone conclusion but the Nigerian security situation continues to be a study in contradictions. When the sanctity of human life and the primary purpose of Government to protect the fundamental freedoms of life, liberty and property, is considered in tandem with the gruesomeness and frequency with which lives are crushed in parts of Nigeria by Fulani herdsmen, the question which agitates the mind, is how the nation and successive governments, have managed to show unusual resistance against the expected consequences of such abdication of Government’s primal duty rooted in the social contract. The expected outcome of such failure of govern-
ment in its primary duty of the protection of fundamental freedoms, has been identified by social contract theorists to include change of government, resort to self- help, self-defence, civil disobedience, anarchy etc. The U.S. Declaration of Independence endorses such outcome thus: “Whenever any form of government becomes destructive to these ends [i.e., rights to life, liberty and pursuit of happiness], it is the right of the people to alter or to abolish it, and to institute new government”. Nigeria, though a near perfect example of the failure of government to secure those fundamental freedoms and enforce the sanctioning power of law against infractions, as seen in the recent killings in Benue and Plateau States, has continued, like Giffen goods, to show unusual resistance or resilience against the expected results of such failure. July 17 Daniel Hassan Bwala’s Interview ‘State Police Cannot be Delayed any Further’ The Nigerian political terrain, is unarguably, extremely complex. Stormy, treacherous, and unpredictable. But the patriotic zeal to serve his people, who have had the misfortune of being the hotbed of the Boko Haram insurgency, has motivated Daniel Hassan Bwala, to run for the office of Senator representing the Borno South Senatorial District, in the 2019 elections. Onikepo Braithwaite and Jude Igbanoi, sought to know from him, why he has made the decision to leave the comfort of legal practice, to venture into the murky waters of partisan politics, in a place which has been devastated and ravaged by insurgency. He also spoke to us about other issues, including the relationship between the Legislature and the Executive, the necessity of State Police, and Executive Order No. 6. “Lawyers know the law, and so are better placed to make laws for peace, order and good government in a democratic society, especially one like ours. So, it’s beyond perception, it is a fact. The good people of Borno South will through me, benefit from good and well- informed, people-oriented legislation, that capture and address their yearnings. You will recall that we have had times when laws made by the National Assembly were tested before our courts, and found to be contrary to the Constitution, and therefore, void, illegal and inapplicable to the extent of their unconstitutionality.” I practice law, and I have, and will continue, to use the proceeds from my legal practice for this endeavour. I have spent millions already, on grassroot mobilisation. I intend to use crowd funding as well, after securing my Party’s ticket, to aid the financial demands of this endeavour. People from within and outside the country, have called to show support. We are also encouraging the good people of Southern Borno to make sacrifices, albeit temporally, by shunning vote buying and supporting their consciences, as that will be the only way to salvage the past and their future. People are now realising that, money is not everything; for example, the 2015 elections in Nigeria. We will focus on raising
volunteers and grassroot support base. Recently, Alexandria Ocasio- Cortez of Bronx, New York, defeated a tenth term Democratic congressman in the primaries, with a minimal budget of a little above hundred thousand dollars (USD100,000.00), as compared to the budget of the congressman, which was over a million dollars.” July 24 Buhari’s Visit to the ICC: How Ironic The Nigerian Human Rights Community, are up in arms over the invitation of President Buhari to the International Crime Court’s celebration of the 20th anniversary of its Rome Statute, in light of the dismal and despicable human rights record of this administration, and its flagrant disobedience of court orders. Human Rights Activists have urged the Court to task Buhari, on documented abuses of human rights in Nigeria, particularly against the backdrop of the US Department of State 2017 Human Rights Report, which catalogued issues of extrajudicial killings; disappearances, and arbitrary detentions and torture, particularly in detention facilities in Nigeria, under this administration. So, what was the rationale behind Buhari’s invitation to the ICC? In whose interest, was he invited? Did he deserve to be invited? What was the agenda? How will the Court score Buhari’s human rights record at the end of his tenure? International Law Experts Francis Moneke and Emmanuel Onwubiko, interrogate the issues flowing from Buhari’s ICC visit July 31 Who is Afraid of Defections? Like a scene out of a Hollywood Action movie, Security Operatives barricaded the residences of the Principal Officers of the National Assembly last Tuesday, preventing them from going to perform their legislative duties. While many are of the view that, this was to ostensibly to prevent the Senate President, Dr. Bukola Saraki, and his Deputy, Ike Ekweremadu, from reaching the National Assembly, where a gale of defections was scheduled to take place, others believe that it was an attempted coup against the Legislature, and a further step towards the realisation of a totalitarian State. Chief Ferdinand Orbih, SAN, Kingsley Amaku and Jide Ojo, examine the labyrinth of issues in the saga, and posit that, what occurred, is beyond mere politics August 7 George Etomi Interview’s ‘We’re Prepared to Deliver a World-Class NBA-AGC’ Nigerian Lawyers will converge in Abuja, the nation’s capital, for the 2018 Annual General Conference of the Nigerian Bar Association (NBA). This flagship event of the Association, usually attracts over 10,000 participants. It is on record that, every NBA-AGC, has always presented its peculiar logistic challenges, and to eliminate the perennial complaints of Conferees, the NBA selected a veteran Organiser of many A-class Conferences, Mr. George Etomi, to be the Chairman of the 2018 Conference Planning Committee. He discussed with Onikepo Braithwaite and Jude Igbanoi, the extensive preparations that have gone into the Conference, which will hold from August 26th - 30th, 2018, with the theme “Transition, Transformation and Sustainable Institutions”, the Keynote Address to be delivered by His Excellency, the President of the Republic of Ghana, Nana Akufo-Addo August 14 Mr. Biriyai Dambo, SAN’s Interview ‘My Nembe People, Asked Me to Run for Senate’ It is a globally accepted norm, that Lawyers, by the very nature of their multidisciplinary training, make excellent Politicians. However, only the most altruistic of Lawyers, would leave the comfort of a lucrative legal practice, especially a Senior Advocate of Nigeria, who has reached the peak of his legal career, to seek elective political office as a Senator. This is what Mr. Biriyai Dambo, SAN has agreed to do, at the behest of his people. He spoke to Onikepo Braithwaite and Jude Igbanoi at his office in Lagos, last week, about the long standing rotational political arrangement in his Bayelsa East Senatorial District, which now qualifies him to run for office, the development in Bayelsa State since its inception in 1996, mostly the milestones achieved by the ‘Restoration Administration’ of Governor Seriake Dickson, and his Manifesto. August 21 Aguma, San: Passage of a Legal Icon
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2018 IN RETROSPECT CONTINUED FROM PAGE 13 For the Nigerian Bar and the people of Rivers State, a huge vacuum has been created, with the sudden demise of a member of the Inner Bar, Attorney-General and Commissioner of Justice, Rivers State, Emmanuel Chinwenwo Aguma, SAN at a London Hospital on Friday, August 10, 2018. Many have without reservation, attested to his brilliance, amazing sense of responsibility, uncommon passion, loyalty, courage, and dedication in his service to his State and the Bar. He could be described as having been born with a silver spoon, yet Chinwe Aguma overlooked his pristine pedigree, and studiously worked his way up the professional ladder to the pinnacle, receiving the well deserved honour of Senior Advocate of Nigeria in 2015. That he passed on at age 57, at the height of his career, in his most productive years, is saddening. His footprints have, however, been written on the sands of time. THISDAY LAWYER in a Special Edition, dedicated a compendium of Tributes to his memory. August 28 Controversial NBA Elections and the Future of the Bar Nigeria’s umbrella body of Lawyers and the largest Bar Association in Africa, the Nigerian Bar Association (NBA), concluded its elections into national offices last week. Criticisms have continued to trail the exercise, even as the outgoing Exco is preparing to swear in the incoming one this week, despite complaints and calls for the cancellation of the elections. The candidates for the office of President, claim that the election was planned with a predetermined winner, and skewed in favour of a particular candidate, even before Lawyers cast their votes. On the whole, many say that it does appear that the NBA has learnt lessons, from the Port Harcourt debacle of 1992. That despite the challenges and complaints, the Bar must forge ahead to play its role of defending the rule of law, as enshrined in its Motto and Constitution. While Paul Usoro, SAN, the incoming President of the NBA, answered a few questions for THIS DAY LAWYER, Dr Chidi Anselm Odinkalu, Professor Ernest Ojukwu, SAN and Olumuyiwa Olowokure, write and examine the various complex issues that flowed from the elections, which many Lawyers have declared to be the most controversial, in the over six decade history of the Association September 4 Akufo-Addo: African States Must Build Sustainable Institutions The Nigerian Bar Association (NBA) held its 58th Annual General Conference in Abuja last week, August 26-31, 2018, amidst several complaints and criticisms, over the elections that led to the emergence of the new Executive Committee led by Paul Usoro, SAN and the inadequacy of conference materials, despite the very high conference registration fees. THIS DAY LAWYER reports on the weeklong event. September 11 Dr. Uju Agomoh’s Interview ‘Our Criminal Justice System Lacks Coordination’ Nigeria is on record, as one of the countries with the worst penal institutions in the world. Statistics over the years, have shown that, the nation’s prisons are not only overcrowded with inmates incarcerated in the most deplorable conditions, Nigeria also has an extremely high number of awaiting trial inmates. Interventions from civil society organisations and legal aid institutions, have been poorly funded and inadequate. But, the Executive Director of Prisoners’ Rehabilitation and Welfare Action (PRAWA), Dr. Uju Agomoh, has in the past 24 years, struggled in her quest to see Nigerian prison inmates, exist in more humane conditions, and come out from confinement, reformed. She told Onikepo Braithwaite and Jude Igbanoi last Friday, amongst other things, about her passion, which is to see Nigerian prisons decongested, the death penalty abolished, and why, come 2019, she wishes to represent her constituency in the House of Representatives. September 18 Executive Order 6: Militocracy by Another Name? In the past one year, the nation has continued to witness a resort to Executive Orders by the Presidency. The first five orders were tolerated by Nigerians, but the Executive Order 6 captioned ‘Preservation of Suspicious Assets Connected with Corruption and Other Related Offences’, left a sour taste in the mouths of many Nigerians. The perception now is that, for whatever reason, the Order is not only ill intentioned, but a usurpation of the powers of the Legislature. Dr. Sam Amadi
Kutigi CJN (Rtd): Exit Of A Judicial Icon The Supreme Court of Nigeria and the entire Nigerian Judiciary, last week, lost one of its own, with the passage of the 11th Chief Justice of Nigeria, Honourable Justice Idris Legbo Kutigi GCON, who died in a London hospital at the age of 78. Described by many as an incorruptible Judge, Kutigi was also perceived by his peers, as the conscience of the Apex Court. President of the Nigerian Bar Association, Paul Usoro, SAN, Sebastine Hon, SAN, Chukwuma Ekomaru, SAN and Ahmed Gambo Saleh, pay tributes to this great judicial titan. May Allah, in His infinite mercy, grant him Aljannah Firdaus. Ameen.
and Chris Akiri x-ray the provisions of the Order, and why it is antithetical to governance in a Democracy. September 25 Professor Joy Ngozi Ezeilo’s Interview Turin, Italy Has Over 3,000 Nigerian Prostitutes Nigeria’s ranking on the global human trafficking index, is high. Efforts over the past few years, to stem the ugly tide of movement of Nigerian youths to Europe, have yielded unimpressive results. Some of the reasons for this, are several intertwining factors, including poverty, unemployment, gender inequality, discrimination, corruption, sectarian conflicts, porous borders, the declining economy, cultural and social norms, including fetish practices of oath swearing at shrines or those administered by native doctors, to ensure secrecy and instill fear on trafficked persons, not to expose their traffickers and to ensure their full compliance to the illegal contracts they have entered into with their traffickers. Professor Joy Ngozi Ezeilo remains undaunted in her fight, to see that Nigeria gets out of this ugly malaise. The former United Nations Special Rapporteur on Human Trafficking, narrated to Onikepo Braithwaite and Jude Igbanoi, her experience traversing over 100 countries, in the quest to eliminate the inhuman practice. She also shared her thoughts on the plight of women in the Nigerian society, including the dangers of female genital mutilation, and why Nigeria needs to urgently address the worrisome trend of rising sexual harassment in the nation’s tertiary institutions. October 2 Fallacious: APC’s Victory In Osun The sequence of events, that played out in the just concluded gubernatorial election in Osun State, have had political pundits questioning the depth of Nigeria’s democracy. Arguments are rife, as to whether a rerun election was really necessary in the Osun election, or whether INEC should have simply declared a winner on Sunday September 23, 2018, instead of declaring the September 22 election inconclusive, given the provisions of Section 179(2) of the 1999 Constitution of the Federal Republic of Nigeria. What lessons are there to be learnt, especially as the 2019 general elections are upon us? How impartial and independent is INEC? Dr Kayode Ajulo, Tolu Adetomiwa and Nwora Ike Obiora interrogate the legal and constitutional complexities, that have arisen from the Osun election. October 9 The Senior Advocate of Nigeria: Pillar or Predator? The desire of most Nigerian Lawyers, is to attain the pinnacle of the legal profession, which is epitomised with the conferment of the rank of Senior Advocate of Nigeria (SAN), the equivalent of Queen’s Counsel in England. The race to the top for a Nigerian Lawyer, is tortuous and challenging, especially with the strenuous requirements. However, the advantages and privileges the rank confers are enormous,
even though they come with responsibilities. Oluwemimo Ogunde, SAN in eulogising Chief Wale Taiwo, SAN, a new entrant into the coveted Inner Bar, sheds some light on the perceptions and misconceptions about the rank, and what it really typifies. October 16 IBA 2018 Conference: Tackling Global Issues of Concern The International Bar Association (IBA), is known and referred to as, the Global Voice of the Legal Profession, for understandable reasons. Its 2018 Annual Conference, which held in the ancient city of Rome last week, was an eloquent attestation of its undeniable role, as a pull and melting pot of Lawyers from all jurisdictions of the world. Onikepo Braithwaite and Jude Igbanoi who were delegates to the conference, report on the proceedings of the weeklong annual momentous event October 23 Two covers were featured in this bumper edition Cover 1: Travel Ban on 50 Nigerians, Unlawful and Illegal The recent announcement, that the Federal Government has placed 50 alleged corrupt Nigerians on a travel ban, on the heels of President Muhammadu Buhari’s Executive Order Number 6, has drawn both the approval and ire of many, including concerned Legal Practitioners, Human Rights Activists and Civil Society Organisations. While some have applauded the recent developments, as a step in the right direction for the anti-corruption war, others have described it as being without any legal basis, arbitrary, repressive and illegal. Professor Fidelis Oditah QC, SAN, J.S. Okutekpa, SAN and Chief Goddy Uwazurike, query the rationale behind Executive Order No. 6 and the travel ban, and their likely implications on the nation’s fight against corruption, and march towards true democracy Cover 2: ‘At CIArb Conference, Young Arbitrators will be Mentored’ From October 24-26, 2018, Abuja, the nation’s capital, will play host to Arbitrators from around Africa and beyond, when the Chartered Institute of Arbitrators, holds its 19th Annual Conference. The Annual Conference of CIArb Nigeria Branch, is one of the premier international Arbitration and ADR Conferences, held in the region. It brings together scholars, practitioners, and students from all over the world, for an annual discussion on the prospects and challenges, which drive the international arbitration and ADR community. The Chairman of the 2018 Conference Planning Committee, Hon. Sola Ephraim- Oluwanuga, FCIArb, spoke to Onikepo Braithwaite and Jude Igbanoi about the upcoming Conference; informing us that, delegates drawn from different regions of the world, and highly experienced speakers in the field of Arbitration and ADR, will be in attendance, to provide different perspectives on the highly topical issues to be discussed, and why the Conference is a must, for all arbitrators, young and old October 30
November 6 Jamal Khashoggi’s Murder Raises International Furore The horrific murder of Saudi Arabian Journalist and Author, Jamal Khashoggi in the Saudi Arabian Consulate in Istanbul, Turkey on October 2, 2018, has engendered diplomatic fireworks between Saudi Arabia, Turkey and the United States of America. The controversies, suspicions, and speculations which have trailed his gruesome murder, are not likely to go away soon. With Turkey pointing accusing fingers at Saudi Arabia, whose government Khashoggi was highly critical of, 18 suspects have been arrested, but the Saudi Government has refused to accede to Turkey’s request, for the extradition of the suspects to Istanbul to face trial. Emeka Eze and Francis Moneke analyse and examine the various international legal regimes surrounding diplomatic and consular relations between countries, the assassination, and their likely implications on the diplomatic relations between the three countries November 13 No Justification For Killing Protesting Shiites Since December 2015, the fundamentalist leader of the Islamic Movement of Nigeria (IMN)(also known as the Shiites), Sheik Ibrahim El-Zakzaky, and his wife, Zeenah, have been in ‘incommunicado’ detention in Abuja, following a violent clash between his followers and the Nigerian Army in Zaria. Despite having been granted bail by the courts, his continued detention led his followers to embark on massive protests in the nation’s capital, Abuja, a couple of weeks ago, leaving many people dead and injured, as a result of the Nigerian Army opening fire on the protesters.Emmanuel Onwubiko, Daniel Igiekhumhe and Okey Nwanguma, condemn the killings as extra-judicial, inhumane, and a breach of international law, while calling on the Government to adhere to the rule of law, and obey the court orders to release the detained cleric and his wife. November 20 ‘Courts Cannot Choose Candidates For Elections’ Since the Nigerian Bar Association’s Section on Legal Practice bounced back after a two-year hiatus, it has not looked back in fulfilling its mandate to provide continuous legal education to its members. Again, the Section brings Nigerian Lawyers, Judges, Officials of the Independent National Electoral Commission, and other Stakeholders to Port Harcourt, the Rivers State capital on December 3, 2018, for a one-day Conference themed “The Role of Litigation in the 2019 Nigeria Electoral Process”. Onikepo Braithwaite and Jude Igbanoi had a chat with the Chairman of the Conference Planning Committee, Chief Ferdinand Orbih, SAN, on what the Conference seeks to achieve, and what Lawyers should look forward to in Port Harcourt November 27 ALP: A Convergence of Skills, Experience and Knowledge In recent times, the legal world has been moving towards Law Firm Partnerships, as the way to go for the future. In this new series, THISDAY LAWYER seeks to look into the hows and whys of partnerships, the reasons for their creation, their structure, development and sustainability, in order to assist those of us who may be seeking to form partnerships. In May 2017, in the Nigerian legal industry, four successful legal practitioners came together in a merger, which in barely one year, admitted two new partners and metamorphosed into a continental law firm, now know as Africa Law Practice (ALP Legal or ALP). Onikepo Braithwaite and Jude Igbanoi visited the law offices of the
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2018 IN RETROSPECT CONTINUED FROM PAGE 14 firm, and had a chat with the six partners, Olasupo Shasore, SAN, Uyiekpen Giwa- Osagie, Aisha Rimi, Oyinkan Badejo-Okusanya, Bello Salihu and Atinuke Dosunmu. They let THISDAY LAWYER into why and how they started, their rules of operation, the secret of their success, how they have fared in less than two years, and their plans to conquer the African legal space. December 4 ‘Money is too Central to Nigeria’s Electoral Process’ In 1999, he left a glowing career, as a Senior Lecturer at the University of Lagos Law Faculty, to become the Lagos State Commissioner for Transportation, and later, Environment, during Senator Bola Ahmed Tinubu’s tenure as Governor. Dr. Muiz Banire, SAN, after leaving office, completed his LL.D degree at the University of Lagos, delved into active legal practice, and in 2015, was elevated to the Inner Bar as a Senior Advocate of Nigeria, through litigation. The former National Legal Adviser of the ruling APC, and now, Chairman of the Assets Management Corporation of Nigeria (AMCON), told Onikepo Braithwaite and Jude Igbanoi in an engaging conversation, about his initiative, United Action for Change, a non-partisan apolitical group, why he would not seek elective office, and unveiled some of his plans to strengthen AMCON, and ensure it plays its statutory role December 11 NBA-SLP: The Role of Litigation in the 2019 Nigeria Electoral Process His Excellency, Nyesom Ezenwo Wike, CON, GSSRS, POS (Africa), Governor of Rivers State presented the keynote lecture 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. “It 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
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 judgment. 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 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 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
NBA-SLP Trains Lawyers on Litigating Election Petitions 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 The 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. December 18 – Dr Wale Babalakin SAN’s ‘ASUU is relying on a Nonexistent Document’ Only men with courage and passion, can accept a role like chairing the Federal Government Negotiating Committee on the Academic Staff Union of Universities (ASUU) crisis. Dr Babalakin has had the unenviable task, of leading the team saddled with the task of finding a lasting panacea to incessant strikes, which have plagued the Nigerian tertiary education system for a while. As the ASUU-Federal Government negotiations hit a deadlock again last week, Onikepo Braithwaite and Jude Igbanoi met up with the Pro Chancellor of the University of Lagos, Lawyer, Business Mogul and Philanthropist Extraordinaire, Dr. Bolanle Olawale Babalakin, SAN, at his expansive offices in Victoria Island, Lagos, to find out how his Committee is handling the crisis which has bedeviled the nation’s Federal Universities. He has a track record in university administration, as he was formerly Pro Chancellor, University of Maiduguri from 2009 to 2013, and at the same time, Chairman of the Committee of Pro Chancellors of Federal Universities. He spoke extensively about the issues with ASUU, the falling standard of education in Nigeria, his company, Bicourtney and the cancelled Lagos-Ibadan Expressway contract, and why he believes AMCON and its processes, should be thoroughly examined. Epilogue As 2018 comes to an end, the legal profession in Nigeria can be said to have witnessed major upheavals. The NBA went through a rather chaotic election in August, resulting in a litany of litigations. Several Lawyers were kidnapped and some lost their lives in the hands of their captors, while some died as a result accidents and ill-health. The tail end of the year has been rather unpleasant, especially with the ongoing trail of the President of the NBA, Mr. Paul Usoro, SAN by the EFCC, for alleged financial crimes bordering on money laundering and other related crimes. Some have asked, is the Bar on trial? On a rather sad note, there are ominous signs that the Bar may be losing its cohesion and strength, as clandestine moves are on, to create parallel profession bodies of Lawyers. The resilience of the Nigerian Lawyer cannot be underestimated, and many are of the strong belief that these challenges, like many other in the past, will be overcome come 2019, and greater Bar would emerge.
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COURTESY VISIT
L-R: Lifebuoy Brand Manager, Lanre Odupe; brand ambassador Omawumi; First Lady Benue State, Dr Eunice Ortom; Executive Secretary,Benue State Emergency Agency (SEMA,)Mr Emmanuel Shior and Executive Director, Dericks Dim Care NGO, Mshelia Jamal, during Lifebuoy’s courtesy visit to the Benue State Government in Makurdi...recently
Nigeria’sOilProductionNowSteadily on Decline, NEITI Warns Stories by Chineme Okafor in Abuja
ENERGY
The Nigeria Extractive Industries Transparency Initiative (NEITI) has expressed concern that Nigeria’s oil production has been on a steady decline since 2012. According to NEITI, the sharpest decline within these periods were recorded in 2015 and 2016. NEITI equally stated in its 2016 audit report of the country’s oil and gas industry that lifting of oil from Nigeria within the period had declined, just as oil revenue did. “The total crude oil production in 2016 was 659,137 million barrels (mbbls) which is less
than 2015 production figure of 776,668mbbls by 117,531mbbl representing a 15.13 per cent drop. “There has been a steady decline from 2012 to 2016, with the sharpest drop occurring in 2015 and 2016. Similarly, total crude oil lifting in 2016 dropped by 112,280mbbls from 780,429mbbls in 2015 to 668,148mbbls in 2016, representing a 14.39 per cent decrease,� said NEITI, which asked the Department of Petroleum Resources (DPR) to go after a number of oil companies owing Nigeria revenue in form of royalty and fines on
gas flaring amongst others. Continuing, it said: “After surviving the slump in the global oil market in 2008 and 2009, Nigeria’s oil sector rebounded in 2010 with a 49 per cent increase in total financial flows to $44.94 billion, followed by the peak of $68.44 billion in 2011. “However, flows from the sector have been trending downward since that peak year with $62.94 billion generated in 2012, $58.08 billion in 2013, $54.56 billion in 2014, and $24.79 billion in 2015. Similarly, oil production has been on steady decline with 866 million barrels produced in 2012; 800 million barrels in 2013; 798 million barrels in 2014;
776 million barrels in 2015; and 659 million barrels in 2016. According to NEITI: “Yearly average price of crude oil per barrel was $43.73 in 2016 as against $52.5 in 2015. Total oil production in 2016 was 659 million barrels as against 776 million barrels produced in 2015, a fall of 15 per cent. “Losses due to crude oil theft and sabotage rose from 27 million barrels in 2015 to 101 million barrels in 2016, an increase of 274 per cent. This was aside losses due to deferment, which in 2016 was put at 144 million barrels which also went up by 65 per cent when compared to the 87.5 Continued on page 24
Buhari Directs Military Formations to Be Metered by Discos President Muhammadu Buhari, has directed that all military formations across Nigeria are yet to be provided meters by electricity distribution companies (Discos) be opened for Discos to install meters in them for ease of electricity revenue recovery, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, has disclosed. Fashola disclosed this in a statement, saying the president gave the order bearing in mind the difficulties of the Discos in metering military formations such as barracks, as well as collecting revenues for electricity sent to them but billed using the estimated methodology. The Discos, had in the past reported violent abuses of its officials by occupants
ENERGY of military formations who often resort to threats and even beating up of Discos’ staff whenever they tried to collect monies for power supplied, or even make attempts to disconnect the barracks from supply mains. But in the statement where Fashola asked Nigerians to understand the intricacies of electric power privatisation, especially its gradual but steady approach to producing results, he said the presidential order was a departure from what obtained in the past. “Let’s be consistent here and let us understand that the decision to privatise is a matter of policy. When policy is made, it takes time to take
effect. When it begins to take effect, its impact takes time to spread. “And that is why we can share here that five years ago nobody could talk about minigrid, we are talking about it now; five years ago nobody was talking about Meter Asset Provider, we are talking about it today, five years ago who dared to go into the military formation to meter them; the President has directed that all the military formations must be metered,� said Fashola. He also called for caution on calls for the 2013 power privatisation to be cancelled, stating that the government had operated the sector for 60 years before Nigeria decided to have it run by the private sector.
According to him: “Let’s be careful what we wish for. We wished, many years ago, after 60 years or so of government run power, we wished and decided that private sector should take over this power. That was our decision. No sooner had we decided, five years after, we are now asking government to take it from them. Is that what we really want?� He reiterated that all the assets that the ministry of power used to control for power distribution have been sold to private operators under the privatisation exercise, adding that the ministry only superintend the sector now but not run it.
EthiopianAirlinesisoering25percentdiscountonfarestoselected destinationsfromLagostoallittravelpartnersasawayofappreciating its esteemed customers and in celebration of the Yuletide season,. According to the airline, sales of the discounted fares commenced on December 12 and would end on December 31, 2018. Ethiopian Airlines said the activation date for booked tickets by customers would commence on January 1, 2019. TheEastAfricancarriersaidtheselecteddestinationsincludeDubai International Airport, Khartoum International Airport, Sudan, Cairo International Airport, Beirut–RaďŹ c Hariri International Airport, King Abdulaziz International Airport, Jeddah, Hamad International Airport, Doha, Kuwait International Airport, King Khalid International Airport, Riyadh, and Guangzhou Baiyun International Airport. Other destinations are Shanghai Pudong International Airport, LapanganTerbang Antarabangsa Kuala Lumpur, Malaysia, Lapangan TerbangChangi,Singapore,JomoKenyattaInternationalAirportNairobi, Kigali International Airport, Kigali Rwanda. It further stated that the fares discount also covers destinations such as Entebbe International Airport Entebbe, Uganda, O. R.Tambo International Airport, Johannesburg, CapeTown International Airport AĂŠroportInternationalDeDjibouti,DullesInternationalAirport,WashingtonD.C,LosAngelesInternationalAirport, O’hareInternationalAirport, Chicago. Other destinations include also include Liberty International Airport,Newarknjusa,FlughafenFrankfurtAmMainFrankfurt,AĂŠroport International De Genève, Oslo Lufthavn, Oslo Norway, Aerfort Bhaile Ă tha Cliath Dublin Ireland and Manchester Airport, Manchester, UK. Ethiopian Airlines stated that customers will have to travel on New Year day to enjoy the 25 percent discount.
Dana Wins Award
One of Nigeria’s leading airlines Dana Air has won the award for Africa’s Best Airline of the year 2018 in the domestic operations category, at the Development in Africa Merits Award (DAMA) held recentlyatSheratonHotels,Lagos.DAMAawardsisayearlyconference and awards ceremony organised annually by Delta Business School Limited, to recognise corporate organisations and individuals who have contributed immensely to the development of Africa through their service, humanitarian activities, business model and creativity. The merit award also celebrates leading businesses and academics inNigeriaandAfricawhohaveraisedthebar,andsettingnewstandards through creative and innovative products, ideas and services. The Media and Communications Manager of Dana Air, Kingsley Ezenwa, who received the award on behalf of the airline said, “We are honoured to be recognised as Africa’s Best Airline in the domestic category.This award is a conďŹ rmation that Africa and indeed the world is watching and we are glad that we are making Nigeria proud with our customer-centric products geared towards improving customer experience and value added services.’’ He noted that “exceeding the ying aspirations our guests and giving back to the society in which we operate are part of our secrets of success having own for 10 years in Nigeria, and this award is a motivation for us to continue to raise the bar of our operational eďŹƒciency, safety and service delivery.â€?
Branch Wins ArtiďŹ cial Intelligence Award
Branch, a startup focused on credit lending in Nigeria has won the ArtiďŹ cial Intelligence (AI) excellence award at the African Fintech Summit, a global initiative which was founded on the idea that ďŹ ntech can unleash unprecedented economic ďŹ repower in Africa.The event took place in Lagos recently. Branch, alongside other local and international start-ups and companies operating in the ďŹ nancial technology space were present at the summit. Branch was awarded with the excellence award for best use of AI (ArtiďŹ cial Intelligence) in ďŹ nancial innovation. Reacting to the award, the General Manager of Branch Nigeria, Maria Rotilu expressed gratitude for the recognition and reaďŹƒrmed the Branch’s commitment to its users. “We are committed to continuously oer world-class ďŹ nancial services to our esteemed users, through continuous advancement ofourtechnologytoalloweveryNigerianaccesstobestinclassďŹ nancial services via their mobile phoneâ€? ArtiďŹ cialIntelligencesitsatthecoreofBranch’soperationalprocesses
“The Abia Economic City project will blossom and create 200,000 jobs because of the sheer enormity of the positive effects on my people. I see the concomitant impact on the life of my people and area�
Abia State Governor,
Okezie Ikpeazu Continued on page 24
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million barrels in 2015.� It explained that Nigeria’s oil industry experienced peculiar challenges in 2016 which included the bombing of the under-water 48-inch Forcados oil loading and export pipeline. “This incident occurred in February 2016 and the line remained in-operational for seven months. Shell Petroleum Development Company (SPDC) declared force majeure on lifting from Forcados on 21st February 2016. Companies injecting into the Forcados Terminal such as SEPLAT, Pan Ocean, Mid-Western, Energia, Platform, Pillar, Waltersmith, and Excel shut down production for over 147 days. “In addition, SPDC declared force majeure on the Bonny Terminal due to a leak in Nembe Creek Pipeline between May and July 2016 while NAOC declared force majeure on the Brass Terminal between July and August 2016. “Similarly, Mobil Producing Nigeria Unlimited declared Force Majeure twice between May and June and July and October 2016. BUHARI DIRECTS MILITARY FORMATIONS TO BE METERED BY DISCOS
“If your telephone is not working, it is not the minister of communication that you go to; let us be very clear. My role is regulatory, oversight and policy. I cannot separate myself from the problem; I am trying to get involved to do what the law allows me to do. So, the people you should be talking to about transformer is not me; the ministry does not supply transformer anymore,� he stated while adding that government Ministries, Departments and Agencies (MDAs) now pay their electricity bills regularly. He noted in this regards: “I just signed the letter for this month because our office is the collection warehouse. This wasn’t happening five years ago. So, we are making progress and let no one downplay that.�
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
NEWS
Onafowakan: Egina FPSO, Others, Game Changer for Coleman Peter Uzoho The Managing Director of Coleman Wires and Cables Limited, Mr. George Onafowakan, has attributed the growth of the company to a number of factors including the Egina Floating Production Storage and Offloading (FPSO), specifically, saying the Egina platform was a game changer for Coleman. Onafowakan, stated this in an interview with journalists in Lagos. According to him, the support of the Nigerian Content Act, the Nigerian Content Development and Monitoring Board (NCDMB), the Bank of Industry (BOI) coupled with the company’s strategic planning, commitment, skilled workforce and continuous training have also contributed to the company’s growth. He said: “For the oil and gas industry, it would do something we have never done before. Take the case of Egina Floating Production Storage and Offloading, FPSO platform for example. “It was a game changer for us because we only produced about three per cent of the cables used. But this rubber insulated and sheathed cable factory would produce 100 per cent of the cables of the FPSO in Nigeria as well as other Oil and Gas Refineries projects like the NLNG trains 7. “In addition, the cables are also used in the Marine Vessels and in the Mining Industry. We also look forward to taking part in many other projects in the
oil and gas industry. “We got financial support from the bank of Industry, BOI. It’s been a great impact on our development. Without the BOI, we would not have grown to the extent that we have because if you depend solely on the commercial banks, you will not make much progress because they charge very high interest rates. “In fact, the interest rates will kill you because even if a commercial bank gives you a five-year loan, charging you 25 per cent per annum, you’ll pay more than double the money by the time you finish paying.� According to him, the
NCDMB under the current Executive Secretary, Simbi Wabote, has extremely impacted the industry within a short period of time, pointing out that the industry has gone from one level to ten levels in the past two years. He said some of the projects done by Coleman were driven by the Local Content Act of 2010, adding that they were encouraged to go into the High Voltage Cable production and currently planning to go into EPR Rubber cable production. He further said: “We are a one-stop-shop that produces a wide range of cables such as make house wire cables,
distribution cables, armoured and non-armoured cables, communication cables, control cables, solar cables and high voltage cables, thus making us the only producers of high voltage cables in West Africa. “We also produce high voltage cables, thus making Nigeria the 6th country in in the continent to do so. “For me, one of the major driving forces has been ourselves and the team. For me, as a team lead, I’m one that believes in the Nigerian dream, one that believes that we should not sell imported cables. So, Coleman has a standard rule, it does not sell any cable it cannot produce.
“We are highly committed to them. Already, many people and organisations have commended us for such commitment. Our emphasis has always been on training Nigerians to take over, believing that Nigerians have the ability to play even technical roles that we think we can’t. So, it’s all about training, and capacity building.� However, Onafowakan, condemned the importation of fake and low quality products into Nigeria, urging relevant agencies of government to do more in curbing the massive importation of fake and low quality products into the country.
CORPORATE SOCIAL RESPONSIBILITY
L-R: Deputy Director, Planning, Research & Statistics, Oyo Education Trust Fund (ETF), Oyeyemi Ojo; Managing Director, PZ Consumer, Mr Alex Goma; Director, Human Resource & Admin, PZ Cussons Nigeria Plc, Mrs Joyce Folake Coker; CEO, Mr Christos Giannopoulos; Chairman OYO ETF, Mrs Onikepo Akande and Executive Secretary, OYO ETF, Mrs Yetunde Fatoki, during the donation of Laboratory Equipment by PZ Cussons Nigeria Plc to the state ETF in Oyo State... recently.
Lawmakers Back Local Pipe Manufacturing Companies Jonathan Eze The National Assembly is to back two major Nigerian companies in the business of pipe making and coating in the oil and gas industry in Nigeria. Disclosing this at the end of a day inspection visit to Solewant Nigeria Limited, a $48billion paint and cement pipe coating factory at Alode, Eleme in Rivers State, Senator Solomon Adeola, the Chair-
man of Senate Committee on Local Content in the company of Hon. Emmanuel Ekong, the Chairman of House of Representatives Committee on Local Content, among others, stated that not only are the companies employing hundreds of Nigerians but they are in compliance with international standards. “From what we have seen in the factory and the briefing on their operations, Solewant Nigeria Limited and another
company in Abuja are the only two functional out of four similar companies in Nigeria meeting requirements for oil and gas contracts from international oil companies, NNPC, NNLG and other such organisations operating in Nigeria. “There is no reason for them not to have first consideration in such contracts in compliance with Local Content Act 2010� Adeola stated. This was contained
in a statement sent to THISDAY. The senator said it was commendable that the company is 100 per cent Nigerian owned, stressing that with more patronage according to Local Content Law, the company would be able to increase its work force of 250 Nigerians further as well as reduce down time of the factory. Earlier, the Chief Executive Officer of the
company, Mr. Solomon Ewanehi, told the lawmakers that the company has a track record of successful execution of projects for NNPC, Total Nig Ltd, ExxonMobil, among others, adding that the challenge facing the company has to do with non- patronage by some exploration and production companies in the oil sector who still give out contracts to foreign firms for work they could do here in Nigeria.
Yaba and over 800 widows who are beneficiaries “Also we have changing testimonials of our impact from our members who have been touched while interacting with organisation. We have volunteers in the service of humanity who brings their expertise, talents, compassion and goodwill to bear on our beneficiaries.� She added: “In our 61st year, we still strive for more impact which is the reason we are gathered here today for humanity sake and the service that calls us to give
our best in lifting the ones who need our help and attention the most.� Also, in an acceptance speech upon receiving an award, the Senior Special Assistant to the President on Sustainable Development Goals (SDGs), said as they deliberate on how best to strengthen their support for women, children and youths, people should “remember that we have approximately 10.5 million out-of-school children in Nigeria-the world’s highest number so far.
Group Empowers Less Privileged Oluchi Chibuzor The International Women Society (IWS), in an effort to impact lives of the less privileged in the society, has raised funds to offer dedicated services to women, youths and children to improve their living condition. This was in line with the group’s long term goal of encouraging and developing the common interest of women; help and provide cultural exchanges for women of all races in the area of home making,
children, social welfare, home finance and education. The 61st President, IWS Nigeria, Mrs. Abimbola Ademola-Bawaallah, said this in her welcome address at an event held recently in Lagos. She revealed the various areas the charity organisation had intervened within its 60 years of existence. Abimbola, highlighted several outstanding achievements that IWS had recorded since inception within the Lagos and Ijebu-Ode where they have widespread
membership. She also added that over the course of their work, they have collaborated with various stakeholders, including government, private sector and relevant volunteers, who have contributed in one way or the other. According to her, “We have presence in Lagos and Ijebu-ode with far-reaching spread and expansion plans for physical presence in other states; over 1,500 skilled work force from our skill centre, notable personnel from our Day Nursery in
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ENERGY
How Energy Sector Fared in 2018 Chineme Okafor, in this report summarises key events and developments that shaped Nigeria’s energy sector in 2018 TCN reported that it installed and energised 29 high voltage transformers and substations across the country using its in-house engineers as well as cleaning its projects’ procurement processes to weed out corrupt persons therein.
Regardless of how the year ends, the verdict amongst key stakeholders about how Nigeria’s energy sector performed in 2018, showed that development within it were largely measured. Indeed, the sector recorded mixed performance in 2018. As it had been for years now, developments in the country’s energy sector – electricity; oil; and gas, has remained poor as major policies required to move the sector forward have never really been prioritised even when reforms especially in the electricity sector have happened. Even when it is obvious the country’s economic development depends largely on how efficient its energy sector operates, governments have always opted to taking piecemeal reforms that often come up with little values. 2018, was clearly not different in this regard. Electricity Upgrading the capacity of Nigeria’s electricity market to guarantee stable supplies for the country has faced various challenges even after the reforms that happened in 2013. Though initiated to reposition the sector, the 2013 reform has yet to lead Nigeria out of darkness as the country is yet to enjoy stable power supply. In fact, reports from various agencies associated with the sector indicated that up to 60 per cent of the country’s citizens were yet to be connected to the national grid in 2018, while those connected to the grid were often left with an average of 3500 megawatts (MW) of power to use. This, means that for a country of circa 170 million people, more than half of its citizens are not linked to the grid, while the balance shared 3500MW at homes; industries; and offices amongst others. In 2018 however, developments recorded in the sector were both mixed. In terms of the positive developments, insufficient gas supply to some gas power Gencos especially those of the National Integrated Power Projects (NIPPs) remained an issue yet to be solved by the country. Also, chronic illiquidity which impacts heavily on capacity expansion, as well as government’s silence on key regulatory and market decisions such as tariff reviews, helped to give the power sector a measured achievement. Also, the poor financial situation of the sector did not get better because the Discos reportedly still failed to improve their payments to the sector for power supplied. The Discos equally did not raise their distribution capacities to take all that was generated by the Gencos every day. Over this period, operators similarly struggled with refinancing the cost of acquiring their assets, as well as making critical investments for expansion because revenue collection in the system did not get any better while the technical and commercial losses of the Discos remained high. Similarly, the sector continued to record huge accident rates following reports by the Nigerian Electricity Management Services Agency (NEMSA) in January that 87 deaths from 82 accidents occurred in the sector between January and October 2018. The NIPP which was set up in 2004 as an integral part of efforts to bridge the country’s power shortages, also had its share of the sector’s challenges along with its transmission, distribution and gas supply infrastructure. Its 10 brand new plants which have a combined production capacity of 5,455MW and slated for privatisation, were not privatised for sundry reasons. Other projects under the NIPPs were also stalled as the company struggled to stay up in the midst of crushing debt to it by the market. The country, in its push to introduce solar to its power mix, signed agreements in 2016 with investors for 14 solar power plants, but the government in 2018 did not advance that agreement that would enable 1250MW of solar electricity to be added to the grid. Additionally, the Power Sector Recovery Plan (PSRP) which was initiated to revive the 2013 reforms, did not gain traction in the year as negotiations for its loan component was not concluded. With regards to specifics, a 12-month per-
Kachikwu formance trend data obtained from the office of the Vice President, Prof. Yemi Osinbajo, by THISDAY, had shown that the sector struggled to sustain an average daily power production of 3,798MW between January 1 and December 23, 2018. The data which the paper analysed, disclosed that after the sector achieved a peak power generation of 5,222MW on December 18, 2017, it largely struggled to keep up with the trend, and for the 12 months struggled to generate and supply up to 4000MW. For the period, the highest generation and supply mark attained was the 4419.6MW achieved on March 28, while high frequency resulting from unavailability of distribution infrastructure; poor gas supplies to generation companies; and water management constraints dominated the sector. On the average for the 12 months, the sector could not supply up to 2954MW of electricity daily to homes and offices in the country due to these constraints, and in this regards lost N506.193 billion. In January, it produced and supplied an average of 3697MW daily; in February, it did 3937MW; in March, it supplied 4029MW; as well as 3985MW in April. Also, in May, 3780MW was the average daily energy level the sector could afford to produce and supply, while 3588MW was produced averagely in June. For July, it was 3619MW; 3660MW in August, and then 3,514MW in September. It generated an average of 3752MW in October; 4038MW in November; and 4086MW in December. For the unearned revenue, in January it was put at N40.419 billion; February was N35.522 billion; March was N36.399 billion; April was N33.175 billion; while June had N48.759 billion. The month of July saw the sector failing to earn N50.082 billion, while August saw it lose the most as N59.976 billion could not be earned. In September, it lost an average of N51.519 billion; N52.449 billion in October; N38.178 billion in November; and N18.690 billion in December. The trend report also indicated that for the period, a total of 243,446 metrics million standard cubic feet (mmscuf) of gas was supplied to power generation plants in the sector, thus indicating an average of 20,287mmscuf per month and 680.016mmscuf per day. Nevertheless, some remarkable steps were taken to fix some of the challenges in the sector. For instance, the government in its desire to keep the Gencos on, approved N701 billion loan for the Nigerian Bulk Electricity Trading Plc (NBET) from the Central Bank of Nigeria (CBN) to guarantee payments to gas suppliers and Gencos, and this eventually took off in the year.
In terms of capacity addition, the new 459MW Azura-Edo power plant began production. On the governance side of the sector, the NERC eventually got a chairman to give it a semblance of a complete commission even though its independence was greatly questioned by stakeholders within the year. The commission equally rolled out the eligible consumer regulation which now grants Gencos rights to directly sell excess power high demand consumers. It as well passed a regulation to support investments in mini grid, and approved the Meter Assets Provider (MAP) regulation to allow shortlisted eligible operators in the scheme partner the Discos to provide meter for consumers. The invigorated and retooled Rural Electrification Agency (REA), continued to take up new and priority task of getting power mostly through renewable energy sources to Nigerians through a suite of programmes in the forms of Energising Education Programme (EEP) and Energising Economy Initiative (EEI). Through both programme, the REA aims to supply stable electricity to 37 federal universities and seven university teaching hospitals across the country using hybrid solutions, as well as to commercial hubs across the country to support their productivity. Four markets – Sabon Gari in Kano; Ariaria in Abia; Somolu Printing Community and Sura Shopping Complex, both in Lagos, have had the pilot phases of the EEI implemented, while Sura and Sabon Gari were commissioned in 2018. Additionally, the REA galvanised the World Bank and other key operators to direct attention and funding to Nigeria’s off grid electricity market, thus highlighting to investors the immense business opportunities therein. The off grid electricity sector in 2018, thus showed it has a glorious future. On debts owed by the government agencies to Discos, the government also concluded its verification, and indicated its willingness to net them off from debts the Discos owed the market. The transmission network similarly got its share of the positives with the reappointment of Mr. Usman Gur Mohammed, a banker from the African Development Bank (AfDB) to head it. As part of his tasks, Mohammed, who was charged with reviewing the operations of the TCN for improved productivity, got on with his work and made efforts to secure at least $1.55 billion from multi-lateral donors to revive some transmission projects and expand the transmission grid. The TCN equally continued to upgrade the transmission network albeit with some reservations from the Gencos who still question the claims. Between February 2017 and August 2018, the
Oil and Gas Emerging from a global issues which affected oil prices, Nigeria’s oil industry had to, according to experts, contend with domestic challenges in 2018. Data obtained from the third quarter (Q3) 2018 Gross Domestic Product (GDP) report of the National Bureau of Statistics (NBS) indicated that an average of 1.92 million barrels (mb) of oil was produced daily within the three quarter in the country, just as real growth of the oil sector was by a negative 2.91 per cent year-on-year in Q3 2018. Quarter-on-Quarter, the NBS stated that the oil sector recorded a growth rate of 19.64 per cent in Q3 of 2018, and contributed 9.38 per cent to total real GDP in Q3 2018, down from 9.84 per cent figures recorded in the corresponding period of 2017 and up compared to the preceding quarter, where it contributed and 8.55 per cent. Despite the oil sector contributing most of Nigeria’s foreign exchange earnings, it did not in real terms impact the country’s GDP, indicating that it has not become the enabler which experts posits that it should be. Reeling out what he considered an achievement of the sector in 2018, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, who was hugely instrumental in helping member countries of the Organisation of Petroleum Exporting Countries (OPEC) to negotiate and implement production cuts that stabilised the oil market, stated that the national petroleum and gas policies were initiated and approved by the federal executive to provide clarity to investors on the government’s position with exploitation of Nigeria’s hydrocarbons. He added that the Nigeria Gas Flare Commercialisation Programme (NGFCP) to reduce the environmental, economic and social impacts of gas flare was initiated and approved, as well as the development of a wholesale gas pricing, network code and infrastructure tariff model to create a conducive situation for investment in gas infrastructure. Similarly, Kachikwu, stated that a sustainable framework for the funding of NNPC joint venture operations was initiated in 2018, while arrears of cash call debts to oil companies were been paid. Cost of oil production which he said was about $32 per barrel in 2017, was in 2018 taken up to be cut down to $15, in addition to reducing contracting cycle from between 24 and 36 months to a maximum of six months. However, the NNPC stated that its cost of production was negotiated down to $22 per barrel, and contracting cycle down to nine months in 2018. As regards new projects, the 200,000bd Egina FPSO was completed and sailed away in August, with an expectation that oil production from it would commence in earnest. On the other hand, the NNPC in its bid to keep up supply of petrol to the domestic market, continued to accumulate huge under-recoveries, just as its refineries in Kaduna, Warri and Port Harcourt worked sub-optimally and negotiations for its planned project-finance model of revamping the refineries failed to yield results in 2018. The Petroleum Industry Governance Bill (PIGB) which the legislators passed and sent to President Muhammadu Buhari, to assent to and open up the oil sector for new investments and businesses did not get through because the president declined assent to it. Additionally, no new Final Investment Decisions (FIDs) were taken on any major project in the sector, even the NLNG Train-7 which was expected to have its FID before the year ends had not happened as at the time of filing this report. Marginal fields bid rounds which industry players expected would take place in 2018 on account of the government’s hints, did not also happen.
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INDUSTRY
YearofSublimeGrowthforAgribusiness Jonathan Eze writes that 2018 was a favourable year for the agricultural sector In 2018, a total budgetary allocation of N118.98 billion was allocated to the agricultural sector. This amount was an improvement from the N103.79 billion allotted to the sector the previous year. However, the federal government was optimistic that the sum will complement the existing efforts of the Central Bank of Nigeria (CBN) to boost agricultural productivity through its development finance initiatives, especially the Anchor Borrowers Programme, Commercial Agricultural Credit Scheme (CACS) and the Nigeria Incentive-Based Risk-Sharing System for Agricultural Lending (NIRSAL). All these programmes initiated by the CBN supported the agricultural sector which after the economic recession suffered by the country was seen as the sector that would drive the government’s economic diversification programme. Speaking during the 2018 budget presentation last year, President Buhari had said: “Diversification efforts have resulted in improved output particularly in the agriculture and solid minerals sectors. The relative exchange rate stability has improved the manufacturing sector’s performance. We have got to get used to discipline and direction in economic management. “The days of business as usual are numbered. Two years ago, I appealed to people to go back to the land. I am highly gratified that agriculture has picked up, contributing to the government’s effort to restructure the economy.� “Rice imports will stop this year. Local rice, fresher and more nutritious will be on our dishes from now on,� he added. “In 2018, many factories and projects in the food and agricultural sectors were inaugurated in Kebbi, Nasarawa, Kaduna, Anambra, Edo, Jigawa, Rivers, Niger, Ogun and Ebonyi States, to mention a few. This is a clear statement that our economic diversification and inclusive growth ambitions are coming to fruition� Buhari said. Until recently, efforts by governments to encourage farmers to produce locally have ended up in futility following continued smuggling of food items which sometimes are sold cheaper than the locally produced ones. It was on this premise that President Buhari’s administration through the Ministry of Agriculture and Rural Development, called a stakeholders consultative meeting last year on illegal importation of food items into Nigeria. During the meeting, the Minister of State for Agriculture and Rural Development, Senator Heineken Lokpobiri, had said the government would ensure that smuggled food products are not sold in the country, assuring federal government’s intensified effort to address the anomaly. “The federal government will do everything
Ogbe possible to ensure that these smuggled products are not allowed to be sold in Nigeria, this is just the first step, so our appeal is that the citizens and stakeholders should try and patronise made in Nigeria rice, and that is the only way we can sustain the rice farmers, we have five million rice farmers and more people are going into rice production, we are also feeding the entire West Africa subregion, but despite all that, Thailand, India and some other countries, see Nigeria as a threat,� he said. Presidential Fertiliser Initiative In February, the presidency commenced the Presidential Fertilizer Initiative (PFI) which was approved by President Buhari in December 2016, to achieve the local production of one million metric tonnes of blended Nitrogen, Phosphorous and Potassium (NPK) Fertilizer for the 2017 wet season farming and an additional 500,000 metric tonnes for dry season farming. It all started in December when the King of Morocco, His Royal Majesty Mohammed VI, paid a 2-day state visit to Nigeria in 2016. During the visit, both leaders signed several agreements which included a partnership between Fertiliser Producers and Suppliers of Nigeria (FEPSAN) and OCP, a state-owned Moroccan company and a world leader in phosphate and its derivatives. The OCP was to supply discounted phosphate to Nigeria, to help support the domestic blending of NPK Fertiliser starting in 2017 and with that the stage was set. The objective of this initiative was to ‘disrupt’ the
importation of blended fertiliser status-quo, by directly negotiating discounted contracts to procure the 4 constituent raw materials for NPK Fertiliser which are locally-sourced urea, locally-sourced limestone granules (LSG), diammonium phosphate (DAP) imported from Morocco, and Muriate of Potash (MOP) sourced from Europe and blending these locally to produce NPK Fertiliser at reduced cost. Anchor Borrowers Scheme The broad objective of the ABP was to create economic linkage between the small holder farmers and reputable large scale processors with a view to increasing agricultural output and significantly improving capacity utilisation of processors. According to the CBN Governor, Godwin Emefiele, “As at October 2018, a total number of 862,069 farmers cultivating about 835,239 hectares, across 16 different commodities, have so far benefited from the Anchor Borrowers programme, which has generated over 2.5 million jobs across the country.� He added: “It is in light of the success of the Anchor Borrowers Program with regards to cultivation of rice and maize that the Monetary Policy Committee in its last meeting on the 21st of November 2018 recommended that the Anchor Borrowers program be applied to other areas such as palm oil, tomatoes, and fisheries to mention a few. “The CBN recently introduced the Real Sector Support fund; a facility meant to provide cheap funding at no more than nine percent to new projects in the Agric
and manufacturing sectors; aimed at boosting output and creating jobs. Agric Export in 2018 The federal government’s initiative on export especially the agricultural commodities yielded results as a total of 45, 462 metric tonnes with free on board (FOB) value of N29.146 billion of agricultural produce were exported out of Nigeria between January and March 2018. Customs Area Controller, Nigeria Customs Service (NCS), Tin Can Island Command, Comptroller Musa Abdulahi, disclosed this. Giving a breakdown of the products exported, he said agriculture products export was responsible for 38, 517 metric tonnes with FOB value of N22.435 billion while processed and manufactured goods exported was 6,945 metric tonnes valued at N6.711 billion. This, he stated represented an improvement of 558.46 per cent in terms of volume and 402.24 per cent in terms of FOB value when compared with the 8,140 metric tons valued at N7.246 billion recorded between same period in 2017. He listed the agriculture produce exported to include; cashew nut, rubber, hibiscus flower, cocoa butter, sesame seeds, processed wood, frozen shrimps and processed leather while the manufactured products were; empty bottles, biscuit, cigarette, polyethylene, billets, soap, hair cream and tissue paper. In all, it was a good year for the agricultural sector as it recorded growth and improved turnover in 2018.
Vitafoam Partners FG on Employment Jonathan Eze Vitafoam Nigeria Plc has unfolded a new measure to create massive job opportunities to boost the federal government’s policy of youths’ self-employment. This new job creation strategy is also aimed at expanding the scope of the Small and Medium Scale Enterprises (SMEs) which is consistent with the economic diversification programme of the federal government in order to grow the Gross Domestic Product (GDP) and other key indices of economic growth and development. Addressing the participants at a one-day entrepreneurship seminar for undergraduates with the theme: “Polyurethane Application for Small
and Medium Enterprises,� at the University of Lagos recently, the Group Managing Director and Chief Executive Officer, Mr. Taiwo Adeniyi, explained that economic transformation and diversification must be rooted in the development of strong SMEs. Adeniyi who described polyurethane as materials such as woods, fibres, plastics, clothing, footwear and generally household and industrial products explained that the raw material can be manufactured as furniture parts, cooler, boxes, mattresses, garage doors, water heaters, fridges and a host of others. “According to the Economic and Statistics Department, American Chemistry
Council, the Polyurethane Industry operates in nearly 1,000 locations in the United States, directly generating $28. 6 billion output and 48,800 jobs. The top end- use markets for polyurethane consumption are building and construction, transportation, furniture and bedding industry. “Our core objective of this seminar is how to create sustainable jobs for our youths as a support for the federal government’s policy of youth’s empowerment. Let people see why they do not need to line up and be seeking for employment. But, rather they can create jobs for themselves. “They can be chief executives as soon as they finished their schooling and start their
own businesses and help to develop this economy. Vitafoam has strong capacity to provide the required support structure for SMEs in the polyurethane industry. “We have a good number of expert, season engineers and scientist in our system now that have been trained and prepared for that purpose. “If someone starts a small scale polyurethane industry, we would be there to support in terms of knowledge base. We can guide you through so that the person can make a success from day one. In some cases, if one needs to buy some of those small equipment, we can make the contact and help to get them at affordable prices�, Adeniyi said.
He listed some of the challenges facing SMEs in Nigeria to include funding, lack of technical support, difficulty in accessing raw materials and relatively high stock holding. In his presentation, the guest speaker, who runs the largest Polyurethane Company in Brazil and also a Non-Executive D i r e c t o r o f Vi t a f o a m , Mr. Gerson Silva, spoke on “Discovery and Historical Progression of Polyurethane� and stated that a wide range of products and services are derivable from polyurethane, hence, the economic benefits of this technology can only continue to grow. Earlier in his welcome address, the Vice Chancellor,
University of Lagos, Prof. T. Ogundipe, represented by the Deputy Vice Chancellor, Academics and Research, Prof. Oluwole Familoni, thanked Vitafoam Group for its continuous support for the institution especially, during the University’s Annual Conference. He urged the students to take the training very seriously and exploit its benefits. Expressing gratitude to Vitafoam for the entrepreneurial training seminar for undergraduates, a final year student of the department of Chemical Engineering of the Faculty of Engineering, Olorunfemi Eniyadunmo, praised the company for the initiative and urged other corporate organisations to bring such to the youths.
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T H I S D AY ˾ TUESDAY DECEMBER 25, 2018
PROPERTY & ENVIRONMENT Stakeholders Concretise Dynamic National Disaster Risk Management Policy, Urge Implementation Bennett Oghifo Nigeria can now boast of having a vibrant policy document on disaster risk management, following painstaking work done by a group of stakeholders at a two-day validation workshop organised by the federal government with the support of the United Nations Development Programme (UNDP). As part of the 8th country programme of the FGN/UNDP Plan of Action, the National Emergency Management Agency (NEMA) has developed a number of policy documents, amongst which is the National Disaster Risk Reduction Policy - in collaboration with the UNDP. The two-day workshop in Lagos was designed to concretise and finalise this document, with the support of UNDP. After the validation of the policy document, the Project Technical Adviser (UN Development Programme) to National Emergency Management Agency (NEMA), Mr. Seth Vordzorgbe said the implementation of the National Disaster Risk Management (NDRM) policy was imperative for effective disaster management in the country.
The NDMP contains government’s policy on challenges toward reducing risks from hazards, and states its commitment to risk reduction. It is a 10-year policy on disaster risk management for effective handling of disasters, and it is reviewed every five years. The NDMP outlines a streamlined set of guidelines for decision making on how to achieve desirable outcomes in disaster risk management. The policy guides the development and implementation of disaster management policy and programmes at the state and local government levels, particularly the promotion of safer, and more secure and resilient communities. Vordzorgbe, a crisis, development and agriculture management consultant, promised to include stakeholders’ views in the final document and urged them to ensure the implementation of the policy to enhance effective management of emergencies and disasters in the country. Discussing the importance of the policy document to the states, the Executive Secretary of Imo State Emergency Management
L-R: General Manager, CDK, Hossam Maher; Chief Executive Officer, CDK, Bernard Longe; and President, ACAN, Mansur Ahmadu, at the ACAN Pre-AGM Dinner hosted by CDK at The Wheatbaker, in Lagos… recently
Agency, Mrs. Uche Ezeonyeasi called on NEMA to pay advocacy visit to some state governors to sensitise them on the importance of funding SEMAs. Ezeonyeasi said SEMAs were established but needed to be
strengthened to help the agency achieve its mandate. The Director, Ogun State Emergency Management Agency, Mr Abdul Hakeem Ashimi urged NEMA to release the final policy document to State Emergency
Management Agencies (SEMAs) for implementation. Ashimi said he was hopeful that the policy, when implemented, would reduce disasters in the country. Also, Mr. Sanusi Usman, Execu-
tive Secretary, SEMA Zamfara, called for the assistance of NEMA in managing emergencies and disasters in the state. “We can be overwhelmed with handling disasters at times so NEMA should come to our help.”
Real Estate Sector Slows, Facility Management Spikes, Says Balogun Fadekemi Ajakaiye There is noticeable slowdown of the nation’s real estate industry that has affected its contribution to the nation’s GDP, but on the flip side, the facilities management sector has witnessed rapid expansion. The Chief Executive Officer, Global Property & Facilities International Ltd (GPFI), Dr. MKO Balogun stated this at a parley with journalists in Lagos, recently. Balogun shared some insights on the economy, the Real Estate industry, Facilities Management sector and on his Company - Global PFI Ltd. He stated that “The Real Estate industry has continued to slow down largely due to oversupply in commercial and
retail sectors, inappropriate supply in the residential sector. The latest GDP figure shows negative growth of -2.68% at the end of October 2018 and the Q3 contribution to GDP dropped from 7.09% in Q2 to 6.88% in Q3.” However, he said the facilities management sector “is rapidly expanding globally, regionally and locally with growing awareness, acceptance and the global market is changing with global players strengthening their presence in Africa with merges and partnerships. Clients expectation has increased and demand for FM value has also increased away from service. “The out - going year will also go down as a significant year for
EchoStone Applies Special Technology to Build Home in 14 Days Fadekemi Ajakaiye The prospect of rapid home delivery became more apparent with the construction of a building in 14 days flat by EchoStone Nigeria Limited, in partnership with the Lagos State government. The only other company that has achieved this feat is Royal Sanderton that applies revolutionary their Royal Building System, and now EchoStone Nigeria Limited has proven that they could do rapid construction of homes to close the nation’s housing gap. A demonstration home built by EchoStone on the premises of the Lagos State Vocational Education Centre at Agidingbi in Ikeja, Lagos was inaugurated by the Lagos State Commissioner for Housing, Gbolahan Lawal, during the week. Lawal said, “Echostone represents technology at its best,” saying their achieving construction time of 14 days was proof that technology
fast-racks development. “It is satisfying to note that a 64-square meter house can be completed from scratch in just 14 days. Echostone is fired up to do more because of the response they have received from government. They have the funding and technological know-how to help us greatly in tackling the deficit in the state.” The commissioner assured Echostone that the capital investment it brought into the state would yield good returnon-investment, and that the state government was already in talks with the developer to work out a modality of deploying the same technology to assist the state in building compact storey buildings, as this was the way to go to really accommodate Lagosians. He said, “We want to build compact storey buildings. We are in discussion with echostone and they have assured us that it is doable.”
the sector with the launch of the 4 FM ISO standards, ISO 41011:2017, 41012:2017, 41013:2017 and 41001:2018; to ensure uniformity in the way FM is seen, appreciated, valued and implemented by both clients and providers, with the new FM definition which states that FM is an organisation function which integrates people, place and process within the built environment with the purpose of improving the quality of life of people and productivity of the core business.” On activities in the sector, he said “In Nigeria, we launched the National FM body - Association of FM Practitioners Nigeria, AFMPN, the final approval of the FM bill 2018, as well as the
Federal Ministry Power, Works and Housing’s draft National Policy on Maintenance of Public.” Giving his company’s background, he said “Global Property & Facilities International Ltd – GPFI, was established about 18years ago as the first fully defined and classified Facilities Management company in Nigeria. The company has over the years evolved through mergers, acquisitions, and share restructuring, from her humble beginning as FMC (Facilities Management Company of Nigeria) to WSP FMC after the partnership with WSP, the Global Engineering company, merger with Domme FM Ltd in 2012 and change of name in 2014 to Global Property and Facilities Management Limited.
“The company is gradually becoming a Pan African company with operations in major Africa cities of Nigeria, Ghana, Cote d’ Ivoire, Cameroon and Kenya. We are an ISO 2008:2015 certified company. We remain committed to providing world class real estate service to our clients all over Africa. “As a company, we have grown well, improved, created new solutions, innovative ideas and support for our clients, suppliers and put our employees at the highest level of focus. We have created and sustained the following industry initiatives; Newsletter – Bringing global and local FM knowledge, news and ideas to Africa; Academy - ProFM Credential Africa center; Technical Training; Support for
Industry; Social impact initiative; Creating maintenance economy; Introduced robots across all our work scope; Cleaning; Swimming pool Management; Gardening etc.” The company, he said has also received some Awards, stating that “As a company, we have been recognized as the best FM company in 2018 in the following categories; Best Property & FM Company of the year 2018–Acquisition International, London; Best FM Company of the year 2018 – Real Estate Excellence Awards; Global Leading Quality FM & Infrastructure of the Year 2018 – Global Quality Awards; and Africa’s Most Innovative Leading FM company of the Year 2018 – Awesome Awards.
Consulting Architects Endorse CDK Products Bennett Oghifo CDK Integrated Industries Limited, the leading producers of authentically porcelain tiles and ceramic sanitary ware here in Nigeria, hosted The Association of Consulting Architects Nigeria (ACAN) to an evening of networking, music, fine dining and knowledge sharing preceded by cocktails. The Pre-AGM dinner was part of the program of activities of this year’s Annual General Meeting of ACAN. The dinner which was held at the prestigious Wheatbaker Hotel, Ikoyi saw the Association endorsing CDK’s porcelain tiles and sanitary wares’ world class quality. In attendance were the top management of CDK Integrated Industries Limited. The Association was led by its President, Arc. Mansur K. Ahmadu FNIA. and, FNIA. Other representatives of the member firms of the Association were present including
the Vice-President, Arc. Ayoola Onajide, five past Presidents of the association in the persons of Arc. Kit Ibare Akinsan, Arc. Tayo Babalakin, Arc. Fred Coker, Arc. Roti Delano, and Arc. O. P. A. Ladega. Two past Presidents of Nigerian Institute of Architects (NIA), also graced the occasion: Arc. Mrs. Olubukunola Ejiwunmi, the first female to hold that position and Arc. Ovo Charles Majoroh; and, members of the press. The event presented an opportunity to provide a unique insight of the production and quality control processes that account for the quality of its “Proudly Made in Nigeria” Porcelain Tiles and Sanitary Wares and for the members of the profession to interact with the CDK management and ask questions and seek clarifications. Members of the Association, many of whom confirmed that they had used CDK products in projects in various parts of the country
testified to how impressed they are of the outstanding quality of the company’s products which they described as world class. Speaking at the event, Bernard Longe, MD/CEO of CDK in his opening address confirmed that it was always the specific objective of the promoters from conception that the company differentiate itself from the competition by producing porcelain tiles and sanitary ware of export quality and, he affirmed that he is very satisfied that this objective has been achieved. He went on to explain why he used the phrase authentically Porcelain Tiles to describe the company’s tiles. He said that, “CDK is aware that a few unscrupulous local producers are producing ceramic white body tiles but are mislabeling same on their packaging and passing them off as “Porcelain”; that although there are commonalities in the body materials and manufacturing process of Ceramic and Porcelain
tiles, Porcelain tiles are more expensive to manufacture than ceramic tiles and are therefore priced much higher than ceramic tiles. He enumerated some of the advantages of porcelain tiles over ceramic tiles: r QPSDFMBJO UJMFT BSF IBSEFS than ceramic and are therefore more suitable for external use and high traffic areas. rNPSF SFTJTUBOU UP DSBDLT PS failure when not installed over solid concrete floor, e.g. wooden tongue and groove floor rJU T WFSZ MPX NPJTUVSF BCTPSQtion of not more than 0.5% makes it more resistant to extremes of weather rXIJMTU BMM UJMFT DBO CF VTFE for walls, porcelain tiles are made for floors. It is however more suitable for bathroom and kitchen walls and externally for wall cladding because of its low moisture absorption attributes; even though porcelain tiles can also be used for other walls depending on preference.
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T U E S DAY Ëž DECEMBER 25, 2018
BUSINESS/MONEYGUIDE
Group Praises CBN Policies Under Emefiele Nseobong Okon-Ekong The Coalition of Civil Society Group (COCSG) has commended the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, for implementing policies that have helped stabilise the economy. The President and Secretary of COCSG, Comrades Etuk Bassey Williams and Abubakar Ibrahim, in the company of other members of the coalition, told journalists in Abuja, that the continued issue of good initiatives by the central bank under the leadership of Emefiele has been phenomenal. The group noted the efforts of the Bank to boost the availability of forex to end users through retail outlets as well as the reduction of the tenor of its forward sales from the hitherto maximum cycle of 180 days, to no more than 60 days from the date of transaction. “Measures aimed at strengthening the value of the naira against the US dollar in the overall interest of the economy and Nigerians as a whole under Emefiele’s leadership has been remarkable as since February this
year, the pumping of money into the forex market, has significantly strengthened the naira against the dollar to close at N380/$1 at the parallel market last month. “Also, aside direct sales to BDCs, fuel importers, airlines, manufacturers, agriculture sub-sectors have continued to benefit through the retail-Special Secondary Market Intervention Sales (SMIS), at a marginal rate of N310/$, has continued to help stabilise our economy and boost the nation’s GDP,’’ the Coalition stated. It also commended the CBN governor for boosting the federal government’s local investment following the bank’s keeping of the Monetary Police Rate (MPR) at 14 per cent as well as leaving the 14 Cash Reserve Requirement (CRR) unchanged at 22.5 per cent and Liquidity Ratio at 30 per cent, adding that they massively influence growth and development and hence should be lauded. It praised the CBN over its steadfast relationship with other stakeholders through numerous special interventions and operations, emphasising that resultant effects have positively
rubbed off on the economy. Also worthy of note is the CBN’s massive intervention in the real sector projects centred around agriculture, micro, small and medium enterprises (MSMEs) and infrastructure. “These included the N300 billion Real Sector Support Facility (RSSF); the N220 billion Micro, Small and Medium Enterprises Development Fund (MSMEDF); the N213 billion Nigeria Electricity Market Stabilisation Fund; N500 billion Non-Oil Export Stimulation Facility; and the N75 billion Nigeria Incentive Based Risk Sharing for Agricultural Lending (NIRSAL). “The bailouts for states through the the CBN helped provide helped them meet their obligations. The CBN- initiated Anchor Borrowers’ Programme (ABP) scaled down the huge foreign exchange spent by Nigeria on importing food items following its kick offs in Kebbi, Sokoto, Niger, Kaduna, Katsina, Jigawa, Kano, Zamfara, Admawa, Plateau, Lagos, Ogun, Cross River and Ebonyi and Imo states and hence directly impacted on the welfare of Nigerians,� the coalition stated.
Ministry Explains Role of Economic Zones in Industrialisation The Ministry of Industry, Trade and Investment has stressed the importance of developing special economic zones by the federal government. The ministry, in a statement, said its attention was drawn to a media statement on the development of the zones. It recalled that the Economic Recovery and Growth Plan (ERGP) identified the development of Special Economic Zones (SEZs) as a major strategic tool to accelerate the implementation of the Nigeria Industrial Revolution Plan (NIRP). According to the statemen, project MINE (Made in Nigeria For Exports) was therefore envisioned by the Federal Ministry of Industry Trade and Investment (MITI) and the Nigeria Export Processing Zone Authority (NEPZA), to develop SEZs to world class standards and position Nigeria as the pre-eminent manufacturing hub in sub-Saharan Africa and a major exporter of made in Nigeria goods and services
regionally and globally Among others, the project sought to aid structural transformation of the Nigerian economy by increasing the manufacturing sector’s contribution to Gross Domestic Product to 20 per cent by 2025; contribute to sustainable inclusive growth by creating 1.5 million new manufacturing jobs in the initial phase of the project and increase and diversify foreign exchange earnings by increasing manufacturing sector exports to at least $30 billion annually by 2025. Others include the creation of local models of global best practice in provision of world class infrastructure at competitive costs connecting SEZs to international and regional markets with transport links, uninterrupted power, ICT, water, sewage and other services to ensure smooth and efficient operation of SEZ businesses; promote the “cluster� effect to be gained by locating similar export-oriented manufacturing businesses within the same locality and attract
world class investors with strong positions in global supply chains and investors with potential to increase the scale of operations rapidly to set up operations in SEZs. “The first phase of the project is to focus on the development and upgrade of SEZs in 12 states across Nigeria, following which the initiative will be extended to other States in subsequent phases. “This involves, among others, partnering with the private sector to develop new worldclass SEZs in Abia, Katsina and Lagos as pilot projects to demonstrate proof of concept and provide models for future SEZ development Nigeria. “On governance, oversight of the project rests with the Honourable Minister of Industry, Trade & Investment, supported by the Honourable Minister of State and the Permanent Secretary, who comprise the leadership of MITI.
Ecobankpay Offers Special Discount to Shoppers Ecobank Nigeria Limited has announced special discount for shoppers using the Ecobankpay option to pay for their goods and services during the yuletide. The Ecobankpay is a convenient digital QR code that enables payments using the mobile phone, without the need for a plastic card. The uniqueness of the platform is that it has MasterPass, MVisa and Mcash embedded in the merchant identity QR Code. This enables each customer to transact across the three platforms not minding the bank cards he/she is holding. Announcing the end of year promotion, Ecobank Head of Commercial Banking, Rotimi Morohunfola said shoppers who use the platform are to get special discounts in select shops in Lagos, Abuja, Port Harcourt
and Aba where the Ecobankpay QR code is on display. Explaining the accessibility of the Ecobankpay QR code, he noted that it accepts all the three payment platforms available, be it MasterPass, MVisa and Mcash. “If the person that wishes to buy goods from you is coming from a bank that has MVisa and wishes to pay, the same QRcode would accept an MVisa payment and vice versa. “That creates interoperability and convenience for the merchants and as you know, the QRcode is much cheaper than having a point of sale (PoS)� he stated. For the merchants he said “the beauty of the Ecobankpay is in the cost of setting up as the shop owner simply print the QR code on a paper and
can stick it anywhere and do not run any risks. “It is convenient and the mobile app allows you the ubiquity, it allows you 24/7 access, it is affordable and for every Nigeria. when you are a merchant and we on-board you on EcobankPay, you will automatically have a QR code that accepts all the three payment platforms - MasterPass, MVisa and Mcash.� The Ecobank Pay QR offering, or Unstructured Supplementary Service Data (USSD), a one stop platform across 33 countries in Africa where Ecobank is present, allow customers, of any bank in Nigeria or beyond, to make payments for goods and services, using their mobile banking app to Scan+Pay with MasterPass, Visa or mCash as the means of payment.
Mr. Obinna Anyanwu, Country Head (Nigeria) Commonwealth Enterprise and Investment Council welcomes the new British High Commissioner to Nigeria, Ms. Catriona Laing at her welcome reception at The British Residence last Monday.
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 ËÞĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE AS AT THURSDAY, 20 DECEMBER 2018
The price of OPEC basket of ďŹ fteen crudes stood at $53.92 a barrel on Thursday, compared with $55.13 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
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MARKET NEWS
NSE Approves Delisting of Great Nigeria Insurance Goddy Egene The Nigerian Stock Exchange (NSE) has approved the delisting of Great Nigeria Insurance Plc (GNI) from the exchange. According to exchange, the approval followed GNI Plc’s evidence of opening an escrow account in the registrar’s name and sufficient funds to pay shareholders who have accepted to exit. According to the company, consideration accruing to
shareholders of GNI Plc that elect to accept the exit consideration have been computed as at October 24, 2018 and would be settled by way of electronic transfer to the respective bank accounts of shareholders and it’s expected to be completed on or before 31 December 2018. Explaining the factors that informed the decision to delist, GNI had said that over the last five years, there was little or no trading activity on the shares held
P R I C E S MAIN BOARD
F O R DEALS
by the minority shareholders. “There has also been a considerable fall in trading volumes over the last 12 months with an average daily volume of 1, 200 units during the period March 2017 to March 2018. Shareholders are not benefiting from the continued listing as shareholders are not getting any exit opportunity and their investments have been locked up and they find it difficult to dispose of their shareholding. Neither the company has benefitted as
S E C U R I T I E S
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
the company’s shares continue to trade at a significant discount to the intrinsic value. Also, GNI’s free float currently stands at 16.03 per cent, significantly below the NSE’s minimum free float of 20 per cent. With this Free Float deficiency, the NSE could take enforcement action even though The Quotations Committee of the National Council of The Exchange has extended the curing period to May 2020. We do not expect
T R A D E D MAIN BOARD
A S
that this deficiency will be cured during that period and we expect the NSE to initiate a regulatory delisting,” it said. GNI had said that through the voluntary delisting, the directors would be exercising a regulatory provision that will shield the company from any enforcement action that the exchange may effect, which may arise as a result of the outstanding free float deficiency. “Furthermore, through the
O F
voluntary delisting process, the company will be providing an exit consideration to minority shareholders who do not wish to remain in an unlisted company,” it added. GNI added that the delisting will afford the company to carry an imminent corporate restructuring exercise to take advantage of emerging opportunities and may consider re-listing the company in the future if the market conditions are favourable.
2 4 / 1 2 / 2 0 1 8 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
32
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MARKET NEWS
SEC Assures Investors of Multiple Accounts, Extends ForbearGoddy Egene The Securities Exchange Commission (SEC) has extended the forbearance window for shareholders with multiple subscriptions by one year from December 1, 2018. The commission has also assured shareholders not to entertain any fears of prosecution but take advantage of the extension to regularise their multiple subscription accounts so as to enjoy the benefits of their
investments in the capital market. The Acting Director General of SEC, Mary Uduk, who stated this in Abuja, explained that commission is only interested in ensuring that investors enjoy the rewards of their investments. She said: “They are not going to be prosecuted, we just want them to come forward and take back their shares and register them properly with CSCS so that the trading float in the market will increase. The forbearance window
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
for shareholders with multiple subscriptions has been extended by another year from the December 31, 2018 deadline previously communicated. Consequently, we enjoin those who have not come forward for the regularisation of shares purchased with multiple identities, to do so.� Uduk also enjoined investors to take advantage of the on-going electronic -dividend registration in a bid to reduce the unclaimed dividends profile as well as
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 2112-2018, unless otherwise stated.
increase liquidity in the capital market and the economy. “The essence of the E-Dividend Mandate Management System is to eradicate or reduce to the barest minimum the incidence of unclaimed dividend. Unclaimed dividend is an undesirable feature of the Nigerian capital market which denies investors/ shareholders the gains of participating in the capital market. It denies the economy access to the huge amount of money which should have
accrued to shareholders and would have gone into circulation to oil the wheel of the economy. It is a consequence of the bottlenecks which are inherent in the erstwhile paper dividend warrant regime such as postal system inefficiency, change in investors’ addresses, poor fidelity and human fallibility in dividend payment processes, amongst others,� the DG said. According to her, e-Dividend regime bypasses these limitations by ensuring that dividends
which do not exceed 12 years of issue are credited directly to an investors account after declaration by the paying company and within a stipulated payment period through simple interbank transfer. The e-Dividend registration exercise started on November 23, 2016. Each successful registration cost N150, however, between that time and March 31, 2018, the commission underwrote the registration cost for all investors that mandated.
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 157.84 159.32 -10.95% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 276.59 278.32 19.68% 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 0.84 0.85 1.81% ACAP Income Funds 0.63 0.63 7.21% 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 12.80% AIICO Balanced Fund 2.21 2.23 -3.80% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 16.27 16.76 -10.94% ARM Discovery Fund 351.97 362.58 -9.53% ARM Ethical Fund 28.00 28.84 2.48% ARM Money Market Fund 1.00 1.00 12.79% 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 99.30 100.00 -14.34% AXA Mansard Money Market Fund 1.00 1.00 12.63% 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 13.89% Paramount Equity Fund 11.46 11.76 3.38% Women's Investment Fund 100.79 103.38 0.16% 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 13.22% Cordros Milestone Fund 2023 95.06 95.29 Cordros Milestone Fund 2028 98.40 98.72 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 12.35% Coronation Balanced Fund 0.85 0.85 Coronation Fixed Income Fund 1.16 1.16 10.91% EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 12.12% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 11.51% 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 1,176.42 1,177.18 11.74% FBN Heritage Fund 140.70 141.88 0.87% FBN Money Market Fund 100.00 100.00 13.10% FBN Nigeria Eurobond (USD) Fund - Institutional 113.18 113.73 3.85% FBN Nigeria Eurobond (USD) Fund - Retail 112.91 113.46 3.73% FBN Nigeria Smart Beta Equity Fund 146.50 148.58 -7.78% 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 1.22 -6.99% Legacy Debt Fund 3.23 3.23 11.90% Legacy USD Bond Fund 1.03 1.03 2.83% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,940.76 2,969.57 -1.50% Coral Income Fund 2,752.34 2,752.34 12.42% 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 12.56% Nigeria Entertainment Fund 106.49 106.91 6.30% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 12.47%
Vantage Balanced Fund 2.14 2.16 1.56% Vantage Guaranteed Income Fund 1.00 1.00 15.44% Kedari Investment Fund (KIF) 124.41 124.60 8.08% LOTUS CAPITAL LTD ďŹ ncon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.21 1.23 5.25% Lotus Halal Fixed Income Fund 1,095.59 1,095.59 13.38% 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 11.18 11.27 -13.67% Meristem Money Market Fund 10.00 10.00 12.24% PAC ASSET MANAGEMENT LTD info@pacassetmanagement.com Web: www.pacassetmanagement.com/mutualfunds; Tel: +234 1 271 8632 Fund Name Bid Price Offer Price Yield / T-Rtn PACAM Balanced Fund 1.33 1.36 11.82% PACAM Fixed Income Fund 12.17 12.24 10.31% PACAM Money Market Fund 10.00 10.00 11.70% 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 128.19 128.62 -1.17% 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 1.70 1.70 14.48% 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 2,302.13 2,316.09 4.74% Stanbic IBTC Bond Fund 189.36 189.36 8.73% Stanbic IBTC Ethical Fund 0.94 0.95 -6.44% Stanbic IBTC Guaranteed Investment Fund 246.52 246.56 14.21% Stanbic IBTC Iman Fund 161.16 162.98 -10.01% Stanbic IBTC Money Market Fund 100.00 100.00 12.19% Stanbic IBTC Nigerian Equity Fund 8,407.25 8,508.26 -11.58% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 7.13% 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 11.07 11.22 -8.50% Zenith Ethical Fund 12.22 12.34 -5.58% Zenith Income Fund 20.71 20.71 12.18% Zenith Money Market Fund 1.00 1.00 12.54%
REITS NAV Per Share
Yield / T-Rtn
9.00 139.60 51.74
-20.11% 5.39% 1.79%
Bid Price
Offer Price
Yield / T-Rtn
10.37 116.99 87.93
10.47 119.44 89.56
-12.43% -18.11% -19.52%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva GrifďŹ n 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
3.92 7.22 14.45 12.33 142.35
3.96 7.30 14.55 12.53 144.35
-17.23% -24.45% -17.18% -37.13% 5.87%
NAV Per Share
Yield / T-Rtn
107.13
17.03%
INFRASTRUCTURE FUND 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
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
35
36
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
37
38
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
39
TUESDAY DECEMBER 25, 2018 ˾ T H I S D AY
INTERNATIONAL
Indonesia Tsunami Death Toll Rises to 373 The death toll from a volcano-triggered tsunami in Indonesia has risen to 373, with more than 1,400 people injured, the national disaster agency said Monday. Some 128 were still missing when a volcano known as the “child” of Krakatoa erupted, national disaster agency spokesman Sutopo Purwo Nugroho said Hundreds of buildings
were destroyed by the wave. Dramatic video posted on social media showed a wall of water suddenly crashing into a concert by pop group “Seventeen” – hurling band members off the stage and then flooding into the audience. In a tearful Instagram post, frontman Riefian Fajarsyah said the band’s bassist and road manager had been killed and his wife
was missing. Search and rescue teams were scouring rubble for survivors, with 222 people confirmed dead, 843 people injured and 28 missing, Nugroho said. Tsunamis triggered by volcanic eruptions are relatively rare, caused by the sudden displacement of water or “slope failure”, according to the International Tsunami Information Centre.
Chinese Court Sentences 20 in Care Centre Scandal A court in southern China Monday sentenced over 20 people in connection with a series of deaths at a care center, where 21 people including a 15-year-old autistic boy perished under squalid conditions in 2016. The director of the center, Li Cuiqiong, was given a suspended death sentence with a two-year reprieve, while another official who worked closely with Li was given a life sentence, staterun Xinhua news agency reported The two men, who worked for the civil affairs department in Xinfeng County had “used their power to set up and
illegally operate the care center,” Xinhua said. Supervisory authorities in Guangdong have also taken “disciplinary action” against 107 civil servants for their role in the scandal, Xinhua said, without offering details. An expose in March 2017 by state-run Beijing News found that poor conditions at Lianxi care agency for the homeless, elderly and mentally ill in Shaoguan, Guangdong province had led to the deaths within a span of a few months. Accounts of crowded, unsanitary conditions at the facility triggered widespread outrage in
China, with people pouring scorn on the government’s treatment of vulnerable members of society. “Was it murder? Did the [center] pocket government subsidies instead of spending money on the patients?” a commenter on the Twitter-like Weibo asked at the time. Lei Wenfeng, the autistic teenager, who had wandered away from home and got lost, died in December 2016 after staying at the center for just over a month. The centre was privately run, but financed by the local government, according to the state-run China Daily.
Unlike those caused by earthquakes, which trigger alert systems, they give authorities very little time to warn residents of the impending threat. The destructive wave left
a trail of uprooted trees and debris strewn across beaches. A tangled mess of corrugated steel roofing, timber and rubble was dragged inland at Carita beach, a popular spot for
day-trippers on the west coast of Java. Photographer Oystein Andersen said he was caught up in the disaster while on the beach taking photos of Anak Krakatoa.
Cameroon Separatists Issue ‘Virtual Revolutionary Currency’ Anglophone separatists in Cameroon on Monday announced they had launched a virtual currency, the AmbaCoin, to help fund their campaign for independence and provide humanitarian aid. The bitcoin-like currency, based on the blockchain software principle, is named after the “Republic of Ambazonia,” a selfdeclared independent state in Cameroon’s Northwest and Southwest Regions. “The People of Ambazonia has created AmbaCoin, a tradeable digital token that can be used as a currency, a representation of an asset, a virtual share, a proof of patriotic citizenship,” according to the currency’s website. “All sales of the AmbaCoin will be directed to fund the Ambazonian Cause, to assist Refugees & Internally Displaced Persons, to rebuild homes destroyed by
occupying military forces, and to defend communities from the repressive regime of La Republique Du Cameroun.” According to a clock on the currency’s website, the AmbaCoin became operational on Friday. It said there had been more than 28,000 pre-orders for the currency, a figure that could not be verified independently. Buying one “amba” for the “Ambazonian Crypto Bond” costs 25 US cents. In October 2017, radical anglophone leaders declared a “Republic of Ambazonia” in two regions that were incorporated into predominantly Frenchspeaking Cameroon in 1961. The central government in Yaounde launched a crackdown, deploying thousands of troops against armed militants. More than 200 members of the security forces and at least
500 civilians have been killed, according to the International Crisis Group thinktank, while the UN estimates that more than 437,000 people have fled their homes. The two English-speaking regions were previously ruled by Britain as the Southern Cameroons. Over the years, anglophones have chafed at perceived discrimination at the hands of the francophone majority, especially in law, education and economic opportunities. Resentment built into demands for a return to Cameroon’s federal state, which then snowballed into a declaration of independence as the situation polarised. The purported state — whose name is taken from Ambas Bay on the coast — also has a flag, a national anthem and a president, but has not been internationally recognised.
40
TUESDAY, ÍşÍ˝Ëœ ͺ͸͚΀ Ëž T H I S D AY
NEWS
APM, Led by Amosun, Delivers Letter of Adoption to Buhari Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday in the Presidential Villa, Abuja received the letter of his adoption as the presidential candidate of the Allied Peoples Movement (APM) from Ogun State governor, Ibikunle Amosun, and the National Chairman of APM, Yusuf Dantalle. Buhari’s acceptance of the letter from Amosun was perceived to imply his clear support for Amosun’s movement of his political structure from the All Progressives Congress (APC) in Ogun State to APM. This looks ironic however, as the National Working
Committee (NWC) of the APC led by Adams Oshiomhole had last week threatened to expel Amosun over alleged anti-party activities. There have been irreconcilable differences between Amosun and Oshiomhole over the refusal of the latter to field the anointed candidate of Amosun, Abdukadir Akinlade as the governorship candidate of APC in Ogun State. Answering questions from journalists after presenting the letter to Buhari, Amosun said the presentation was the fallout of the proclamation of Buhari’s adoption last week by APM. “You will recall that just
Amosun
last week we made public that APM has adopted President Buhari as their
presidential candidate. I had promised to bring the letter they had given me to
present to him and that is what we came to do today. And you know Mr. President is a very gracious human being, he is a man with a good heart. “He said if a party has adopted him, it is only fair he acknowledges the party and the chairman. That is why we are here. “I have said that anybody that is for President Buhari is for me. We will embrace such party, such person, such organisation wholeheartedly and that is what I am doing and that is what we are doing in Ogun State. “Clearly Mr. President will have a massive vote in Ogun State in the coming election,� Amosun claimed. Asked on his reaction to
the threat by the National Chairman APC to expel him over alleged anti-party activities, Amosun declined comment. “I don’t want to comment on that. We came for this. Let’s restrict ourselves to this. I want my president to win. What else do you want? We must win that is it,� he said. Also speaking on why APM adopted Buhari, Dantalle claimed that “Buhari is giving us back the Nigeria of our dream.� Commenting on the chances of APM at the 2019 polls in Ogun State, Dantalle said, “I am very confident. You saw it yourself last week and you can attest to it.�
Zamfara State. He also said the president who wished those injured a speedy recovery, had authorised an assessment trip to Zamfara and Sokoto States by the Chief of Air Staff, Air Marshall Abubakar Baba Sadiq on Christmas and Boxing days. According to the statement, the president reassured residents of states being plagued by armed bandits, including Zamfara, Sokoto, Kaduna, Niger and Taraba, that his administration was committed to their safety adding that he would continue to ensure that security agencies work round the clock to protect local populations. The statement added, "To this end, a major operation by the Nigerian Armed Forces, Police, Department of State Services and the Nigerian Security and Civil Defence Corps, is being considered to restore peace and stability in the region. Buhari conveyed his strong support to the Nigeria Police Force, which has already deployed Special Forces in each of the local government in Zamfara State and the Defence Headquarters’ deployment of a Special Military Intervention Force comprising more than 1,000 personnel to respond to the security challenges in the North-central and North-west. "These measures, among others, will be intensified to flush out the bandits from wherever they are. "The president commended Nigerians for their support to our security agencies who have continued to demonstrate dedication, commitment and bravery even in very difficult and complex operations."
by bandits. Suspected bandits have killed hundreds of people, kidnapped and unleashed hell on residents of the state since the beginning of the year. The protesters, mainly Internally Displaced Persons (IDPs), barricaded the GusauZaria highway linking the state to Kaduna, Kano, and Abuja. The protesters lit bonfires, destroyed some vehicles and set the secretariat of the local government on fire. An eyewitness said the protesters also destroyed political billboards of President Buhari and the state governor, Abdulaziz Yari. The protests carried out by mainly youth and women later degenerated into a full riot. “The protesters began by blocking the highway and burning tyres, but as we speak, the local government secretariat in Tsafe is on fire,� the eyewitness, who declined to be named for security reasons, said. The protesters who were carrying placards with various inscriptions, called on the governments to end banditry activities in the area. Speaking with journalists, the council Chairman Alhaji Aliyu, who visited the town after the incident, said security personnel are now on top of the situation. According to him, the protesters destroyed properties and set some government/ private vehicles and Tsafe LGA secretariat ablaze. The state police command has however, restricted movement in the area. The police deployed officers to bring the situation under control but the protesters refused to back down. The state Police Public Relations Officer, Muhammad Shehu, later announced that movement had been restricted between 6p.m and 7a.m. He said the restriction would be in force till the security situation improves.
BUHARI: MY COMMITMENT TO FREE, FAIR ELECTIONS IRREVOCABLE ensure the conduct of free, fair and credible general election in 2019 is not a mere lip service, but rather a bond on which the future of Nigerians and the safety of unborn generations is predicated. According to him, it is time to tell the world that something good can yet come out of Nigeria, adding that such desire is achievable if Nigerians all team up to make it so. He said, "With general elections around the corner and heightened political activities across the country, I have charged our security and law enforcement agencies to secure the sanctity of the ballot box and ensure that the outcome of the polls reflects the will of the Nigerian people. "My avowed commitment to free, fair, credible and violence-free polls is not a ruse or yet another vain political promise. My word is my bond. "It is a sworn declaration on the advancement of Nigeria, the future and safety of our young and unborn generations. "Let us tell the world that, indeed, 'something good’ can come out from Nigeria. And it will happen, as we all team up to make it happen." Buhari said he felicitated with Nigerians notably the Christians on today's Christmas celebration in commemoration of the birth of Jesus Christ over 2000 years ago. He said today's commemoration of the birth of Christ in Bethlehem of Judea in today's nation of Israel offers yet another opportunity to reflect on His symbolic birth as encapsulated in humility as well as the message of salvation, reconciliation and forgiveness which Christ brought. He added, "I felicitate with all Nigerians, particularly our Christian brothers and sisters, on the joyous occasion
of this year’s Christmas, which commemorates the birth of Jesus Christ. "Like I have done in the last three Christmas messages to my fellow compatriots as a serving President, I believe this season is another opportunity to reflect on the imagery of the humble, symbolic and divine birth of a young child thousands of years ago in Bethlehem, Judea, and the message of hope, compassion, salvation, reconciliation, forgiveness and peace that Jesus Christ embodies and conveys," the president said. He recalled the state of economy in the outgoing year 2018, saying the economy recorded significant progress in the course of the year through the implementation of the Economic Recovery and Growth Plan. Buhari added that agricultural revolution has boosted local rice production while import has drastically been reduced. According to him, infrastructure deficit was also upgraded during the year while the fight against corruption continued unabated. However, Buhari noted that in the face of such positive developments, Nigeria also witnessed a downward movement in 2018 with several lives lost in violence by herders, road crashes, fire and natural disasters. Against this background, he said while it is impossible to bring back the dead, this Christmas season provides citizens with the opportunity to reach out to those who lost their loved ones in such tragic experiences. "In 2018, Nigerians have had mixed blessings, typical of human beings. On the pleasant side, our economy has made significant progress since coming out from recession and our faithful implementation of the Economic Recovery and Growth Plan. "Agricultural revolution has
seen a vastly improved local production to the detriment of importation, while we have achieved surplus in our trade balance. Similarly, infrastructural deficit has been greatly reduced with significant improvements in roads, railways, aviation and power. "In addition, we have not relented in the fight against corruption while the business environment has been improved through institutional reforms. "On the downside, we have seen so many unnecessary deaths caused by violent clashes between neighbours, who ordinarily should complement and support one another. "We cannot bring back the lives lost to floods, unfortunate fire disasters, road accidents, farmers/herders clashes and insurgency. "But we can put back smiles on the faces of the grieving, the displaced and the troubled, if we show a little love and recommit ourselves to building relationships with those outside our ethnic, religious and socio-political divides. "As we celebrate Christmas, exchange gifts, pray and visit loved ones, let us remember many others who cannot be with their families this time." The president also enjoined citizens to express goodwill and love to members of the Armed Forces whom he said had been making huge sacrifices for the safety of all. Admonishing all to show kindness to their neighbours and demonstrate the uniqueness of Nigeria's diversity, the president encouraged Nigerians to also remember the sick, the aged, the physically challenged this season adding that a better future awaits the country. "Our brave Armed Forces, and other security men and women who make incredible sacrifices to keep us safe, the aged, the sick, physically challenged persons, all deserve
our goodwill in this season of love and sharing. "Together we can show generosity to our neighbours and demonstrate the diversity that makes Nigeria unique – a land with a beautiful climate and vegetation, beaming with an energetic and creative youth population. "We must not also forget that what lies ahead of us as a nation is better than whatever we must have experienced in the past," he submitted.
Warns Bandits Zamfara, Sokoto
in
Meanwhile, the president has condemned the killing of innocent Nigerians in Birnin Magaji community in Tsafe Local Government Area and Magami community in Faru District of Maradun Local Government Area of Zamfara State by suspected armed bandits, warning that such horrendous violent acts must stop. The president’s warning followed the violent activities of armed bandits in Zamfara and Sokoto States in recent weeks, which claimed at least 42 lives last week. While gunmen on motorcycles had last Wednesday invaded the villages of Gidan Halilu and Gidan Kaka in Birnin Magaji district of Zamfara State, killing 17 people, they also killed 25 people in Magami village in the Maradun district area of the state on Saturday, after they shot indiscriminately. “These horrendous acts of violence are crimes against humanity. This violence must stop,� the president threatened. According to a statement by the Senior Special Assistant to the President on Media and Publicity, Malam Garba Shehu, the president expressed his deepest condolences to the families of those killed in the attacks as well as the government and people of
Riot in Zamfara over insecurity Meanwhile, residents of Tsafe Local Government Area yesterday took to the streets to protest the insecurity in the state and incessant killings
41
TUESDAY DECEMBER 25, 2018 ˾ T H I S D AY
NEWS
Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
2019:Vote Based on Records of Candidates, Not Promises, US Tells Nigerians Ejiofor Alike As Nigeria prepares for another general elections in 2019, the United States Ambassador to Nigeria, Stuart Symington, has urged Nigerians not to vote based on promises but on the record of those making promises. In a video message where he wished Nigerians a Merry Christmas, Symington reminded Nigerians that their future is in their hands, stressing that no foreign power can solve their problems. According to him, all solutions to Nigeria’s problems can only come from within. “As you go into 2019 you will be facing a new round of elections. What you do in those elections would be crucial not just for you but for all of us. And as you get ready, I ask you to think of three things. “First, charge your potential leaders with this notion: Say not just what you say you will do for the country but what have you already done. Second, it is incredibly important that you recognise that in a democracy,
it is you who gets to make the decision,” Symington explained. Apparently referring to the increasing cases of vote-buying and other electoral frauds, Symington urged Nigerians to guard their Permanent Voter Cards (PVC) jealously and not sell it. The US envoy urged Nigerians to report any malpractices they observe on the day of any of the elections, adding that the task of improving democracy is a collective one. “On election day and every day, the citizens of Nigeria are the ones that lead this country so take good care of your voter cards, make sure no one convinces you to either give it to them or sell it to them and on election day. “I hope you will vote and I hope you will vote for people who don’t just say the right thing but people who you are convinced based on their records will do the right thing for you and for others,” he added. Symington praised the many Nigerians who had in one way or the other contributed to the development of the country.
Afenifere, ACF, Middle Belt Leaders Rate Govt Low at Christmas Shola Oyeyipo in Abuja
Prominent leaders from across the country have rated the federal government low, saying the country and the citizenry did not experience meaningful improvements in their lives in the year end. The trio of Afenifere chieftain and elder statesman, Chief Ayo Adebanjo, who spoke on behalf of the pan-Yoruba socio-political group, Afenifere; former Liaison Officer to former President Shehu Shagari and a founding member of Arewa Consultative Forum (ACF), Ahaji Tanko Yakasai, and Mr. Yinka Odumakin, who spoke on behalf of Southern and Middle Leaders Forum, in seperate interviews with THISDAY yesterday, said Nigerians are feeling the harsh effects of poverty in this festive period. Asked how he evaluates the year 2018 under the current administration, Adebanjo said:. “You don’t need a crystal ball to know that. You just have to ask yourself how much was your naira against the dollar in 2015; how much was the cost of petrol in 2015; how much are you buying it now; how much was diesel then; how much are you buying it now? “We have passed the stage we should be doing this. What these people should be telling us is what they have done. All these posters that ‘we are going to do these’ is strange. They are looting more than what they found there. All their inner cabinet people with corruption charges are left untouched.” According to him, “The end of the year with All Progressives Congress (APC) is goodbye to bad rubbish. Even on the question of security, which they were boasting about, because he (Buhari) is Commander-inChief, it came to a stage now
where senior Army officers are being killed like fowl. How do you defend that? “After telling us that you have weakened them, that is when Boko Haram now launches offensive on you, killing your commanders and pushing your soldiers to run helter-.skelter. It is a shame. I think they should cover their faces. We are no fools in this country. It is a pity.” On his part, Odumakin noted that “When you look at the situation of the country now you can see that the town is not smiling. Hardly can you even know that we are in a festive season because there is so much hardship; so much poverty in the land. That people are queuing up for N10, 000 tradermoni is the greatest insult we have ever received from this government in the last three and half years. “By the end of December, 2018, Ghana, in the last quarter of this 2018 has grown its Gross Domestic Product (GDP) by 7.8 per cent; Nigeria could only make 1.8 per cent. That tells where we are. Nigeria needs to brace up and it is not this government that can restore our glory. “The Nigeria Bureau of Statistics (NBS) just released a statistics that about 40 million Nigerians are either unemployed or underemployed; 39.91 million and you see all over that poverty now rules in the land. “If you ask, it is as if the Christmas should be postponed.” Also reacting , Yakassai said: “I think every Nigerian is trying to answer this question; how we started this year and how things are at the moment. To my mind, up till now, I have not seen any positive change.”
He identified the 83-year-old Imam of Nghar village, Gashish District in the Barkin Ladi Local
Government Area (LGA), Alhaji Abdullahi Abubakar, for special praise.
The 83-year-old Abubakar had saved about 300 Christians on June 24 when suspected herdsmen
invaded about 15 communities in the Barkin Ladi LGA, killing over 200 persons.
EMPOWERING TRADERS…
L-R: Minister of State for Petroleum, Dr. Ibe KachIkwu; Vice President Yemi Osinbajo; and All Progressives Congress (APC) candidate for Delta North senatorial district, Doris Uboh, during the inauguration of TraderMoni at Ogbe-Ogonogo Modern Market, Asaba, Delta State… recently
Terrorists Kill One, Burn Many Houses in Borno Kingsley Nwezeh in Abuja Terrorist group, Boko Haram, launched an attack in Thlaikhalama village, in
Borno State, killing one person and burning many houses. The attack took place Sunday night. Thlaimakalama village is
barely 30 kilometres away from Chibok Local Government Area. Local sources told journalists that no fewer than six houses were burnt, while one person
was killed in the attack. This attack comes barely two months after the insurgents attacked Mifa, also in Chibok, killing the village head.
Otedola to Divest from Forte Oil, Share Price Rises to Six-month High Goddy Egene The Chairman of Forte Oil Plc, Mr. Femi Otedola, is set to sell his 75 per cent direct and indirect shareholdings in the company, according to a notification to the Nigerian Stock Exchange (NSE). The notification, which was signed by the General Counsel of Forte Oil Plc, Akinleye Olagbende, read: “Forte Oil Plc hereby notifies the Nigerian Stock Exchange (NSE), Securities and Exchange Commission (SEC), shareholders and the investing community that its majority shareholder, Mr. Femi Otedola, has reached an agreement with the Prudent Energy team, investing through Ignite Investments and Commodities Limited, to divest of his full 75 per cent direct and indirect shareholding in the company’s downstream business. “ Otedola’s divestment from the downstream business is pursuant
to his decision to explore and maximise business opportunities in refining and petrochemicals. “The transaction is expected to close in the first quarter (Q l ) of 2019 subject to the satisfaction of various conditions and receipt of applicable regulatory approvals.” The market received the divestment news positively as the share price of Forte Oil rose by 9.8 per cent to N31.25 per share. This is the highest price since June 24, 2018. The shares have recorded year-to-date (YTD) decline of 28 per cent, underperforming the NSE All-Share Index, that has recorded a YTD decline of 16.4 per cent and the NSE Oil & Gas Index which has shed 13.7 per cent so far. Otedola, through its company, Zenon Petroleum and Gas Limited, bought the stake of Incorporated Trustees of NNPC’s Pension Fund in Forte Oil, then known as Africa Petroleum Plc 11 years ago. That acquisition made him the majority
shareholder of Forte Oil Plc and the company was rebranded in 2010 to its new name. The company’s performance has been affected by the challenging environment over the years. For instance, it recorded a profit after tax of N5.794 billion in 2015. This fell to N2.890 billion in 2016 before rising to N12.2 billion in 2017. However, the company early this year announced plans to restructure its business by divesting its upstream services, power generating businesses in Nigeria and downstream business in Ghana. Shareholders of the company had approved this restructuring plan at the company’s annual general meeting (AGM) last May. According to the shareholders, “subject to the approval of regulatory authorities, the directors of the company be and hereby authorised to restructure the company by divesting its upstream
services business(Forte Upstream Services Limited); its power generating business(Amperion Power Distribution Limited and its downstream business in Ghana(AP Oil and Gas Ghana Limited) at such time and such terms and condition as may be determined by directors of the company,” the company had explained. Forte Oil Plc had said its decision to divest from upstream services and power generating businesses would boost its distributable earnings for the benefit of shareholders. According to Forte Oil Plc, following the significant changes in the oil and gas industry in recent years, it believed that only downstream operators with huge investments in both storage and distribution infrastructures can remain competitive and operationally efficient in the long run.
EFCC Applies for Interim Forfeiture of $2.8m Intercepted at Enugu Airport The Economic and Financial Crimes Commission (EFCC) has filed a motion at the Federal High Court in Enugu for temporary forfeiture of the $2.8 million intercepted at the Akanu Ibiam International Airport, Enugu, last Thursday. A vacation judge at the Federal High Court, Port Harcourt, is expected to hear and decide the motion as well as the attached affidavit of urgency. The agency also said it would be seeking an order to keep the two workers of Bankers’ Warehouse, who were arrested with the money
in extended custody, adding that they were already providing the necessary information. The acting EFCC spokesman, Tony Orilade, also disclosed in Abuja yesterday that a third suspect, identified as Orji, had been detained in connection with the cash haul. He explained that Orji brought a letter to the commission seeking its permission to move some money from Enugu to Lagos, adding that the EFCC operatives simply detained him for further investigation.
Orilade stated that no official of either Union Bank Plc which was claiming ownership of the $2.8 million or Bankers’ Warehouse, which was moving the money illegally had shown up at the commission to claim the money or explain the circumstances behind the mode of transfer. According to him, the two workers of Bankers’ Warehouse in custody were not released because nobody came for their bail. He further revealed that the commission would be probing the books of Bankers’ Warehouse to
know the source of the confiscated cash. Orilade said, “We would be checking the company’s books to know the source of the money. If it was from customers, they must show the vouchers and proof of ownership, including lodgments. “If the money was from the (Union) bank, there must be records of such movement, who authorised the funds and for what purpose? The bank can’t coerce the commission to release the money; it has to show proof of ownership.”
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CHRISTMAS GOODWILL MESSAGES...
CHRISTMAS GOODWILL MESSAGES...
Atiku, Saraki, Dogara, Others Urge Nigerians to Embrace Christ-like Virtues Our Correspondents
As Nigerian Christians join other faithful across the world to celebrate Christmas, the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, Senate President, Bukola Saraki, Speaker, House of Representatives, Yakubu Dogara, Deputy Senate President, Senator Ike Ekweremadu and the National Chairman of the PDP, Prince Uche Secondus have urged them to epitomise the spirit of the season and also pray for better leaders, and peaceful election. They all made this call in Abuja yesterday in separate Christmas messages to the nation's Christian community. Atiku in his message urged all Nigerians to spare a thought for the military and security forces who are on the frontlines in the attack against the war on terror. He said, “I had cause to telephone Lt. Col. Ibrahim Sakaba’s widow this Yuletide season and I was touched by the devotion and love she had for her husband who paid the supreme sacrifice for Nigeria.� The PDP presidential flag bearer urged all Nigerians to think about these heroes who made the relative peace Nigerians live in possible. Atiku added, “They endure so that we all can enjoy. Because they gave their all, we all have some peace. So, when next you see a soldier, boost his or her morale by acknowledging their sacrifices and thanking them. Nigeria owes so much to the gallant officers and the men and women of our armed forces." On his part, Senate President, Saraki, urged Christians to pray for a hitch-free 2019 general elections in the country. Saraki in a statement by his Media Adviser, Yusuph Olaniyonu, said the fervent prayer of Christians was required at this point in the nation's political history with the general elections few weeks away. He congratulated Nigerians for their resilience in the face of the challenges facing the nation and urged them to pray for improvement in the social, political and economic condition of the country, in the New Year. The Senate president urged Nigerians to make it part of their New Year resolution that they will play their constitutional roles to ensure that the country has a peaceful, credible, free and transparent elections in February and March 2019 and that the results of the elections will lead to rapid socio-political and economic development of Nigeria. Similarly, Dogara charged Nigerians to imbibe the spirit of Christmas, which he said is the love of God for humanity. In a statement by his Special Adviser, Media and Public Affairs, Mr. Turaki Hassan, he prescribed love as solution to humanity’s problems. The Speaker noted that it was because of the love of God for humanity that He allowed His son to come into the world for the ultimate goal of redemption, saying such selfless love is what Christians should reflect in their dealings with one another. He further stated that God’s solution to humanity’s problems is love and embracing God’s Love will put an end to wanton killings, ethnic and religious clashes and other evils that retard the growth and development of the country. Also Ekweremadu enjoined Nigerians to imbibe the virtues of love, fairness, selfless service, and commitment to public good as exemplified by Christ in order to ensure hitch-free conduct of the 2019 general elections. He explained that the National Assembly had amended the constitution to quicken the dispensation of justice in pre-election disputes. In his message, Secondus charged Nigerians to use the occasion of this year’s Christmas to offer special prayers for good leaders with love of the people to emerge. He urged Nigerians to use this period to seek God 's mercy so that He could provide leaders that would bring comfort and peace to the country. According to him, "We need political leaders that can bring smiles on the faces of the people and such leaders can only come from God through our sincere supplications. Secondus noted that 2019 general elections provide the people the ample opportunity to rescue to rescue the country’s democracy. "Yuletide time like this is therefore very auspicious for Nigerians to bury their political, ethnic and religious differences and go on their knees to seek God's face in the country's challenges," he further said.
Okowa Preaches Reconciliation, Love, Charity
Governor Ifeanyi Okowa of Delta State has called on Christians to reflect on the lessons of the birth of Jesus Christ as they go about celebrating the yuletide. In a statement by his Chief Press Secretary, Charles Aniagwu, in Asaba, Okowa urged Christians to pray for peace, love and unity of the country and total reconciliation with God and man as they enter the new year. The governor noted that the best way to celebrate Christ was to show love and to give like Christ did. He reminded Christians and indeed all Nigerians that Christ showed the greatest love by giving himself and dying on the cross, and therefore urged Christians to also give especially to the less privileged in the society. He said Christians should use the occasion to exhibit Godly virtues and render humanitarian services to mankind for the betterment of the nation and the sustenance of peace.
Fayemi Greets Christians
Ekiti State Governor, Dr Kayode Fayemi, has congratulated
L-R: Lagos State Commissioner for Tourism, Arts and Culture, Mr. Steve Ayorinde; Director, Bethesda Home for the Blind, Mrs. Chioma Ohakwe; Governor Akinwunmi Ambode; and Bishop of Ikeja Diocese, Bishop Steven Adegbite, during the Bethesda Home for the Blind Christmas Carol at Surulere, Lagos...Sunday Christians in the state and the country in general for celebrating another Christmas, urging them to continue to live by example in matters relating to love, peace and progress. Fayemi said Christmas is a season to demonstrate love for one another, through giving and peaceful coexistence, adding that such love and generosity and craving for peace should extend beyond the season. The governor in a Christmas message signed by his Chief Press Secretary, Mr Yinka Oyebode, said it is only through a practical demonstration of love, peaceful co-existence with one another that Nigerians can unite and forge ahead in the crucial task of nation building. Fayemi challenged the people to use the opportunity of the season to reflect on individual contribution to the peace and progress of their immediate community and the state in general. While noting that being alive to witness another Christmas remains a privilege, which calls for celebration, he however advised that celebration should be done in moderation.
Ugwuanyi Prays for Peaceful, Credible, Violence-free 2019 Elections
Governor Ifeanyi Ugwuanyi of Enugu State has called on Nigerians to take advantage of the religious event to offer special prayers for peaceful, credible and violence-free general election in the country. Ugwuanyi in a message felicitated with his fellow Christian faithful, and wished all Nigerians Merry Christmas and a prosperous New Year, urging them to continue to dedicate their lives to the service of God and advancement of peace, unity and love. The governor noted that Christmas as God’s gift to mankind to gain salvation, offers Christians a veritable opportunity to reciprocate His incredible act of love, by dedicating themselves to things that promote good virtues, peace, harmony and progress. He therefore, thanked Ndi Enugu for their unceasing prayers, goodwill, solidarity and support and reassured them of his ultimate resolve to continue to serve them selflessly with the fear of God and sustain the tempo of peace and good governance in the state.
Ambode Preaches Love, Kindness to Less-privileged
Lagos State Governor, Mr. Akinwunmi Ambode, yesterday urged Nigerians to seize the symbolic occasion of Christmas to extend acts of love and kindness to all mankind especially to the less privileged in the society. The governor, in his Christmas message signed by his Chief Press Secretary, Mr. Habib Aruna, said the qualities that Jesus Christ represents, which include love, care, selflessness and compassion for persons, especially the weak, vulnerable and less-privileged was the real essence of the season, adding that his message to everyone at this period is to put a smile on the faces of persons who cannot afford to return the favour. Ambode while commending residents for the peaceful atmosphere the state has enjoyed over the years, urged them to emulate Jesus Christ and continue to pray for continued peace in the state.
Amosun Preaches Love, Peace and Perseverance
Ogun State Governor, Senator Ibikunle Amosun, has admonished Christians faithful to imbibe the spirit of love, peace and perseverance. The governor in his Christmas message, admonished Christians to also exhibit the virtues of faithfulness, honesty and kindness, which Jesus Christ manifest. He said as the 2019 general elections is fast approaching, all Christians must continue to pray for peaceful polls and the emergence of God fearing leaders. According to him, "we are all stakeholders in the project Nigeria, and so, we should not relent in lending our voices in prayer for a new Nigeria."
Dickson Urges Christians to Emulate Christ
Bayelsa State Governor, Henry Seriake Dickson, has called on Christians in Nigeria to be more prayerful as the country moves towards another round of crucial general elections. In his Christmas message signed by the state Commissioner for Information and Orientation, Daniel Iworiso-Markson, the governor said only prayers can avert any negative plan by enemies towards the country. He said Nigeria must remain united even after the elections, stressing that the outcome of the polls should not throw the country into chaos. According to him, elections will come and go but Nigeria and Nigerians will remain and called on political leaders not to inflame the country with their misguided utterances and actions. Dickson also called on Christians to eschew every form of acrimony but use the period of Christmas to show love to one another which is a major virtue of Jesus Christ, whose birthday is the occasion.
Obiano Admonishes Christians to Show Love
Anambra State Governor, Chief Willie Obiano, has urged Christians to touch their neighbours with love this Christmas. In a special Christmas message, Obiano observed that the meaning of Christmas is love which God demonstrated to mankind with the gift of Christ His only son. "In giving us His Son therefore, God Almighty has demonstrated to us that our salvation and contentment on earth can only be guaranteed by the sacrificial love that Jesus Christ represents to us. Sacrificial love is the kind of love that comes at a huge cost to the giver and at no expense to the receiver," Governor Obiano explained. He urged Christians to strive to live a life that enriches the lives of their neighbours; lifting up those that are down and bringing succour to the afflicted. The governor also urged Nigerian Christians to use the opportunity offered by the feast of Christmas to reflect on their country and seek God's intervention in Nigeria's political leadership as the 2019 general elections draw closer.
Wike Preaches Love, Friendship, Peace at Christmas
Rivers State Governor, Nyesom Wike, has urged Nigerians to use this year’s Christmas to promote love, friendship, peace and reconciliation. In a Christmas message, Wike said the season exemplifies love, advising that Nigerians should always love one another. He particularly urged Rivers people to use this year’s Christmas to erect platforms of love, peace and reconciliation for the greater development of the state. The governor advised Rivers people to pray for the state to enjoy greater peace for the state government to consolidate on her developmental programmes that have made the state first amongst equals.
Kwara Gov Enjoins Christians to Have Faith in Govt
Kwara State Governor, Alhaji Abdulfatah Ahmed, has enjoined Christians to use the birth of Jesus Christ to rekindle, strengthen and reaffirm their faith in government's ability and willingness to overcome all challenges. A statement issued by the governor, signed by his Chief Press Secretary, Alhaji Abdulwahab Oba, however congratulated Christian faithful on the celebration of this year's Christmas. He advised Kwarans to reflect more deeply on the virtues and ideals which the Messiah espoused during his earthly mission. Ahmed enjoined Christian adherents to internalise the virtues of love for fellowmen, tolerance, Godliness, honesty, fairness, selflessness, and peaceful co-existence for prosperous nation and humanity. The governor also urged the Christian faithful to use the opportunity of the celebration of the birth of Jesus to offer special prayers for a greater manifestation of divine peace in the state and vanquishing of all demons of hatred, divisiveness and disunity in the state.
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CHRISTMAS GOODWILL MESSAGES...
CHRISTMAS GOODWILL MESSAGES...
2,046 Police Deployed for Security in Plateau Our Correspondents The Plateau State Police Command has assured members of the public that it has put in place comprehensive security strategies to prevent crime before, during and after the Christmas season. It said a total of 2046 police personnel had been selected, trained and deployed to protect lives and property of members of the public, adding that the police is also in synergy with other security agencies in the state to ensure a crime free yuletide season. A statement by the state Police Public Relations Officer (PPRO), Mr. Tyopev Terna, said it had professionally positioned its patrol vehicles in strategic areas day and night so as to respond promptly to distress calls from members of the society. "The command wishes to re-echo her earlier ban on the use of fireworks, bangers, knockouts etc. This is because our officers and men are out to make sure that both Christmas and New Year activities are celebrated without any hitches and distraction. Consequently, we plead with parents/guardians to help guide their children and wards to be law abiding. "Members of the public are enjoined to board vehicles only in the designated parks in the state and avoid boarding on the high way in order not to fall for the criminal antics of these bad people who operate outside the parks," the statement partly read. In the same vein, the state command of Nigerian Security and Civil Defence Corps (NSCDC) has assured the pubic that it has partnered with other security agencies to ensure a hitch-free Christmas and New Year celebration. In a statement by the state Commandant, Solomon Adebayo Olasupo, the NSCDC said the public should report any clandestine move by group or individual aiming to cause chaos in the state. He said the command has deployed 2,000 officers and men to beef up security across the state.
Obi Prays for Anambra, Nigeria, Others The former Governor of Anambra State and the vice presidential candidate of the PDP, Mr. Peter Obi, has admonished Christians and all men of goodwill to use the occasion of Christmas celebration to extend the hands of love and care to the lessprivileged. In a statement made available to THISDAY, Obi said, among others: “Let us all thank God that we are here today to celebrate yet another Christmas, an occasion which as Christians we should use to remind ourselves of the commencement of the mystery of our salvation and the birth of our Lord, Jesus Christ who is our way to eternity.� He also charged Nigerians to use the occasion to reflect deeply about the pervading sadness in the country arising from difficulties affecting the world, including our country. He said: “This period therefore actually calls for prayers and deep reflection on, and re-examination of, the lives we have led up till this moment. The dictum of Socrates comes to mind here: ‘An unexamined life is not worth-living.’ Obi, who also took the opportunity to remind Nigerians about the coming general election of 2019, called on them to be vigilant and only vote for those with proven track records of performance, especially those who, through practical and demonstrable ways, have proved their capacity to create wealth, manage men and exhibit with deep understanding of the economy,�, which, according to him, were the bywords for Atiku/Obi candidacy. Obi prayed to Almighty God to continue to guide and protect all Nigerians and indeed all men of goodwill , so that 2019 will be a better year for Anambra State, Nigeria and the world Lalong Charges Politicians, Supporters to Be of Good Conduct in 2019 Plateau State Governor, Simon Lalong, has felicitated with Christians in the state, the nation and the entire world as they celebrate the birth of Jesus Christ, stressing that they should emulate the life of Jesus at Christmas. Lalong said Christmas is not just a period to celebrate the birthday of Christ, but also a time for sober reflection, fervent prayers and an opportunity for all believers to demonstrate their love for all mankind, notwithstanding their religious differences, just as Jesus came to salvage all mankind. According to him, Christians should emulate Christ by aligning themselves with all his teachings in every ramification, particularly as they celebrate his birthday. This, for instance, he said, should be by way of giving alms and sharing what we have with the needy like the orphans, widows, and the homeless, among others. The governor said that as the 2019 general elections draw nearer, political parties and their supporters should conduct themselves peacefully and engage in issue-based campaigns to avoid overheating the polity and causing crises. He urged all politicians and their supporters, particularly the opposition, to shun the politics of bitterness and rancor in their campaigns, as well as pray fervently for the successful conduct of the 2019 general election. Tinubu Urges Nigerians to Rise Above Differences All Progressives Congress (APC) national stalwart, Senator Bola Tinubu, has said though there are things upon which Nigerians can disagree and differ, but they must rise over these differences and treat one another with kindness and decency. This is contained in a Christmas message to Nigerians he personally signed and released yesterday in Lagos. The former Lagos State governor said: "There will always be things upon which we will disagree and differ. Such is the way of life. But we must always transcend these inevitable
Oyo State governorship candidate of the All Progressives Congress, Chief Adebayo Adelabu; state governor's daughter, Mrs. Ajibola Ajayi; wife of the governor, Mrs. Florence Ajimobi; Governor Abiola Ajimobi; Prelate Emeritus, Methodist Church of Nigeria, Dr. Sunday Ola Makinde; and state Chairman, Christian Association of Nigeria, Pastor Benjamin Akanmu, during the state's 2018 Christmas Carol and thanksgiving service for the governor's 69th birthday in Ibadan... Sunday
differences to treat one another with fundamental kindness and decency. This is the real spirit of Christmas and this must be the spirit of the Nigeria we seek to build". The message read: "May each and every Nigerian enjoy a Merry Christmas. May you share good tidings with family and friends on this day of peace and joy. "As we gather in our homes to celebrate the day, let us take a moment to reflect on the true meaning of the season. Jesus Christ came into the world not that we may use his birthday as an excuse for festivities. He came into this world to teach us how to show us the best aspects of our common humanity and to point the way to spiritual salvation. "We extend to all Nigerians of all stripes our wishes for a peaceful and happy Christmas. May we join hands and make of this Nigeria a better land for all. May God continue to bless you and this home we call Nigeria." APC Urges Nigerians to Pray for Nation's Progress The All Progressives Congress (APC) has urged Nigerians to use the opportunity offered by the Christmas celebration to offer prayers for the improvement of the situation in the country. While felicitating with Christians and all Nigerians on the joyous occasion of the commemoration of the birth of Jesus Christ, APC said Christians should use the period to pray, "for our leaders and the peace, progress and socioeconomic development of our dear country". A statement issued yesterday by its National Publicity Secretary, Mallam Lanre Isa-Onilu, APC said all should learn to embrace the virtue of self- sacrifice which our Lord, Jesus Christ is noted for. "As we gather with family and friends for the Christmas festivities which is characterised by gift-giving, social gatherings and feasting, we should remember and extend love and generosity to the less-privileged around us. "We should also emulate the virtues of Jesus Christ exemplified by self a sacrifice," it said. The party urged Nigerians to use the joyous occasion to pray for our leaders and the peace, progress and socio-economic development of our dear country. Reject Pessimism, Atiku Brings Hope, PDP Urges Nigerians The Peoples Democratic Party (PDP) Presidential Campaign Organisation has urged Nigerians to use the occasion of this year’s Christmas to pray for the nation and focus on their collective resolve to vanquish oppressive forces and build a peaceful, united country, where all citizens would live without fear. Nigerians should therefore celebrate this year’s Christmas, focusing on the brighter future that awaits our nation under Atiku Abubakar as the next President and not on the pessimism and promise of more suffering by President Buhari. The Campaign's Director of Media and Publicity, Mr. Kola Ologbondiyan, said this year’s Christmas celebration is unique, in that it marks the last under the administration of President Buhari. The main opposition party lamented the ugly situation in which Nigerians cannot celebrate a wholesome Christmas as they use to do prior to the emergence of the Buhari presidency in 2015. Ologbondiyan said, “The birth of Jesus Christ, the Saviour, signifies the triumph of light over darkness and offers Nigerians the new hope and spiritual impetus in their shared quest for a brighter future for our nation under a new administration.� He urged Nigerians not to despair as the PDP Presidential candidate, Atiku Abubakar, whom they have resolved to elect as their new President, has already perfected templates to revamp the economy and ease suffering of the nation.
Osun Lawmakers Advocate Unity
OĂšn State House of Assembly has urged Nigeria to celebrate in love and approach the new year with sense of hope. In a statement by the Chairman House Committee on Information and Strategy Hon. Olatunbosun Oyintiloye, it noted that the assembly joins Nigerians in high sense of gratitude to God to celebrate the yelutide. The lawmakers pointed that the celebration which marks the birth of Christ is not only significant to Christian faith but one that offers hope to mankind The assembly stressed that the celebration which must be done in moderation should be accompanied with compassion and care for the needy. The parliamentarians note that the season should rekindle hope, pursuits of salvation and search for purity at the individual level as well as promotion of unity, oneness, togetherness, selflessness and high sense of patriotism from all Nigerians.
2018 Christmas a Bleak Celebration, Says CUPP
The Coalition of United Political Parties (CUPP) has deemed this year's Christmas celebration most painful for Nigerian citizens. In a statement issued by their National spokesperson, Ikenga Ugochinyere, the coalition heartily wished Nigerians the best of the Christmas season, however they expressed sadness over the economic state of the nation. According to the coalition, "While we are in pains with you as most of our nation's citizens celebrate this season of joy with empty stomach because of unbearable economic pains inflicted by President Buhari's incompetence, we urge Nigerians to be steadfast in mobilization and prayerful as 16th February, 2019 is Nigerians date with destiny. "The cost of transportation has now gone out of control of the ordinary people. In most instances it has gone between the 300 per cent to 500 per cent mark. “Staple food items are now like luxury to Nigerian families. Rice, yam, maize, vegetable oil, tomatoes, and other basic food ingredients are so expensive that many families are in dire straits at he moment as how to survive this season." The group lamented that federal government did not make any attempts to pay contractors who they are owing, thereby making it impossible for them to pay their staff their December salaries. The coalition stated further that the incompetence of President Buhari and his ineffectual policies are responsible for the economic woes of or nation.
We Can Redeem Nigeria with Truth, Says Catholic Bishop
The Catholic Bishop of Awka Diocese, Most Rev. Dr. Paulinus Chukwuemeka Ezeokafor, has said that Nigerians can redeem the country with truth. Ezeokafor who delivered a Christmas message to Nigerians, tasked Christians in the country to pursue truth and honesty in order to redeem the nation from abysmal darkness as the world commemorates the birth of Jesus Christ. Ezeokafor said, “What we are commemorating in our time happened more than two thousand years ago as earlier foretold by the prophets of Old. The feast brings Christians scattered all over the world to a happy celebration of the salvific event of the incarnation of the Son of God. God was born in our midst, on earth, and became like us in all things except sin, that we could be one with him. The Bishop further emphasised that truth-telling was a call to both civic and religious responsibilities. He said truth has a vindicating, liberating, and redemptive power, which has the capacity to saves, lives, while urging all to cultivate a habit of truth.
TUESDAY DECEMBER 25, 2018 ˾ T H I S D AY
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Security Watch Accuses Defence Minister of Deploying Military Checkpoint Around His House Kingsley Nwezeh in Abuja A group, Security Watch International, yesterday accused Minister of Defence, Brigadier General Mansur Dan-Ali (rtd), of influencing the deployment of military checkpoints around his house in Zamfara State in the face of raging banditry in the state. The minister, had weekend, attributed insecurity in the state to poor governance, unemployment and drug abuse. The group, in a statement, signed by Director, Security Strategy of the organisation, said the minister was only concerned about his personal security hence the deployment of checkpoints around his house while the state was on fire. “The minister has, contrary to all expectations, influenced deployment of soldiers around his house while bandits ran
amok in the state. “He has accused the state government of poor governance and unemployment which he said are reasons for the banditry but in doing so he has failed to realise that the state is on fire,” the group said. But in a swift reaction, Public Relations Officer to the Minister, Colonel Tukur Gusau, said there was no such deployment except “normal military patrol which is all over the state in view of the security situation there. “The minister is deeply concerned about the security of the state. That is why he supported and welcomed the establishment of military formations of the Army and the Air force in the state and the entire North-west as directed by the President. “The military patrol around his house as they claim, is the same patrol around the
state. It is not restricted to a particular area. “The minister’s family is not in Zamfara State; so, that is not correct”, he said. Also reacting to the
accusation, Nigerian Army spokesman, Brigadier General Sani Usman, said the army was not involved in “discriminatory deployment”. “Our deployment is for
the security of the nation not just Zamfara State; So, military presence in Zamfara is designed to address the security challenge there. “Nigerian Army does not
engage in discriminatory deployment. “We aim to protect the territorial integrity of the nation and not for particular individuals”, he said.
Akwa Ibom Govt Makes U-turn, Allows Buhari to Use Stadium for Campaign After its initial rejection of a request by the All Progressives Congress (APC), the Akwa Ibom State government has given approval for the APC to use the Godswill Akpabio International Stadium, Uyo, to host President Muhammadu Buhari and other APC leaders this Friday. The state government’s approval is contained in a press statement issued on Monday evening by the Commissioner Youth and Sports in the state, Monday Uko. “Following a decision by Julius Berger Plc to recall their staff from their scheduled holiday, the Akwa Ibom State Government has approved the use of the Nest of Champions Stadium, Uyo for the flag off of the President’s electioneering campaign on December 28, 2018,” Mr Uko said in the statement. “However, all other terms of use will remain effective. “Organisers of the rally are expected to meet with the stadium management to finalise this approval,” the commissioner added. One of the reasons the government gave for its initial rejection of the APC’s request was that the officials of the
construction company, Julius Berger, which maintain the facilities in the stadium, had shut down and travelled abroad for their end-of-the-year holiday. The government had also said using the stadium for political campaign was going to have adverse effect on the grass in the stadium. “The next season of the Nigeria Premier Football League (NPFL) is scheduled to begin on January 13, 2019. In view of this and the fixtures of home matches for Akwa United FC, it will be practically impossible to ‘regrass’ the stadium for pre-fixed matches, if used for non-sports activities, because of the nature of pressure that such events bring on the pitch,” the commissioner, Mr Uko, said on Friday. The government had directed the APC to make use of an alternative venue – the Uyo Township Stadium. The government’s action, apart from being rejected by the APC, generated controversy within and outside the state, with some people seeing it as Governor Udom Emmanuel’s way of hitting hard on his political opponents.
BUDGET LAYING…
Borno State Governor, Kashim Shettima, laying the 2019 Appropriation Bill after his presentation at the state House Assembly in Maiduguri...yesterday
Cole: Wike’s Termination of Sale of State-owned Power Plants Political, Sad The gubernatorial candidate of the All Progressives Congress (APC) in Rivers State, Tonye Cole, has described last week’s termination of the sale of valued assets of Rivers State to companies linked to him as political and sad for the development of the state. Cole said the Minister of Transportation and former Governor of the state, Chibuike Amaechi, under whose tenure he acquired those assets, is not his business partner as bandied by the Governor Nyesom Wike. But the state Government has also fired back asking Cole to search his conscience and challenge the decision in court if he feels aggrieved. The Rivers State Government last week announced the termination of the share sale contract for the sale of 70-per cent equity of the state Governmentowned power generation assets held by First Independent Power Limited in Omoku, Afam, Trans-
Amadi and Eleme Gas Turbines to NG Power-HPS Limited. The government also terminated the concession of the Rivers and Bayelsa State-owned Olympia Hotel to Cenpropsaroten Hotel Management Limited. It further terminated the concession agreement between the government of Rivers State and Kild concession Limited in respect of the construction of a toll road and secondary developments in Abonnema Wharf, Port Harcourt. The three companies are subsidiaries of Sahara Energy Limited, said to be owned by the APC gubernatorial candidate, Tonye Cole, and allegedly used by Amaechi, to acquire state assets. But addressing journalists in Port Harcourt yesterday, Cole explained that contrary to belief in some quarters, he was not the sole owner of the companies involved in the purchase of the
state assets and maintained that the companies have kept to the rules of good corporate governance in all its transactions. He explained: “I set up a company of three individuals. I don’t own the company. There were three key partners that set it up. I own a third of that company. In the 23 years we ran that company, we added at least four more partners who came in at different stages that took equity. “They are not Rivers people. They are from all over Nigeria in different shades and forms. We employed people across board, in Nigeria, Singapore, Geneva, people from all nationalities. Total staff strength within Nigeria when I left was more than 3,300. “So it’s not a small company, neither is it a one-man company. It follows all the tenets of law, sits on international bodies, United Nations, Partnership against Corruption Initiative.
It’s at the World Economic Forum, different international organisations. “One of the cardinal points of such is that the company must have integrity and must stand on the rule of law. There is nothing we did, nothing we have done that has not gone under scrutiny that was not checked.” Cole, who said he was not worried about the termination of the sales, stated that his companies have passed through several scrutiny in the country, including fuel subsidy and had never been indicted. He insisted: “What happened a few days ago, smacks of politics, all politics left right and centre and it is sad. The white man says you don’t cut your nose to spite your face. He however, said he had left the company since he joined politics and would allow the company react as it deemed fit.
Deji Elumoye in Abuja
was arrested after leading a protest in Abuja and sundry charges were filed against him. According to the senate president, a situation where the activist was re-arrested after being given bail by a court indicated a deliberate attempt to get him out of circulation. “The way the matter has been handled and the last decision of the Magistrate Court to remand the young man in prison till after the conclusion of the 2019 polls has presented our democracy in bad light. We are now looking like a country that has receded to the period of military rule. “The president needs to intervene to find out whether the current travail of Deji
Adeyanju has anything to do with his frequently expressed viewpoints against the federal government and why his arrest after leading a protest has now ignited all the various charges being filed against him and if it was true that the charges for which he has been remanded in prison till February had actually being adjudicated upon by the High Court. “It should be noted that prior to the coming to office of this government, those of us in opposition, the APC, freely criticised the Goodluck Jonathanled government and flayed their actions and statements without any attempt by the administration to stifle opposing views. This
administration, which benefitted from such open market place of ideas, which is a key tenet of a democratic regime, cannot offer anything less to our people. “At this point, President Buhari should not allow the excesses and over-zealousness of some security agents to give his government a bad name and that is why I think he should interfere and let the world know the truth about this case. It is obvious that this case is purely political and not about any judicial action. I also call on all human rights protection groups to wade into this matter and ensure we do not watch helplessly as the rights of a citizen is being trampled upon”, Saraki said.
Lalong Proposes N148bn Budget Saraki Urges Buhari to Release Activist Adeyanju Seriki Adinoyi in Jos
Plateau State Governor, Simon Lalong, yesterday proposed N148 billion ‘Budget of Rescue and Infrastructural Growth’ for 2019 to the state House of Assembly. Speaking at the occasion, Lalong said: “You will recall that on December 22, 2017, I presented to this honourable assembly a ‘Budget of Rescue and consolidation’. The underlining principle of the budget was to consolidate on the gains and achievements of this administration since the beginning of our ‘Rescue Mission’ in May 2015. The budget was also aimed at completing the ongoing projects as our first tenure is gradually coming to an end.
“During the period in question, which also marked the third year anniversary of our administration, I made a statewide address with the theme: ‘Integrity, Accountability and Transparency in Leadership’. This arose from my desire to further entrench these values as a standard in responsive and people-oriented governance. This ideal cannot be different for 2019 budget presentation which is the last to this eighth assembly. “For the 2018 fiscal year, a budget of N145, 488,066,352.00 was presented to this honourable assembly. The assembly deliberated and passed a budget of N146,406,074,921.00 which was signed by my humble self on the January 30, 2018.
Senate President, Dr. Bukola Saraki, has called on President Muhammadu Buhari to release social critic, Mr. Deji Adeyanju. He said the president should also ensure that Adeyanju’s fundamental human rights are not continuously abused by the police as the case is more political than judicial. Saraki in a statement issued in Abuja yesterday by his Media Adviser, Yusuph Olaniyonu, noted that Adeyanju’s case is presenting the present administration in bad light as a government that is intolerant of criticism. Saraki noted that Adeyanju
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Enugu APC Crisis Deepens, Governorship Candidate Berates Faction Onyebuchi Ezigbo in Abuja The post-primary election crisis bedeviling the All Progressives Congress (APC) in Enugu State has worsened as the party’s governorship candidate, Senator Ayogu Eze, has accused another claimant to the position, George Ogara of engaging in deceit to attract sympathy. Ogara had disputed the emergence of Eze as APC’s governorship candidate in Enugu state, having participated in a another primary organised by
a faction of the state executive. Ogara had alleged that his campaign office was attacked by persons linked to Eze for political reasons. But Eze said Ogara is lying, adding that he is on an impossible mission. Eze said “our attention has been drawn to a calumny campaign by a faceless group claiming that the defunct campaign office of one Geroge Ogara who was an unsuccessful aspirant in the past APC governorship primary election
in Enugu State was attacked in Enugu and that supporters of our governorship candidate may have been responsible having lost the party’s primary election for the governorship candidate”. Eze in a statement issued yesterday by his campaign Spokesman, Okey Ezirigwe , said the reported attack on Ogara’s campaign office in Enugu was a stage-managed antics aimed at drawing unwarranted attention to himself. “Ordinarily we would have
ignored it knowing that all that they wanted to achieve was to draw attention to themselves. We don’t believe his so-called office was attacked but if it was, it must have been orchestrated by him to draw attention to himself,” he said. Eze’s aide further said the rush to name someone as suspect even before the police began their investigation has portrayed the whole saga as nothing but “stage-managed hoax”. He said Ogara is not a threat
to Eze’s gubernatorial ambition and cannot therefore warrant any of his supporters wasting precious time and energy to attack the campaign office. “To set the records straight for the public however, we wish to state that it was a stage-managed hoax, designed to distract Senator Ayogu Eze Campaign Organisation from the serious issues of election and to waste precious time joining issues with a non-existent candidate, known only in the delusional imagination of those
who have been funding him and goading him into a mission impossible. “Our campaign is focused on issues of mis-governance and has no time for violence. Our principal, Senator Eze abhors violence and will not condone it by any of his supporters or anybody within his campaign structure. “We call on the police to investigate the so-called attack, if it ever happened, and bring anybody indicted to book,” he said.
FG Receives Panel Report on Suspended NHIS Secretary Olawale Ajimotokan in Abuja The Presidential Indepe––ºndent Fact-finding Panel, which probed the allegation of fraud against the suspended Executive Secretary of National Health Insurance Scheme (NHIS), Dr. Usman Yusuf, has submitted its report to the federal government. The panel headed by Dr. Bukar Hassan, a retired Permanent Secretary, submitted the report yesterday to the Secretary to the Government of the Federation (SGF), Boss Mustapha. The report comprises six annexures and a main summary of the findings. It was submitted almost two months after the panel was inaugurated. Hassan disclosed that in the course of the investigation, the panel interfaced key stakeholders, including the Minister of Health, Dr. Isaac Adewole; Permanent Secretary of Ministry of Health, Abdulaziz Mashi Abdulahi; the suspended Executive Secretary NHIS, the management team of the scheme, the union leaders and the staff among others. He also added that the panel constituted sub teams to examine the alleged infractions
against Yusuf as they related to administration, financial management and procurements, while the sub-teams also reviewed memoranda and presentations received from stakeholders. President Muhammadu Buhari had approved the establishment of the panel into the NHIS crisis after due consultation. Yusuf was suspended on November 1, 2018, while the Director of Administration in the Office of the Head of the Civil Service of the Federation, Mr. Ben Omogo, was deployed to oversee the affairs of the scheme. The panel was tasked to investigate the alleged infractions listed by the NHIS Governing Council in a letter dated October 18, 2018, and determine the extent of culpability or otherwise of Yusuf with regards to the allegations. After receiving the report, Mustapha assured the panel that it would be expeditiously processed for implementation while the decision of the federal government on the panel recommendations would be made public at the appropriate time.
APC Youths Query Oshiomhole’s Sincerity over Buhari’s Re-election A youth group in the All Progressives Congress (APC), the Progressives Youth Movement, has expressed concerns over the sincerity of the National Chairman of the party, Adams Oshiomhole, to the re-election of President MuhammaduBuhari in the 2019 presidential election. The group in a statement released in Abuja and signed by its Chairman ,Mallam Usa Abdullahi and Secretary, Udo Akpandem, stated that some actions of the national chairman that tend to undermine the electoral chances of President Buhari have kept them worried about whether the chairman is working for the re-election of President Buhari or is a fifth columnists in the APC as alleged in some quarters. “We view with concern the threat by Oshiomhole to report political parties other than the APC who are adopting and campaigning for President Buhari ahead of the 2019 elections. The National Chairman of the APC, Adams Oshiomhole had been reported lately as condemning the adoption of President Buhari by political parties of former members of the party who then adopted President Buhari and campaigned for him alongside
the campaign for their new parties’ candidates. He threatened to report them to the Independent National Electoral Commission (INEC) for fraud. The Progressives Movement in its statement stated that this posture of Oshiomhole casts doubt on his commitment to the success of President Buhari in the 2019 elections. “We had expected that the National Chairman would be happy that other political parties are adopting President Buhari and campaigning for his re-election. It is illogical that a party chairman would be unhappy that other parties are campaigning for his presidential candidate. “With his present stand, Oshiomhole is demonstrating that fighting his personal war against some perceived adversaries is more important to him than the successful election of President Buhari for a second term. “We see a contrast in the stand of Oshiomhole and the posture of the Peoples Democratic Party (PDP) which is encouraging members of other political parties through the platform of CUPP to adopt and campaign for its presidential candidate.
COURTESY VISIT…
L-R: Wife of first civilian Governor of Lagos State, Alhaji Lateef Kayode Jakande, Abimbola; governorship candidate of All Progressives Congress (APC) in Lagos State, Mr. Babajide Sanwo-Olu; and Alhaji Jakande, during a courtesy visit of Sanwo-Olu and his campaign team to the former governor, at his Ilupeju Residence, Lagos...... yesterday KOLA OLASUPO
Sophie Oluwole is Dead, Buhari Mourns Top African philosopher, Professor Sophie Oluwole is dead. President Muhammadu Buhari has condoled with the family over her death. Oluwole known for her pan-African stance passed on at the age of 83. Her death was confirmed by one of her colleagues, Professor Yomi Akinyeye of the Department of History and Strategic Studies, University
of Lagos. He said, “Yes, I just confirmed it now. I spoke to her daughter who confirmed it to me. I don’t have the details just yet.” It was reported that Oluwole died around 8 p.m on Sunday evening after a protracted illness. Oluwole was the first Nigerian female doctorate degree holder in philosophy
and a practitioner of Yoruba philosophy. She was born in Igbara-oke, Ondo State in 1936. She went to school in Ife, and was critical of the education system in the 1940s, saying a woman’s career prospects were “not your ambition: it was your parents’ ambition.” She studied History, Geography and Philosophy at the University of Lagos and eventually settled on
philosophy. Following her first degree, she was employed in UNILAG as an assistant lecturer in 1972, and went on to complete her PhD in philosophy at the University of Ibadan. The first female doctorate degree holder in philosophy in Nigeria and professor taught African Philosophy at UNILAG for six years between 2002 and 2008.
I’ll Never Betray Atiku, Says Dankwambo Kayode Fasua Gombe State governor, Alhaji Ibrahim Dankwambo, has dismissed a speculation that he is in league with the Sokoto State governor, Aminu Tambuwal, to betray Peoples Democratic Party (PDP) presidential candidate, Alhaji Atiku Abubakar. Dankwambo, who assured that he was solidly behind the former
vice president, also promised the latter of delivering the entire North-east to PDP in the coming presidential election. The Gombe State governor, who is the chairman of the Atiku Campaign Organisation in the North-east, spoke through his Senior Special Assistant on Press Affairs, Alhaji Junaid Usman Abubakar, in an interview with THISDAY
yesterday. “Dankwambo is not being led by Tambuwal; so, everybody is on his own. But be rest assured that Dankwambo is a man of principle and a loyal party member. His yes is yes and his no is no. “Once he accepted the outcome of the PDP presidential election and promised to support Atiku, so be it; he can never change gear. He
is not a man with Janus face. He looks straight ahead once he has taken a course of action. If you must know, Dankwambo is highly principled,” Abubakar said. He added that his principal wielded so much influence in the entire North-east, having sustained a reputation of being a stable PDP leader and a great achiever in his eight-year rule as governor.
FG: WE SPENT ECA WITHDRAWALS ON MILITARY HARDWARE, PARIS CLUB REFUND TO STATES She stated: “But we will do everything possible for high network individuals pay the right amount of taxes. We will also implement the special luxury taxes that were already approved by not implemented“ The minister also noted that while revenue performance has improved, it was still not meeting set targets, and advised revenue generating agencies to do
more. Ahmed observed that while this year’s revenue performance is an improvement from last year’s, with a 40 per cent increase as at the end of the third quarter of 2018, the performance was unsatisfactory to the administration when compared with the targets that were set out to achieve with an overall revenue out
turn of 53 per cent in the same period. She warned that the head of government agencies would be held responsible for revenue set targets. “That means, there will be consequences for failure to meet revenue targets,” she warned. According to her, in 2018, despite the revenue shortfall the federal government has
been able to pay salaries and service debts 100 per cent even as she warned MDAs against funding elections. “We have released seven months overhead funding, and N995bn capital releases by December 21, 2018. We plan to perform better during the rest of the budget year by driving up revenue generation to improve the fiscal space for spending,” she said.
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Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
Onazi Undergoes Successful Surgery for Ruptured Achilles r May miss AFCON 2019 due to lengthy sideline Duro Ikhazuagbe
Super Eagles combative midfielder, Ogenyi Onazi, who ruptured his Achilles in his club, Trabzonspor’s 4-1 win at home to Rizespor last Sunday has undergone a successful surgery in Istanbul, Turkey. Trabzonspor posted the good news of the successful surgery of their prized player on the club’s website yesterday. Although the club doctor, Yasar Kibar Guven, who was with the Nigerian at the hospital confirmed that the operation was a huge success, did not specify when
the former Lazio player will return to action Onazi was stretchered off in the 32nd minute and was speculated to face a lengthy spell on the sidelines which may force him to miss Nigeria’s last AFCON 2019 clash with Seychelles. The 25-year old who started 16 out of 17 Super Lig games played by Trabzonspor in the first half of the season and scored twice has been a key part of Karadeniz FĹrtĹnasĹ’s good run which ensured they finished second on the log at the end of 2018. Trabzonspor club President, Ahmet Adouglou was the first
to confirm the player’s injury on Sunday also visited Onazi at the hospital after the surgery. Onazi started his professional career in Italy with Lazio, winning the 2013 Italian Cup, before switching to Turkish side Trabzonspor in August 2016. He played for Nigeria at the 2009 Under-17 World Cup on home soil and has scored once since making his senior debut
against Liberia in October 2012. Onazi, who has 51 international caps, helped Nigeria win the 2013 Africa Cup of Nations, and played in all four of his country’s games at the 2014 World Cup in Brazil. Just recently, Onazi restated his commitment to the Nigerian senior national team after he was overlooked in Super Eagles last three matches of
the AFCON 2019 qualifiers due to injuries. His performance in his last appearance away to Seychelles after the World Cup raised question marks over his form and fitness, but the midfielder insists he is back to his best form at Trabzonspor. “It was a tough time I must admit, but despite all the criticisms I remain committed to playing for my country,� Onazi told BBC Sport. “Whenever I go out there
to play I give 120%, but unfortunately my achilles tendon problems slowed me down. Now things are looking up again for me at club level, I hope to keep giving my best to my country as well.� Unfortunately, the Achilles tendon problems that kept him outside the Nigeria resurfaced Sunday to now caste doubts over whether he may be able to recover on time for the African football showpiece next summer.
CAF CHAMPIONS LEAGUE
Lobi Stars in Pot Four as Foes Emerge on Friday Femi Solaja with agency report
While Rangers International of Enugu still have another hurdle to cross before reaching the group stage of CAF Confederation Cup competition, Nigeria’s representatives in the CAF Champions League competition, Lobi Stars of Makurdi, will know their opponents in the group phase tournament on Friday when the draw ceremony holds in Cairo, Egypt. Lobi Stars, the Pride of Benue would be playing in the money-spinning phase of the competition for the first time since 2000 after knocking out Kenya’s Premier league champions Gor Mahia 2-0 at the Nnamdi Azikwe Stadium on Saturday to qualify via the away goal rule after the game tied 3-3 on aggregate. CAF confirmed on its Twitter handle yesterday that the Nigerian representative is in
Pot Four alongside JS Sauora of Algeria, Ismaili of Egypt and Simba Lions of Tanzania. Pot One consists of former winners of the competition namely; Esperance of Tunisia, TP Mazembe of Congo Democratic Republic, Wydad of Morocco and Al Ahly of Egypt. In Pot Two are Club Africain of Tunisia, Mamelodi Sundown of South Africa, Horoya of Guinea and Vital O of Burundi while in Pot Three are Orlando Pirates of South Africa, Asec Mimossa of Côte D’Ivoire and Platinum FC of Zimbabwe. As for Rangers, Nigeria representatives in the CAF Confederation Cup, they will be drawn against any of the losers in the Champions League first round. A win over the two legs will see the former African Cup Winners club tournament reach the group stage of the second tier African club competition.
Lebron James Apologises for ‘Jewish Money’ Instagram Post Basketball star LeBron James has apologised after sharing a lyric about “Jewish money� on social media - saying he thought it was a compliment. James was called out over the lyric - which comes from a song by US rapper 21 Savage - after he shared it with his 45.8m followers on Instagram. US journalist Darren Rovell was among those drawing attention to the post, saying it was “offensive�. But James said it was not his intent “to hurt anyone� with Saturday’s post. “Apologies, for sure, if I offended anyone,� he told sports channel ESPN on Sunday. “That’s not why I chose to share that lyric. I always [post lyrics]. That’s what I do. I ride in my car, I listen to great music, and that was the byproduct of it. “So I actually thought it was a compliment, and
obviously it wasn’t through the lens of a lot of people.â€? Many of his fans had come out in support of James, who joined the Los Angeles Lakers in July on a four-year deal worth $154m (ÂŁ116m). But Rovell took to Instagram himself to detail exactly why it was offensive. However, he did praise the star for apologising. “One of the reasons he’s the off-the-court star he is is because he has an impressive emotional intelligence who, considering his time in social media age, has made so few mistakes,â€? Rovell tweeted. But this was not the only controversial comment the 33-year-old sportsman has made in recent days. He described the owners of American football’s NFL as “a bunch of old white menâ€? who “got that slave mentalityâ€? during his HBO show The Shop on Friday.
Ogenyi Onazi may miss AFCON 2019 due to achilles injury
EPL Title Race Still Open, Says Klopp Liverpool boss Jurgen Klopp has said that “nobody should feel safe� in the English Premier League title race and insists Chelsea and Arsenal remain in the hunt. Klopp’s side will reach the halfway point of the season on Boxing Day at the top of the table after establishing a four-point lead. Chelsea and Arsenal, who are fourth and fifth respectively, are 11 points behind the Reds with 20
games to play. “No-one should feel out of the race,� said Klopp. In eight of the past 10 seasons, the leaders on Christmas Day have gone on to win the Premier League. The two exceptions were in 2008-09 and 2013-14 - and on both occasions it was Liverpool who slipped from top spot to finish the season in second. Klopp, whose side is unbeaten in the league and host Newcastle United
on Wednesday (15:00 GMT kick-off), added: “No decision is made, why should it be?� The German’s comments came after Tottenham boss Mauricio Pochettino said Liverpool and Manchester City are “clear favourites� for the title after his side thrashed Everton 6-2 at Goodison Park on Sunday to narrow the gap to secondplaced City to two points. “I saw the game against Everton - who played
absolutely more than OK - and then they (Spurs) hit pretty much everything and it was really impressive how Tottenham did,� said Klopp. “The same will happen to Arsenal and Chelsea. “For me, they (Tottenham) were never out so why should people be surprised they are now in? “A lot of teams are in whatever you call the title race, and that is how it should be,� observed the German tactician.
GOtv Boxing Night 17: I’ll Teach ‘Joe Boy’ A Lesson, Says Ganiyu African Boxing Union (ABU) lightweight champion, Otto “Joe Boy� Joseph, will have a torrid time at GOtv Boxing Night 17 on December 28, if the words of his opponent, Hammed “Ese� Ganiyu, is to be believed. Both boxers are scheduled to go against each other in a national lightweight challenge bout, one of the eight contests billed for the event, which holds at the Tafawa Balewa Square. The event will feature live musical performances by Burna Boy, Wande Coal, Teni da Entertainer, Daddy Showkey, TJ Classic and
OJ Flamez. According to the lesser known Ganiyu, anonymity will be a big weapon in his duel against the yet undefeated Joe Boy. “I have seen him fight many times and I know his strengths and weaknesses. He knows nothing about me. I will shock him and teach him a big lesson. He has been dismissive of my chances, but he will realise on that day that he has made a mistake,� he boasted. GOtv Boxing Night 17, the biggest ever edition of the show, will feature the World Boxing Federation (WBF) Intercontinental
super featherweight title bout between Segun “The Machine� Wahab of Nigeria and Issa “Peche Boy� Nampepeche. Also scheduled is an international middleweight challenge clash between USbased Nigerian, Oluwafemi “The Eagle� Oyeleye, and Victus Kemavor of Ghana. Other bouts include a national light welterweight challenge between Olaide “Fijaborn� Fijabi and Yusuf Mufutau; and national lightweight challenges between current West African Boxing Union (WABU) lightweight champion,
Rilwan “Real One� Oladosu and Mubarak Hamzat; and Ridwan “Scorpion� Oyekola and Nurudeen “Prince� Fatai. Femi “Small Tyson� Akintayo will square up against Ebubechukwu “Coded Man� Eze in a middleweight contest; while Opeyemi Adeyemi will slug it out against Jamiu Dada in a bantamweight challenge. The event will be beamed live on SuperSport in 47 African countries, and the best boxer at the event will go home with a cash prize of N1.5 million alongside the Mojisola Ogunsanya Memorial Trophy.
5 ) * 4 % ": t TUESDAY, DECEMBER 25, 2018
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MISSILE PDP to Osinbajo “It’s laughable that Prof. Osinbajo is swimming in wishful thinking, even when it has become obvious that he and President Buhari will no longer have any political relevance after May 29, 2019. Osinbajo thinks he can sweet-talk and cajole the people of the Southwest to shed their already established support for the PDP presidential candidate, Atiku Abubakar.” – The PDP accusing Vice President Prof. Yemi Osinbajo of positioning himself to succeed President Buhari in 2023
TUESDAY WITH REUBENABATI Christmas Before The Elections abati1990@gmail.com
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t’s Christmas! But quite a pity that as we celebrate today, the symbolism of Christmas, its religious essence is lost on us; its meaning is less apparent in our lives. When the world was gifted with the birth of God’s own Son, through immaculate conception, the Heavens rejoiced, men proclaimed the arrival of the Messiah, angels sang, men chorused Alleluia. Christmas is the celebration of that special moment, the remembrance of the moment of salvation, the feast of Nativity. The child in the manger in Bethlehem brought hope, renewal, and joy. He was born without Original Sin. With his death, he became a symbol of redemption, sacrifice and expiation. He lived for 33 years. His ministry was short but it changed the course of human history. Like all avatars, he illuminated the path for the future of humanity. He was not known for riches, indeed he was poor and he suffered, but he preached the rich messages of salvation, love, humanism and humility. He left behind an eternal legacy of hope. Christians believe and insist that Jesus Christ was God in Human form. The Holy Spirit….the gateway to Eternal Life. We are not all Christians. Ours is a fundamentally religiously diverse country, and for that reason, not everyone celebrates Christmas. Our governments are also expected to be neutral in matters of religion, even if they don’t ever listen. But the special thing about Christmas is the time of its celebration: it coincides with the end of a year and the beginning of another year, and thus we all get caught up in the same mood: signaling closure and opening, exits and entrances, we look back, we look forward. This is one of those inevitable periods when we take stock. We reflect. We express hope. We make new plans. Individual accounts may differ, but generally, it has been one hell of a year, looking back. Across the world, trouble and despair. In Venezuela. In Syria. In Afghanistan. In Iran. In Mexico where a caravan of human beings is rushing towards the US, for hope, for refuge, and salvation, and a son of immigrants who happens to be US President is ironically screaming “Stop the Caravan”; “Shoot Them.” It is the same story of hardship in all the cities of the world that have been devastated by hurricanes, cyclones, earthquakes and monsoons. A city called Paradise was wiped out by fire in North East California. In the United Kingdom, Brexit has turned the old Empire into a place of uncertainty. Europe is facing the resurgence of racism and the politics of hate. The times are hard. Man is vulnerable. Global temperatures are rising above limits. Closer home, strange things are happening too. Herdsmen are killing farmers and vice versa. When Nigerians are slaughtered in large numbers, the people simply shrug and move on. In the course of the year, two retired military Generals were killed on roads that have become the den of kidnappers, assassins and murderers. Nigerians are so confused they are beyond shock. Rape has become a daily occurrence. Men as old as sixty years rape children as young as the age of five years. Men sleep with their daughters. Old women are not spared. The Third Mainland Bridge and the Lagoon in Lagos have become favorite spots for suicide. Poverty reigns supreme.
INEC Chairman, Mahmood Yakubu
The economy is in bad shape, more or less. The people are blaming their leaders. Political leaders are blaming each other and sometimes, they blame the people too... At no other time in Nigerian history has common sense been in such short supply. The other day, the President of Nigeria stood before the National Assembly to present the national budget. He was booed by lawmakers including members of his own party. In some other climes, that would have been taken as
a vote of no confidence in the government of the day. But the government is busy boasting that it will get a second term in office in spite of Nigerians. After all, Americans boo Donald Trump too. Jesus Christ was an embodiment of selfless leadership. This is a virtue that is now in very short supply globally. We are in the season of arrogant, boastful leaders. Jesus Christ preached kindness. We are in the age of viciousness. Jesus promoted love. Today’s leaders hate the same people that they lead. They whip them with words and weapons. Jesus Christ came to save souls and the whole of humanity. Many of our leaders today just want to save their own stomachs. They are quick to make promises, and yet much quicker to fail us. We don’t have regular electricity supply. They say it is our fault. They promised us change, now they say we can only get the change we seek if we give them more time. They play on our intelligence with time. Once upon a time, in this same country, Christmas used to be a time of abundance. By Christmas eve, you would see families travelling towards the East and other parts of Nigeria, with vehicles loaded with fowls, turkey, sundry gift items and so much excitement on the people’s faces. Lagos used to be partially deserted during Yuletide till about the second week of January. This year, fewer people travelled. This is the Christmas before the next
general election. But there is anger in the land. The people are so angry they now tear off the posters being pasted by politicians. The next elections offer us an opportunity to make a statement with our votes, and it is the people that must decide. This is the best time to reflect on the last four years and the immediate future. The international community is watching as we have been told. That community is more interested not in the spectacle of lawmakers booing the incumbent President or a President seeking public pity. The international community is interested in free, fair, credible and transparent elections and the right of Nigerians to choose their own leaders. They want a stable Nigeria that is good for investment and trade. The world may be troubled. The land may be divided. The people may be hungry. But hard times always pass, and these hard times shall also pass. Christmas is not about the wrapped gifts around the Christmas trees, or the glittering lights in the garden. Nor is it about gift-bearing Santa Claus. It is time to think briefly about God. Be kind. Love your neighbor as thyself. Forgive. Help the less fortunate. In spite of all doubts, have hope. The hope that after sacrifice, there will be salvation. That is the message of Christmas. Merry Christmas, everyone. May the joy and blessings of Christmas fill your home, bring you fulfilment, hope for a greater tomorrow, and life more abundant.
The Sex-For-Marks Professor
Professor Richard Akindele, Professor of Management and Accounting at the Obafemi Awolowo University has been sentenced to a six-year jail term for demanding sex in exchange for marks from a post-graduate student, named Monica Osagie. He must be having the worst Christmas of his life. He is now in prison, away from friends and family, the career that he had built with his sweat and intellect, just because he fell for a lady, his own student with whom he exchanged erotic messages and pictures on WhatsApp. He has lost his job. He has been disgraced. He pleaded not guilty, then he changed his plea to guilty. He would later ask for plea bargain. The court refused. The learned Justice Maurine Onyetenu of the Federal High Court in Osogbo, explained obiter: “The plea bargain is not absolute. The court still has discretion. This kind of issue is rampant in our tertiary institutions. We send children to school. They come home telling us that lecturers want to sleep with them. We cannot continue like this. Somebody has to be used as example. Even primary school pupils are complaining. Telling me to suspend sentence does not arise. Plea bargain does not arise. May be the case will continue to occur and reoccur because someone has not been used as example. It is time for the court to start upholding the right of the children, especially female students. This is endemic.” The Judge is right. Sexual harassment is endemic in Nigeria. It is indeed an epidemic of serious proportions. Man-woman power relations in all aspects of our society is dictated by demand for sex by powerful males in a most oppressive and denigrating manner. Nigerian men in positions of power seem to assume a
sense of entitlement over a woman’s body be it their own spouses, or other people’s wives, sisters, or daughters. Professor Akindele’s case is celebrated because in part, he is one of such known offenders to be brought to justice and shamed in public. Ordinarily, the #MeToo movement is not likely to become popular in Nigeria nonetheless. If every woman were to begin to name men who had harassed them sexually at one point or the other in their lives, every Nigerian man would probably be in prison. From catcalls to unsolicited suggestive comments, lewd remarks and open desperation, Nigerian men routinely treat women as sex objects. This objectification of women is taken as normal. It is part of our socialization process. Ask young ladies who board public buses or taxis. They are groped by men who do not know how to keep their hands to themselves. They are ogled by men with big and small eyeballs. Cab drivers don’t know how to keep their mouths shut. A woman’s beauty has been the source of temptation for many men. It is for this reason that Professor Richard Akindele is likely to enjoy the sympathy of a misogynistic public. The law may have taken its course, but I have heard such comments as: “what is the matter? Why should the man go to jail for just asking for five rounds of sex? He has not even done the thing oh”. Monica Osagie may have been called names by men who insist that many young women these days entice men with their mode of dressing, or that it is wrong to destroy a man’s career just because he asked for “only five rounds!” Any argument that the Professor was in this instance abusing his power is immediately met with the retort that he should appeal the judgment
of the High Court. He has been described as a man of God. His own wife has described his travails as the handiwork of the Devil. Akindele’s lawyers obviously forgot to remind the Judge of the role of the Devil in the matter! This reaction is not significantly different from what happened at the Yaba market in Lagos, the other day. A group of ladies had gone to the market with placards to protest against the molestation of women by Nigerian men. “My short skirt is not an invitation to rape”, they said. “Respect women”. “boys, stop touching us”. They called their protest “Market March”. They were met by a countercrowd of angry men who abused them and threw stones and pure water sachets at them. They were told to get lost or they would be harassed again. The men called the women “prostitutes, asahawo.” They told them: “Na lie. We must touch. Who no like better thing?” In major markets in Lagos, male traders, we are told, routinely touch and grope women. Many of those male traders should be where Professor Akindele is right now, but they are out there because society continues to tolerate sexual predators. Professor Richard Akindele may end up spending a much shorter time behind bars. His church members are also most likely still praying against the Devil. But one thing is certain: other university teachers will learn from his example. One lesson: Be careful what you do with your phone- Professor Akindele has forfeited his Samsung Phone to the Federal Government of Nigeria for using it to send sex messages. Another lesson: every man should avoid every “Monica” out there who can send a man to jail, just before Christmas.
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