TUESDAY 8TH JANUARY 2019

IPI, NPAN, NGE Rap Military over Harassment of Daily Trust Ejiofor Alike with agency reports Media stake holding groups, including the International Press Institute (IPI), Newspaper Proprietors' Association of Nigeria (NPAN) and Nigerian Guild of Editors

(NGE) have condemned Sunday’s military occupation of Daily Trust newspaper and demanded the immediate release of all its detained journalists. The Nigerian Army had arrested the Daily Trust Regional Editor, Mr. Uthman

Abubakar, and reporter, Mr. Ibrahim Sawab, in Maiduguri, Borno State, and laid a siege to the newspaper’s offices in Maiduguri and Abuja, seizing a number of computers. In a letter addressed to the Minister of Information and Culture, Alhaji Lai

Mohammed, IPI’s Executive Director, Barbara Trionfi, condemned what the global network of editors, media executives and journalists, described as the high-handed action of the Nigerian Army against the Daily Trust. IPI described the arrest

military lives or the security of military operations to an extent that would outweigh the freedom and responsibility of any independent newspaper to inform readers of significant developments of public

of journalists and siege to the newspaper’s offices in Maiduguri and Abuja as an attack on media freedom in the country. “The authorities have provided no evidence that the information published by the Daily Trust would endanger

Continued on page 6

APC Crises Worsen, Court Nullifies All Rivers’ Primaries … Page 6 Tuesday 8 January, 2019 Vol 23. No 8665. Price: N250

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FG Hits N5.320tn Tax Revenue Target in 2018… Page 10

Shettima Meets Buhari, Weeps over Boko Haram’s Siege to Borno Tables 10-point demand Expresses confidence in president's ability to contain insurgency Omololu Ogunmade in Abuja Borno State Governor, Alhaji Kashim Shettima, yesterday met with President Muhammadu Buhari in Abuja and wept profusely over unrelenting devastation of his state by Boko Haram terrorists, asking the president to do more to save the people

from destruction by the terror gang. The governor led a delegation of Borno elders to the president a week after he met, in Maiduguri, the state capital, with stakeholders in the state, telling them that the insecurity situation was dire and required extra Continued on page 6

Take Charge of My Campaign, Buhari Tells Tinubu PDP mocks APC over DG’s alleged leaked tape Iyobosa Uwugiaren, Onyebuchi Ezigbo and Adedayo Akinwale in Abuja President Muhammadu Buhari has asked the National Leader of the All Progressives Congress (APC), Senator Bola Tinubu, to take charge of his

presidential campaign council. This came as the Director General of the presidential campaign council and Minister of Transportation, Mr. Rotimi Amaechi, yesterday said that the Peoples Democratic Party Continued on page 10

Probe Trans Forcados Pipeline Management, Ocean Marine Urges FG

… Page 11

FOUR PLUS FOUR… L-R: Minister of Transportation, Mr. Rotimi Amaechi; Vice President Yemi Osinbajo; President Muhammadu Buhari; and former governor of Ogun State, Chief Segun Osoba, during the inauguration of the All Progressives Congress Presidential Campaign Council in Abuja…yesterday

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APC Crises Worsen, Court Nullifies All Rivers’ Primaries Orders INEC to remove names of candidates from ballot Party, Cole head to appeal court

Ernest Chinwo in Port Harcourt A Federal High Court sitting in Port Harcourt has declared illegal, null and void the direct and indirect primaries conducted by factions of the All Progressives Congress (APC) in Rivers State. The court also restrained the Independent National Electoral Commission (INEC) from recognising any candidate of the APC for the 2019 general elections in the state and ordered the commission to remove the names of all APC candidates from the ballot and other electoral materials. The court took the decisions in its judgments in two separate matters brought before it. In the suit brought before the court by Senator Magnus Abe and 48 others against Rivers APC, the presiding judge, Justice Kolawole Omotosho, in his judgment declared that both the indirect and direct primaries conducted by factions of the APC were illegal as both took place during the pendency of the matter before the state high court. He said the APC must bear the consequences of her disobedience of the law. According to the court, the APC conducted the indirect primaries in gross disrespect of the pending suit before Justice Chinwendu Nwogu of the Rivers State High Court. He noted that the judgment of Justice Nwogu nullifying the primaries of the APC in Rivers State is yet to be set aside by an appellate court,

hence it remains valid. The court, therefore, held that the names sent by the faction of the APC controlled by the Minister of Transportation, Mr. Rotimi Amaechi and the National Working Committee (NWC) of the APC to INEC for the general elections were illegal and should be disregarded. He also said the direct primaries conducted by the Senator Magnus Abe faction were illegal because the NWC of APC did not monitor or participate in the processes. Justice Omotosho added that Justice Nwogu was clear when he nullified all primaries and congresses held during the pendency of the suit, which included the direct primaries conducted by the Abe faction. He said both the Abe and the Amaechi factions have no leg to stand in view of the judgment, hence both factions are disqualified from participating in the elections. The court held that the APC in Rivers State has no power to nominate and sponsor any candidates for the general elections. In another suit filed by the Rivers State chapter of the Peoples Democratic Party (PDP) asking the court to compel INEC to obey the judgment of the Rivers State High Court nullifying all Rivers State APC primaries and congresses, the court granted an injunction stopping all candidates of the APC in Rivers State from parading themselves as candidates for the general elections. He said the Rivers APC

Chief Justice of Nigeria, Justice Walter Onnoghen would not participate in the governorship, Senate, House of Representatives and House of Assembly elections holding later this year. Omotosho also granted a mandatory injunction directing the INEC to remove all APC candidates from ballot papers and other electoral materials. Omotosho declared, "An order is made stopping Rivers APC nominees from parading themselves as candidates for the 2019 general elections." He re-affirmed his directive in the suit between Abe and others versus Rivers APC that INEC cannot recognise any candidate presented by the APC for the general elections. He added that all the primaries conducted by the Rivers State APC having been nullified by the state High Court remains invalid because the judgment has not been set aside.

Therefore, Justice Omotosho said that the APC in Rivers State has no right to nominate any candidate for all the elections. The court warned against willful disobedience of court orders, saying that it is detrimental to the rule of law. Counsel to the PDP, Mr. Dike Udena, expressed happiness with the judgment. He said since the APC failed to comply with the Electoral Act, they cannot participate in the elections. Counsel to Abe, Mr. Henry Bello, said the court emphasised obedience to court orders, saying that the nullification is the consequence of the imposition of candidates. He, however, said Abe and others would appeal the judgment. Also speaking, counsel to APC, Mr. Emenike Ebete, said the APC would challenge the two judgments. He added that the APC would also file papers for stay of execution of the judgments. He expressed dissatisfaction that the court barred Rivers APC candidates from parading themselves as nominees for the elections. Reacting to the judgments, the state chapter of the APC, while expressing satisfaction that the court did not declare Abe as the governorship candidate of the party, said it would challenge the judgment barring it from presenting a candidate in the general elections. A statement signed by Mr. Chris Finebone of the Media and Publicity Department of the party said, “Firstly, we totally agree with the court

that Senator Magnus Abe and the 48 other members of the party, who claimed to have emerged through an alleged direct primary election, were not and, therefore, could not be declared candidates of the APC in the 2019 general election in Rivers State. “This was because the national body of the APC never authorised or conducted the alleged direct primary as required by its constitution and guidelines neither did INEC monitor same. “However, we do not agree with the court that the Davies Ibiamu Ikanya and Peter Odike-led executive committee of the party in Rivers State was still subsisting. The APC has the powers to dissolve its executive committee and that power was exercised on 21st of May, 2018. The APC having dissolved that exco, it ceased to exist and could not be resurrected, even if the court finds, albeit wrongly, that there was no valid congress to replace the dissolved exco.� By the PDP, Finebone said the issue of nomination of candidates of a political party remains the exclusive right and preserve of that political party, and any dispute arising thereto also remains within that of political party and its aggrieved members. “It is on this note that we strongly believe that APC will get victory in the superior court. We have accordingly instructed our lawyers to review the case and file the appeals immediately, in order not to temper or jeopardise with the already

existing legal rights of our candidates before INEC.� The Tonye Cole Campaign Organisation also said it would appeal the judgments, insisting it hoped the superior courts would favour it. A statement issued by the spokesman of the organisation, Mr. Ogbonna Nwuke, said, “Our position, after consultations with our lawyers, is that we shall challenge the order in an appellate court. Although we were not favoured by the decision, our faith in the country's judicial system remains unshaken.� In his reaction, APC National Publicity Secretary, Lanre Issa-Onilu, in a terse message said the party was still studying it. He said, “We have received the news of the judgment of the Federal High Court in Port Harcourt regarding our candidates in Rivers State. “We are currently studying the decision of the court. “We will make our position public in due course.� But the Rivers State PDP Campaign Council said the judgment was a victory for the rule of law and the people of Rivers State. In a statement issued in Port Harcourt by its Director of Information and Communications, Emma Okah, the council noted that the verdict would douse tension and promote peace in Rivers State as the APC's past involvement in elections in the state had been characterised by recurring violence, rigging and breakdown of law and order.

the then federal government. The governor was quoted to have said, ‘‘We are here as a people who worked, prayed and waited for your presidency in the firm belief that with you as Commanderin-Chief, Boko Haram will become history. ‘‘We are here because you have demonstrated empathy for Borno people and the overriding commitment to end Boko Haram. ‘‘We are here because we knew you would welcome us without any suspicion or contempt.’’ It listed members of the delegation who made comments to include Bishop Mohammed Naga, Chairman, Christian Association of Nigeria (CAN), Borno State, Dr Bulama Mali Gubio,

Secretary, Borno Elders’ Forum, Maina Ma’aji Lawal, former Governor of the State, HRH Muhammad Masta II bn Al-Amin El-Kanemi, Emir of Dikwa, representing the Shehu of Borno, Senator representing Borno North, Abubakar Kyari and Senator Ali Ndume, Leader, Borno Caucus, National Assembly

SHETTIMA MEETS BUHARI, WEEPS OVER BOKO HARAM'S SIEGE TO BORNO commitment on their part to ward off the terrorists’ offensive. Relating the devastation in the state, to Buhari yesterday, Shettima could not fight back the tears as he chronicled the deadly activities of Boko Haram since 2013 and noted that the recent destructive acts of the terrorists were only comparable with what he described as the worst times of 2013, 2014. According to him, the state’s recent experience is a major setback in the fight against insurgency in the North-east. Shettima, however, said the delegation had not lost hope in Buhari’s ability to win the war against terror and restore normalcy to Borno State. Amid tears, like a child, who was deprived of his beans

cake, he told the president that the delegation came to present 10 requests, which he appealed to journalists not to make public. A statement later by Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, said Buhari reasserted his administration’s unwavering support to equip the military to overcome the insurgency in the North-east. He said the president also told the delegation that the collective safety and security of civilians would continue to remain paramount in the administration’s strategy to restore peace and stability in the region. ‘‘Having been a former Governor in the Northeast, a GOC in the region and very familiar with the

terrain, I assure you that as Commander-in-Chief, I’ll raise the standard of the Nigerian Armed Forces and get the resources to encourage them to do better than what they are doing,’’ he said. The president told the delegation comprising political, traditional, religious, women and media leaders in the state that he was impressed by their leadership roles and participation in helping the government deal with the insurgency in the North-east. The statement added that the president commended the contributions of the stakeholders from Borno State particularly the need for more air support for troops on the ground and coordination among different security agencies.

“I am getting at least a weekly situation report from the services and of course from other sources. I encourage the commanders to remain committed,’’ he said. It also said Buhari thanked Shettima for demonstrating leadership in the state during these difficult times. ‘‘I have an idea how much you are doing and I very much appreciate it. I’m sure that has earned you more respect from the people,’’ he said. Adesina said earlier in his remarks, Shettima recalled that before 2015, Boko Haram had almost completely overrun the state, occupying many local government areas because the state government did not receive the necessary support and succour from

IPI, NPAN, NGE RAP MILITARY OVER HARASSMENT OF DAILY TRUST interest, of which the Nigerian government’s response to the activities of terrorist organizations is undoubtedly one,� Trionfi said in the letter to the minister. Trionfi further stated that the Army’s actions in raiding the Daily Trust’s offices and arresting two of its journalists are inappropriate and disproportionate and appear to constitute an attempt to silence independent media in the country. The IPI official stated, “We

would like to mention here that the Nigerian security services appear to have adopted a habit of arresting and detaining journalists for their investigative reporting on perceived sensitive subjects. In August last year, the security forces arrested Samuel Ogundipe, a journalist with the Premium Times, for his report about a letter sent by the inspector general of police to the vice president detailing actions of the former director of the State Security

Service. The police demanded that Ogundipe reveal his sources. “During the IPI World Congress in June 2018, we raised the issue of the illegal detention of journalist Jonas Abiri, which the government initially denied. However, the government was later forced to produce Abiri before a court after two years spent behind bars. Eventually, Abiri was freed by the court.� Also, NPAN has stated that it received with shock the

news of the Nigerian Army's siege to the Daily Trust newspaper offices in Abuja, Lagos and Maiduguri over the weekend; arresting an editor and a reporter in addition to seizure of computers, thereby disrupting the operation of the newspaper. The Executive Secretary of NPAN, Mr. Feyi Smith, said in a statement yesterday that the siege left in its trail panic and anger reminiscent of the military-era brutalisation of the press and the people.

It said, “The last time in this constitutional dispensation when the Army violated constitutionally guaranteed free speech was in June 2014 when the logistics for distribution of newspapers was wantonly disrupted and newspapers confiscated across the country on spurious allegation that materials ‘with grave security implications were being moved across the Continued on page 10

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NGN NGN 0.18 1.98 0.04 0.44 0.02 0.29 0.04 0.68 0.01 0.21 NGN 0.26 2.34 0.05 0.45 2.55 23.15 UACN 0.95 8.65 FLOURMILLS 2.15 19.70 HPE Nestle Nig Plc â‚Ś1,485.00 Volume: 222.583million shares Value: N3.342 billion Deals: 3,342 As at Monday 7 /01/19 See details on Page 37

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NEWS

FG Hits N5.320tn Tax Revenue Target in 2018

Nume Ekeghe

The Executive Chairman, Federal Inland Revenue Services (FIRS), Mr. Babatunde Fowler, has disclosed that the agency recorded its highest tax collection of N5.320 trillion in 2018. Fowler had disclosed that FIRS generated N5 trillion in the second week of December 2018 with a target to hit N5.3 trillion revenue at the end of last year. He had also added that if the agency succeeded in pooling the N5.3 trillion revenue, it would mark the highest revenue ever generated by the agency in history as the highest in FIRS history was the N5.07 trillion generated in 2012. Speaking yesterday at the

opening ceremony of an FIRS stakeholders’ retreat in Lagos, Fowler said the N5.320 trillion was the highest since the creation of the FIRS. According to him, the federal government has set a target of N8 trillion for 2019. He added that the agency through its various reforms and efficiencies in tax collections, was able to enhance its Value Added Tax (VAT) in 2018, which also exceeded the N1 trillion mark. Comparing the 2018 revenue collection with that of the previous year, he said: “We collected a total of N5.320.52 trillion, which was an increase of N1.292 trillion over the collection of 2017, making it the highest in the history of the Federal Inland Revenue. “We also collected four

per cent in terms of cost of collection, but only for nonoil revenue collected. On all revenue collections, we do not get any commission and we have been able to make sure that our services are more efficient and convenient to tax payers. “In actual figures, in 2016, we collected N3.3 trillion, 2017 was N4.027 trillion and in 2018, we realised N5.320 trillion. We are also quite aware that our focus has to be on non-oil revenue and in the past three years, when you look at the percentages in terms of contribution of oil tax revenue, in 2015 non-oil contribution to tax revenue accounted for 65 per cent, in 2017 it was 62.5 per cent and in 2018 it was 53.62 per cent. “So, certainly, our non-oil

tax revenue is growing in absolute figures, from 2016 to 2018. In 2016 it was N2.149 trillion, in 2017 it was N2.5 trillion and in 2018 N2.85 trillion. “That does not mean we have left behind the oil tax revenue; it has improved from N1.5 trillion in 2016 to N1.52 trillion to N2. 467 trillion in 2018.� Also speaking on the target set by the federal government, he said the federal government set a target of N8 trillion for FIRS to fund the 2019 budget. He assured his audience that the FIRS would work towards achieving the target. Fowler added: “The 2019 budget has not been approved but we hear in the corridors of power that the target for FIRS is in the region of N8 trillion.

And with their support and the support of all tax payers, we believe it is achievable.� In terms of the cost of tax collection in the country, he said the agency has been able to reduce the cost drastically. “In 2016 it was 2.6 per cent, in 2017 it was 2.49 per cent and in 2018, it was 2.14 per cent, meaning that our cost of actual cost of collection is heading downwards based on the efficiency and technology we deployed to tax collection,� he explained. He added, “In the area of VAT, in 2018, we crossed N1 trillion mark. VAT has been on the growth and is basically the fastest tax type in the world. In 2016, we collected N828 billion, 2017 it was N972 billion and in 2018 it was N1.1 trillion.

“It is however important to note that 85 per cent of this VAT is distributed among the state governments. So we like to request the state government in partnership continue to assist us in collecting on their behalf.� “Moving forward, certainly I believe the world and Nigeria we understand that taxation is the most sustainable source of revenue to all governments. “So, basically as we continue to perform this service to the nation and as federal government continues to diversify the economy and clearly from the tax payments we can see that the non-oil sector has shown improvement in terms of profitability which has transmitted into higher tax payments.�

Workers’ Protest over Minimum Wage Begins Today

Onyebuchi Ezigbo in Abuja

The Nigeria Labour Congress (NLC) has directed its 36 state councils, affiliate unions and friendly groups, including Civil Society Organisations (CSOs) to mobilise for the commencement of nationwide mass protest over the failure of the federal government to transmit the N30,000 minimum wage implementation bill to the National Assembly.

Also debunking newspaper report that it had mobilised to resume strike today (Tuesday), the organised labour said it has not taken any such resolution. The General Secretary of NLC, Dr. Peter Ozo-Eson, in a statement yesterday in Abuja said when the organised labour decides to embark on strike, it would inform the public on it. According to the statement,

“It has come to our attention that some section of the news media has largely misrepresented our action plan in reaction to the delay in transmitting the recommendations of the Tripartite Committee on a new National Minimum Wage to the National Assembly by President Muhammadu Buhari. “It should be recalled that the National Executive Council

of NLC met on December 17, 2018 and directed that we hold nationwide mobilisation of workers and our allies if by December 31, 2018 the bill on the National Minimum Wage has yet to be sent to the National Assembly to be passed as an Act of Parliament. “We immediately announced then that on Tuesday, January 8, 2019, there will be a nationwide mass mobilisation and protests

simultaneously across all states in Nigeria. This does not translate to a strike.’’ NLC said that it is on record that each time it had cause to embark on a national strike, it said so publicly without any equivocation, saying it still doesn’t understand where the story about a strike commencing tomorrow came from. It added that already, all its state councils, affiliate

unions and allies in other pro-people mass organisations now popularly referred to as civil society organisations, have been fully informed and mobilised to ensure the success of tomorrow’s mass protests in all the states and the Federal Capital Territory. “When a date is decided for the commencement of a strike subsequently, we will inform the public appropriately�, NLC added.

Our campaign is going to be issues based. We are determined to save Nigerians.’’ ‘’The President said he will fight corruption, that he is doing. He promised to create employment, improve the economy; we met a tattered economy that if we did nothing Nigeria will be at a mess; but today the economy has been growing," he said. Amaechi said there is no longer stealing of public funds since the ruling party came on board. Amaechi who was immersed in controversy over a leaked audio tape containing highly critical statement against President Buhari, said the change that APC promised cannot be completed in four years. The Director of Media and Publicity, Mr. Kola Ologbondiyan, in a statement yesterday in Abuja said that the latest development within APC amply showed that the Buhari Campaign Organisation is in agreement with Amaechi

that Buhari’s incompetence, and not the 16 years of the PDP in government, were responsible for the myriad of problems facing the nation. According to him, “Our party, therefore, holds that President Buhari now lacks the honour and integrity to campaign and seek for votes since his Campaign Organisation is holding him directly responsible for the biting economic hardship and security problems our nation has been facing in almost four years of his tenure, as expressly communicated in the leaked recording.� Ologbondiyan noted that since the audio recording leaked last Friday, neither Amaechi nor the Buhari Campaign Organisation has mustered the strength to deny or offer any cogent explanation on the matter, saying it was an indication that the president had lost the loyalty of his support base. He noted that Amaechi’s confession that Buhari does

not listen and does not give a hoot about the sufferings of Nigerians but laughs and glees at the misfortunes and plights of the citizens, shows the world the level of disdain Buhari holds Nigerians. The PDP asked Buhari to dare Amaechi and speak out on the poor rating by his campaign organization, without which he lacks the rectitude to canvass for votes among Nigerians. Ologbondiyan said, “Mr. President is now merely clinging on straws and walking by his own shadows and Nigerians can now see why he is desperate to use his niece in INEC, Amina Zakari, to rig himself back to power. “We therefore urge President Buhari to advise himself, having seen that he has no support left, by throwing in the towel instead of allowing his desperation bring more opprobrium to his person and plunge the nation into unnecessary crisis.�

TAKE CHARGE OF MY CAMPAIGN, BUHARI TELLS TINUBU (PDP) has no credible message to give to Nigerians. But following the vilification by his own campaign's Director-General, Amaechi, in a leaked audio recording, the PDP Presidential Campaign Organisation yesterday asked the APC presidential candidate to throw in the towel and end his re-election bid. Buhari, who spoke yesterday during the inauguration of his campaign council, challenged the campaign team to use the remaining 40 days of the campaign to reach out to all corners of the country with the party's messages, saying the campaign council is for the purpose of managing the party's campaigns for the general elections. Restating his commitment to free and fair general elections, the president warned the Independent National Electoral Commission (INEC) and security agencies to ensure that the electoral process is credible. Buhari, who said he would not allow governance or his office works to suffer, revealed that Tinubu as the Co-chairman of the campaign council, would be saddled with the daily operational activities of the campaign. He said, "Even though we have only 40 days, this campaign is going to tax us all, because we intend to touch all corners of our great and vast country. ‘’But I must also add that, though we will all be deeply involved, I would like to assure the nation that I will do my part without making governance or my work suffer. ‘’Bola Ahmed Tinubu, my co-chairman, will be fully in charge, and is going to be on 24-hour vigil." In what looks like reversal of roles, against the Director-

General of the council, the president said the operational buck of the APC campaign stops at Tinubu's table, which practically put the office of the director general, firmly under his control. He urged all in the campaign council, especially those in the field operations to consult with Tinubu whenever guidance is needed. Buhari said the council was constituted with a conscious determination to ensure inclusiveness and excellence, and is expected to conduct a campaign based on the modest achievements of the APC-led administration. While reinstating his commitment to credible elections, Buhari said, "If there is one legacy I want to leave is the enthronement of democracy as a system of government; and for democracy to be enthroned, elections must be free and fair. That means citizens have rights to vote for candidates of their choice without intimidation in any form. I have warned INEC and security agencies to that effect.’’ According to the president, the APC-led administration has done a lot to turn around the state of affairs in the country from insecurity, stagnation and massive abuse of scarce public resources. He added, "We have in the last three years and six months reversed this downward slide that the PDP took us in its 16 years of misrule. “We have restored the territorial integrity of our nation, thanks to our gallant men and women of our Armed Forces. We are systematically engaged in all the remaining corridors of insurgency, kidnappings, robberies, herdsmen and farmers clashes.’’ Buhari said that his

administration had successfully fought corruption, saying both the high and low are receiving jail terms, loots are being recovered, and Nigerians are increasingly displaying the timeless values of honesty, honour and decency. "We have reset our national values: corruption is no longer condoned and is no longer seen as normal for public office holders. The agencies of government are no longer equivocal in dealing with anyone who flouts our laws,’’ he further explained. On economy, Buhari said the country has now become a prudently managed enterprise, stressing that the nation’s resources are now working for the country, as it ensures the delivery of key national infrastructure, which were left unattended over the past years. He further explained that his government had succeeded in the last four years in halting national drift, removed the shadow of insecurity and fear dominating the nation’s life and revived the economy from decline to stability and growth. "The macroeconomic health of our economy, indicated by several measurable factors such as a stable exchange rate, lower inflation, growing foreign reserves, has been applauded by independent local and international rating agencies," he said. While speaking at the inauguration, Amaechi said PDP cannot win elections again until it returned all the stolen funds in their 16 years of misrule. Mocking his former party, the Minister of Transportation said that the only thing it knows best is to share the money, adding, "PDP has nothing to say to Nigerians.

IPI, NPAN, NGE RAP MILITARY OVER HARASSMENT OF DAILY TRUST

country through newsprint related consignments.’ “That action warranted an apology and payment of token atonement to the newspaper houses by the federal government, although same was later criminalised and newspapers made to make refunds to the Economic and Financial Crimes Commission (EFCC).� NPAN added that Sunday’s siege to the Daily Trust newspaper premises, “was clearly unconstitutional, without due process and an act of self-help�. It added, “It showed a poor appreciation of the advancement in information dissemination in the global village where news is disseminated at the touch of a

keyboard and not necessarily in a fixed address. This is 2019 and those who gave the vexatious order ought to know better. “The NPAN condemns, in very strong terms, the siege on Daily Trust, the arrest and detention of its staff as well as seizure of its computers.� NPAN argued that where an infraction is alleged, the best option is to follow due process and civility, and not knee-jerk, or intimidation and spread of fear in the civil society. “We have gone too far in search of law and order regime than to countenance such display of raw power and emotion over due process.� In another statement

by NGE’s President, Mrs. Funke Egbemode, and the Social/Publicity Secretary, Mr. Ken Ugbechie, the editors demanded the immediate release of the detained journalists. “While we welcome the intervention of President Muhammadu Buhari, who has ordered the vacation of the premises of Trust Media Limited by the soldiers, we also demand an unreserved apology to the management of Media Trust by the military authorities,� NGE said. NGE also implored the military to seek the path of civility in conformity with the established democratic norms to resolve the issues arising from the newspaper’s report and any other future issues.

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COMMENT

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

REDUCING POVERTY THROUGH AGRICULTURE

Daniel Ighakpe contends that agriculture has the potential to reduce the high rate of poverty in the country

N

igeria is currently ranked the country with the highest number of extremely poor people. It is estimated that 87 million out of the 180 million population of Nigeria, which represents 45 per cent of Nigerians, are currently living in extreme poverty. Also, according to a recent report on labour force statistics released by the National Bureau of Statistics (NBS), unemployment in Nigeria increased from 18.8 per cent in the third quarter of 2017 to 23.1 per cent in the third quarter of 2018. The number of those actively seeking jobs rose from 85.1 million to 90.5 million. The number of persons with no work at all and those that worked for under 20 hours a week rose from 17.6 million in the fourth quarter of 2017 to 20.9 million in the third quarter of 2018 – an addition of 3.3 million people. Furthermore, the weak growth in the formal economy suggests that employment in this space will be relatively inadequate to reduce poverty. However, can agriculture be used to reduce the high rate of poverty and unemployment in Nigeria? Absolutely! Agriculture has the potential to reduce the high rate of poverty and unemployment in the country by providing employment to millions of Nigerians across the agriculture value chain, from production to consumption. Take cassava processing as a singular example. Nigeria is the largest cassava producer in the world. There is much to gain from knowing the value chain of cassava, starting from production, to processing, and then marketing. Cassava, just like yam, is a root and tuber crop. However, unlike yam, it can grow in relatively poor soil and in low rainfall areas. Cassava and its by-products have various uses. It can be processed into starch: the cassava starch used for making paper and textiles. It can be processed into high quality cassava flour (HQCF) to make cakes, bread, and biscuits. It can be processed into chips usable for animal feeds. It can be processed into ethanol, which is used as bio-fuel when combined with additives. Cassava is also processed into fructose, used in industry for sweetening fizzy drinks. Cassava can also be processed into fufu, gari, and apu, etc., for local consumption. In Nigeria, we produce over 50 million metric tonnes of cassava every year, and over 26 states out of the 36 states in Nigeria produce the crop. If we embrace good agricultural practices, the production, processing and marketing of cassava can actually serve as a good tool to reduce the high rate of poverty and unemployment in Nigeria. It is also important to note that the largest portion of the population

IF WE EMBRACE GOOD AGRICULTURAL PRACTICES, THE PRODUCTION, PROCESSING AND MARKETING OF CASSAVA CAN ACTUALLY SERVE AS A GOOD TOOL TO REDUCE THE HIGH RATE OF POVERTY AND UNEMPLOYMENT IN NIGERIA

of Nigeria is the youth category. The percentage of youth (age 15 - 35) unemployment is put at 55.4 per cent. So, with increased youth involvement in agriculture, the sector has the capacity to reduce the high rate of youth unemployment. Yet another way of growing youth involvement in agriculture is by giving increased attention to the practical aspect of agriculture in the primary and secondary school curriculum. Establishing viable school farms is one way of achieving this. This helps to make agriculture/ farming attractive to young people, right from an early age. The idea behind establishing school farms is to make agriculture an integral part of the school culture, so that the pupils and students are well positioned to appreciate farming, and make it a lifestyle, even when they do not intend to specialise in it. The knowledge obtained from practical sessions on the school farm helps not only to re-enforce what is taught in the classrooms. It also equips the pupils/students with first-hand knowledge of how to run agribusinesses, which is very important in cultivating an entrepreneurial spirit in the students. Our national policy on education lays considerable emphasis on self-reliance, and it is no secret these days that whereas many school leavers (including university graduates) are finding it increasingly difficult to secure paid employment, those of them with technical/ vocational bias easily get employed as artisans. Technical and prevocational subjects like Agricultural Science not only impart specialized skills, they also offer opportunities for future income generating activities and self-employment. Agriculture also supports the manufacturing industries by providing raw materials for these industries without which the industries cannot produce. These industries depend on agriculture for manufacturing their products which they sell to earn income. These industries also employ many workers in the factories, and have the potential of earning a lot of money. This can also help to reduce poverty and unemployment. Agriculture can also attract foreign exchange through added value to agricultural products which can be exported. In view of the above, it can be said that agriculture can absolutely be used to reduce the high rate of poverty and unemployment, as well as bring many other important benefits to the economy. Ighakpe wrote from FESTAC Town, Lagos

EXPANDING FRONTIERS OF AGRO-ALLIED EXPORT The Obiano’s administration is determined to eliminate poverty through job creation, writes Chris Egbuna

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overnor Willie Obiano of Anambra State is set to change the narrative of little or no foreign exchange earnings from export of agricultural and agro-based produce in Nigeria. He is doing this by expanding the frontiers of diversification to position Anambra as a major agricultural producing and exporting state. This is in addition to creating the enabling environment that would sustain the efforts of government and the people towards this objective. Besides, he has shown capability to address the human capital and policy challenges that have posed a stumbling block to effective diversification among the three tiers of government. It is not in doubt that the Nigerian government has shown remarkable determination in pursuing diversification to rescue the country from the hostage of a mono-commodity economy. The sub-nationals (the 36 states of the federation) have also queued-in into the development by embarking on various non-oil projects to diversify and boost their revenue base. A major area of focus is agriculture and agro-allied businesses. The rebasing of the Nigerian economy by the National Bureau of Statistics (NBS) in April 2014 unveiled robust economic potential in hitherto abandoned or under-rated sectors such as agriculture, entertainment and services. Since then, greater attention is paid to alternative revenue generating areas mainly in agriculture through strategic programmes and policy initiatives. The overall objective is to identify sustainable employment opportunities, create jobs, eliminate poverty and boost internally generated revenue (IGR). Ironically, commensurate infrastructural facilities do not exist at both the federal and state government levels to yield the desired results. Experts maintain that government zeal towards diversification has not produced the desired outcome as appropriate environment has not been created and the right steps taken to actualize these efforts. For instance, the lingering challenge of post-harvest waste across the country and poor export-oriented initiatives remain the Achilles’ heel of policy makers among successive governments with far-reaching effects against the welfare of the people. It is estimated that Nigeria loses about $750 billion annually to post-harvest waste due to weak value chain which occurs from lack of storage and agro-processing facilities; yet food prices have maintained an upward trend since 2014, according to

NBS reports. Efforts to embark on large scale export of agricultural produce has suffered setback in recent times because appropriate measures were not taken to determine the standard of the produce, while poor transportation and storage facilities led to massive depreciation in quality of the exported items. For instance, the Lagos Chamber of Commerce & Industry (LCCI) disclosed recently that Nigerian cashew farmers suffered huge revenue loss as Vietnam, the major consumer country, marked down Nigeria’s cashew from grade one to three. The Chamber attributed the development to poor preservation and prolonged delay at the facilities of Apapa (Lagos) port, which has experienced undue traffic and cargo congestion. The National Agency for Food and Drug Administration and Control (NAFDAC), revealed that the European Union (EU) rejected 24 exported food products from Nigeria in 2016 for failing to meet standards. Last January, 72 tonnes of yam exported to the United States through Apapa port in June 2017 were reportedly rejected because the commodity did not meet the prescribed standard. The commodity was found to be rotten upon arrival in the US. Agriculture and Rural Development Minister, Audu Ogbeh, who described the incident as a national embarrassment, said government would probe into the matter. “The ministry will investigate because the ministry is not an exporter; exporters are private sector people. We will investigate both the company that exported it and asked our quarantine department to check and find out why such a consignment left here’’, angry Ogbeh told Journalists in Abuja. Determined to delink Anambra from this lamentable scenario, Obiano launched a unique project for export of agricultural products to Europe. To this end, the state government in 2016 commenced partnership with ABX World – a Nigerian-based courier/ cargo company, in co-operation with Arik Air and Skyway Aviation Handling Company (SAHCOL), to airfreight agro-allied exports to Europe. With the biting effects of the recession and dwindling oil revenue meting against government budgets, policies and programmes, initiative received accelerated implementation by the Obiano administration. Giving insight into the state’s agro-allied export scheme, Commissioner for Agriculture, Afam Mbanefo, explained that Obiano’s determination to eliminate poverty through job creation and to boost the state IGR gave fillip to the initiative: “As a people-oriented administration, Governor

Willie Obiano has always sought for ways to create security, create good road network, create night life; these are things that will get people involved, bring in investors and tourism. Now, the agro-allied export is another testament to the government unrelenting efforts to ensure Anambra State farmers do not lack market to sell their products. “It is very imperative to note that before commencing the exports, the farmers through their cooperative societies received training and certification. In other words, we are confident that these products like pumpkin leaf (Ugu), and others will meet the market standard. As a government we are happy about this new development and we are thankful to other facilitators like ABX World,� Mbanefo told Journalists at a briefing in Lagos. On their part, the ABX World managing director and chief executive officer (MD/CEO), John Okakpu, an air captain, applauded the initiative and assured that the company with other partners – Arik Air and SAHCOL would ensure that the project recorded a success. “When we entered into agreement with them, we discovered that they have gone very far. For instance, the state has over 1400 corporative societies and they have gone to the extent of training most of the farmers and also the certification of the cooperative societies. The next step was the geo-mapping of the area for easy identification of the farmlands from any part of the world. This is a sure step to curb the incessant rejection of agro-allied produce from Nigeria at the European and the rest of the world markets. “The EU certified trainers were in Nigeria about three months ago. So, after that training and certification programme, the participants are guaranteed of three years contract to supply agro-allied produce to Europe and can use it for the rest part of the world. He said that ABX World will use its partnerships around the world to make a difference, create agricultural revolution whereby we bring in the off-takers to take agricultural products as long as they meet the international standard and requirements�, Okapu said. The state government went a step further by initiating the construction of a $150 million export processing facility at Ogidi, in Idemili North local government. The facility, to be called “Ndi-Anambra Export Facility Project�, is designed to be a Global Good Agricultural Practice (GAP) compliant, to provide certification for conditioning and processing

of food items meant for export. Okakpu disclosed that GAP is a global quality certification organization which ABX World is the only member from Nigeria presently. “This Centre will bring the world much closer to Nigeria in this digital age. It will be built with state-of-the-art cutting modern technology. At full operation, it would have cost about US$150m to build. GlobalGAP will certify the center on completion as it will be built under their supervision, The first Nigeria. We have them in Kenya, Ghana, South Africa, Egypt, Ivory Coast and few other African countries. This facility will be 100% fully Nigeria owned. “Governor Obiano believes in building institutions not personal legacies and his results so far have proven that. The conditioning/food processing center and export project is one of his signature progammes for ‘Ndi-Anambra’. It will be in the best interest of the federal, states and local governments to embrace opportunities in the agric sector,� Okakpu said at a media briefing in Lagos, July 2017. It is worrisome that Anambra State government and ABX World parted ways less than two years when their working relationship was berthed. According to reports, at the verge of achieving stability in the business, ABX World responsible for the handling services in the process began to show evidence of ineptitude, possible of frustrating the developmental vision of Obiano administration. Anambra State government has embarked on a partnership hunt for competent and experienced export handling companies to replace ABX World. According to Mbanefo, ABX World can no longer cope with the demand of the business despite being provided with the necessary logistics to facilitate their operations towards meeting the needs and expectations of Anambra State government. He said trucks, fork-lifts and other handling equipment were provided for ABX World by the government of Obiano. “Notwithstanding the huge human, material and financial resources already committed to the project to support ABX World which failed to deliver, Governor Obiano should move forward with the initiative and source for competent operators from any part of the world to do the job. Anambra agricultural development is getting traction and the boom is already here, the state government should move fast to achieve this laudable objective�, said a civil servant. Egbuna, a Public Affairs Analyst, wrote from Nnewi

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T H I S D AY TUESDAY, JANUARY 8, 2019

EDITORIAL Return To Parliamentary System? It’s not necessary. The problem is with the operators and not the system

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n recent times, there have been mounting criticisms by several individuals and groups that the presidential system of government is wasteful and does not serve as an effective platform for delivering good governance in the country. That whispering campaign got an official endorsement of sort on 13th December last year when no fewer than 71 members of the House of Representatives initiated a bill seeking to return Nigeria to parliamentary system of government. But a careful examination has revealed that the trouble with democracy in the country is caused more by the disposition of the political actors than the system of government in place. For one, there is nothing new in the idea being proposed. Nigeria, we must recall, practised parliamentary system of government from the preindependence era in 1954 until the post-independence coup d’etat of 1966 led by Major Kaduna Nzeogwu. However, after 13 years of military interregnum, the government of General Olusegun Obasanjo opted to jettison the parliamentary system and adopted a presidential system of government for THE TROUBLE WITH the Second Republic DEMOCRACY IN era which started in THE COUNTRY IS 1979. It was modelled CAUSED MORE BY THE after the American DISPOSITION OF THE presidential system POLITICAL ACTORS where power is separated among the THAN THE SYSTEM OF GOVERNMENT IN PLACE three arms of government as against the parliamentary system where power is fused between the executive and the legislature. Successive attempts at democratisation have followed the same pattern. Unlike what obtains in other climes, where people seek elective positions to add value to the system and raise the living standard of their people, Nigerian politicians are rather pre-occupied with what they can benefit from the system. So, they ascend the seat of power with lack of both the political and intellectual will to deliver good governance and transform the

Letters to the Editor

country. Therefore, whatever may be the drawbacks in the presidential system, it is difficult to blame the greed which often results in massive looting of our commonwealth by corrupt few to the detriment of good governance, educational and economic growth on it. Nor can we blame it for the desperation for power, indiscipline, religious and ethnic bigotry, lack of vision, insight and foresight. As long as these factors pervade our political scene, changing a system of government will make no difference.

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

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

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.

POLICE SIEGE ON MELAYE’S HOUSE

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he Police, on Friday, 28th December, 2018 stormed the Maitama, Abuja residence of Senator Dino Melaye, seeking to arrest him. This happened two days after Senator Melaye who is representing Kogi West Senatorial District of Kogi State raised the alarm that the Inspector-General of Police (IGP), Ibrahim Idris, had plans to arrest and poison him to death. I was one of the first set of people who rushed to the house that Friday to confirm what is actually happening because we can’t afford the only voice of the voiceless workers of Kogi State, masses of Nigeria and most importantly my senator be killed or injected to death as Sen. Melaye alleged in his tweet by those who are supposed to protect not just his life but the lives of all Nigerians. Getting to Sen. Dino Melaye’s house, one would think he is somewhere in Borno State where Abubakar Shekau, leader of Boko Haram is about to be captured. The number of police officers and vehicles in front and around my senator’s house are not just scary but depict a war zone. What was more worrisome was the refusal of the police to show anyone including his family members and lawyers the warrant of arrest of Sen. Melaye or search of his house. No one was allowed

hile we subscribe to the position that the current structure of Nigeria does not work for the people, we do not believe merely changing from parliamentary to presidential system will resolve many of the contradictions. What we have always advocated are bigger federating units that will allow for economies of scale on large infrastructural projects, will make for more economically viable and competitive federating units, and will reduce the undue pressure and burden on the centre. When complemented with mechanism for improving accountability, restructuring the country has the potential for strengthening good governance and human development in Nigeria. Meanwhile, changing the system without changing the mindset of the operators will amount to a mere exercise in futility. This perhaps explains why the bill (for a change from presidential to parliamentary system) which has passed the first reading on the floor of the House of Representatives does not elicit any interest in Nigerians who can see beyond the noise. While those who seek public offices are expected to position their country for optimal growth and advancement, our own leaders will rather launder our money and travel overseas often to enjoy the resources built by their counterparts without being challenged to replicate such levels of development in their own country. On the whole, we believe that the major problem we have in the country today is the absence of good governance at all levels government. Merely changing from presidential to parliamentary system will not address that.

into the premises, not even Mr. Moses Melaye his younger brother as he was kept outside for the seven days this whole siege lasted. Fact checked yesterday which I consider as very lawless on the part of the Nigeria Police Force showed that at the time police arrived the house of Senator Dino Melaye, they have not got search warrant, their search warrant as sighted was dated 31st December while the invasion of Sen Dino compound was carried out on 28th December. The police did not show Senator Melaye or anyone the warrant of arrest. After the senator surrendered himself to the police, a search was conducted and nothing incriminating was found in Senator Dino Melaye’s house. It will interest Nigerians and the world to know the calibre of officers that were on ground for the search. They included Assistant Inspector-General of Police Legal, AIG Igbodo; COmmissioner of Police Legal; Deputy Commissioner of Police Monitoring, DCP Abba Kyari; AC Monitoring, ACP lmran and other ranking officers. The execution of the search was witnessed by Senator Dino Melaye’s lawyer and two brothers respectively, Chief Mike Ezekhome SAN, Moses Melaye and Sam Melaye. Oladele John Nihi, Lokoja, Kogi State

IS ROTIMI AMAECHI A WAILER?

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hese are desperate times; a time of signs and wonders. It is “injury time” – anything can happen. Only the unwary will be taken in by the magic of this time. Everything you read, every video you watch, and every audio recording you listen to that is put out by APC or PDP campaign minions is a piece in the art of war of either parties. And as such, there should be caution in giving them credibility. Being circumspect is vital. At this time, we must have the head to bear our own mystery. We must not take everything at face value or we risk to be counted in the statistics of fools. It is the job of some people to make us think, react and act in a certain way during political campaigns. They are professionals. I will not want to be in the number of fools “these professionals” will write in their report as one of those who swallowed their bait. I have listened to the alleged “Amaechileaked-tapes”. I cannot speak on the authenticity of the recordings, but the deafening silence of Rotimi Amaechi is suspect. Could it be that the minister is still studying the tapes? Could it be that he is tongue-tied? Or could it be that he does not want to stoke more controversy by reacting to them?

It is understandable, whichever way Amaechi responds to the “leaked tapes” political blood will be drawn from them. But I think, he ought to respond them. But is Amaechi a wailer? Amaechi’s political antecedents show him to be someone who rarely conceals his opinions about issues. He brooks no gag. He says it where it hurts him. But lately, he appears to be shackled, uncharacteristic of him. He makes very few public statements and appearances. At a point, he stopped talking about this administration. Knowing Amaechi to be vocal, and the gadfly that he is, this is puzzling, and it raises some questions. Beyond the “leaked-tapes”, whatever opinion he holds of the government he serves in is valid. Personally, I know some people, who work with the government, are not happy with the way things are, but I cannot betray their trust and publish what they told me or sell the information to rival politicians for filthy lucre. These are desperate times, and there will be desperate measures. Nigerians must be cautious of whatever narrative the APC and the PDP sells. We must not be beguiled or be confused about what is happening here, the struggle is for our votes not for our security or betterment. In all, everyone is a wailer; it is just the courage to own it that matters. Fredrick Nwabufo is a media personality

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T H I S D AY ˾ TUESDAY JANUARY 8, 2019

POLITICS

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

TRENDING NEWS

Too Close for Comfort Ojo Maduekwe writes that the appointment of Amina Zakari to head the Independent National Electoral Commission 2019 elections collation centre is threatening the credibility of the electoral commission, which is already accused as being under the influence of the presidency

Buhari

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he Peoples Democratic Party (PDP) and the presidency are bickering again over the choice of a national commissioner of the Independent National Electoral Commission (INEC), Amina Zakari, to head the commission’s 2019 elections collation centre. For the upcoming presidential election, Mrs. Zakari will serve as the Chairperson of INEC Advisory Committee and the Presidential election Collation Centre Committee, supervising affairs at the national collation centre – the International Conference Centre – from where final results of the presidential election will be announced. The main opposition party, PDP, has criticised Zakari’s appointment. Spokesperson of the PDP Presidential Campaign Organisation (PPCO), Kola Ologbondiyan, said his party has been reliably informed of a plot by INEC to rig the presidential election in favour of President Muhammadu Buhari, using the “strategic” appointment of Zakari. In response, the presidency says the PDPs allegations were “baseless accusations”. A statement signed by Garba Shehu, a spokesperson to Buhari, read that, except for an inter-marriage, “President Buhari and Commissioner Amina Zakari don’t share a family relationship.” Following Zakari’s appointment, the credibility of INEC - largely seen by opposition parties as biased towards the All Progressives Congress (APC) and in favour of Buhari - has again been brought to question. Reacting to the appointment, presidential candidate of the Allied Congress Party of Nigeria (ACPN), Oby Ezekwesili, tweeted that, “It is now quite obvious that the INEC Chairman is making decisions that cannot at all be independent”, and went on to query whether the INEC chairman and Buhari were ready for what she said would be a “grave consequence.” The Coalition of United Political Parties (CUPP) also views the appointment as a plot to rig the presidential election.

Zakari In a statement by its spokesperson, Ikenga Ugochinyere, CUPP said the appointment, coming barely 24 hours after INEC denied being pressured by APC to rig the election, has exposed it as “a part and parcel of the rigging machinery of the APC.” The CUPP is an umbrella body that comprises more than 40 opposition parties; which had last year December adopted the candidate of the PDP, Atiku Abubakar, as its candidate in the coming presidential election. In their desperation to score a point, the PDP may have misrepresented the true relationship between Mrs. Zakari and Buhari. The party claims Zakari is a “blood relation (niece)” of the president, an accusation the presidency

On the other hand, supporters of Zakari have argued that it was actually a PDP government headed by former President Goodluck Jonathan that appointed Zakari into INEC. In 2011, she was appointed a national electoral commissioner, representing the North-west

has denied and which PDP has grudgingly accepted. Mrs. Zakari is rumoured to be a princess of the Kazaure Emirate in Jigawa State. Her father was the late Emir of Kazaure, Husseini Adamu, and the current Emir Najib Adamu, and the current Minister for Water Resources, Suleiman Adamu, are said to be her brothers. It is said that Buhari’s elder sister was married to the late Emir, Zakari’s father, and that Zakari was not her biological daughter (but a stepdaughter) as being alleged by those opposed to her appointment. While Buhari and Zakari both deny being related by blood, controversial second republic politician, Junaid Mohammed, insists that Zakari is Buhari’s niece. “For those who do not know, let it be known (and let me repeat it) that Buhari’s sister, who was married to a prominent Emir in Kazaure, in the present Jigawa State, gave birth to Amina.” The PDP and the other political parties opposed to her appointment hold the view that though there may not be any blood relationship between Zakari and Buhari, their relationship is still too close for comfort. Drawing correlation between Zakari’s appointment and what is expected of a judge handling a case where they (the judge) have an affinity with one of the parties to the case, the PDP has asked Mrs. Zakari to “recuse herself, if the 2019 presidential election must be credible.” In the advent that Zakari refuses to “rescue herself” by stepping down her appointment, or Buhari too does not rescind his decision, CUPP has vowed to “consider very drastic measures including pulling out of the peace accord” to register its disapproval of the appointment. Though INEC insist that Zakari’s role during the election would involve nothing more than the handling of “facilities such as power, access to the internet, live transmission for

national and international media, as well as accreditation for access to the ICC and security of the venue,” critics worry the commission might make a volte-face days to the election. Some critics of the president allege that Zakari would be open to carrying out any instruction from the presidency to ensure the government, wherein her brother is a minister, is returned to power. According to them, Zakari was too much invested in the election not to be biased. Zakari’s first known political dealings with Buhari was as a lead consultant with Afri-Project Consortium, a defunct company that handled Petroleum Trust Fund (PTF) projects under Buhari. Also between 1994 and 1999, Zakari was said to have been in charge of the PTF health projects. There are also those who feel that judging by Buhari’s disposition towards those whom he considers loyal to him, even if INEC were independent, Zakari holding such “strategic” position during the presidential election, might erode the electoral commission’s neutrality. On the other hand, supporters of Zakari have argued that it was actually a PDP government headed by former President Goodluck Jonathan that appointed Zakari into INEC. In 2011, she was appointed a national electoral commissioner, representing the North-west. Also, in 2015 when former INEC chairman, Attahiru Jega, on retiring handed over to Ahmed Wali, Buhari overruled Jega and replaced Wali with Zakari, before later appointing the current chairman. Supporters of Buhari and the APC might ask, what does family relations have to do with free, fair and credible elections? The answer is simple. In a situation where an unpopular president, desperately seeking re-election, has his relation (blood or not) occupying a strategic position in an allegedly biased electoral body, that relationship becomes the thin line between a credible election and a rigged one.

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T H I S D AY ˾TUESDAY JANUARY 8, 2019

NEWS

Royal Father Urges with Ezekwesili to Rescue Nigeria Udora Orizu The Paramount Ruler of Karu, His Royal Highness, Emmanuel Kyauta Yepwi Monday said Nigeria at the moment needed Dr. Oby Ezekwesili to rescue her from many problems. The Presidential Candidate of Allied Congress Party of Nigeria (ACPN), Dr Oby Ezekwesili who flagged off her campaign at Karu, Abuja paid a courtesy visit to the natural ruler, who said it was time for the country to be governed by a woman, adding that since women were good managers, they could have practicable solutions to the many problems confronting it at the moment. The Royal Father noted that the former Minister of Education was on a rescue mission, insisting that the country was in dire need of her services. According to Chief Yepwi, “I used to watch you when you were active in service and I admired the way you used to do things. Women are leaders right from homes, right from their houses, no man does anything without a woman. Every successful man, has a woman by his side. If Nigeria wants to be successful, I think a woman should also be considered.” “I wouldn’t say that it’s by accident to have selected Karu as the place to flag off your campaign. I want you to know that the real meaning of Karu is increase. No one comes to Karu and does not increase and having come to Karu, just wait and see what God will do for you.” Continuing, he said, “It gladdens my heart too that you have chosen to flag off your campaign in a satellite town instead of in the heart of Abuja. It is the first of its kind, no one has done that before. That has shown us that

Nseobong Okon-Ekong you are really a mother. I want to tell you that you should continue your good work and God who is seeing you knows how He will reward you. In fact, it is my opinion that we should allow a woman to rule the country once and let’s see how she would govern us. So, coming to save Nigeria now is at the right time. Nigeria needs someone like you now.” Chief Yepwi stated that Nigeria needs discipline and he believes in Ezekwesili’s wealth of experience. “You have been in the affairs of the country, you know our problems and you know how to solve them. You will know how to tackle the issues of your subordinates because mostly, it is the subordinates that are the problems and not the ones on the helm of affairs. Of course, they must always shift the blame to the leaders when there is failure.” “I know you when you were in the ministry, how you treated the people that worked under you with iron hand and I know that Nigeria needs discipline, there is indiscipline in Nigeria now. We believe that when you come as a mother, you will bring discipline.” “ I wish you good luck, I wish you God’s guidance, whatever you are doing, you should put God first. I wish to see you again as a president. Myself and the good people of Karu Chiefdom believe that by the time you become president, you would come here just as you have come here today.” While receiving blessings from the traditional ruler, Ezekwesili explained that she chose to flag off her campaign in the satellite town to directly meet the people, sit down with them and hear their problems so that when she takes over the mantle of leadership, she would know how to tackle them.

LP Government will Create Factories in 16 Kwara LGs, says Aremu Hammed Shittu Ahead of March 2, 2019 governorship elections in the country, Kwara state governorship candidate of Labour Party (LP) Comrade Isaa Aremu Monday said his government if elected will create factories in the 16 councils in the state. He also promised to raise literacy level in the state at 90 per cent even as he pledged that elderly persons of 60 years of age and above will enjoy special cash grant Aremu, a former deputy president of Nigeria Labour Congress (NLC) disclosed this in Ilorin, during the 23rd media interactive session organised by the Kwara State Council of Nigeria Union of Journalists (NUJ) for candidates seeking political offices in the state ahead of 2019 general elections. Aremu, an economic expert, said there was the need to resuscitate the moribund industries in the state if the economy of the 51 year-old state must pick up again. He said the rationale behind the revival of industries and

Sixteen Political Parties Adopt Akwa Ibom ANRP Governorship Candidate

companies by his government was a calculated attempt to generate massive employment opportunities. He also said that the gesture would increase the state Gross Domestic Products (GDP) for better living of all and sundry. Aremu stated that he had offered himself to put an end to 16 years of Peoples Democratic Party (PDP) in the state and called on Kwarans to hold him accountable if he failed to redeem his electioneering campaign. He said the major vehicle for an enduring prosperity in all known human societies is availability of industries that will not only lubricate the economy but also provide numerous job opportunities for the teeming unemployed youth and adults. Aremu noted that the Labour Party manifesto was hinged on ‘five Ps’ which he mentioned as People, Prosperity, Popular Participation, Partnership and Peace, pointing out that his blueprint as a democratic labour governor are encapsulated in the above 5Ps.

In a landmark political novelty, the governorship aspiration of Mr. Iboro Otu, candidate of the Abundance Nigeria Renewal Party (ANRP) received an enhancement as 16 political parties in Akwa Ibom State officially adopted him Monday as their gubernatorial candidate. The event which took place at Otu’s campaign office in Uyo was executed on the platform of a group known as the Coalition for a Better Akwa Ibom, which claims that it is geared towards giving the state a facelift and ending the era of empty promises associated

with politicians who are currently at the helm of affairs in the state. Chairman of the coalition who also leads the Accord party in the state and doubles as National Vice Chairman of the party, Mr. Joe Itiaba while signing the ‘Bond Between the People of Akwa Ibom Sate and Otu’ explained that the parties decided to cooperate only on the governorship election. According to him, “The collaboration is not binding in the election for other offices. We are concentrating on the governorship because that is the office with executive powers that can move the state in the direction of progress and develop-

ment. What we are witnessing today has never happened in this state. For instance, I am still the leader of Accord in the state, but I am also the director general of the governorship candidate of the ANRP. We have rejected tons of money to remain steadfast in what we believe. We encourage the people of Akwa Ibom to discard the Peoples Democratic Party (PDP) and the All Progressives Congress (APC) as both parties are populated by the same personalities who have enslaved our people to fulfil their selfish agenda.” Addressing the concerns of the leaders of the political parties who

witnessed the ceremonial signing of the bond, Otu promised to run a revolutionary government that will give priority to education, healthcare, agriculture, ICT, culture and tourism. He promised to immediately create 500,000 jobs within few months if voted into power, while stating that it was possible to stop the flight of over N1 trillion that leaves the country on medical tourism. He said his administration will place urgency on the management of resources of the state for the benefit of the people. “Öurs will be a people-oriented government. We will pay a minimum wage of N50,000 in the first few months,

CARRIER OF COLLECTIVE ASPIRATION

L-R: Mr. Ben Ndedde, Akwa Ibom state chairman of the Abundance Nigeria Renewal Party (ANRP), Mr. Iboro Otu, governorship candidate of the party and Mr. Joe Itiaba, state chairman of the Accord Party and Coalition for a Better Akwa Ibom at the signing of a ‘bond’ signaling the adoption of Otu as gubernatorial aspirant of 16 political parties in the state

Direct Your Rage Against Boko Haram, Leave Media Alone, CUPP tells Buhari Udora Orizu The Coalition of United Political Parties (CUPP) has expressed displeasure on the recent invasion of Daily Trust newspaper Abuja and Maiduguri offices and arrest of some of their journalists by military operatives. A press statement issued by Daily Trust newspaper CEO/ Editor-in-chief, Mannir Dan-Ali read in part, “For four hours on Sunday, January 6, armed soldiers who came in five vehicles occupied the head office of Media Trust Limited, publishers of Daily trust titles sending away journalists and other staff. Before the siege was called off at about 9:30pm, the soldiers ransacked the newsroom and carted away dozens of computers and effectively strangulated the production of

the Monday edition of paper. Earlier in the day at about 4 pm, another detachment of soldiers and plain cloth security officials went to the Maiduguri regional office of the company and conducted a search at the end of which they took away the Regional Bureau Chief, Uthman Abubakar and a reporter, Ibrahim Sawab. Neither the company nor the families of the two reporters have heard from them since. A production staff who was taken away from the Abuja head office alongside our computers was released after a period of detention at the Mogadishu Barrack in Abuja.” Reacting to this, the National Spokesperson of CUPP, Ikenga Ugochinyere has bemoaned this action by military operatives against the media. He noted that the press, which is an integral and

indispensable part of the society, exists for the society and it derives its powers to function from the constitution. According to him, “As stipulated in Chapter II section 22 of the 1999 constitution, The press, radio, television and other agencies of the mass media shall at all times be free to uphold the fundamental objectives contained in this chapter and uphold the responsibility and accountability of the government to the people. This provision implies that the press shall be a watchdog over the excesses of government, and shall ensure that government delivers it promises to the people. The government on the one hand shall ensure that the press informs the people about its programmes and actions.” “The free society which

comprises of people of different ethnic, religious, socio-economic backgrounds are also entitled to free information, as such chapter II section 39 subsection (1) of the 1999 constitution states, Every person shall be entitled to freedom of expression, including freedom to hold opinions and to receive and impart ideas and information without interference.” “Without prejudice to the generality of subsection I of this section, every person shall be entitled to own, establish and operate any medium for the dissemination of information, ideas and opinions.” He stated that the existence of these constitutions defines the society with many elements such as the media, police, government, armed forces, citizenry among others operate.

Stop Dividing Nigeria, says Olawepo-Hashim Nseobong Okon-Ekong Leading challenger to the mainstream political parties and the presidential candidate of the People’s Trust , Gbenga Olawepo-Hashim has expressed shock and dismay at the increasing ethnicization of the February presidential race by high-ranking state officials. Hashim warned that the trend is an unwitting attempt at ‘Somalisation’ of Nigerian politics. Speaking in Lagos at a brainstorming session on finding national consensus over the state

of the nation, Olawepo-Hashim slammed those in high offices who are dangling 2023 presidential ticket as a political carrot, describing them as “agents of ethnic balkanisation and political retrogression.” The presidential hopeful who alerted the nation to the emerging deterioration of standard and norms in high offices, said it alarming that the Vice President of the nation was, allegedly leading the ethnicisation campaign. Hashim wondered why the high office of Vice President should be dragged in the mud

of tribal bigotry. “That reprehensible statement promising 2023 presidency to the South West should never have emanated from the Office of the Vice-President. That office transcends tribal thinking. The presidency is and should be a rallying point for all Nigerians irrespective of tribes or religions,” Olawepo-Hashim said. He pointed out that tribal campaign hinged on 2023 as a promissory note confirmed the shallowness of political discourse as issue-based campaigns have been jettisoned by the two

mainstream political parties, warning that “Nigerians have grown beyond this bigotry through inter-marriage, electoral endorsement and business union. “As early as first republic, the Tiv people elected a Kanuri man as their representative to the Northern House of Assembly. In 1993, late Chief Moshood Abiola beat Bashir Tofa in Kano. Today, so disappointedly, some top leaders instead of building on our achievements in the area of national unity are busy pushing to split and reopen old wounds and rancour among our people.’

A

WEEKLY PULL-OUT

08.01.2019

BRINGING CHANGE TO THE JUSTICE SECTOR IN 2019

Chief Justice of Nigeria, Hon. Justice Walter Onnoghen

Attorney-General of the Federation, Abubakar Malami, SAN

Inspector General of Police, Ibrahim Idris

Controller General of Nigerian Prisons Service, Ja'afaru Ahmed

2/DASHBOARD

08.01.2019

Power of Court to Enlarge Time in Election Matters PAGE 4

Falana Drags Cameroon to African Commission over Unfair Trial of 47 Cameroonians PAGE 5

Bar Associations, Lawyers, Mourn Ukiri, Former NBA 1st Vice-President PAGE 6

‘Every Young Lawyer, has over 150 Career Paths to choose from’

QUOTABLES ‘To say that N30,000 minimum wage is not legal, or that States should be allowed to determine what to pay, is not done in any civilised society. There must be an irreducible minimum wage, payable by employers of labour....From the records that are available, there is no State Government that can’t pay N30,000.’ – Femi Falana, SAN, Human Rights Activist

PAGE 6

Electronic Evidence PAGE 11

‘What the Police ought to do, if they genuinely have a warrant of arrest and search warrant, get to the house, make an announcement to him to come out because you are arresting him. If he fails to come out, in less than 30 minutes, you break the door, go into the house, ransack the house, arrest Dino Melaye, and take him to the Police Station....Allowing it to linger like that, you are denigrating the image and the person of the President and the Government...’ – Daniel Bwala, Lawyer, Abuja, Member of Lincoln’s Inn of England and Wales

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

Applicability of Sections 96, 97 & 98 Sheriffs and Civil Process Act in the National Industrial Court PAGE 14

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

/3

Amina, Dino, Etcetera,Etcetera!

L

ast week, the two events that caught the attention of Nigerians, were the President’s 2019 New Year Message and the Police/Dino Melaye Siege.

2019: Free and Fair Elections? I cannot but discuss, President Buhari (Baba)’s 2019 New Year message or lack of it! With all the dissection and criticism of the one of 2018, plus all the promises of 2018 which have remained unfulfilled, do you blame Baba for keeping this one vague, or short and sweet? I certainly agree with what Baba said, about election not being a do or die affair. The only thing I have to add to it, is to say to the APC Government, “Physician, heal thyself”. A situation in which Baba was shown on television raising the hand of the APC Gubernatorial Candidate for Ogun State, Dapo Abiodun, in a show of solidarity, and a few days later, was shown raising the hand and doing the three-finger sign of Governor Amosun’s APM Ogun State Candidate, Akinlade, smacks of desperation and anti-party activities to me! Again, it goes without saying that, in a civilised country, or under a government that truly, election is not a do or die affair, Amina Zakari, who is alleged to be the step daughter of Baba’s older sister, if she really is, would have recused herself for now, as the Chairman of any collation centre or any office within INEC, which may have a direct bearing on election results, or can be misconstrued by the public to have direct bearing. This certainly does not mean that, I’m trying to impugn her integrity in any way. Recusing herself, is simply, the proper thing to do. Justice must not only be done, it must be seen to be done. It is trite that, “he who alleges, must prove”, that is, those who allege that a relationship exists, should prove it. However, the easiest thing to do to put this matter to rest immediately, is that, if no such relationship exists between her and Baba, that is, that Baba’s older sister was never married to her father, a short statement from Amina Zakari, denying this particular allegation, and stating whatever relationship may exist between them, however remote, would suffice. So far, Mrs Zakari has denied being Baba’s neice or cousin, but not the step daughter of his sister or that Baba may have lived with her family sometime during childhood. This a serious allegation, but if it is untrue and that mischief makers/the opposition, are manufacturing false allegations in order to heat up the polity and further discredit INEC, they must be exposed. If any such relationship exists, it would make Baba’s commitment to delivering a free and fair election next month, seem somewhat suspect and insincere. I do agree that Baba is not responsible for the internal postings within

INEC, but the fact that the management of INEC can actually feel confident enough to make such a posting in the first place, makes one wonder. If we really lived in an equitable society, where things are never skewed to favour particular individuals, but instead, the welfare of the nation is paramount, such a posting, if such circumstances actually exist, would be impossible, because of the possibility of a conflict of interest, while carrying out one’s duties. Whether INEC came out to refute the claim, that the position Amina Zakari has been given has no bearing whatsoever or effect on the election results, is neither here nor there – they can tell that to the Marines! By the way, INEC, as of today, many months after I did my address transfer (Section 13 of the Electoral Act 2010 (EA)), I am yet to obtain my new permanent voter’s card. I have tried unsuccessfully, to collect it twice. I am told that it is not ready yet. I hope that, no one is trying to disenfranchise me. Sections 77(2), 132(5), 178(4) the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution) and Section 12(1) of the EA guarantee my right to vote in all elections. I am a Nigerian citizen, of at least 18 years (53 to be precise), I am a registered voter, resident in the ward covered by the registration centre, and not subject to any legal incapacity preventing me from voting. Just and Fair Society However, I must say that, in the message, Baba’s firm commitment “to the ideals of a safe, secure, fair, just and prosperous country”, was not very encouraging for many Nigerians. There is not much to show any commitment, to a just and fair society. For one, in a country where a Senator still goes home with about N14,250,000 per month, under the guise of running costs (N750,000 salary inclusive), an amount which can pay 792 people at the present minimum wage of N18,000 per month, and 475 people, if the minimum wage is eventually increased to N30,000 per month, I really do not see any equity and fairness. Not that I am saying that we all have to earn the same salary, but it seems that, the gulf between the haves and the have nots, continues to widen at an alarming rate. In a country where those from the Northern part of the country, are perceived to be favoured over everyone else, especially in this dispensation, so much so that they are the ones ‘benevolently’ deciding whether the President in 2023 will be Yoruba or Igbo! and we claim to be in a democracy? where top government officials and a privileged few, are flown abroad for medical treatment, while majority of Nigerians are left to suffer their fates in our grossly inadequate medical facilities, I see unfairness and injustice. Safety and Security

Senator Dino Melaye after surrendering himself to the Police

On the issue of safety and security, I recently watched a trending video, in which some Nigerian soldiers said they were going home to spend the new year with their families. They stated that they would have preferred to stay and fight the insurgents, but the insurgents have more sophisticated weapons than them, so trying to fight them with their own inadequate weaponry, is more or less like committing suicide! Predictably, a Presidential spokesperson, Femi Adesina, came out to say in a television interview, that we cannot be certain that the people who appeared in the video, are real soldiers, as they could just be some boys that got together to make a video! Be that as it may, is it really true, that our soldiers are sent to fight insurgents without adequate weapons? Truly, I have noticed that many of our police men, especially the mobile police men, use “shakabula” guns whose cartridges are held together with masking tape. Ditto for the Civil Defence people. If insurgents and other criminals are using superior weapons like AK 47 machine guns, who can our law enforcement secure and keep safe, with their outdated analogue weapons? The Dino Melaye Saga It may be becoming the vogue, for Senators to barricade themselves in their homes, to avoid arrest! Remember in 2015, when Senator Buruji Kashamu a.k.a. Esho Jinadu (then Senator-elect), barricaded himself allegedly in the toilet in his home, when National Drug Law Enforcement Agency operatives sought to arrest him, in order to expedite his extradition to the United States of America, to face drug smuggling charges? Similarly, Senator Dino Melaye barricaded himself in his Maitama, Abuja residence for a period of eight days, to avoid being arrested by the Police, who were looking for him in connection with a case of attempted culpable homicide of a police man, who was shot in Kogi State sometime in 2018. Senator Melaye’s reason for resisting arrest, is that he fears for his life, as he accused the Inspector General of Police of wanting to kill him, by means of lethal injection. Senator Melaye finally gave himself up, last Friday afternoon. For the avoidance of doubt, Senators are not included on the list of those exempted from civil and criminal proceedings, arrest and imprisonment while in office, as provided by Section 308(1) of the Constitution. Section 35(1)(c) of the Constitution also permits the arrest of a person, upon reasonable suspicion of his/her having committed a crime. The questions on the lips of many are, whether Senator Melaye was actually involved in the shooting of the police man, or whether this latest allegation against him is simply a witch hunt, due to the Senator’s submission on the floor of the Senate, that the Police must not be given N27 billion for the 2019 elections, giving cogent reasons for his submission; whether Senator Melaye’s fears for his safety are germane, or entitle him to resist arrest. We all agree that self-preservation is the first law of nature! But, the law is the law, and as a member of the highest lawmaking body in the land, you should be seen to obey the law. Sometime in November 2018, Senator Melaye alleged that one of the suspects who was arraigned with him in Kogi for illegal possession of arms, Nuhu Salisu, died in police custody. Similarly, Michael Adikwu, one of the Offa armed robbers, also died in custody recently. Police, our eyes are on you. If anything happens to Senator Melaye, you will certainly be held accountable. Whether it is that some of our lawmakers, may be of questionable character, being accused of such grievous crimes like drug smuggling and attempted murder, or that it is the Police who are the ‘shady’ ones,

ONIKEPO BRAITHWAITE

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

“IT MAY BE BECOMING THE VOGUE, FOR SENATORS TO BARRICADE THEMSELVES IN THEIR HOMES, TO AVOID ARREST! REMEMBER IN 2015, WHEN SENATOR BURUJI KASHAMU A.K.A. ESHO JINADU (THEN SENATOR-ELECT), BARRICADED HIMSELF ALLEGEDLY IN THE TOILET IN HIS HOME, WHEN NATIONAL DRUG LAW ENFORCEMENT AGENCY OPERATIVES SOUGHT TO ARREST HIM...” implicating people in crimes they have not committed, and causing the death of suspects in their custody, either way, it is not just embarrassing for Nigeria, making us more or less a laughing stock in the eyes of the civilised world, it is worrisome and frightening. It is a serious matter of concern, when a law enforcement agency like the Police, is now regularly being accused of murder. The Police is meant to protect citizens, not kill them. P.S. It seems that the 35 years meritorious service of the Inspector General of Police (IG), expired on January 3. His 60th birthday is a week away. I did some further research on the retirement of the IG. Though the seriously outdated Police Act is silent on the issue, by virtue of the Interpretation Clause of the Constitution, Section 318(c), the Police is an authority established for the Federation by the Constitution (Sections 214(1) and 215(1)) and the IG, as a member of staff of such an institution, qualifies as a public servant. Rule No. 020810 of the Federal Public Service Rules 2009 provides that, the compulsory retirement age for all grades of officers in the Federal Public Service is 60 years or in the alternative, 35 years of service, whichever comes first. The definition of ‘compulsory’ is “required by law or a rule; obligatory”. Other synonyms for the word ‘compulsory’ include mandatory, necessary and statutory – meaning that the IG’s time mandatorily and statutorily became up, on January 3, 2019. Again, another golden opportunity avails itself, for this Government to show that it has decided to turn over a new leaf, by starting to respect the rule of law - the President on the advice of the Nigeria Police Council, should appoint a new IG forthwith. I rest my case.

4/LAW REPORT

08.01.2019

Power of Court to Enlarge Time in Election Matters

T Facts

he Applicants herein, filed this application seeking leave of Court to appeal against the judgement of the High Court of Rivers State in Suit No: BHC/78/2018 – Ibrahim Umah & 22 Ors v All Progressive Congress (APC) and against the interlocutory decision of the Court. The Applicants also sought extension of time to seek leave to appeal against the interlocutory decision, leave to appeal the interlocutory decision and leave to argue fresh issues of law and facts, and extension of time to appeal against the interlocutory decisions made on 11/05/2018; 30/05/2018; 02/08/2018 and 18/10/2018. Counsel for the Respondents raised a preliminary objection to the competence of the application. Issue for Determination Whether the application of the Appellants/ Applicants is competent. Arguments Arguing the preliminary objection, Counsel for the Respondents submitted that, the application of the Appellant/Applicants is incompetent, in that the subject is a Pre- Election and Election Matter, and the Appellants ought to have applied within 14 days of the decision. He argued that, since the Appellants did not apply to the Court within 14 days as prescribed, the application was incompetent. For the Appellant/Applicants, it was argued that the issue was not a Pre-Election Matter, but an issue of Local Ward Congress and election into party office, which are not affected by any time bar. Counsel called in aid, the provisions of Section 14(a) of the Constitution of the Federal Republic of Nigeria, 1999 (Fourth Alteration Act No. 21) of 2017 on definition of Pre-Election and the decision of UFOMBA v INEC (2017) 4 SC (Pt. 1) 49 on the distinction between PreElection matters and matters on leadership and membership of Political Parties. Court’s Decision and Rationale By the Affidavit in support of the application before the Court, it was averred that APC held its primaries throughout Nigeria as required by INEC, for election of candidates to the House of Assembly, House of Representatives, Senate, Governorship and Presidential Elections. The party then conducted primaries in Rivers State, wherein the deponent and other Applicants participated, and were nominated by the APC to INEC as candidates, for the electable offices for the 2019 General Elections. The foregoing clearly showed that, the acts were related to nomination of candidates for the General Elections in 2019. Section 285(ii) of the 1999 Constitution, requires applications relating to Pre- Election matters to be made within 14 days, from the date of the judgement sought to be appealed against. The Applicants herein, did not seek extension of time; more so, the Court does

In the Court of Appeal In the Port Harcourt Judicial Division Holden at Port Harcourt On Wednesday, the 12th day of December, 2018 Before Their Lordships A.D. Yahaya T. Akomolafe-Wilson P.O. Elechi Justices, Court of Appeal CA/PH/281M/2018 Between Tonye Patrick Cole & Ors. ...........Appellant /Respondent And Ibrahim Umah & 22 Ors. .............Respondent /Applicant (Lead Judgement delivered by Hon. A.D. Yahaya, JCA Presiding)

not have the power to enlarge time, in an Election Matter where time is of essence – ANPP v GONI (2012) 7 NWLR (Pt. 1298) 14. Furthermore, it is fundamental that, a party seeking leave to appeal where he did not participate at the proceeding before the lower Court, is to state why he did not participate, that is, when he became aware of the proceedings before the lower Court. The Applicants failed to furnish the court with information, about when they became aware

“SECTION 285(II) OF THE 1999 CONSTITUTION, REQUIRES APPLICATIONS RELATING TO PRE-ELECTION MATTERS TO BE MADE WITHIN 14 DAYS, FROM THE DATE OF THE JUDGEMENT SOUGHT TO BE APPEALED AGAINST. THE APPLICANTS HEREIN, DID NOT SEEK EXTENSION OF TIME; MORE SO, THE COURT DOES NOT HAVE THE POWER TO ENLARGE TIME, IN AN ELECTION MATTER WHERE TIME IS OF ESSENCE ”

of the proceedings before the lower Court. The failure to provide the court with that material, proved to be fatal to the merit of this application. Application Struck Out. Representation Legal Adviser for the All Progressive Congress present in court. E.N. Ebete for the Appellant/Applicants. K.P. Luke with S.S. Okiri and L.T. Mieyebo for the 1st set of Respondents. Prince O.S.F. Azundah with L.A. Oghajunwah for the 2nd set of Respondents. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR)) In the Court of Appeal In the Port Harcourt Judicial Division Holden at Port Harcourt On Wednesday, the 12th day of December, 2018 Before Their Lordships A.D. Yahaya T. Akomolafe-Wilson P.O. Elechi Justices, Court of Appeal CA/PH/282M/2018 Between Ojukaye Glag Amachree Appellant/Applicants and Ibrahim Umah & 22 Ors Respondents (A.D. Yahaya, JCA Presided) This is a sister application to CA/ PH/281M/2018, where the court sustained the preliminary objection raised by the Respondents, on the ground that the application was brought outside the 14 day period provided for, in the regulatory law. The decision therein, applies equally to this application. Application Struck Out. 2nd and 4th Applicants present in Court. Representation C.W. Jerome for the Applicants. K.P. Luke with S.S. Okiri and L.T. Mieyebo for the 1st set of Respondent. Prince O.S.F. Azundah with L.A. Ohajunwah for the 2nd set of Respondent. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

08.01.2019

NEWS/5

Market Associations Drag LGA to Court Over Alleged Imposition of Undue Levies

VALIDATION MEETING L-R: Director, Public Prosecution (DPP), Lagos, Ms. Titilayo Shitta-Bey, Chairman, Nigerian Bar Association (NBA), Ikeja, Prince Dele Oloke, Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, SAN, Consultant, Rule of Law & Anti-Corruption (ROLAC), Dr. Akeem Bello and Director, Office of the Public Defender (OPD), Lagos, Mrs. Adeyinka Adeyemi at the Validation Meeting of “Plea and Sentence” Manual, held at The Lagos Ministry of Justice, Alausa, Ikeja, recently

Falana Drags Cameroon to African Commission over Unfair Trial of 47 Cameroonians Stories by Akinwale Akintunde Human Rights Lawyer, Mr. Femi Falana, SAN, has dragged the Government of Cameroon to the African Commission on Human and Peoples’ Rights in Banjul, The Gambia, asking for “the urgent intervention of the Commission to end the ongoing human rights violations of the Applicants who were forcibly returned to Cameroon by the Nigerian authorities”. Falana is asking “the Chairperson and the Bureau to urgently hold an extra-ordinary session of the African Commission, to address the illegal and unfair return of 47 refugees and asylum seekers, and the continuing violations of the rights of the returnees by the Government of Cameroon. We also urge the Chairperson of the Commission, to speak out strongly and condemn the unfair treatment of the returnees by the Government of Cameroon, and request the Government to immediately release them from unlawful detention”. The petition read in part: “Cameroon has ratified the Af-

rican Charter on Human and Peoples’ Rights, and United Nations Convention Relating to the Status of Refugees. At the request of the Government of Cameroon, the Nigerian authorities illegally and unfairly returned 47 refugees and asylum seekers to Cameroon on Friday, January 26, 2018. The returnees are mostly leaders of the people of Southern Cameroon, who have been living in Nigeria with their families for years. “Some of them have been granted political asylum, while others were asylum seekers in Nigeria. On Saturday, 7th January, 2018, the Applicants assembled to meet in Abuja to discuss the problems being encountered by several Cameroonian asylum seekers in Nigeria, but before the commencement of the meeting, security personnel from Nigeria arrested the Applicants and took them to an underground detention centre in a military barracks in Abuja. “While the Applicants were detained in Nigeria, they were

denied access to their family members, friends, Lawyers and Doctors. However, the representative of the United Nations Commissioner for Refugees, was allowed to visit the Applicants. “When the Applicants’ Lawyers received information of the plan to deport them to Cameroon, they rushed to the Federal High Court in Abuja to stop the illegal plan. The Applicants also reached out to the Controller-General of Immigration, the Minister of Foreign Affairs, and the office of the United Nations Commissioner for Refugees in Nigeria. “As soon as the Office of the United Nations Commissioner for Refugees in Nigeria confirmed the information, it dispatched a letter to the Government of Nigeria, pointing out that Nigeria has a legal obligation under international law not to deport the detained Cameroonians. “But in a demonstration of reckless impunity, the Government of Cameroon pressurised

the Nigerian authorities, to hand over the refugees. They were handed over to the Cameroonian security forces, who forcefully took them away from Nigeria on Friday, January 26, 2018. “On account of the illegality of the deportation, the Government of Nigeria could not announce that the refugees had been expelled from Nigeria, but the Government of Cameroon decided to celebrate their deportation, and threatened to prosecute the deportees for terrorism. We submitted a letter to the Office of the High Commissioner of Cameroon to Nigeria in Abuja, to request for access to the Applicants who are currently held incommunicado in Cameroon. The request has to date, not been granted by Cameroon. “Nigeria has no extradition treaty with Cameroon. Hence, the deportation was carried out, outside the ambit of the extradition laws of Nigeria and Cameroon and the African Charter on Human and Peoples’

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Three associations conducting business at the Lagos International Trade Fair Complex, Lagos Badagry Expressway, Lagos, have dragged the Amuwo-Odofin Local Government Area (LGA), Lagos State before a Lagos High Court sitting in Igbosere, over an alleged undue imposition of levies and dues by the LGA. In the suit marked LD/5291C-CMW/18, the Claimants, who include The Registered Trustees of Auto Spare Parts and Machinery Dealers Association, The Registered Trustees of Balogun Business Association (BBA) and The Registered Trustees of Association of Progressive Traders (APT), are asking the court to restrain AmuwoOdofin Local Government Area, to stop the collection of the undue levies. The Defendant in the suit is the Chairman, AmuwoOdofin LGA. The Claimants in their statement of claim dated June 4, 2018 and filed through their counsel, Mr. Kehinde Yekeen, are seeking five reliefs – a declaration that the premises where members carry on business is a Federal Government territory, and does not fall under the control or regulation of the Defendant’s council or others in Lagos. “A declaration that the provisions of the by-laws and other revenue generation policies of the Amuwo-Odofin Council, does not have territorial application in areas marked and demarked as Federal Government of Nigeria lands and territory within the State. “A declaration that an attempt by a Defendant to force the Claimants or their members to pay local levies and dues to the Defendant’s council, is unconstitutional unlawful and of no effect. “A perpetual order restraining the Defendant, their agents, privies, representatives or other persons, and through them, from further interfering with the Claimants’ activities,

by forcing their members to register and pay local dues and levies to the Defendant government. “The cost of the action.” The first Claimant is the umbrella body of all the Auto Spare Parts and Machinery Dealers Association (ASPAMDA) located at ASPAMDA Plaza. The second Claimant is the umbrella body of all members of Balogun Business Association (BBA). Its members deal in cosmetics, beverages, wines, textiles, footwear, handbags, electronics, clothing, provisions and household goods. The third Claimant is the umbrella body of all Association of Progressive Traders (APT) and its members deal in jewelry, jewelry accessories and fashion accessories. The Associations averred in their statement of claim that, they came into possession of the land by Head Lease Agreements with the Lagos International Trade Management Board (Acting as the agent of the Federal Republic of Nigeria). The land was thus, let out to the Claimants as Federal land “for a term certain and under a yearly ground rent”, following which the Federal Government created the Lagos International Trade Management Board Act of 1997 to, inter alia, manage, the activities at the Trade Fair Complex. They averred further that, they had been paying ground rents to the Federal Government via the Trade Fair Management Board, as its authorised agent. They averred among others, that at meetings with the Defendant, they reiterated “the fact that their Associations are not covered by the categories of persons and businesses in which the Amuwo-Odofin LGA business levies and taxes is applicable to, and the fact the Claimants are carrying on business on a Federal land”. They said their members were the breadwinners of their families, and the Defendant’s threats could negatively affect their businesses and livelihoods. The Defendant is yet to file a defence to the suit, and no date has been fixed for hearing.

Appeal Court Upholds Fundamental Rights Judgement against Julius Berger, Police The Court of Appeal sitting in Owerri, has upheld the judgement delivered by the Imo State High Court, against a multinational company, Julius Berger Nig. Plc and the Nigeria Police, on the enforcement right of a Lagos based Human Rights Lawyer, Mr. Emeka Ozoani, who was illegally declared wanted by the Police. The Imo State High Court, had in its judgement on February 2013, held that Police had grossly violated the fundamental rights of Mr. Emeka Ozoani, for declaring him 'category "A" wanted person, and published in national daily of September 4, 2012. Following the publication, the Lawyer instituted the suit against the Inspector General of Police, the Assistant Inspector General of Police Zone 9 Umuahia, ASP P.S. Njoku, Prosecuting officer in charge of OW/373c/2011 Zone 9,

Umuahia, Peter Ogunyanwo, DCP Zone 9 Umuahia and Julius Berger Nigeria Plc as 1st to 5th Respondents, respectively. Ozoani, in the suit with No: HOW/654/2012, asked the court amongst other things, to enforce his fundamental right, by giving an order to set aside the declaration that he is a wanted person by the Respondents, as it was contained in the newspaper publication of September 4, 2012, an order of perpetual injunction restraining and directing the Respondents to jointly and severally tender apology to him, and also claimed damages of N50 billion for the unlawful violation of his fundamental rights. Prior to the suit, the Police had arrested, manhandled and assaulted the Lawyer in the

court premises, over allegations of forgery in the case of How/581/2007 Mrs. Philomena Ugo v Julius Berger (Nigeria) Plc, wherein he appeared as a counsel to Ugo. The court had therefore, in the judgement held that, Police in the administration of justice, are to prevent crime, investigate allegations of crime, and enforce laws and regulations, but went beyond the scope of their duties by falsely and wrongly arresting a person, battering a person etc, then became culpable of criminal acts. Dissatisfied with the judgement, Julius Berger Nig. Plc and the Nigeria Police (Respondents), proceeded to the Court of Appeal, challenging the judgement which absolved the Lawyer. Also, Ozoani, thereafter, cross-appealed on

the cost awarded in his favour. The three panel of Judges, Rapheal Chikwe Agbo, Ayobode O.Lokulo-Sodipe and Rita Nosakhare Pemu, presided over the appeal, upheld the High Court judgement. The Court of Appeal held that, "Where there is suspicion, it must be reasonable. It is the duty of Police to investigate crimes, but not to be used as a tool of oppression by unscrupulous litigants, in pursuit of their mischief. "In a situation such as in this case, where the 2nd Respondent is suspected of forgery, it is not for the 1st set of Respondents by the instigation of the Appellant, to proceed to humiliate and degrade him the way they did, without proof of crime. Even if he was found wanting, it was not for the Respondents to

manhandle him the way they did on the court premises." The court further stated that, the fact that the Respondent is a Notary Public and Commissioner for Oaths of Nigeria, gives credence to his good faith. The court therefore, resolved the seven issues raised, in favour of 2nd Respondent (Emeka Ozoani). The court held that, the court below did not in its appraisal, seek to relitigate any matter. It only referred to it, in appraising the facts. "In this case, what are the facts and circumstances? Suffice it to say that, the case involving Julius Berger Nig. Plc and Mrs. Philomena Ugo wherein Applicant was counsel for Mrs. Philomena Ugo, was the subject of How/581/2007 in which judgement was

delivered on 26/9/2009, and that the judgement is the subject of an appeal at the Court of Appeal holden at Owerri in CA/ OW/146/2010 Julius Berger Nig. Plc v Mrs Philomena Ugo where the Appellant has also applied to adduce fresh evidence, which they did not lead at high Court”. "Does this amount to the court below raising the issue of estoppel suo motu? The answer is an emphatic no. The lives and personal dignity of a being, is sacrosant. The law and indeed, public policy, would frown at an attempt by big multinational companies who think that they are larger than life, to destroy the lives, hopes and aspirations of persons, with intention of using technicalities to cover their trial.

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Bar Associations, Lawyers, Mourn Ukiri, Former NBA 1st Vice-President Akinwale Akintunde The death of Mr. Emomena Blessing Ukiri, former 1st Vice-President of the Nigerian Bar Association (NBA), and a member of the Port Harcourt Branch of the Association, came as a rude shock to the entire legal community. The NBA and Lawyers across the country, have continued to pay tribute to Ukiri, who many described as a rare gem, and whose death is described as irreparable. Ukiri was said to have died last week, in a Port Harcourt hospital where he was rushed to for medical attention, after slumping in the court room. In a condolence message signed by the National Publicity Secretary of the NBA, Mr. Kunle Edun, he said that the late Ukiri was a passionate and consummate Bar leader, who made valuable contributions to the NBA, and the legal profession in Nigeria. “The NBA President, Paul Usoro, SAN, regrets to announce the passing away of our dear colleague, E.B. Ukiri, who passed away few hours ago. “E. B. Ukiri, was a passionate and consummate Bar leader. He was a former 1st, 2nd, and 3rd Vice-President of the Nigerian Bar Association. Mr. Ukiri made valuable contributions to the NBA and the legal profession, in Nigeria. He was a dogged fighter, for any just cause. He will be greatly missed. “On behalf of the National Officers and members of the Nigerian Bar Association, the President prays that God

Almighty will bless the soul of our just departed colleague, and give his family the fortitude to bear this very painful loss. Further information regarding funeral preparations, will be communicated to members”. A statement signed by the Publicity Secretary NBA Port Harcourt Branch, Mr. R.O.Briggs, reads: “The Chairman, Executives and members of Port Harcourt Branch, thank every one and Branches, who have sent out their condolences to us over the death of our dear colleagues: E. B. Ukiri, Mrs Nkoli Obi-Awa of 1981 call set and Miss Chattong Chuwang of 2013 call set, within the same period. It is a big blow and a great loss to us. We appreciate your concern”, Briggs stated. Also, a tribute signed by the Chairman of NBA Abuja, Branch, Mr. Abimbola Kayode stated, “The Chairman, Executives and the entire members of the NBA Abuja Branch, with a heavy heart, commiserate with the NBA Port Harcourt Branch, on the death of her members: Emonena Blessing Ukiri (1985 call set) Past Secretary of Port Harcourt Branch, past 3rd, 2nd, and 1st Vice President of the NBA, Nkoli Obi-Awa (1981 call set), Former NEC Representative and Chattong Magdalene Chuwang (2013 call set). We pray the Almighty God to grant their souls eternal rest”, Kayode stated. The Mid-West Bar Forum, in a statement signed by its Chairman, Mr. Chike Onyemenam, SAN, described the deceased Ukiri, as a consummate Bar Man and dogged fighter/comrade, who over the years, fought to ensure the observance

The Late Blessing Ukiri

of the rule of law and respect for the citizen's fundamental rights in this country. “On behalf of the Executive Committee, Elders, Bar leaders, Chairmen and members of the Mid-West Bar Forum, I hereby express my deep shock and sadness, on the news of the passing on of our beloved member, Blessing Ukiri, a consummate Bar Man and dogged fighter/

comrade who over the years fought to ensure the observance of the rule of law and respect for the citizen's fundamental rights in this country. May God Almighty, grant him eternal rest, and grant his wife, children, the Members of the Mid-West Bar Forum, and Nigerian Bar Association, the fortitude to bear this irreparable loss”, Onyemenam stated.

Legal Personality of the Week Onjefu Adoga

‘Every Young Lawyer, has over 150 Career Paths to choose from’ Officer. He not only gave us the best education Nigeria could afford, but exposed us to global travelling at early ages, which is another form of quality education in life. He was my private home teacher.

Please, give a brief introduction of yourself My name is Onjefu Adoga, and I am currently the Principal Partner of Brooke Chambers, a boutique law firm operating in Nigeria and several foreign jurisdictions. I went to Ahmadu Bello University Zaria, Nigerian Law School in Lagos and University of Lagos. Apart from the NBA, I am a member of the American Bar Association (ABA) (Section on International Law), and the International Bar Association. I am also a Capital Market Operator (CMO) licensed by SEC, and Notary Public. Have you had any challenges in your career as a Lawyer, and if so, what were your main challenges? It’s been basically capacity building as a law consultant and court litigator, case financing and case resolution guidance which you never get as a senior lawyer. Our pristine society view Lawyers as high society problem solvers, to provide services for family, extended family and communities. We must have all means, to cater for all. So, many Nigerian Lawyers are not getting jobs, and if they do, they are not getting paid. There is also this lopsided legal consultancy monopoly, whereby certain favoured law firms gather all the big briefs in one public agency, leaving crumbs for the majority of Lawyers. There need for a level playing field and balanced affirmative action, for giving out briefs to law firms. The current NBA executive must properly address this imbalance, so as to create more comradeship among its members. What was your worst day as a Lawyer? The day my firm lost receiving the African Digest Award 2016 for the emerging law firm of the year, to Advocaat Law Firm. It was a widely advertised and televised event across Africa, and we had expected to clinch the

Onjefu Adoga

Why did you become a Lawyer? I was actually a Literature aficionado, reading several classics across several jurisdictions. At age 15, I had read several classics across several countries covering William Shakespeare, Christopher Marlowe, Jonathan Swift, Charles Dickins, George Elliot, Edgar Allan Poe, Tom Wolfe, Truman Capote, Alexander Dumas, Victor Hugo, Alexander Pushkin, and Leo Tolstoy. I also read African literature like Achebe, Soyinka and Cyprian Ekwensi. I was preparing for a career in Drama and Theatre Arts, when my father came home one day and ordered that my next career will be Law. I had issues assimilating law initially, but after my Diploma and LLB degree, it’s now so customary and comfortable to eat, drink and talk law anywhere, any scope, and at any time.

law novels, help shape character in Lawyers, inculcating etiquette and professional ethics into their juristic persona and DNAs. Young Lawyers must also remain honest, disciplined and focused, as people are watching and keeping your professional track records for possible spill out in the near future. Young lawyers must read old and new statutes and case law. After ten or more years, they will be able to take any internal or external legal positions, in the corporate world. Lawyers may also join the international development career path, to become international development law experts, which will enable them work anywhere in Africa, such as South Africa, Kenya, Ethiopia, Egypt, Morocco etc. Once you survive the first ten years of practice without dying or becoming bankrupt, you will need to internationalise your law practice by traveling regularly for international legal seminars (International Bar Association and American Bar Associations are good start off points), meeting foreign Lawyers and law firms, joining international law directories etc.

award. God had other ideas. What was your most memorable experience as a Lawyer? The day American Bar Association Section on International Law, appointed me as Vice-Chair of five committees namely ABA SIL Customs Committee, ABA SIL Trade and Investments Committee, ABA SIL International Securities Committee, ABA SIL Litigation Committee and ABA SIL Africa Committee. I was so proud that, as a Nigerian Lawyer, I was able to achieve so much recognition outside my own country on merit, without lobbying and grandstanding. Who has been most influential in your life? My late father, who was a senior Army

What would be your advice to anyone wanting a career in law? On the day you are called to Bar, you have over 150 careers paths to choose from. You can be a Judge, ADR expert, court reporter, business executive, corporate or management executive, banker, oil and gas expert, labour expert, contract and procurement expert, insurance expert, educationist, law teacher, researcher, journalist, trade specialist, property agent, security expert etc. So the earlier you specialise, the better. I will also recommend that, young Lawyers watch legal films such Boston Legal, The Practice, Ally Mcbeal and read legal books like John Grisham (Pelican Brief, The Firm, A time to Kill, the Rainmaker, the Chamber, the Client) are all worthwhile read ups. These

If you had not become a Lawyer, what other career would you have chosen? I would had taken up a career in as a Novelist, Author or Drama or Theatre Stage Producer. I had also wanted to join the Nigerian Army as an officer, as many of my friends did. Where do you seen yourself in ten years? I want to be a Senior Advocate of Nigeria, and to conclude my Doctorate degree programme. I also wish to be involved in future sectoral reforms in the Nigerian economy, covering trade and investments (we are already involved in the African Continental Free Trade Agreement and Nigerian trade policy country reforms), financial sector reforms, legislative and judicial reforms.

08.01.2019

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Can the IG’s Tenure be Extended?

T

the point is moot. Does any law empower any person or body (such as the Police Council or the Police Service Commission) to re-engage a retiring IG or any other senior police officer beyond the rank and file? That is the question. If such a law exists, case closed. However, in the absence of such a provision, the exclusion of non-rank and file policemen from the privilege of re-engagement which Regulations 137-148 of the Police Regulations confer on rank and file police officers would be legally untenable, as it violates the rights of the former to equal protection of the law under Article 3(2) of the African Charter on Human and People’s Rights as well as the fundamental right to freedom from discrimination under Section 42(1) of the 1999 Constitution. The same applies to Section 09.06 of the Harmonised Terms and Conditions of Service of Officers (2012) as aforesaid.

Introduction

he on-going controversy over the rumoured plan by President Muhammad Buhari to extend the tenure of service of the Inspector- General of Police, Ibrahim Idris, beyond his ostensible retirement age, has polarised public opinion seemingly along political lines. It has even reportedly resulted in a litigation, which the main opposition grouping, the Coalition of United Political Parties, CUPP reportedly filed at the Federal High Court, Abuja, against the President, the IG, the Police Service Commission and the Police Force as a whole. Even though the debate is still in the realm of speculation, given that the President is yet to indicate his intention one way or another, it is apposite to ask whether there is any precedent for extending a public officer’s term of service beyond his or her statutory prescribed date of retirement. Can President extend that of the IG by re-appointing him? Let’s attempt some answers. The Law Public officers in Nigeria enjoy a secured tenure of service. By virtue of the Federal Public Service Rules 2009 (specifically, Rule No. 020810), the compulsory retirement age for all grades of officers in the Federal Public Service is 60 years or 35 years of pensionable service, whichever is earlier; no officer is allowed to remain the Service beyond these ages. Similar Rules exist in the public services of the 36 States. A different regime is, however, applicable to judicial officers, in respect of which the Constitution (under Section 291) prescribes a mandatory retirement age of 70 years or 65 years for Justices of the Supreme Court/the Court of Appeal and other courts, respectively. The Armed Forces (comprising the Army, Air Force and the Navy) also enjoy a separate regime, by virtue of the Harmonised Terms and Conditions of Service of Officers (2012) as revised. These Rules were apparently made pursuant to the Armed Forces Act, which by definition, is applicable to only the Army, Navy and the Air Force. In other words, it excludes the Nigeria Police. Both the Police Act and the Police Regulations are silent on the retirement ages of officers of the Force. However, to the extent that the Police is a Federal Agency, it can safely be presumed that the general provisions of the Federal Public Service Rules also apply to it. Can a Public Officer’s Term of Service be Extended?

Inspector General of Police, Ibrahim Idris

This question, is at the heart of the debate. The answer appears to be mixed. Judicial officers have traditionally bowed out gracefully on attaining their constitutional retirement ages (albeit, in a couple of instances, controversially, amidst allegations of attempting to extend same through sworn declarations of age). By contrast, Section 31 of the Armed Forces Act provides that "an enlisted person whose term of regular service expires during a state of war, resurrection, hostilities or public emergency may be retained in the armed forces and his service prolonged for such further period as the respective competent service authority, with the approval of the Chief of Defence Staff and the Minister, may direct". However, when President Buhari extended the tenures of the heads of the three branches of the Armed Forces – the Air Force, the Navy and the Army (as well as the Chief of Defence Staff) – in December, 2017, he did so, not pursuant to this provision of the Armed Forces Act, but rather, under Sections 09.06 of the said Harmonised Terms and Conditions of Service of Officers (2012) as revised, as well as Section 218 of the 1999 Constitution. This is pertinent, as under the said provisions of Rule 020810 of the Federal Public Service Rules 2009, all four officers with the exception of Buratai, the Chief of Army Staff – would automatically have been disqualified, having spent more than 35 years in the Service in each case, given that they all enlisted in

“THE IMPLICATION OF THIS, IN RELATION TO THE INCUMBENT IG, IS THAT, ON THE 15TH DAY OF JANUARY 2019, WHEN HE WILL REPORTEDLY BECOME 60 YEARS OLD, HE WILL BE INELIGIBLE FOR RE-APPOINTMENT TO THAT OFFICE, AS HE WOULD NO LONGER BE A “SERVING MEMBER” OF THE FORCE WITHIN THE CONTEMPLATION OF THE CONSTITUTION, AS FROM THAT DATE”

their respective branches, coincidentally, in 1979. What About the Police? As previously stated, it is unclear if a separate regime, apart from the Public Service Rules, applies to the Police in terms of retirement age from the Force. This would suggest that, prima facie, every police officer - including the IG - is obliged to exit the Force on attaining the age of 60 or after serving the Force for 35 years, whichever is earlier. In the specific case of the IG, however, Section 215(1) (a) of the Constitution provides that he shall be appointed by the President from among serving members of the Police Force, on the advice of the Nigeria Police Council. The implication of this in relation to the incumbent IG, is that, on the 15th day of January 2019, when he will reportedly become 60 years old, he will be ineligible for re-appointment to that office, as he would no longer be a “serving member” of the Force within the contemplation of the Constitution, as from that date. This is straightforward enough. How the President intends to get around this (if, indeed, he harbours such a desire) remains to be seen. While it might be unfair to speculate or second-guess the President’s motives in this regard, it is obvious that, short of extending the IG’s service as a police officer, it would be manifestly unconstitutional to foist a retired policeman on the Police. No one realistically expects the President, to do that. So, the only way out would be to extend the IG’s years of service in the Police. Can the President do that? If Regulations 137-148 of the Police Regulations are any guide, it appears that some statutory authority of sorts exists for it, albeit in relation to other members of the Police Force apart from the IG himself. They provide that a Commissioner of Police may re-engage any member of the Police rank and file who is otherwise due to disengage from the Force. Clearly, an IG does not belong to the rank and file. At any rate, even a Commissioner of Police is the IG’s subordinate by second remove (i.e., after a DIG and an AIG), so

Conclusion This analysis, has deliberately avoided the arguments over the propriety or otherwise of extending this particular IG’s tenure. I leave that to others, particularly the plaintiffs in the said litigation, who have done so ad nauseam in various fora and media platforms, since filing their suit. This is notwithstanding the rule against doing just that, given that the matter is sub judice. Be that as it may, what is clear beyond argument is that, the right of the President to appoint and re-appoint an Inspector- General of Police is a constitutional prerogative which is only circumscribed by any conditions which the law stipulates for his or her appointment in the first place. This position is reinforced by Section 11(1)(c)(i) of the Interpretation Act. As long as those conditions are satisfied in any given case, it is hard to see any legal or constitutional basis for challenging President Buhari’s alleged intention to re-appoint the IG. Beyond this, and without prejudice to the reported litigation, it appears that the Federal High Court is incompetent to entertain any civil action which challenges the extension of the service tenure, re-appointment or re-engagement of any employee, public officer or civil servant, such as IG Idris. This is because, in my humble opinion, the National Industrial Court possesses exclusive jurisdiction over such cases. See Section 254C(1)(a) of the 1999 Constitution. This is the case, notwithstanding the provisions of Section 251(1)q of the Constitution, which confers exclusive jurisdiction on the Federal High Court in civil causes (such as this one), which seek the interpretation of the Constitution as it affects an agency of the Federal Government. Yes, the Police and the IG are agencies of the Federal Government, but this provision is expressly stated to be “subject to the provisions of” the same Constitution – including, obviously, those of Section 254(1)(a) which pertain to the National Industrial Court, as aforesaid. It can only be hoped that, common sense will prevail at the end of the day, and the right thing will be done in the national interest.

8/COVER

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08.01.2019

COVER/9

Bringing Change to the Justice Sector in 2019 Many expected fundamental changes in the nation’s justice system in 2018, but were sorely disappointed. There appeared to be willingness by stakeholders in the sector, including the Government, to bring about those much needed changes, but the challenges have continued to overwhelm the authorities. Ekiti State Attorney-General and Commissioner for Justice, Olawale Fapohunda, and Onikepo Braithwaite take a critical look at the dominant justice sector reform issues, and recommend the urgent steps that need to be taken, to ensure that the sector fares better in 2019

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he Justice Sector in 2018, was an unfortunate story of high expectations, but limited progress. Across key institutions of the sector, hope was raised about the possibility of meaningful reforms. Key initiatives commenced with such vigour and enthusiasm, that it was reasonable to assume that change had finally come to the Justice Sector. The Judiciary, Police, Prisons all witnessed a considerable amount of administrative and legislative interventions. The Federal Ministry of Justice, in collaboration with Justice Ministries in many of the States, undertook institutional and law reform initiatives. Public discussion about Rule of law and Human Rights in Nigeria, reached a heightened level. This was largely, as a result of the military footprints in the North East. The cacophony of noises from the local and international human rights community was so loud, that the Federal Government simply had to take action. For the first time in Nigeria, there was established a Presidential Panel on the Review of Compliance of Armed forces with human rights obligations rules of engagement. There was also, the Presidential Initiative on the Reform of the Special Anti- Robbery Squad of the Nigeria Police. 2018 was the year the Nigerian Bar Association (NBA), the leading voice for justice sector reform, for the most part, lost its voice and its way. Leadership had taken flight, but there was hope that it may be restored through the ballot. Looking back, it is almost beyond belief, that with all these interventions coupled with the many loud voices insisting on meaningful change, we are very much where were in 2017. That year, was a year of lots of motion, but little movement. Running on the same spot, has sadly become the signature experience of the Nigerian Justice Sector. It is near frustrating to note that, given the huge budgetary allocation, proposed and spent on the justice sector, it is still beyond us as a nation, to prioritise the sector. There is nothing wrong with the justice sector, that has not been subject of many- now uncountable reports, from both government and non –governmental initiatives. The inconvenient truth is simply that, we have decided as a nation that the sector is insignificant, and has little to no effect on our socio- political and economic development. We are wrong. In the area of criminal justice administration, the

evidence of this error in reasoning is to be found in our citizens concern about crime, safety and security. Our inability or unwillingness to invest appropriately and adequately in the sector, has inflicted on citizens in all parts of Nigeria a morbid fear of criminality in all its ramifications. We deserve freedom from fear. Nigerians have a more than one in 10 chance, of being the victim of a personal crime such as assault or robbery. Our reality today is that, crime pays. Our crime is such a problem, that many do not bother to go to the police, while police drop cases as they move on to new ones. We are not catching the criminals, at a rate that gives citizens confidence. Even in rare cases where we arrest offenders, we struggle to sustain prosecutions. The overall chance of an actual crime resulting in a guilty verdict, is below 10 percent. In those few cases where we have been able to sustain convictions, we struggle with the management of offenders in our prisons. The damage that crime does, is, of course, not just a law and order question, but does increase the cost of living and the cost of doing business. In civil justice administration, we have come to accept that, time is of little essence in the dispensation of justice. The phase ‘Justice delayed is justice denied’, has become a meaningless catch-phrase. It is normal for civil cases to spend upwards of 10 years, travelling from the High Court to the Supreme Court. For more than 16 years, this page has been consistent in drawing the attention of policy makers to the danger inherent in ignoring the justice sector. In its many editions, this page painstakingly outlined the myriad issues confronting the sector, and on many occasions, published policy options that are clear, reasonable and implementable taking cognisance of the reality of the country. Regrettably, it would appear that, the three arms of government are joined together in a conspiracy to undermine the sector. Nigeria is yet to witness a joined up and concerted effort by key justice institutions within the three arms of government, to implement fundamental and far reaching reforms in the justice sector. Nigeria and Nigerians, have for more than a decade, been served on a daily basis, an unpalatable cocktail of meaningless and ad-hoc reforms that are neither sustainable nor responsive to the needs of the average Nigerian. Such is the toxic effect of this cocktail, that majority of Nigerians have come to accept that a justice system that works in the interest of injustice, is a normal feature of our everyday life. How does a nation proceed to democratic consolidation, when one of the important pillars of democracy is fragile?

Chief Justice of Nigeria, Hon. Justice Walter Samuel Nkanu Onnoghen

The Judiciary In 2018, one issue that dominated discussions about the Judiciary, was that of judicial salaries and allowances. This page has been consistent over the years, in stating that it is simply unacceptable to insist that, service on the Bench is a call to national service and penury. The position in some quarters, that a judicial officer who is unable to live on his meagre salary and allowance should resign from the Bench, is ridiculous and unrealistic. It is also self- defeating to continue to preach integrity on the Bench, without removing the temptations that come with poor conditions of service. Judicial salaries must be set at a comparatively high public-service level, in order to remove both the temptation to corruption, and public contemplation of the possibility of such temptation. In 2018, President Buhari took an important step aimed at responding to this concern, by establishing the Judicial Salaries and Allowances Committee. A cursory read of the report of the Committee, will leave no one in doubt about the urgency of this intervention. The Committee found, inter alia, that between May 1999 and March 2011, the Federal Government reviewed the salaries and allowances of Public Servants and Political office holders on four occasions specifically in 2000, 2005, 2007 and 2011. However, the salaries of judicial officers, were only reviewed twice during the same period. As a result, judicial officers have been on the same salary structure, for more than 10 years. The Committee rightfully recommended

“....WE ARE VERY MUCH WHERE WERE IN 2017. THAT YEAR, WAS A YEAR OF LOTS OF MOTION, BUT LITTLE MOVEMENT. RUNNING ON THE SAME SPOT, HAS SADLY BECOME THE SIGNATURE EXPERIENCE OF THE NIGERIAN JUSTICE SECTOR”

Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN

an increase in judicial remuneration, benefits and allowances, including a Judicial Health & Wellbeing scheme, and the replacement library allowance with a more comprehensive and contemporary professional development allowance. The most radical recommendation of the Committee, was its proposal for a Judicial Office Holders Entitlements Bill, to consolidate legislative provisions relating to judicial salaries and entitlements into a single piece of legislation. According to the Committee, the proposed bill will support judicial independence, by creating a modern statutory framework for determining the salaries, allowances and conditions of service for judicial officers. Specifically, the bill will create a Judicial Office Holders Entitlements Panel to replace the Revenue, Mobilisation, Allocation and Fiscal Commission as it relates to the Judiciary. There is much expectation, that the report of the Committee will be implemented, and 2019 will be the year of fundamental changes in judicial entitlements. 2018 was the year the excitement that greeted the proposal of private legal practitioners being appointed directly to the Supreme Court, turned sour. It has been difficult to decipher, who or what shelved the idea. What is clear is that, the Nigerian Bar Association who was in the forefront of the idea, lost the will to pursue it further. Proposals for the Consideration of the Chief Justice of Nigeria (CJN) At the beginning of 2019, the state of our judiciary calls for speedy remedial matters. This page has eloquently made out a case, for many specific and practical judicial reforms. However, no effort has been made to implement them. This is without prejudice to the strides made by the Supreme Court, in the use of IT to professionalise court processes. We have said that, the CJN has to take the judiciary in a different direction. In a direction never seen before, in the history of Nigeria. As a starting point, the disconnect between the judiciary and the citizenry needs to be dealt with. We have suggested that, the CJN publishes his agenda for the judiciary.

At the very least, this will enable better understanding and appreciation of proposed and ongoing measures, aimed at increasing access to justice for the citizenry, reducing delay in court proceedings, and enhancing accountability. We have also proposed that the CJN should rightly take his place as the Chief Justice of Nigeria, and not of the Supreme Court. Breaking down barriers of judicial conservatism should include, on the spot visits to State Judiciaries. Majority of Nigerians, do not live in Abuja. Periodic visits to State Judiciaries, including lower courts, will provide an opportunity for the CJN to see first hand, the quality of justice being served Nigerians. We have proposed the idea of a National Council on Administration of Justice (NCAJ), to promote consensus building among the three branches of government on matters of administration of justice. We note that this idea appears to be accommodated in the Terms of Reference of the Bilikisu Bashir Committee on Judicial Reform. “Exploring areas of comparative advantage and mutual cooperation between the three arms of government”, is an initiative that finds a place within the framework of the proposed NCAJ. We again commend this suggestion to the CJN. We have said that the discussion around judicial corruption, ignores the issue of fair and adequate conditions of service for judicial officers. The guarantee of adequate conditions of service, is not meant for the benefit of the judiciary. Rather, financial security is a means to the end of judicial independence, and is therefore, for the benefit of us all. We commend the CJN, for his support for the initiative to review judicial salaries, pensions and benefits, as an important component of judicial reform. We now ask His Lordship to go further to articulate and provide direction, leadership for the implementation of the report of the Dayo Akpata Committee on Judicial Salaries and Allowances. In the words of His Lordship on the occasion of the submission of the report of the Bilikisu Bashir Committee on Judicial Reform “.... it is our duty to lay the first foundation for solving our problems; nobody can come from outside, to salvage the Nigerian Judiciary. The solution, must come from within us. We have to do so,

“2018 WAS THE YEAR THE NIGERIAN BAR ASSOCIATION (NBA), THE LEADING VOICE FOR JUSTICE SECTOR REFORM, FOR THE MOST PART, LOST ITS VOICE AND ITS WAY”

because if we don’t do so, the whole edifice will fall on our heads, and we will have ourselves to blame”. We concur. The Police This Page has in previous articles, alerted the nation that, there is evidence of a deep-seated and strong resistance to the idea of police reforms in Nigeria. Indicative of the deeply entrenched resistance to police reform, is the fact that there have been more than two decades of debate on policing and reform, facilitated by several multiple high level committees. The findings and reports from these initiatives, have largely gone unimplemented. At the end of 2018, public perception of corruption, impunity, absence of accountability, incompetence, and failure to control the law and order situation, plagued the police force. In 2019, the immediate challenge is to reverse this perception, and transform the Nigeria Police into a true public servant, capable of elevating the sense of security of Nigerians. At the beginning of 2019, it is disheartening that, with all the issues affecting policing and the Nigerian Police as an institution, public discourse is presently centred around the appointment of a new Inspector General of Police and the lobbying that accompanies such appointments. This page has written severally that the change in the leadership of the police, will not alone guarantee police reforms. Meaningful Police reforms will require a wide range of interventions, including replacing the out-dated CONTINUED ON PAGE 10

10/COVER

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BRINGING CHANGE TO THE JUSTICE SECTOR IN 2019 Police Act 1968 with a new legislation that reflects Nigeria’s constitutional imperatives, and entails a whole sale review and redefinition of the role, function of the Nigeria Police. The new law should be aimed at facilitating public service delivery, human rights, transparency, gender equality, pro-poor policing and enhancement of community policing. In the last year of the first term of the Buhari administration, the National Assembly is yet to deliver on its promise of a new legal framework for the Nigeria Police. There have been lots of meetings, and a number of parliamentary consultations. Sadly politics in the red chambers, and the frequent altercations between the Senate and the Police, may have got in the way of a new police legislation. At the end of 2018, President Buhari announced a review of police salaries. It is not clear, whether what Mr. President announced was simply a pay increase, or a holistic review of conditions of service for the Police. A repeated recommendation of the reports of committees on police reform, is the need for a holistic review of the conditions of service of police officers, to undercut the incentive for corrupt and abusive behaviour. While it is appropriate to review police salaries across board, and ensure it is received consistently and when due, there is also an urgent need to affirm the working environment of police officers. The practice of housing police stations in improvised accommodations, is a major concern. Most police stations in Nigeria do not meet minimum conditions for police work, including the interrogation and detention of persons who come into conflict with the law. There is a visible dearth of important facilities for officers, detainees, and visitors alike. Furniture and fittings, as well as equipment, including land line telephone, mobile telephone, wireless sets, computer, printer, internet, and CCTV camera, are conspicuously missing from police station Community Policing 2018 was the year the idea of community policing, received presidential blessing. This is perhaps the most misunderstood and frequently abused theme, in police management in Nigeria today. In the past few years, it has become fashionable for the Police State Commands to launch community policing programmes, often with little notion of what that phrase means. Indeed, all manner of organisational tinkering has been labelled community policing. Community policing, is not a program. It is a value system, in which the primary organisational goal is working cooperatively with individual citizens, groups of citizens, and both public and private organisations, to identify and resolve issues which potentially affect the liveability of communities. In any case, the Community Police Program is not backed by any legal framework or police regulation. Much of it is at the pleasure of the IGP, or the State Commissioner of Police. In 2019, the expectation of Nigerians, is for a Police Service (not Force), that is less militaristic, operationally neutral, institutionally accountable, and service-oriented. The Nigeria Prisons In 2018, the reputation of the Nigerian prisons as an institution struggling to achieve its mandate, and overwhelmed with concerns of overcrowding, under staffing, inadequate conditions and poor administration was somewhat

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Inspector General of Police, Ibrahim Idris

attended to, with serious attempts to reverse it. This was in many ways, the result of the efforts of the Honourable Minister for Interior, with the support of the Federal Executive Council. At least one memorandum on improving the conditions of our prisons, was considered and approved by the Federal Executive Council. Among other outcomes, there has been an improvement in the transportation facilities of the prisons services. The main reason for the inability of the courts to process offenders quickly, has been the limited transportation infrastructure of the NPS. In 2019, the challenge facing the prisons service, will be how to translate its improved facilities into concrete intervention that positively affect the lives of the prisoners and prison services staff alike. There are a number of indicators, in this regard. Archaic Legislation Prison law reform, is the first step in the creation of a proper context for a humane prisons system. The Prisons Act 1972, is palpably out-dated. The Act does not provide for the proper and efficient administration of prisons, protection of human rights and upholding of international standards. The need therefore for a new Prisons Act that will bring the prisons regime in line with constitutional and international human rights standards, cannot be overemphasised. In 2018, a public hearing was held in the Senate, on a bill to amend the Prisons Act 1972. Key provisions of this bill include: a new philosophy; a change in nomenclature from the ‘Nigerian Prisons Service’ to the ‘Nigerian Prisons and Correctional

“WE HAVE ALSO PROPOSED THAT, THE CJN SHOULD RIGHTLY TAKE HIS PLACE AS THE CHIEF JUSTICE OF NIGERIA, AND NOT OF THE SUPREME COURT”

Controller General of Nigerian Prisons Service, Ja'afaru Ahmed

Service’; transparency in the appointment of Controller-General of Prisons; establishment of a Prisons Service Commission to take over the functions of the Immigration, Prisons Service and Civil Defence Board; power of the State Controller of Prisons to reject intake of prisoners, where it is apparent that the prison in question has exceeded its maximum capacity. Other concerns include, condition of incarceration of prisons specifically as it relates to those awaiting trial, poor prison facilities, limited rehabilitation opportunities for prisoners, poor administration, including poor conditions of service for prison officers. Any improvement in conditions of prisoners, will be dependent on prison staff taking pride in their work and a proper level of competence. The conditions of service under which the prison staff work, are grossly inadequate. The pay is poor and cannot match the dangers, emotional stress and social isolation to which prison officers are exposed. It is obvious that, inadequately motivated staff cannot find satisfaction in their jobs, neither can they be expected to perform optimally. Prison Oversight In 2018, the discussion about the appropriate oversight Ministry for the Nigeria Prisons Service intensified. The Nigerian Prisons Service has for long been supervised by the Ministry of Interior (formerly Internal Affairs). The Ministry of Interior jointly supervises the Prisons Service and other paramilitary services like the Fire Service, the Immigration Service and the Civil Defence Corps. This page has severally stated that, the duties of the Prison Services are fundamentally different from that of the Fire service, Immigration and Civil Defence Corps. Therefore, a situation where they are treated in the same way and administered by one administrative body will continue to militate against the efficiency and effectiveness of the Prisons Service. In 2019, the expectation is that, there will be a new legal framework for the Nigerian Prisons Service. It is unacceptable, indeed, now bordering on the scandalous, that from 1999 to date, the National Assembly has been unable to enact

an appropriate prison legislation for the country. Promotion and Protection of Human Rights 2018 was the year the Presidency directly intervened in a number of human rights issues, that had been subjects of campaigns by local and international human rights groups. Reform of the Special AntiRobbery Squad of the Nigeria Police The allegations of human rights violations by some officers in the SARS across Nigeria, finally received Presidential attention. Over the years, there has been considerable citizens’ unhappiness, with the system of inquiring into complaints against the SARS. Investigation of police officers by their own, is widely regarded as unjust, and does not inspire public confidence. The Presidential initiative, was to set up an investigative mechanism to listen to citizens complaints against SARS across Nigeria. This initiative was widely received. No Police accountability mechanism can be considered fair, if it fails to inspire public confidence. However, the trend all over the world, is to set up complaint mechanisms under law by establishing accountability structures, which work openly, quickly, effectively, impartially and invest them with resources and authority to guarantee independent and fair investigations into public complaints against police. National Action Plan for the Promotion and Protection of Human Rights In 2018, the Federal Government took some important steps to achieve a level of clarity with respect to her national and international treaty obligations. The Attorney- General of the Federation flagged off public consultations on the National Action Plan for the Promotion and Protection of Human Rights (NAP). The document is the most comprehensive statement by the Government of Nigeria on Human Rights. This is the response of the Government to the recommendation of the Vienna Declaration and Programme of Action, adopted at the World Conference on Human Rights in Vienna Austria in 1993. CONTINUED ON PAGE 11

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BRINGING CHANGE TO THE JUSTICE SECTOR IN 2019

This requested that: “Each State consider the desirability of drawing up a national action plan identifying steps whereby the State would improve the protection and promotion of human rights”. The National Human Rights Commission and Human Rights Non-governmental organisations, regard NAP as an integrated and systematic national strategy, to help realise the advancement of human rights in Nigeria. At one and the same time, it is an audit of the human rights situation in Nigeria. By identifying and prioritising concrete legal, policy and administrative options through a process that is inclusive of all sectors (State, civil society and the private sector), NAP can provide an indispensable framework for the strategic and coherent implementation of the duty of the Federal Government of Nigeria, to promote and protect human rights. It can also provide a framework for sustained and coordinated ways for the country as a whole, to protect and promote human rights and a platform for on-going domestic multi-stakeholder dialogue, which enables a commitment to concrete measures that can be adopted to build and entrench a culture of human rights for the enjoyment of all. Military Footprints in the North East and across Nigeria Through 2018 and before, Amnesty International (AI) continued its publications detailing allegations of rights violations against the Nigeria Army, in the course of Nigeria’s war against the Boko Haram. AI made allegations of arbitrary arrest and detention, torture, and extrajudicial killings. In one of its publications AI alleged that no fewer than 7,000 persons have died in military detention camps and more than a thousand “extra-judicially executed”

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by Nigeria’s Military. There were other allegations concerning other parts of Nigeria, where the Nigeria Army carried out its operations. The office of the Prosecutor of the International Criminal Court (ICC), continued investigation into these allegations throughout 2018. The office had received a total of 169 communications, on the situation in Nigeria. The ICC had previously identified eight potential cases involving the commission of crimes against humanity and war crimes that had formed subject of ongoing investigation. These include six for conduct by Boko Haram, and two for conduct by the Nigerian Army. it was in response to these allegations, that the Presidency inaugurated the Presidential Investigation Panel to Review Compliance with Human Rights Obligations and Rules of Engagement by the Nigerian Armed Forces. The panel held public consultations for much of 2018, and presented its report to the Presidency. In addition to specific recommendations on the conduct of military personnel in certain areas of military operations, the panel emphasised two broad recommendations for the consideration of the Federal Government of Nigeria. !First, it was the view of the panel, that many of the allegations of human rights violations against the Nigerian Armed forces, are largely the direct result of the increased visibility of the Armed forces in almost all the 36 States of Nigeria. The panel observed that, the Nigerian Army is increasingly taking on the role of policing many communities across Nigeria. That practical steps be taken, to make the Nigeria Police more professional in fulfilling their Constitutional role of providing security to all Nigerians irrespective of financial status, ethnicity, gender or religious

inclination. Secondly, the panel stressed that, building a culture of respect for human rights and accountability, depend largely, not only on existing laws, but on a strong and well funded, equipped and empowered National Human Rights Commission. That the Commission should naturally play an important role, in taking forward many aspects of its recommendations. It is therefore, important, that the Federal Government of Nigeria examines the present state of the Commission, with a view to enhancing its ability to promote and protect the rights of all Nigerians. This page has in several headings, expressed concern about what appears to be the lukewarm attitude of the Federal Government to international and national human Rights institutions. For example four years into the life of the administration, the governing council of the National Human Rights commission is yet to be constituted. This omission has not helped the image of the Human Rights Commission, in the eyes of international and local human rights concerns. Also, noteworthy is the attitude to complaints emanating from the International Criminal Court. It is obvious that the office of the Prosecutor has reached the point of exasperation, concerning the inability of the Federal government to provide a coherent and relevant narrative in defence of allegations of rights violations made against our military. This is a disservice to our men and women in uniform. True, the global uncertainty about what constitutes human rights violation especially in the Trump era, can be contagious. After all, if the leadership of United States of America, the bastion on human rights and democracy suddenly realises that the idea of the ICC is a mistake and fundamental freedoms for all is

“IN 2019, THE EXPECTATION IS THAT, THERE WILL BE A NEW LEGAL FRAMEWORK FOR THE NIGERIAN PRISONS SERVICE. IT IS UNACCEPTABLE, INDEED, NOW BORDERING ON THE SCANDALOUS, THAT FROM 1999 TO DATE, THE NATIONAL ASSEMBLY HAS BEEN UNABLE TO ENACT AN APPROPRIATE PRISON LEGISLATION FOR THE COUNTRY” unattainable, who can blame us for doing same? In 2019, the Federal Government should take immediate steps, aimed at putting to the investigations of the ICC on allegation of rights violations against the Nigeria army. An important step will be, to release and continue the process of implementing the report of the Presidential Panel. The process of implementation, should include the strengthening the National Human Rights Commission to oversee important aspects of the panel’s report. The constitution of the governing council of the Commission, is a crucial step in this regard. Olawale Fapohunda, Honourable Attorney-General and Commissioner for Justice, Ekiti State and Onikepo Braithwaite

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08.01.2019

Electronic Evidence Book Review Title:

Electronic Evidence

Author:

Alaba Omolaye-Ajileye J.

Revised Edition:

2019

Publisher:

Jurist Publications Series

ISBN:

978-978-696-560-7

Book Reviewer:

Adedayo Adedeji Esq and Chinelo Ogbozor Esq, J .B. Daudu & Co., Legal Practitioners

P Overview

rior to the enactment of the Evidence Act 2011, there was no precise clarification as to the status of electronic evidence, owing to the diverse and discordant interpretations given by the Courts on the subject. As such, it appears that, the enactment of the Evidence Act 2011 has attempted to correct some of the difficulties that the admissibility of electronically generated evidence, previously encountered in Nigerian Courts. The book Electronic Evidence, is both an academic and a practical literature on the Law of Evidence, with special emphasis on the recently developing area of electronic evidence under the Section 84 regime of the Evidence Act 2011. This publication is the second production by the author, whose first book on the subject titled “A Guide to Admissibility of Electronic Evidence”, was released in 2016. Commendably, within a space of two years, the author has released the first edition, and now, a revised edition. Consequently, the expeditious reaction of the author, whose profile at pages xv-xviii, reveals him as a serving Judicial Officer of the High Court Bench of Kogi State, is sterling. This literature presently stands as the only publication, in terms of a book in the area of electronic evidence in Nigeria. This book is an excellent resource to students, legal practitioners, Judges and law enthusiasts. The Reader’s Guide Part 1 Electronic Evidence, is divided into 4 Parts and 23 Chapters. In part 1 comprising Chapters 1 to 5, the author educates the reader on the basic terms and concepts in the law of evidence, thereby equipping him/her with foundational knowledge ahead of the crux of the subject. This pattern of writing is admirable, considering that not every reader may have a grasp of the basic concepts of the Law of Evidence and electronic evidence. Therefore, while teachers and practitioners may find this part of the book refreshing, starters will find its contents a friendly introduction into the world of Law of Evidence. Part II Part II, comprising of Chapters 6 to 15, is a discourse on Section 84, Evidence Act. This part of the text, affords the reader a deeply researched analysis on the context and interpretation of the extant law as it relates to electronic evidence in Nigeria, as well as extensive research of foreign law on the subject-matter. The treatment of the various sub-sections of Section 84 of the Evidence Act, is also instructive. With the aid of judicial authorities, the text provides clarity to the reader regarding the conjunctive and disjunctive use of words like ‘and’ and ‘or’ within the context of Section 84 Evidence Act. It is also discovered that, justice is done to seeming areas of conflict on the presentation of electronic evidence in court, particularly, on whether the production of a certificate of authentication can replace oral evidence. The aforesaid poser is easily resolved with the analysis of the following cases: Dickson v Sylva [2017] 8 NWLR (Pt.1567) 169; Kubor v Dickson [2013] 4 NWLR (Pt. 1345) 534;

Daudu v FRN [2018] LPELR- SC; and many other authorities, explain with ease, the seemingly complicated interpretation of Section 84 of the Evidence Act. Significantly, the author posits that, mere tendering of a certificate of authentication, without more, will not satisfy the conditions stipulated under Section 84. He predicates his position, on a well established principle of law that, a party relying on a document in proof of his case, must specifically relate such document to his case by oral evidence. The text further presents a succinct analysis, on the purpose and nature of authentication required for the presentation of electronic evidence in a Nigerian court vis-à-vis applicable practice in foreign jurisdictions. It identifies the lacunae in the law, and proffers recommendations towards a purposeful approach in interpreting the enactment. Notable also, is the analysis on the application or exclusion of other sections of the Evidence Act to electronic evidence, in terms of relevance and overall admissibility. The reader is therefore, not only equipped with knowledge of the general rules and principles on the subject-matter, but also with adequate understanding of the areas of conflict with other rules. Worthy of note also, is the fact that the point is made that, an objection cannot be sustained under Section 83 of the Evidence Act 2011 in relation to electronic evidence, on the ground that the maker has not been called as a witness. This is premised on the fact that, Section 84 already recognises the computer, as the producer of the document. The author also makes it clear that, the fact that a document was electronically produced, does not exclude it from compliance with the required certification mandated by Section 104 of the Evidence Act. Part III Part III of Electronic Evidence comprising of Chapters 16 to 23, is dedicated to a review of the nature and admissibility of specific forms of electronic evidence. In this part of the text, emphasis is placed on E-mails, Short Messages Services; Tapes and Video Recordings; Digital Photographs; Internet and Social Media Posts; Automated Teller Machines; INEC Smart Card Reader. The important revelation in the 8 Chapters constituting this part, is that there is no uniform pattern of admissibility for all electronically generated evidence, as the author asserts that there is no single approach to authentication. The text therefore, educates the reader on the slim but material areas of pre-trial preparation, for the use of specific forms of electronic evidence. Prior to the enactment of the Evidence

“....THE BOOK IS ACKNOWLEDGED AS THE STUDENT’S GUIDE, THE PUBLIC OFFICER’S COUNSELLOR, THE JUDGE’S REFERENCE, AND THE LEGAL PRACTITIONER’S HANDBOOK”

Act 2011, admissibility of photographs has generated a lot of controversy as to whether photographs printed out from a digital camera amounts to primary evidence and whether memory card contained in a digital camera should be tendered with the photographs. This excellent piece of work has succinctly explained that the photograph itself, according to the author, is classified as the primary evidence for purposes of admissibility. The final part of the book, is dedicated to contributions by other authors on Electronic Evidence. This part of the book, also contains judicial authorities on the subject. This enables readers to diversify their thoughts on the strength of other independent academic materials, where further judicial authorities are discussed. Writing Style The author’s language is simple, and easily comprehensible. This is one of the few law books that is easily read, without the aid of a dictionary. The intention of the author to expand readership beyond Lawyers and Judges, is conspicuous from the language of the text, which the writer of the Foreword, Hon. Justice C. C. Nweze, JSC, describes as ‘arresting’. This is further evidenced, by the pattern of writing which is serially arranged from the basics to the general rules, then to the special rules. The arrangement of the table of contents, is also a notable guide to the reader who reads the book in search of urgent answers on specific areas. Electronic Evidence, is written from the progressive/liberal approach of interpretation. This can be easily gathered, from the recommendations and conclusions in the text. Therefore, a conservative thinker will find in the text, areas and hints for joinder of issues. From the style of writing, one can infer that the author places a lot of emphasis on the need for matters to be dealt with on their merit, and not on the altar of technicalities or unfounded objections to the admissibility of documents, particularly as it relates to electronic evidence. A conservative thinker will surely find an axe to grind, with His Lordship’s proposition and

disposition towards a liberal approach to interpretation of Section 84. Thoughts Electronic Evidence is well researched and detailed. The purposeful style of writing takes the text beyond the wall of an academic piece, into the realm of an advisory guide for everyday computer related activity including trials, legislative proceedings and general public administration. However, the author’s apparent desire to deliver the message of the text, seemed to have resulted in a prolonged analysis. The first part of the book could be subsumed into 3 chapters or less, in a more summarised format. In the second part of the book Chapter Seven should have been subsumed in Chapter 10, and discussed before delving into Chapter Eight which deals with the analytical framework of Section 84 of the Evidence Act. It is our view that, Chapter Five would have come before Chapter Four. Chapter Four discusses electronic signature, while Chapter Five deals with meaning of documents. For better comprehension the meaning of documents should have been first discussed, before delving into the issue of electronic signature, which to a large extent, constitutes issues related to electronic evidence, which is more specific. On the whole, the book is a good read and great pioneering effort, as it addresses most of the pertinent issues relating to admissibility of electronic evidence, under the Evidence Act 2011.The identified areas of improvement notwithstanding, the book is acknowledged as the student’s guide, the public officer’s counsellor, the Judge’s reference, and the legal practitioner’s handbook. Being a pioneer literature on electronic evidence in Nigeria, it sets a speedy and remarkable pace for subsequent contributions on the subject. It is suggested that, including a copy of the Evidence Act 2011 into the appendix of the book for ease of reference, will be of tremendous assistance. All said, commendations regarding the book are deserving and are hereby, accorded.

08.01.2019

THE LIGHTER SIDE/13

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, I have been living in hell for the past two years, and I think I am beginning to lose my mind. I had what could be called a blissful marriage for nine years, until two years ago, when my husband began to act funny. He would travel for days, without as much as telling me how long he would be away for, or the nature of his trips. While on those trips, my husband would call occasionally. Unknown to me, he had been having an affair with a woman who lives a few streets away from ours. When I finally discovered and confronted him, he flared up, claiming that I have no right to monitor his movements. Eventually, an online blog showed him and the woman at an event, wearing the same clothes. Soon after, my investigations revealed that, he had actually married the lady at a well attended traditional ceremony in her village in Delta State. I am from Ekiti State, and we were married at the Ikoyi Registry, and in the Church which both of us attend. His family hasn’t been forthcoming on the issue, and he has stopped attending our Church. However, he still takes care of the children, paying their school fees and our rent as at when due. Please, what can I do under these circumstances? Every friend from whom I have sought advice, tells me that they experiencing similar issues. My biggest worry is that, a Lawyer told me that, it is not illegal for him to marry traditionally. Kindly, clarify this. Mrs B.A., Ogba Lagos.

Dear Mrs B.A., Your situation, is extremely common here. Most Nigerian women allow themselves to go through this type of situation, due to ignorance. Many are so protective of their spouses, even when they are faced with the practical reality of their irresponsibility. They fear that when their husbands eventually get prosecuted and jailed for bigamy, they will suffer with the children.This essentially, is why they reluctantly acquiesce, and as you put it, ‘live in hell’. But the truth of the matter and the position of the law is that, the Matrimonial Causes Act at Section 47, prohibits marriage for anyone already married under the Act. It states that ‘Whoever, having contracted marriage under this Act, or any modification or re-enactment thereof, or under any enactment repealed by this Act, during the continuance of such marriage contracts a marriage in accordance with customary law, shall be liable to imprisonment for five years’. So, the entire situation, is therefore, within your control. You decide what you want to do, whether you can continue to tolerate the current situation, or whether to allow your husband to face the full wrath of the law, for the crime he has committed. However, it’s seems that the only reported case of bigamy in Nigeria, is R v Princewill (1963), and it seems that, he was able to get off extremely lightly.

Why does California have the most Lawyers and New Jersey the most toxic waste dumps? New Jersey had first choice. ˾˾˾ What’s the difference between a Lawyer and a liar? The pronunciation. ˾˾˾ If you drop a snake and an Attorney off the Empire State Building, which one hits first? Who cares? ˾˾˾ How are an apple and a Lawyer alike? They both look good hanging from a tree. ˾˾˾ Why did God make snakes just before Lawyers? He needed the practice. ˾˾˾ If a Lawyer and an IRS agent were both drowning, and you could only save one of them, would you go to lunch or read the paper? ˾˾˾ A good Lawyer may not let you win an argument, but she'll definitely let you exercise the freedom of speech and would laugh along at a joke made at the expense of their profession. ˾˾˾ I busted a mirror and got seven years bad luck, but my Lawyer thinks he can get me five. ˾˾˾ What did the Lawyer name his daughter? Sue! ˾˾˾ A man in an interrogation room says “I’m not saying a word without my Lawyer present.” "You are the lawyer." said the policeman. "Exactly, so where’s my present?" replied the Lawyer.

FALANA DRAGS CAMEROON TO AFRICAN COMMISSION OVER UNFAIR TRIAL OF 47 CAMEROONIANS Rights. “In removing the Applicants from Nigeria, the Government of Cameroon breached the human rights of the Applicants to enter Nigeria, reside, seek and obtain asylum guaranteed by Article 12(3) of the African Charter on Human and Peoples’ Rights. The Government of Cameroon, also breached Article 12(4) of the African Charter, which provides that every individual shall have the right, when persecuted, to seek and obtain asylum in other countries, in accordance with the laws of those countries and international conventions. “Apart from the violation of the African Charter, the Government of Cameroon breached its legal obligations under the 1951 United Nations Convention Relating to the Status of Refugees, and the 1969 Organisation of African Unity Convention on Refugees, which have guaranteed the rights of refugees and asylum seekers in Nigeria to protection. “The Applicants are the leaders of the movement, agitating for the creation of the Republic of Ambazonia from Cameroon. In 2002, the Applicants filed a suit at the Federal High Court in Abuja, to determine whether the people of Southern Cameroon were not entitled to self-determination within their clearly defined territory, separate from the Republic of Cameroon. The Government of Nigeria, decided to settle the case out of court. “By a consent judgement delivered by the Court on March 5, 2002, the Government of Nigeria agreed to file a suit at the International Court of Justice, to have a judicial confirmation of the human rights of the people of Southern Cameroon to self-determination. The Government of Nigeria also undertook, to take other measures as may be necessary, to place the case of the people of Southern Cameroon for self-determination before the United Nations General Assembly and other international organisations. “The Applicants are not soldiers, but civilians. Even though they

are not military men, the Government of Cameroon has decided to try them, before a military tribunal. The military tribunal to try the Applicants, has since been constituted by the Government of Cameroon. “Upon the arrival of the Applicants in Cameroon, and without any investigation whatsoever, the Government of Cameroon announced that they would be tried for terrorism. The Applicants have been detained illegally from January to November, 2018. “The Applicants have since been arraigned for terrorism before a military tribunal specially constituted for the purpose of prosecuting them, even though they have never engaged in terrorist activities in Cameroon. “The trial of the Applicants is scheduled to commence in Cameroon on January 10, 2019, whereas their Lawyers who are based in Nigeria, have been denied access to them and the opportunity to defend them. “It is the case of the Applicants, that they had left Cameroon with their families and have been living in Nigeria where they had applied for asylum. Thus, by removing them from Nigeria, the Government of Cameroon has separated the Applicants from their family members who have been left behind in Nigeria. “The Government of Cameroon is also reportedly violating the rights of the 47 returnees to personal liberty, freedom of movement (including the right to leave their country), fair trials, freedom of expression, and depriving them of their liberty to be treated with humanity and respect for the inherent dignity of the human person. The situation in Cameroon, is characterised by widespread and massive violations of human rights and humanitarian law, with growing numbers of victims lacking access to an effective remedy. “The Government of Cameroon’s treatment of the 47 returnees falls in the ‘worst crimes’ of the Rome Statute of the International Criminal Court, which in Article 7 defines crimes against humanity to mean acts such as deportation, imprisonment or

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other severe deprivation of liberty in violation of fundamental rules of international law, torture and other similar acts that are committed as part of a widespread or systematic attack directed against any civilian population. “I therefore urge the African Commission, to consider the present Complaint under Articles 6, 7, 11, and 12 of the African Charter, and to hold that violations of these provisions have occurred in the case of the Applicants. I further urge the African Commission, to undertake an in-depth study, based on the “series of serious” and “massive” violations alleged in this Communication, such as right to freedom of assembly. “The Applicants are filing this Application/Communication with the African Commission, because no adequate or effective domestic remedies exist to address the violations alleged in this Communication. “Generally, local remedies must be exhausted prior to submitting a Communication to the Commission. There are, however, exceptions to this general rule. The African Commission has stated that, local remedies must be available, effective and sufficient. A local remedy is considered available, if the Petitioner can pursue it without impediment, it is effective if it offers a prospect of success, and it is sufficient, if it is capable of redressing the complaint. Given the on-going human rights crisis in the country, it is impossible to exhaust domestic remedies in Cameroon. “In the light of the forgoing, the Applicants hereby, urge the African Commission on Human and Peoples Rights to: Urgently hold an extra-ordinary session of the African Commission to address the illegal and unfair return of 47 refugees and asylum seekers, and the continuing violations of the rights of the returnees by the Government of Cameroon; Hold the Government of Cameroon to account for violating the rights of the 47 naturalised Nigerians, refugees’ and asylum seekers’ rights to freedom from torture and other human rights.

APPEAL COURT UPHOLDS FUNDAMENTAL RIGHTS JUDGEMENT AGAINST JULIUS BERGER, POLICE CONTINUED FROM PAGE 5 "The courts would lift the veil, to see clearly what obtained and do justice accordingly, just as the court below did in this case. The issue is resolved in favour of 2nd Respondent and against the Appellant. "The totality is that, the appeal is devoid of merit, and same is dismissed in its entirety, with N100,000.00 cost in favour of 2nd Respondent." In resolving the issues raised by the 5th Respondent/Cross Appellant, that the sum of N25 million the court awarded for gross violation of the Appellant’s fundamental right to personal liberty, dignity of human person and freedom of movement, inclusive of medical treatment was too low, as he claimed N50 billion, the court held that "when a person is subjected to being treated like trash, his dignity and self-esteem is done away with.

In a situation where this obtains, whoever is responsible for that infraction of the fundamental right of the being must be ready to face the music, by way of compensation in exemplary damages. The life of a man is priceless”. Justice Rita Pemu while delivering the lead judgement said, "It is no gainsaying that the economic downturn is endemic and keeps going down. The 5th Respondent/ Cross Appellant is a legal practitioner. A respected one at that! In the course of carrying out his legitimate duties, he was pounced on with levity. His body and soul are bruised, and his emotions toyed with. "This is despicable. It against public policy for those who are supposed to enforce the rule of law, to collude with big multinational companies to oppress the people. The time has come in this country, to cry aloud against these nefarious activities.

"The average man on the street should be able to walk the streets, without fear of being molested by powers that be. The issue of award of damages is discretionary, and I am tempted not to interfere with the amount of damages awarded the 5th Respondent/Cross Appellant. But, with respect, N25 million is far away from the amount claimed by the Respondent/Cross Appellant. I would award the sum of N30 million, because of the dire economic situation right now. It was bad enough in the year 2013 when judgement was delivered in this matter. It is even worse today, economically. "In the circumstances, I hereby award the sum of N30 million to the Respondent, instead of N25million awarded by the court below. The cross appeal succeeds in part, and I so order. N100,000.00 cost in favour of 5th Respondent/Cross Appellant."

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Applicability of Sections 96, 97 & 98 Sheriffs and Civil Process Act in the National Industrial Court Learned Senior Advocate, Asiwaju Adegboyega Awomolo, thoroughly examines the provisions of Sections 96-98 of the Sheriffs and Civil Process Act 2004, and also with the aid of judicial precedent, concludes that those provisions are applicable to the National Industrial Court of Nigeria, as they are to the Federal High Court, High Court of the Federal Capital Territory, Abuja, and State High Courts

T

he National Assembly enacted the Sheriffs and Civil Process Act 2004 (SCPA), and made provisions for appointment of Sheriffs, the enforcement of judgements and orders, and the service and execution of civil processes of the courts throughout Nigeria. Indeed, Section 4(3) of the Constitution of the Federal Republic of Nigeria 1999 (as amended)(the Constitution) provides that the National Assembly shall have powers to make laws for the peace, order and good government of the Federation, with respect to any matter included in the Exclusive legislative list, save as otherwise provided in the Constitution to the exclusion of the House of Assembly of States. Item 57, under the Exclusive Legislative List, in the Second Schedule, of the Constitution provides for “service and execution in a State of the civil and criminal processes judgement, decrees, orders and other decisions of any court of law outside Nigeria or any court of law in Nigeria other than a court of law established by the House of Assembly of that State”, as an item upon which the National Assembly can exercise legislative powers. The National Assembly is deemed to have exercised the legislative powers in the enactment of the SCPA, being a Federal Law enacted in 1945. Section 97 of the SCPA, provides as follows: Endorsement on writ for service outside a State. “Every Writ of Summons for service under this part out of the State or the Capital Territory in which it was issued shall, on addition to any other endorsement or notice required by the law of such State or the Capital Territory, have endorsed thereon a notice to the following effect (that is to say) this summons (or as the case may be) is to be served out of the State or (as the case may be and in the State (or as the case may be)”. There were in the past, arguments as to whether or not of the application of this law is in all the superior courts of record all over the Federal Republic of Nigeria, even though there was unanimity that every Act of the National Assembly applies and is effective throughout the Federal Republic of Nigeria. The provisions of this law have been given judicial interpretation by the Supreme Court in Nigeria, which is the apex court, as one applicable in all superior courts of record, that is, the court established under the Constitution. Respectfully, I submit that neither the law nor the Supreme Court, created exceptions to the law. All that an objector is required to prove, is that the originating writ of summons was issued by the Claimant(s) in a State of the Federation or the High Court of the Federal Capital Territory, Abuja, for service on the Defendant(s) in another State of the Federation. The key words in my view are “out of the State or the Capital Territory in which it was issued and the ... State.” Under the Principle of Stare decisis, all courts inferior to the Supreme Court are bound by the decisions of the Supreme Court, and must be given effect as may be relevant to the facts and the law in issue. Locus Classicus The locus classicus on the interpretation of

Asiwaju Adegboyega Awomolo, SAN

the Act, is the decision of the Supreme Court in OWNERS OF THE MV ARABELLA v NIGERIAN AGRICULTURAL INSURANCE CORPORATION reported in (2008) 11 NWLR (Pt. 1087) 182. The relevant facts are that, the Appellant who was the Plaintiff at the Federal High Court in Lagos, in 1996, took out writ of summons against Defendants who were served at Plot 452 Tafawa Belawa Way, Area 3, Garki – Federal Capital Territory, Abuja. The writ was not endorsed with the Statutory requirement, under Section 97 of the Act. The argument and contention was that, the Plaintiff having failed and neglected to endorse on the writ of summons the prescribed statutory endorsement, in compliance with Section 97 of the SCPA, the writ was invalid. Hon. Justice Rosaline Ukeje, (as she then was), considered the arguments and in conclusion set aside the said writ and its service for non- compliance with the Act, and proceeded to dismiss the suit. The appeal against the decision went to the Court of Appeal, Lagos, which affirmed the decision of the Federal High Court, Lagos. The Applicant went on further

appeal, to the Supreme Court. The core argument before the Supreme Court was that, the Federal High Court was a single court, even though with several divisions, in several States of the Federation, and, therefore, not being a “State High Court”, was not affected or bound by the provisions of Section 97 of the SCPA. It was argued that, the status of the court, not its geographical location, determines the applicability of the Act. The Supreme Court, noted the mandatory nature of the provisions of Section 97 of the Act, as applicable in all courts of the Federation, which makes it compelling that the statutory endorsement must be stated on the writ, ‘for service outside the State of issue’. The court affirmed the decision of Achike JCA (as he then was and of blessed memory) in the case of BELLO v NATIONAL BANK OF NIGERIA LTD. (1992) 6 NWLR (Pt. 246) 206 @ 217 – 218 where the late Jurist stated the law in these words: “It is clear that the provision of Section 97 of the Sheriffs and Civil Process Act, are couched in mandatory terms. Any service of a writ without the proper endorsement as stipulated under Section 97, is not a mere irregularity, but is a

“THE SUPREME COURT, NOTED THE MANDATORY NATURE OF THE PROVISIONS OF SECTION 97 OF THE ACT, AS APPLICABLE IN ALL COURTS OF THE FEDERATION, WHICH MAKES IT COMPELLING THAT THE STATUTORY ENDORSEMENT MUST BE STATED ON THE WRIT, ‘FOR SERVICE OUTSIDE THE STATE OF ISSUE’ ”

fundamental defect, that renders the writ incompetent”. The Supreme Court in affirming the decisions of the Federal High Court and the Court of Appeal, the Hon. Justice Ogbuagu, JSC (of blessed memory) spoke the mind of the court in these words: “By virtue of Section 97 of the Sheriffs and Civil Process Act, every writ of summons for service out of the State in which it was issued must, in addition to any endorsement of notice required by law of such State, have endorsed thereon a notice indicating that the Summons is to be served out of the State and in which State it is to be served. Failure to endorse the required notice on a writ of summons for service outside of a State where it was issued, is not mere irregularity but a fundamental defect that renders the writ incompetent, and goes to the root of the jurisdiction and affects the competence of the court.” The Supreme Court, in its wisdom, considered the question whether the provision of Section 97 of the SCPA applies to the Federal High Court, considering Section 19(1) of the Act which interprets the court “to include a High Court and a Magistrate Court”. The court concluded that, the provision of Section 97 of the Act is applicable in all High Courts, including the Federal High Court, and that the provision has nothing to do with the coverage of the jurisdiction of the Federal High Court, which is nationwide. The Supreme Court’s decision has become sacrosanct throughout the Federation, and in the most recent decision, in the case of REUBEN IZEZE v INDEPENDENT NATIONAL ELECTORAL COMMISSION (INEC) & ORS (2018) 11 NWLR (Pt. 1629) 110, the Supreme Court again affirmed the applicability of the provision of Section 97 to every originating writ, issued by the Federal High Court in any division of the court. In this case, the Federal High Court, Warri Division, issued a writ of summons for service in Abuja, outside Delta State. The Supreme Court held that, Summons issued by the Federal High Court Warri, Delta State, endorsed for service in Abuja, Federal Capital Territory, without the statutory endorsement, was fundamentally and incurably defective, and could not be regularised. National Industrial Court However, there is currently a legal logjam as to whether the same SCPA, specifically Section 97, applies to writs issued by the National Industrial Court of Nigeria (NICN), established by the Constitution of the Federal Republic of Nigeria (Third Alteration Act 2015). As at today, the NICN has about 15 divisions, in about 15 States of the Federation. The Court of Appeal, Abuja Division in an unreported appeal No. CA/A/ 795/2015 between MRS LUDMILA ANDREEVNA A. B. TUKUR v 1) KADUNA POLYTECHNIC, 2) THE REGISTRAR, KADUNA POLYTECHNIC, AND 3) GOVERNING COUNCIL, KADUNA POLYTECHNIC delivered on 30th July 2018, concluded that the provisions of Sections 95, 96, 97 and 98 of the SCPA do not apply, affect or relevant in matters and causes filed in the NICN, even

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APPLICABILITY OF SECTIONS 96, 97 & 98 SHERIFFS AND CIVIL PROCESS ACT IN THE NATIONAL INDUSTRIAL COURT CONTINUED FROM PAGE 14 though served outside the State of issuance. In this case, the Claimant caused to be issued, a writ of summons at the Abuja division of the NICN, and the service was to be served in Kaduna State. The Defendant challenged the validity of the issuance of the originating writ of summons served on them in Kaduna without the statutory endorsement, and the objection was overruled by the court. An appeal was filed at the Court of Appeal, Abuja. The Court of Appeal affirmed the decision of the NICN. For the avoidance of error or misquotation, I would like to quote in extenso the very brilliant conclusion of the Hon. Justice Emmanuel Akomaye Agim, Hon. Justice of the Court of Appeal, who wrote the lead judgement. He stated in these words: “I agree with the argument of Learned Counsel for the Cross Respondent, that the National Industrial Court of Nigeria is not bound by Sections 95, 96, 97 and 99 of the Sheriffs and Civil Process Act. This is because Section 19(1) of the Act defines court thusly- "Court includes the High Court of the Federal Capital Territory Abuja or of the State". This definition qualifies the wide definition in Section 2 of the same Act as including "a High Court and a Magistrates Court". Being a later provision in the Act, it overrides Section 2 which is an earlier provision, as it is a trite rule of statutory interpretation that, later provisions in a statute override earlier ones in that statute on the same subject-matter, and that special provisions override general provisions, especially where they conflict. Another reason is that, while the definition in Section 2 applies generally to the Act, Section 19 limits the application of the definitions therein to parts III, IV, V, and VI of the Act. The exact text of Section 19(1) opens with these words - "in this part and parts IV, V and VI... A further reason is that, Section 2, by subjecting its definition of the words therein to the context in which they are used, made its definition of court subject to the definition of court by Section 19(1) specifically in the context of parts III, IV, VI and VI of the Act. So, the court to which parts III, IV, V and VI relates are the High Court of a State or of the Federal Capital Territory Abuja. Although, Sections 95, 96, 97 and 99 are not in the said parts III, IV, V and VI of the Act, but are in part VII of the Act, Section 95 of the Act defines a court as "a court to which parts III, IV, V and VI of the Act apply", which is defined in Section 19(1) as the High Court of the Federal Capital Territory Abuja or of the State. Again, the heading of part VII, though not part of its text, indicates that it provides for "service of the process and enforcement of the judgement of the courts of the Federal Capital Territory, Abuja and the States throughout Nigeria". It is clear also from the tenor of the provisions of Section 96 of the said Sheriffs and Civil Process Act, that the legislative intention is that part VII like parts III, IV, V and VI before it, should apply only to the High Court of the Federal Capital Territory or of a State. Section 96 of the said Act, refers specifically to a writ Summons issued out of or requiring the defendant to appear at any court of a State or the Capital Territory. It did not say any court in a State. So, the Act contemplates an originating process issued out of or requiring a defendant to appear at "any court of a State or the Capital Territory. "Court of" means the court belonging to that State or Capital Territory. If that section had used the phrase "Court in" a State or the Capital Territory, then it would have included Federal Courts located in that State or Capital Territory. The National Industrial Court is not listed in Section 19(1) as part of its meaning of a court, and is therefore, not a court to which parts III, IV, V and VI of the Act applies. Since it is not a court to which parts III, IV, V and VI of the Act apply, it is not a court to which part VII of the Act applies by virtue of the express provisions of Section 95 that court means "a court to which parts III, IV, V and VI apply". The general rule of interpretation that the use of the

word 'include' to define a word, makes the word defined to be inclusive of the things not expressly listed therein cannot be invoked to interpret Section 19(1) of the Sheriffs and Civil Process Act to include the National Industrial Court, because it is very clear on what it regards as a Court and so does not require any interpretation to find out if it has any other meaning beyond what it has clearly expressed. Also the provisions of Section 95 of the same Act and the of the Act would not accommodate such interpretation. Therefore Sections 95, 96, 97 and 99 cannot apply to it. Since the National Industrial Court is not a court to which part VII applies, the issuance and service of its processes do not need to comply with the provisions in part VII of the Act which includes Sections 97 and 99 therein. The Originating Summons that commenced the suit in the trial court, was issued and served in accordance with Order 3 Rule 17 of the National Industrial Court of Nigeria (Civil Procedure) Rules 2017. The Cross Appellant did not complain that the suit was not commenced in compliance with the National Industrial Court of Nigeria (Civil Procedure) Rules.” The NICN is a superior court of record, by virtue of the Constitution of the Federal Republic of Nigeria (Third Alteration Act) 2010. The Alteration Act amended Sections 6, 84, 240, 243, 254A-F, 287, 289, 292, 294, 295, 316 and 318 of the Constitution of the Federal Republic of Nigeria 1999 and its 3rd and 7th Schedule. The NICN is listed as No. 4, immediately after the Federal High Court in amended Section 6. Section 254D states: “For the purpose of exercising any jurisdiction conferred upon it by this Constitution or as may be conferred by any Act of the National Assembly, the National Industrial Court shall have all the powers of a High Court”. Section 254F further provides: “Subject to the provision of any Act of the National Assembly, the President of the National Industrial Court may make rules for regulating the practice and procedure of the National Industrial Court”. Sections 287(3), 289, 292 and 294 of the Constitution had inserted, after the words “Federal High Court”, the words “National Industrial Court”. It is our submission that, by coming immediately after the Federal High Court, the NICN has the character, attributes and obligations of the Federal High Court including its exclusive jurisdiction, as prescribed by Section 254. I submit respectfully, that, the learned Justice of the Court of Appeal instead of interpreting the word ‘court’ in isolation, the correct interpretation should be that the NICN is a court bound by all Acts of the National Assembly, in so far as they may relate to practice, procedures including service of writ of summons issued in one State of the Federation for service in another State, in the same way as the Federal High Court, operates divisions in all the States of the Federation, including the Federal Capital

Territory, Abuja. With respect, the interpretation given to Sections 2 and 19 of the SCPA by the Hon. Justices of the Court of Appeal, is rather too narrow, and indeed, defeated the purpose of the enactment of the Act which regulates the service of all civil processes, issued in one State for service in another State, in which it was issued. It is important to note that item 57, on the Exclusive Legislative List of the Constitution, relates to service and execution in a State of Civil and Criminal processes, Judgements, Decrees and other decisions of the Court of law, including NICN, even though established several years after the Constitution, being a court of law in Nigeria, other than a Court of law established by the House of Assembly. It is my view that, attention be given to the provision of Section 315 of the Constitution, which provides that existing laws shall have effect with such modification, as may be necessary to bring them into conformity with the provision of the Constitution. Such modifications include, interpretation of an Act of the National Assembly, to the extent that it is a legislative item with respect to which the National Assembly, is empowered by the Constitution to make law. I respectfully, submit that, the law is settled that, in order to discover the intention of the Parliament, parts III, IV, V, VI and VII of the SCPA should be read together, in conformity with the provisions of the Constitution, because the Act was enacted by the National Assembly pursuant to its exclusive legislative power and made applicable to all courts established under the Constitution, with respect to service of processes issued in one State of the Federation or Federal Capital Territory High Court and for service in another State. The NICN is a court of coordinate jurisdiction with the Federal High Court, High Court of the Federal Capital Territory and State High Courts, and is not by its specialised nature, superior to other courts, neither is it above compliance with the Act of National Assembly for the time being in force. The emphasis of the Court of Appeal in the judgement, which dwelt on the dichotomy of “former and later provisions of the Act” or the idea of “special and general provision of the Act”, defeats the purpose of the law. The Act was enacted with commencement date of 1st June, 1945. No one, would have thought in 1945 that there would be a Federal High Court, National Industrial Court of Nigeria or Federal Capital Territory Abuja, High Court. The provisions of Sections 4 and 315 of the Constitution of Federal Republic of Nigeria 1999, obliterate any ambiguity arising from a narrow definition of the law made in 1945 Laws of the Federation. The “High Court” defined in Sections 2, 19 and 95 of the Act is not restrictive, but includes all courts operating within a geographical area, called a State in Nigeria even though as in several or every State of the Federation. The NICN is a High Court to which part VII applies, because the concern of the Part, is the issuance and service of court processes in any State of the Federation or the Federal Capital Territory apply. The provision of the National Industrial Court (Civil Procedure) Rules, is a subsidiary legislation and cannot be a substituted for or override an Act of the National Assembly. The compliance with

“THE PROVISIONS OF THE SCPA BIND ALL THE ORIGINATING PROCESSES, ISSUED BY THE NICN, BEING A COURT ESTABLISHED UNDER THE CONSTITUTION AS A SUPERIOR COURT OF RECORD....WHATEVER AFFECTS THE PROCESSES ISSUED BY THE FEDERAL HIGH COURT, ARE APPLICABLE TO THE NATIONAL INDUSTRIAL COURT MUTALIS MITANDI”

the Rules of the court without the Act of National Assembly, would not save the process and service of the court process that violates the Act of the National Assembly, is invalid, null and void. The Supreme Court in EZEZE v INEC supra had this to say “The Sheriffs and Civil process Act is an act of the National Assembly, while the Federal High Court (Civil Procedure) Rules is a subsidiary legislation, a Bye law, inferior to an Act of the National Assembly. A diligent examination of Order 6 Rule 13-17 of the Federal High Court (Civil Procedure) Rules, reveals that the requirement that the Originating Process for service out of Jurisdiction must be endorsed as provided in Section 97 of the Sheriff and Civil Process Act, is not part of the said Rules. In the instant case, the Court of Appeal was wrong to restrict itself of to whether the originating process was properly issued and served on the 1st and 2nd Respondents. Oblivious of superior legislation, to wit the mandatory requirement of compliance with Section 97 of the Sheriff and Civil Process Act , which was not even addressed by the court”. The provisions of the SCPA bind all the originating processes, issued by the NICN, being a court established under the Constitution as a superior court of record, immediately after the Federal High Court. Whatever affects the processes issued by the Federal High Court, are applicable to the National Industrial Court mutalis mitandi. Unfortunately, the Court of Appeal, by reason of Section 243(4) of the Constitution, is the final Court in appeals emanating from decisions of the NICN. This judgement of the Court of Appeal, is bound to apply and be followed by the Justices of the NICN, until it is reviewed. Asiwaju Adegboyega Awomolo, SAN, Abuja

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8.1.2019

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5 ) * 4 % ": t TUESDAY, JANUARY 8, 2019

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T H I S D AY Ëž ÍśËœ 2019

BUSINESSWORLD

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

Ͳ Ëœ Í° ÍŽ ÍŻ ͡ MONEY MARKET OVERNIGHT OBB

REPO 23.75% 20%

CALL 1-MONTH 3-MONTH

21.50% 15.13 % 15.25%

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

355.69% 0.39% 1.78%

S & P INDEX 1/4 TO DATE YEAR TO DATE

2.41% 7.96%

EXCHANGE RATE N306.96/1US DOLLAR* *AS AT LAST FRIDAY

Quick Takes Huawei Reports Strong Growth

COURTESY VISIT

L-R: Director, Enyimba Economic City, Ugochukwu Okoroafor; founder, Nigeria and Entrepreneurship Summit and Honors (NESH), Emeka Ugwu-Oju; Head of Trade & Economics Section, European Union (EU) Delegation, Filippo Amato; Communications Consultant, NESH, Emma Agu and Economic Officer, EU Delegation, Ibi Ikpoki, when a delegation from NESH visited the Head, Delegation of the EU to Nigeria and ECOWAS at the EU office in Abuja‌recently

NNPC Insists on December Deadline to End Petrol Import Stories by Chineme Okafor in Abuja

ENERGY

The Nigerian National Petroleum Corporation (NNPC) has indicated it will meet up with the December 2019 deadline proposed by the federal government to end the importation of refined petrol into Nigeria. The development is expected to pave way for the refineries in Port Harcourt, Warri and Kaduna, to produce most of the petrol consumed in the domestic economy. In 2018, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, had disclosed Nigeria would exit importation of petrol and totally depend on its own refined petrol.

The minister had then stated that a steering committee headed by him and others had been constituted to fine-tune the process. But in a September 2018 operations and financial report of the NNPC which THISDAY obtained recently in Abuja, the corporation explained it would abide by the deadline, and was making progress on the plan. “NNPC is intensifying efforts towards the rehabilitation of the refineries to meet December, 2019 target of ending fuel importation,� the report stated about plan to meet the target. Nigeria’s expenditure on pet-

rol importation has continued to grow with the Group Managing Director of NNPC, Dr. Maikanti Baru, recently disclosing that the total amount of underrecovery - a term now used by the corporation to describe the financial amount of subsidy the federal government absorbs for keeping the pump price of petrol at N145 per litre, was N25 per litre. This figure when calculated against the three billion litres of petrol the corporation recently imported suggested Nigeria may have recorded about N75 billion under-recovery in this regards. Furthermore, if calculated on the basis of 60 days which the NNPC said the three billion

litres would last Nigeria, and which amounted to 50 million litres consumption per day, then 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. Meanwhile, the NNPC report also indicated that within the period under consideration, up to 628,000 barrels of oil was lost to shutdown of pipeline and export terminals. It explained: “The Trans Escravos Pipeline (TEP) was shut down for seven days from 3rd to 10th August 2018 due to observed leaks at the Otumara Continued on page 24

TCN Gets $245m for Transmission Grid Expansion France, through its development agency – the French Development Agency (AFD), has approved for the Transmission Company of Nigeria (TCN), a total of $245 million financial package to undertake its expansion of Nigeria’s electricity grid at the northern ends of the country. A statement from TCN’s General Manager, Public Affairs, Mrs. Ndidi Mbah, explained that the board of AFD approved the $245 million on December 20, 2018. Mbah, stated that the funding would enable TCN undertake the Northern Corridor Project under its Transmission Rehabilitation and Expansion Program (TREP). She noted that apart from the AFD’s $245 million financial

ENERGY package for the project, the European Union (EU) had earlier approved a grant of â‚Ź25 million for the project. According to her, the approval of the Northern Corridor Project by the board of AFD and European Union was a significant step towards establishing a modern electricity grid in Nigeria. She noted that while the TREP sought to rehabilitate, stabilise and provide necessary transmission redundancy consistent with international standard in the form of N-1, as well as expand the national grid to take at least 20,000 megawatts (MW) of generated electricity soon, its implementation has attracted significant

support from multilateral and bilateral donors such as the AFD; World Bank; African Development Bank (AfDB); and Japan International Cooperation Agency (JICA). The Northern Corridor Project, she stated would form the backbone for the West African Power Pool (WAPP) north core which would connect Nigeria; Niger Republic; Benin Republic and Burkina Faso on 330 kilovolt (kV) Double Circuit (DC) transmission line. “It is also expected to construct the Kainji-Birnin-Sokoto 330kV DC line, Katsina-DauraGwiwa-Jogana-Kura 330kV DC line and reconstruct one of the Shiroro-Kaduna 330kV Single Circuit transmission lines into 330kV quad line which will be the first of its kind in Nigeria.

“The project will construct 330/132/33kV substations in Sokoto, Daura and Jogana-Kano and 132/33kV substations at Birnin Gwari, Argungu and Lambata in Niger State and equally rehabilitate Jebba and Kainji switch yards to ensure adequate capacity to evacuate Mainstream’s expansion plans,� Mbah, explained. Additionally, she said with the support of the Federal Ministry of Finance, the AFD was also assisting the TCN to construct the Sokoto-Kaura Namoda-Katsina 330kV DC line, which would lead to the closure of the 330kV loop and would cost $55 million. She informed that the TCN has commenced preparation for Continued on page 24

Global technology ďŹ rm, HuaweiTechnologies has outlined its 2019 growthstrategylargelyfocusedonguaranteeingitsbusinessresilience while announcing a 21 per cent growth in 2018. In a New Year’s message, HuaweiTechnologies Rotating Chairman, Mr.GuoPing,describedlastyearaseventfulfortheďŹ rmwhilepromising swift recovery from negative conjecture and market restrictions. Undeterred by thinly veiled market restrictions, Ping said Huawei in 2018, managed to sign 26 commercial contracts for 5G with leading global carriers and have already shipped more than 10,000 5G base stations to markets around the world. More than 160 cities and 211 Fortune Global 500 companies. He said the company selected Huawei as partner for digital transformation, aording the ďŹ rm 2018 sales revenues of up to $108.5 billion. The early waves of mobile communications technologies were largely driven by American and European companies. As5Gapproaches,promisingtounprecedentedlytransformtheway people live and reshape the society and industries, Huawei remains a player in the battle to determine who will lead the race, despite being barred by the United States from supplying its government and contractors on allegations that Chinese manufacturers are spying on theWest, Ping said. In a statement, Huawei noted that no evidence has ever been provided to prove the accusation, adding that it would not be in Huawei’s interest to carry out the alleged surveillance activities, as it would cause the company to lose its image and the current position in the international market. The company believes that its growth in the past 10 years has worried its international competitors, being the leading networking equipment supplier in the world.

Hyundai Records Car Deliveries

Hyundai motors has announced that it delivered 677,945 vehicles in the United States (US), and 7.1 million in India in 2018. This is just as General Motors (GM) explained its sales of 200,000 electricvehiclesin2018.Within2018inIndia,Hyundaisaiditsold7,10,012 units, its highest ever in a year, as compared with 6,78,221 units in 2017. Domestic sales during the year rose 4.3 per cent to 5,50,002 units as compared with 5,27,320 units in 2017, the company said. Exports during the year rose to 1,60,010 units, up 6 per cent from 1,50,901 units in 2017. Meanwhile, South Korea’s Hyundai Motor Group has agged another year of tepid car sales growth on the back of a slow 2018, saying trade protectionism adds uncertainty and major markets such as the United States and China remained sluggish. In his ďŹ rst New Year address to employees, group heir apparent Euisun Chung said Hyundai Motor Company and Kia Motors Corporation would complete a restructuring of South Korea’s second-biggest conglomerate, which is widely expected to pave the way for him to formally succeed his octogenarian father as head of the group. The complicated succession plans come as Hyundai contends with a bunch of problems that have cost it market share in China and the United States and stalled its rise up the ranks of global automakers.

Fund Managers Anticipate Stock Rally

After emerging market stocks led global equity markets lower in a brutal 2018, some U.S.-based fund managers are betting that the asset class may have the largest rebound in the new year Itmaynotlooklikelyatthemoment,giventhataneconomicdownturn in China prompted iPhone-maker Apple Incorporated to lower its quarterlyrevenueforecastonWednesdayfortheďŹ rsttimeinadecade. Its shares slumped nearly 10 percent after Chief Executive Tim Cook blamed the U.S.-China trade war and “economic deceleration,â€? prompting broad sellos around the world the following day. Yet fund managers fromWestwood Holdings Group, GMO,T. Rowe Price and Causeway Capital Management are among those who are betting that emerging market stocks will post outsized gains in 2019. They cite a combination of compelling valuations and a likely decline in the value of the dollar that will help accelerate economic growth. AsChinacontinuestobearthebruntofU.S.PresidentDonaldTrump’s focus on trade taris, fund managers are expecting that shares in countries like India, Thailand, Peru, and Brazil will outperform the China-dominated emerging market benchmark index.

“The top four banks in Africa are South African and that speaks to the strength of South African banks. If our economy is bigger than that of South Africa, naturally you would expect that we should have bigger banks�

MD/CEO of First Bank

Dr. Adesola Adeduntan

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BUSINESSWORLD NNPC INSISTS ON DECEMBER DEADLINE TO END PETROL IMPORT

axis with production loss of 30,000 barrels per day (bpd). “Also the Otumara flow station was shut down for 10 days from 18th – 27th August 2018 for maintenance works with production shutin of 34,000bpd. “The TRP (Brass Creek / Trans Ramos Pipeline) was shut down since 24th April 2018 due to leaks in a creek crossing in the Odimodi area with the loss of approximately 35,000bpd of production into Forcados Terminal. The line remains shut all through the month of August and to date.� It further stated: “OYO Terminal: Due (to) technical issues with the only producing well, this terminal was shut down in the whole of August from 16th August 2018 and to date. The production shut-in was 5,000bpd. “The Agbami, Brass and Qua Iboe terminals were all shut down for one day each in August 2018 for maintenance, plant trip and power issues respectively leading to production cut of 23,000bpd, 10,000bpd and 45,000bpd respectively.� TCN GETS $245M FOR TRANSMISSION GRID EXPANSION

the construction of the SokotoKaura Namoda-Katsina line and 330/132/33kV substation project at Kaura Namoda. “The project when completed will provide the necessary flexibility and redundancy as well as significantly improve bulk power supply to all the states in the Northwest and parts of the Northcentral states,� she added. According to her, the AFD would be the first of TCN’s donor to support implementation of Greenfield transmission infrastructure in Nigeria. The project, Mba said would be implemented without delay. She further explained that the implementation of the TREP was on track and that contracts for the construction of five transmission substations in Abuja and new Lafiya to Abuja 330kV transmission line also financed by AFD have all been signed.

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

Rosatom: Nigeria’s Nuclear Technologies Pact with Russia Comprehensive Chineme Okafor in Abuja Nigeria’s existing nuclear technology agreement with Russia will not just enable the former generate more electricity for her domestic economy, but also help improve her healthcare; science; industry and agriculture sectors, Russian State Nuclear Energy Corporation Rosatom has stated. According to Chief Executive Officer (CEO) of Rosatom Central and Southern Africa, Dmitry Shornikov, both countries’ agreements on cooperation in the design, construction, operation and decommissioning of the Nuclear Power Plant (NPP) and the Multipurpose Research Reactor Complex (MRRC) will create an economic advantage for Nigeria beyond electricity production. Shornikov, said this in a speech he delivered at the recent 15th edition of the Future Energy Nigeria Conference and Expo in Lagos recently. He highlighted and defended the benefits of nuclear energy to Nigeria, adding that peaceful use of atomic power to develop Nigeria would serve the country well. He noted that access to stable and affordable electricity was one of the biggest challenges to Nigeria’s industrial revolution and sustainable economic growth. Quoting the World Bank Enterprise Survey, he pointed out that electricity was the second

overall business obstacle and first business obstacle for over half of large firms in Nigeria. The survey, he added, showed that 70 per cent of large firms on the average experience 44 electrical outages per month in Nigeria for an average 11 hours, and which often resulted to lose of one-fourth of their annual revenue. He explained that another World Bank study had shown that outages reduce direct exports of African firms by six to 12 per cent.

“Shortage of sustainable and affordable energy sources make it difficult for African nations like Nigeria to implement its strategic industrialisation goals, this against a background of growing urbanisation as well as demands for employment and modern infrastructure. “The importance of the industrial sector in a country’s economic development cannot be over-emphasised,� Shornikov stated. He added that: “Within the past recent years Russia and Nigeria signed agree-

ments on cooperation in the design, construction, operation and decommissioning of the Nuclear Power Plant and the Multipurpose Research Reactor Complex (MRRC) on the territory of Federal Republic of Nigeria. “These agreements provide for appointment of authorised organisations for the projects’ development and implementation and determine their framework. Considering the project on construction of the Multipurpose Research Reactor

Complex, this complex will ensure wide application of nuclear and radiation technologies in healthcare, science, industry and agriculture in Nigeria.� According to him: “The MRRC will bring various economic advantages such as new technological industry platforms, national industry development, improved regional investment climates, agricultural export growth, new jobs as well as increased life expectancy and improved quality of life for Nigerian population.�

PROMOTING E-BUSINESS

Executive Director, Business Development/COO, Global Accelerex Limited, Kayode Ariyo; Special Assistant to the Vice President on Innovation and Entrepreneurship, Ifeoluwa Adebayo; Chairman, CeBIH, Stanley Jacob and Vice Chairman, CeBIH, Kayode Olubiyi at the Annual Retreat of the Committee of e-Business Industry Heads (CeBIH), held in Abeokuta...recently

ALTON Hails Telecoms Sector Regulator Emma Okonji The Association of Licenced Telecoms Operators of Nigerian(ALTON) has commended the regulator of the Nigerian telecoms sector. According to ALTON, the NCC had been a champion of regulatory best practices, proactively addressing issues rather than playing to the gallery by imposing draconian sanctions on erring operators. The Chairman of ALTON, Gbenga Adebayo who made the clarification in a statement, while reacting to recent media report that the NCC allows illegalities on the part of telecoms operators, said the report was biased and shallow rooted about the activities of telecoms operators,

which the NCC regulates. Adebayo, said the NCC had on several cases, imposed heavy sanctions on ALTON members for infractions, even when ALTON oftentimes disagrees with the NCC on some of the sanctions, and that it would be unfair for anyone to suggest that the commission has been lax or overly accommodating of breaches of any kind. According to Adebayo, “We are also deeply concerned that although the report mentioned challenges faced by telecoms operators in Nigeria, it unfairly down-played the effect of these challenges on service provision. “It is on record that in 2001 when the industry was liberalised, many global players shunned the opportunity

because of dearth of supporting infrastructure. Those who eventually took up the licenses paid as high as $285 million for each license on the assurance that the license fees would be used to build and/or improve supporting infrastructure, particularly power and transmission networks. “18 years after, operators are still left to self-provide power, transmission, security and other supporting infrastructure which are taken for granted in other jurisdictions.� He added: “The report itself attested to the fact that a single telecoms operator spent over N30 billion on diesel per annum, which is one of the highest usage in the country today. This should be of concern to

serious analysts. “Also, it is rather disturbing that the report mentioned that issues of Right of Way (RoW), multiple taxation, vandalisation of infrastructure, accessibility issues and shutting down of telecom infrastructure are rampant in Nigeria but claims that these are weak arguments for poor performance.� Adebayo insisted that the quality of telecoms services in Nigeria was among the best in comparable jurisdictions, despite the challenges its members face in their day-to-day operations. He added that despite the extremely high cost of providing services in Nigeria, the telecoms industry is the only sector where charges have been stable. “Our members daily do battle

the state and local government agencies who aggressively harass them to pay both legitimate and illegitimate taxes and levies which runs to several million naira in some cases, they daily contend with high costs of diesel, frequent theft of equipment, among others without increasing tariffs. “Despite all of these, our subscribers pay far less tariffs per minute than they paid five years ago, and data charges have continued to fall over the years as we struggle to democratize access to life-changing telecoms services, Adebayo added, while assuring that ALTON would assiduously work with the regulator and other stakeholders to tackle these concerns in the best interests of our subscribers.

FXTM Holds Capacity Building Initiative One of the global, awardwinning forex broker FXTM, will be organising another series of forex trading seminars and workshops in Nigeria. The events would be held in two cities - Lagos and Port Harcourt from 11 to 17 January and from 18 to 24 January respectively. A statement explained that the seminars and workshops would see FXTM Head of Education, Andreas Thalassinos, share his expertise on key technical analysis topics that would take traders’ knowledge to the next level.

In 2018, FXTM recorded 83 per cent global increase in event participation compared to 2017, and the broker aims to take the number higher in 2019. “Thalassinos is revisiting Nigeria with four seminars and two three-day workshops to meet as many traders as possible. “Part of the mission is to also ensure the company’s goal of providing adequate forex trading education, as well as enrich traders’ knowledge and help them discover their own Ultimate Trading Formula,� the statement added. On his part, Thalassinos was

quoted to have said: “FXTM knows how important it is to educate clients and has a passion for sharing trading insights to clients on a global scale. We believe in making these educational seminars accessible to anyone seeking to develop their trading skills and expand their investment portfolio.� Also, the Chief Commercial Officer at FXTM, Lex Webster said: “FXTM strives to provide the best trading experience. We have consistently increased our activities in client education, be it through live events or digital

channels like webinars to cater for traders from all walks of life and skill levels. “In 2018 we doubled the number of live events to meet growing demand and we have really exciting plans for 2019 to bring bigger and better trading education to not only Nigeria, but across the world.� During the seminars and workshops Thalassinos would share his expertise on technical analysis, risk management, fibonacci profit levels, identifying high-probability entry and exit points – all with the eventual goal of enriching participants’

trading strategies through the Ultimate Trading Formula. Participants in Lagos would have the chance to take part in two one-day seminars and a three-day workshop on 11 and 12 January and from 15 to 17 January, respectively, the statement revealed. “In Port Harcourt, there will be not one but two seminars taking place on 18 and 19 January, along with a workshop that will take place from 22 to 24 January. Three lucky participants will win high-tech prizes during the draw that will take place as part of the seminars,� it added.

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BUSINESSWORLD

ENERGY

Fixing Nigeria’s Dilapidated Oil Pipelines Chineme Okafor reviews a new report that revealed that Nigeria’s petroleum products pipelines are in a state of disrepair and need to be fixed or replaced

Pipelines The outcome of a study commissioned by the Nigerian National Petroleum Corporation (NNPC) to determine the operational status of the country’s network of petroleum products pipeline it manages and how it can become commercially viable to the country was recently obtained by THISDAY. The report indicated that the lines are mostly broken-down and would need to be replaced or fixed with $12 billion and $1.1 billion respectively. Initiated to amongst other objectives, come up with an intervention plan to transform government-owned downstream oil pipelines into a proper business with incentives to attract private sector participation, the study showed there was an urgent need to refurbish and get Nigeria’s oil pipelines to work economically and optimally. Current Condition of NNPC’s Pipelines The outcome of the study stated that product losses from vandalism on pipelines owned by the NNPC, as well as costs incurred by the corporation to repair them when broken have been enormous, and suggested they be segmented for either privatisation or commercialisation. To buttress its findings, a September 2018 edition of the monthly operations and financial report of the NNPC, had explained that products theft and vandalism have continued to destroy value and put NNPC at disadvantaged competitive position. The NNPC operations report had stated that between September 2017 and September 2018, a total of 1,883 vandalised points were recorded on the pipelines of the corporation. Similarly, the corporation stated in another of its monthly reports that between January and December 2017, a total of 1120 vandalised points were recorded on its pipeline, thus indicating that theft of products and vandalism of its downstream assets have continued to affect negatively its value addition to the country’s oil and gas industry. Findings of the Study Though the extensive upstream crude oil pipelines owned by oil producing companies and downstream gas pipelines were excluded in its study, it however captured all of the existing products lines of the NNPC, but could not exactly state how well they are positioned to operate. For instance, it stated that: “The exact mechanical condition of the network is unknown, and it would cost more than $12 billion to replace

the entire network today, and more than $1.1 billion to repair and inspect it comprehensively.� Furthermore, the study highlighted that that: “The pipeline network is a worthy investment that is currently vastly underutilised due to a myriad of problems.� According to it, the Pipelines and Products Marketing Company (PPMC), a subsidiary of the NNPC, which manages the lines have been unable to make the most of the pipeline network, which traverses the country, and consists of 4,315 kilometres of multi-product pipelines and 701 kilometres of crude oil pipelines. “The pipelines are operated by Products and Pipelines Marketing Company (PPMC), and are utilised to transport crude oil from Warri to the Kaduna refinery, and to transport refined products (i.e. premium motor spirit (PMS), automotive gas oil (AGO), dual purpose kerosene (DPK), and aviation turbine kerosene (ATK)) nationwide. “The key challenges identified with PPMC operations of the pipelines under exclusive government ownership comprise, refinery operations: low availability of the refineries results in sub-optimal utilisation of the pipelines; security, pipelines vandalism, and theft of products: this is well entrenched in Nigeria; product pricing and downstream market regulations: these stifle private sector participation in the value chain, and related losses have been estimated at up to $15 billion per annum; poverty and chronic underdevelopment: this is partly responsible for the chronic incidences of vandalism and theft of products,� the outcome of the study explained. It stated that while Nigeria faces challenges

Responsibility for pipelines rests with PPMC. However, it appears that PPMC do not have a unit capable of managing the entire spectrum of pipeline operations, particularly those related to technical maintenance

in its pipelines, pipeline transportation business has however been thriving in many countries, particularly the United States, thus indicating the country has remained largely behind in the modern approach to petroleum products distribution. Nigeria, it noted still relies on expensive road tankers to take products across her length and breadth. Way Forward In its recommendation, the study stated that deregulating the downstream sector, and privatising or commercialising all its value chain such as the refineries; pipelines network; pumping stations; and product storage depots, would ensure that the sector operates in a sustainable manner, such that market realities will keep its long-term viability. It equally did a comparative study of pipeline commercialisation models for possible adoption, along with policy recommendations developed for commercialisation with guidelines for implementation of the recommendations. According to it: “For efficient management and to encourage competition, the products pipelines can be divided into three sections: The Western, Eastern, and Northern sub-networks. Additionally, the upstream segment for supply of crude oil to the Kaduna refinery can be managed as a dedicated crude oil sub-network.� It however warned that before the commercialisation proposal is accepted for implementation, the country must endeavour to fix first its refineries and ensure they work well. “Subsequent to their privatisation/commercialisation, fix/repair the four inland refineries and ensure they operate at optimum availabilities. If this is not achieved, it is unlikely that private investors will show a keen interest in acquiring/ managing the pipeline network,� it explained. Continuing on the actions to be taken, it said splitting the lines into segments could then be the next action to be implemented. It warned the government to avoid repeating the mistakes it reportedly made in the 2013 power sector privatisation exercise which perhaps included not getting the market governance processes right before launching out the market. “Split the pipelines network into the indicated four segment sub-networks, i.e. Western, Eastern, Northern and Crude Oil, and privatise/commercialise each as distinct companies. “Avoid the pitfalls associated with the privatisation of PHCN (Power Holding Company of

Nigeria) assets in the electricity supply sector. Generate employment for the general public and the host communities via the pipelines privatisation/commercialisation process,� it stated. Turning to pipeline vandalism, the study stated that its severity was higher in the south than in the north, and that there is a ‘market’ for both crude and refinery products tapped from the pipelines. It equally questioned the capacity of the PPMC to secure the lines, saying: “Responsibility for pipelines rests with PPMC. However, it appears that PPMC do not have a unit capable of managing the entire spectrum of pipeline operations, particularly those related to technical maintenance. “Even basic security surveillance of the pipeline RoW is severely compromised. The opportunities that these technical and security-related operations offer to engage the communities on the pipeline RoW - and thereby improve government presence therein - are not maximised. Instead, only a token effort is made.� Expert’s views Notwithstanding the findings of the study, experts such as Dr. Chijioke Nwaozuzu, who is a Deputy Director at the Emerald Energy Institute for Energy and Petroleum Economics, Policy and Strategic Studies, University of Port Harcourt, explained in a paper he recently presented on the options available to the PPMC to fix and get its petroleum products supply and distribution infrastructure working well again, that the refineries owned and operated by the NNPC in Warri, Kaduna and Port Harcourt would be unable to operate efficiently when the supply and distribution infrastructure remain compromised as they appear to be at the moment. Nwaozuzu, stated that the infrastructure which are currently operated as natural monopolies should not be privatised without consideration to national security, adding that a downstream petroleum infrastructure rehabilitation plan could be developed to fix them before privatisation. He equally posited that since the downstream infrastructure would serve as incentive for potential new investments in refineries and petrochemical plants in Nigeria, repairing them and setting up an independent regulator to operate them on a truly commercial basis could be a reasonable option pending when they could be privatised along the four segments proposed in the study with the NNPC retaining at least 40 per cent of their shares.

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BUSINESSWORLD

INDUSTRY

TacklingSubstandardProducts Jonathan Eze writes on efforts by the Standards Organisation of Nigeria to eradicate inferior goods in the country A report titled: “The Economic Impact of Counterfeiting,� has disclosed that industries world-wide loses large amounts to counterfeiters. These losses, according to the report by Organisation for Economic Co-operation and Development, does not only affect the producers of genuine items, but they also involve social costs. The ultimate victims of unfair competition are the consumers. They receive poor-quality goods at an excessive price and are sometimes exposed to health and safety dangers. Furthermore, the report noted that governments lose out on unpaid tax and incur large costs in destroying and prosecuting defaulters. With the damages caused by the preponderance of substandard products, Nigerians have been urged to consciously reject them and imbibe the culture of reporting illicit products to the agency. This is expected to help the SON apprehend, destroy and prosecute the merchants and their agents. It has been established that fake and substandard products are part of the major causes of the ecological hazards the country faces on a daily basis. Hence, it is a patriotic and ecological duty to do so in order to combat the war, especially in a country that is still on ground zero when it comes to recycling and green technologies. However, stakeholders believe that Nigerian consumers are not adequately educated about their rights. Consumers need to be sufficiently educated on the negative consequences of counterfeit products and how to identify them and report to the appropriate authorities. Greg Odogwu, an environmentalist told THISDAY that communication is the key to foster good citizenship, adding that the media should also assist in the education of consumers. He said: “The more people are aware of their rights as consumers and the consequences of substandard products, the more the problem would be able to be tackled. “In America and Europe, there are one dollar shops and one pound shops where cheap products are sold. Anybody that goes there knows the quality of goods they are buying as well as what to expect. “But in Nigeria, people go to the same market and buy all kinds of products without knowing the quality of what they are buying. Someone might be buying products that bear the label of the original without knowing they are buying counterfeit products.� Recently, SON urged importers of substandard goods to desist from wasting huge sums

Aboloma of money on importation of goods that have no consumer utility. It also added that such fake goods would end up being destroyed if intercepted, pointing out that the agency would stop at nothing to protect the lives and property of Nigerians. Director-General, SON, Osita Aboloma, gave the charge at a destruction site in Lagos. “Please stop wasting your money importing substandard goods, we cannot afford to compromise on quality because the lives and property of Nigerians are paramount and our primary responsibility is to protect Nigerians from these goods that are injurious to families and the nation at large. “We are here to destroy some substandard products we intercepted at the ports, borders and highway, we tested them and found out that they failed the basic parameters for standard products and some of the products have expired. “We do not want these products to find their way into the markets, because they are harmful to human lives,� Aboloma said. He listed the products that were conveyed to the dumpsite as electric cable, cylinders,

expired cigarette packaging materials, tyres, electric bulbs, motorcycle tubes, extension sockets and unfortified sugar. According to him, about N22.7 billion worth of substandard goods have been destroyed so far this year, stating that the agency will intensify efforts to tighten the noose where most of the substandard goods find their way into the shores of the country. “We have been destroying over time and for this year alone we have about N22.7 billion worth of products where some have been destroyed while some are awaiting destruction. “We have thousands of electric cables, stuffed tyres and cylinders in our warehouse waiting for further investigation and analysis,� he said. He said that SON could not be happy destroying the goods because the action brought nothing but drain on the national economy and hard-earned foreign exchange, maintaining that SON remained a business facilitator established to help genuine businesses to grow. “Our message to the importers is that we are not happy destroying these goods because it is a drain to the national economy and our

Make Agriculture Attractive to Youths, FG Urged Jonathan Eze The Human and Environmental Development Agenda (HEDA) Resource Centre has called on government at all levels to make agriculture attractive to young farmers in the country. According to the group, the country was at the risk of going hungry as the current average age of the Nigerian farmer has increased to 60. The Executive Secretary, HEDA Resource Centre, Sulaiman Arigbabu, stressed that the federal government must as a matter of urgency, implement policies and programmes to support young farmers as it is done in other climes, saying that this is the only way to achieve food security. Arigbabu, while speaking at an interactive session for

agric sector leaders and selected Lagos candidates for the 2019 general elections tagged: “Meet the Farmers,� in Lagos, said Nigeria can no longer rely solely on oil as the mainstay of the economy owing to the fact that agriculture currently employs the highest labour work force and also the largest contributor to the nation’s Gross Domestic Product (GDP) after oil. “We have taken farmers for granted. We have taken food for granted. We need to pay attention to agriculture and we are saying to Lagos State that agriculture can add a whole lot to the Lagos economy. It can even go as far as securing the State against the shocks that will definitely as oil price continue to dwindle,� he said. According to him, agriculture has the potential to lift millions

out of poverty and create millions of jobs for the nation’s teeming youthful population. “This young population needs government programmes and policies to support them in their endeavours as it is happening in other climes and this is why we are presenting the farmers manifesto, which is a document where we have identified along with the farmers all the issues that affects the sector.� He stated that in Lagos State, budgetary allocation to agriculture was below one per cent, saying that the quality of spending does not maximise the production potential neither does it support small scale farmers. Also speaking at the event, the Chair HEDA Management Team, Suraju Olanrewaju, said HEDA and other organisations had

chosen to broaden and deepen the conversation around food security and agriculture as a major issue for the elections. “What we seek to achieve is an atmosphere where candidates listen to farmers, listen to the farmers’ manifesto and then on the basis of that, tell the farmers how they plan to address various concerns of the sector,� he said. He stated that issues of food production, distribution, storage and access to loans, inputs and machinery as well as the positioning of agriculture as the main earner of the economy was a central issue for the election if truly the country is serious about lifting millions out of poverty, creating millions of jobs, reducing the disease burden and diversifying the nation’s economy away from oil.

hard-earned foreign exchange. “Importers pay foreign exchange to import these products and when they bring them in, we seize and destroy them. This is not good for anybody. Odogwu further argued that the collapse of the country’s textile industry was as a result of substandard fabrics that flooded the domestic market, found everywhere and sold at cheaper prices. According to him, N15 billionn is believed to be lost annually to fake or counterfeit goods annually, directly causing loss of tax revenue to the government, income loss to local manufacturers and loss of jobs in the employment that would have otherwise been generated. He listed many reasons why substandard products are still in the Nigerian market. “The first reason is non-commensurate penalties and fines for offenders. Until recently in 2015 when the SON Act of 2004 was amended and replaced by the SON Act 14, there were almost no penalties and deterrent fines. The penalties for offences stipulated in the laws of Nigeria appeared to be incentives to criminal activities, rather than a deterrent. The highest fine for bringing fake and counterfeit goods into the country was about N50,000. What this means is that a criminal who knew how much he was likely to make from the business, would prefer to do the bad thing and keep his fine of N50,000 in his pocket in case he was caught. However, there are now relatively severe penalties for offending manufacturers, importers and sellers of sub-standard or fake products in the amended SON Act 2015, ranging from N1m fine to life imprisonment. Secondly, he added, “Until recently, there was lack of power to prosecute. Before SON impounds a fake product, certain law has to be followed, but it did not have prosecutorial powers. “The laws before the amendment only allowed the police and the Attorney-General of the Federation to prosecute, and it was affecting enforcement of regulation against counterfeits. “This was why one would hardly hear about which and which offenders SON had been able to send to jail as a result of counterfeiting.� Ultimately, to win the war of substandard products, all companies need to make sure that their trademarks are adequately protected and to implement anti-counterfeiting policies to deal with the menace. A number of technologies, such as holograms, smart cards, biometric markers and inks, can be employed to protect and authenticate genuine products.

Olawale Now Substantive NECA DG Chris Uba After functioning in acting capacity for six months, Mr. Timothy Olawale has formerly assumed duties as the substantive Director General of the Nigerian Employers Consultative Association (NECA). Olawale, whose new designation and responsibility took effect from January 1, 2019 , succeeded Mr. Segun Oshinowo, who retired last December, after serving the association for 19 years. Before his new position, Olawale was the Director in charge of Membership Services, where he was said to have played key role in the membership development of the Association. A graduate of Psychology from the University of Ibadan the new NECA boss also holds a master’s degree in Labour and Industrial Relations from the

University of Lagos, Nigeria. He had served as Executive Secretary of Hotel and Personal Services Employers Association for five years before joining NECA in April, 2011. He promised to do all that is necessary to preserve the tradition of the association and take it to greater height. He said the association would continue to deepen the relevance of members as well as sustain empowerment for human capital development to deliver tools for vision in the next five years. The immediate past Chairman of the association, Mr. Larry Attah, who is the Managing Director of UAC Plc of Nigeria had, while announcing the appointment of Olawale at the 61st Annual General Meeting of NECA, described the new Director General as a capable hand.

5 ) * 4 % ": t TUESDAY, JANUARY 8, 2019

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T H I S D AY ˾ TUESDAY JANUARY 8, 2019

PROPERTY & ENVIRONMENT Nigerian’s Producer Responsibility Organisations to Help Curb Environmental Pollution Nigeria has a policy designed to make manufacturers of consumer goods take responsibility for their products’ life cycle, from shelf to post-consumption, to ensure they do not constitute danger to the environment. Presently, there are Producer Responsibility Organisations (PROs) in the country, established to comply with the Extended Producer Responsibility (EPR) policy of the Federal Government, which transfers significant responsibility to producers for the entire life-cycle of their products, especially at the post-consumer stages. Bennett Oghifo reports

I

t is the responsibility of a company to ensure safe disposal of its products at endof-life, according to a policy of the Federal Government. An effective enforcement of this policy will curb environmental pollution to a large extent, particularly removing non-biodegradable containers, packages and consumables made of plastics, unserviceable computers and their accessories, to name a few, from the nation’s streets and waterways. Now, as a proactive measure, the Federal Government has introduced Producer Responsibility Organisations (PROs) to comply with the Extended Producer Responsibility (EPR) policy, which transfers significant responsibility to producers for the entire life-cycle of their products especially at the post-consumer stages. The need for PROs All sides of residential apartments – the drains, the highways, corners of major or minor streets and undeveloped plots of land, waterways – have all become waste dumps for many households as evident in Nigerian cities and towns. Many states government spend a good percentage of their funds on domestic waste management, but their efforts are dwarfed by the population they cater for. Lagos State alone generates over 13,000 tonnes of waste every day while its management infrastructure remains the fundamental sustenance in its economic development. However, lack of an effective collection and disposal process has contributed significantly to environmental epidemics in the state, such as flooding which has worsened in recent times. This ugly phenomenon does not appear to be due to lack of legislative framework but failure on the part of organisations to extend the producers responsibility for their products beyond the point of sale until endof-product-life through producer responsibility organisations (PROs). Among these PROs are the Food and Bever-

age Recycling Alliance (FBRA) for food and beverage companies; the Recycling and Economic Development Initiative of Nigeria (REDIN), which is focused on clean energy; and the Alliance for Responsible Battery Recyclers (ARBR) for renewable energy companies. And their efforts have been acknowledged by relevant government agencies and stakeholders. At the 12th National Stakeholders’ Forum of the National Environmental Standards and Regulations Enforcement Agency (NESREA), held in Abuja, recently, the Director General, Dr. Lawrence Anukam said there is strong commitment by the food and beverage and renewable energy companies in curbing waste generated from their products. He said the steps taken by FBRA are quite commendable and that other sectors should follow suit by working together as a PRO. Founded in 2013, FBRA is made up of responsible forwardthinking companies with shared concern for the environment. These include Nigerian Bottling Company Limited/CocaCola Nigeria Limited; Nigerian Breweries Plc; Seven-Up Bottling Company Limited; Nestle Nigeria Plc and Guinness Nigeria Plc. NESREA’s Forum with the theme, Circular Economy and Environmental Governance, provided a platform for in-depth discussion and array of issues focusing on Circular Economy and Environmental Governance, as well as critical factor in attaining sustainable development in the national development plan. It also enabled stakeholders highlight waste-to-wealth initiatives, review progress in the implementation of the EPR programme, strengthen policies and regulations to enable the recycling of food grade packaging waste materials by establishing national standards for recycled polyethylene terephthalate (PET) and determine how PROs can support in waste management for a healthy environment, recycling roles, among others.

L-R: Chairman, Food and Beverage Recycling Alliance (FBRA), Sade Morgan; Director General and Chief Executive Officer, National Environmental Standards and Regulations Enforcement Agency (NESREA), Dr. Lawrence Anukam; Technical Lead, FBRA, Nwamaka Onyemelukwe; and Vice Chairman, FBRA, Adekunle Olusuyi, at the opening ceremony of the two-day NESREA 12th National Stakeholders’ Forum, held at the Nicon Luxury Hotel, Abuja… recently

While clarifying the need for a circular economy, President of Waste Management Society of Nigeria (WAMASON), Prof. Oladele Osinbajo told the gathering that the group promotes the extension of product life, reconditioning of used products, reduction in waste, a shift from selling products to selling services and more localisation of economic activity. He said it improves waste collection and recycling performance, strengthens the repair and refurbishing sector amongst others. Osinbajo commended FBRA for its enormous role in environmental conservation through its enlightenment campaign, mopping up of postconsumer PET waste and recycling initiatives. He said they are indication of the Alliance’s compliance to the EPR policy of the federal government. On his part, FBRA Vice Chairman, Adekunle Olusuyi emphasised that the non-profit organisation is helping to build a sustainable healthy environment that leads to business growth. He said it has been intensifying awareness on separation of waste and environmental pollution, especially on PET bottles which can further be recycled to other useful products. “We are looking at the

entire packaging lifecycle – from how bottles and cans are designed and made, to how they are recycled and repurposed. We want to reduce the waste we generate as much as possible, encourage recycling, and our initiatives in this regard has been well tailored in achieving tangible results along with our partners,” he explained. And as part of its advocacy, Olusuyi urged other companies in the food and beverage sector to be part of the Alliance which has sworn in its resolve to protect the environment and help make the world packaging problem a thing of the past. “With an estimated annual population growth rate of 2.6 percent, there is increase in the level of consumption which has translated to rise in the volume of waste generation that needs to be well tackled.” This formed the basis for partnership with Lagos State in mopping PET bottles from the waterways an initiative that received accolades from the Commissioner of Transportation, Ladi Lawanson. FBRA also embarked on a cleaning exercise at the Arena Market in Oshodi, Lagos, in commemoration of the World Cleanup Day. It demonstrated this

on September 14, the eve of the 2018 World Cleanup Day, for a better trading condition and as exemplary conduct that should be emulated. Organised by volunteered staff of FBRA member-firms and RecyclePoints, its collection partner, the intervention was used as enlightenment drive on crucial issues relating to proper disposal and separation of plastic from food and beverage packaging waste, recycling, healthy lifestyle and other measures aimed at curbing environmental pollution. Global outlook Environmental pollution has turned out to be an issue of global concern because of its adverse effect on human beings, aquatic lives and the society. It is one of the greatest challenges being faced today by man and the natural environment. Water pollution, one of the major types of environmental hazards experienced today, is a consequence of industrial wastes in water sources. These could be domestic waste, industrial effluents, agricultural waste, marine dumps and radioactive waste, and are evident in rivers, lakes, streams and oceans. However, the common ocean pollutant that has

caused serious concern to users is the huge plastic accumulation that has grown over the years, which has increased considerably over the last 70 years. According to Plastic Oceans Foundation, a non-profit organisation specialising in tackling plastic pollution and its effects, 300 million tonnes of plastic is produced globally every year. Half of that figure is used for disposable items and more than 8,000,000 tonnes discarded ends up in the oceans annually. While plastic waste endangers human and aquatic lives, air pollution is also quite terrifying. It could be in the form of emission of harmful chemical gases such as carbon monoxide or soot into the air. It could also be in the form of disturbances to the normal composition of the air such that there is an undesired effect on the environment or living things. Its major causes are associated with pollution from automobiles, fossil fuel emissions and other materials in oil refineries, from power plants which burn coal as fuel, as well as the incinerators. The result is a toxic gas which now surrounds our once pristine planet. Land pollution, which is major fallout of industrialisation, also constitutes a huge menace.

29

T H I S D AY ˾ TUESDAY JANUARY 8, 2019

PROPERTY & ENVIRONMENT

CSE Declares Katowice Outcome a Failure Bennett Oghifo The Centre for Science and Environment (CSE), a leading research and advocacy think tank based in New Delhi, India has described as failure the climate agreement reached in Katowice, Poland, at the weekend. The agreed ‘Katowice Climate Package’ is designed to operationalise the climate change regime contained in the Paris Agreement. Under the auspices of the United Nations Climate Change Secretariat, it will promote international cooperation and encourage greater ambition. The guidelines will promote trust among nations that all countries are playing their part in addressing the challenge of climate change. Regardless, CSE said in a statement titled ‘The Katowice collapse, a decision that wasn’t’ that “Its decision and the Paris Rulebook agreed here are unambitious, anti-science and dilute the Paris Agreement.” The research and advocacy think tank, which has been closely tracking the negotiations at the 24thmeeting of the Conference of Parties (COP), stated, “It is a weak Rulebook that we have got for implementation of the Paris Agreement. This Rulebook is completely insufficient to drive ambitious climate action.” The group said the Katowice COP also failed to increase ambition of countries to cut the emissions of greenhouse gases as per the findings of the IPCC’s Special Report on 1.5oC. “The refusal of the CoP to take the IPCC report seriously undermines the Paris Agreement.” Chandra Bhushan, Deputy Director General, CSE said, “The Katowice CoP will be remembered as an anti-science CoP for its failure to take into

account the findings of the IPCC’s Special Report on 1.5oC. It will also be remembered for coming out with a Rulebook that dilutes an already weak Paris Agreement, thereby undermining the global effort to combat climate change”. A weak Rulebook Provision of finance by developed countries: In the Paris Agreement, developed countries had agreed to a financial commitment of US $100 billion each year by 2020. Currently, only around half of this commitment is being met. The Rulebook had to define what all will constitute ‘finance’, and how it will be reported and reviewed. But at Katowice, rules on financial contributions by developed countries have been diluted. Firstly, developed countries have the choice to include all kinds of financial instruments, concessional and non-concessional loans, grants, aids etc, from various public and private sources, to meet their commitments. Secondly, the rules on ex-ante financial reporting and its review for adequacy has been significantly weakened. Put together, these two dilutions will make it very difficult to hold developed countries accountable. “Developed countries now have the freedom to decide the amount and the kind of financial resources they want to give to the developing countries and do this without any strong mechanism of accountability. The idea of ‘new and additional’ financial support from developed to the developing countries to mitigate and adapt to climate change is now a mirage”, said Bhushan. Loss and damage: Loss and damage has largely been excluded from the Paris Rulebook. It is conspicuously missing from the section on finance. The Warsaw

L-R: Head, Business Development and Marketing, Pazino Homes and Gardens, Ms. Abe Soyemi; Mr. Sunday; MD/CEO of Pazino Homes and Gardens, Mr Patrick Agbaza; Ms Jennifer Ikpea; Ms Joy Akwu and Miss Christy, all December birthday celebrants at the company’s end of year party in Lagos...recently

International Mechanism, which has to deal with averting, minimizing and addressing lossand damage associated with the adverse effects of climate change, has no financial resources to support vulnerable countries. “With no financial provisions, it clear that the countries are now left on their own to address the impacts of climate change,” said VijetaRattani, Programme Manager, Climate Change, CSE. Global stocktake: Global stocktake (GST) was one of the top-down elements in the Paris Agreement to increase ambition of countries. It was supposed to measure global progress and identify the barriers to mitigation

and adaptation, in light of equity and science. However, the GST Rulebook has been watered down into a non-policy prescriptive process. That is, this process will neither give any recommendation to individual countries or a group of countries, nor will it give any prescriptive policy to everyone. The result is that a lot of technical information will be collected without any clear recommendation to increase ambition on mitigation or finance. “Under the Paris Agreement, GST was the main mechanism to raise ambition. With the nature of GST outcome being non-prescriptive in the Rulebook, the purpose of GST has now

been largely watered down. Also, equity has been mentioned in the text, but there is no mechanism to operationalize it,”saidVijetaRattani, Programme Manager, Climate Change, CSE. Reporting and transparency: The Paris Agreement is built around countries reporting their progress on Nationally Determined Contributions (NDCs). Under the Rulebook, a detailed requirement has been set for reporting on mitigation, adaptation, impacts and finance. A certain flexibility has been provided to the developing countries, which have lower capacity to collect and analyse information, to provide less

rigorous information. Developing countries will have to provide ‘self-determined’ timeframes for improving the quality and quantity of reporting. It is to be noted that emerging economies like India had already informed that they would not need flexibility and would report in a manner similar to those followed by the developed countries. Carbon market is the king: The Katowice CoP was extended for a day because countries had disagreements over the details of the carbon market mechanism. Market mechanism has emerged as the most important element of the Paris agreement.

introduced and streamlined to accelerate the implementation of the programme and achieve this landmark. The new and improved processes and procedures are properly documented and explained in the three handbooks and the website,” Oyo-Ita said. The HoS stressed that the off-takers of these estates had been profiled, their loans paid and some of them had already

moved in and are living in their houses. She also disclosed that in the next phase of implementation, FISH Estate Kuje 3 comprising 97 bungalows would be commissioned in addition to FISH Karu comprising 20 units of bungalows. She added that the beneficiaries of the Karu estate were already in possession of their keys.

FG Delivers I51 Housing Units in FISH Estate Olawale Ajimotokan and Tayo Olaleye in Abuja The federal government has inaugurated 151 housing units in the first phase of the Federal Integrated Staff Housing (FISH) estates in Abuja. The Head of the Civil Service of the Federation (HoS), Mrs. Winifred Oyo-Ita unveiled the houses in Kuje, a suburb of Abuja

in response to the housing needs of civil servants. Keys to the houses were presented to 32 beneficiaries of the FISH programme. The Kuje 1 houses comprise blocks of flats of 65 units, constructed by CTQ Nigeria Limited built with loans provided by the Federal Government Staff Housing Loans Board. The FISH Estate Kuje 2 has 86

units of 2 bedroom bungalows constructed and financed by the Federal Mortgage Bank of Nigeria. Oyo- Ita said the programme is expected to address the housing needs of civil servants who are unable to own houses due to the prohibitive cost of land acquisition, building or purchasing of such houses. “The overall objective of

the FISH programme is to improve the quality of life of civil servants and their families which we believe will help foster a multiplier effect on the economy and reduce corruption in the public service, in line with the federal government’s anti-corruption drive. The FISH department has been restructured, staff deployed trained and processes and procedures

Okwa Grabs Apartment in ‘Win a Home Lottery’

FBRA Affirms Recycling is Crucial to Environmental Preservation

Tayo Olaleye in Abuja

The Food and Beverage Recycling Alliance (FBRA) has emphasised that recycling of waste, especially those of food and beverage packaging is vital in environmental preservation, as the value chain in the recycling process leads to job and wealth creation. According to FBRA Vice Chairman, Adekunle Olusuyi, who spoke at the two-day 12th National Stakeholders’ Forum of the National Environmental Standards and Regulations Enforcement Agency (NESREA) in Abuja , the Alliance has been intensifying awareness on separation of waste and environmental pollution, especially on post-consumer polyethylene terephthalate (PET) bottles which can further be recycled to other useful products.

Winner of the Win a Home Lottery in Abuja, Mrs Eyare Nola Okwa has received the key to a furnished two- bedroom apartment, situated within the Efab Global Estate, Mbora District in Abuja. The Winner, who currently resides in a rented apartment in Lugbe, a sub-urban area in Abuja, expressed joy at becoming a house owner, saying: “ I have always wished to own a home personally, so it worked in place for me. I was excited when I saw the house. I know about house lotteries but not a furnished one. That I think will also be the issue with a lot of Nigerians , that “whole furnished” thing will make a

lot of people not believe. Some people had to personally chat with me to be sure it is real. I don’t know how else to explain to Nigerians but I don’t blame them, it is the way the country is, but on the contrary there are still very good people and firms in the country,” Eyare, a graduate of computer engineering said. She disclosed she had played randomly on different days with N1,000 and played 15 times in making a total of N15,000. The mega prize building, worth N25 million, according to the Managing Director, Win a Home Lottery, Mr Abdul Ibrahim, is the company’s way of giving back to the society in which they operate and the desire to meet the housing difficulties the city is faced with.

Olusuyi, who attended the forum with other FBRA members, explained that FBRA participation in the summit was in line with the Alliance’s commitment to the Extended Producer Responsibility (EPR) policy of government, to help build a sustainable healthy environment that leads to business growth. “We are looking at the entire packaging lifecycle – from how bottles and cans are designed and made, to how they are recycled and repurposed. We want to reduce the waste we generate as much as possible, encourage recycling, and our initiatives in this regard has been well tailored in achieving tangible results along with our partners,” he stated. The stakeholders’ forum, which had the theme, Circular

Economy and Environmental Governance, provided a platform for an in-depth discussion and array of issues focusing on circular economy and environmental governance, as well as critical factor in attaining sustainable development in the national development plan. It also enabled stakeholders highlight waste-to-wealth initiatives, review progress in the implementation of the EPR programme, strengthen policies and regulations to enable the recycling of food grade packaging waste materials by establishing a national standards for recycled PET and determine how Producer Responsibility Organisations (PRO) can support in waste management for a healthy environment, recycling roles, among others.

The FBRA vice chairman avowed that in a circular economy, proper waste management which involves different stages leads to job and wealth creation along the value chain. According to Olusuyi, recent survey indicates that the volume of post-consumer PET waste is over 800,000 tonnes which requires participation of all stakeholders at the different stages to drive a robust circular economy. “The various roles in waste management starts from waste separation, collection which our partner, RecyclePoints takes care of, to separation, transportation, shredding at the recycling plants, production of other products and re-use. At these stages, different jobs are created, whether directly or indirectly,” Olusuyi explained.

30

T U E S DAY Ëž JANUARY 8, 2019

BUSINESS/MONEYGUIDE

W’Bank President to Step Down February 1 Obinna Chima The President of the World Bank Group, Jim Yong Kim, yesterday announced that he will be stepping down from his position after more than six years in the saddle, on February 1, 2019. World Bank Chief Executive Officer, Kristalina Georgieva, would assume the role of interim President effective February 1. The Bank disclosed this in a statement last night. “It has been a great honor to serve as President of this remarkable institution, full of passionate individuals dedicated to the mission of ending extreme poverty in our lifetime,� said Kim.He added: “The work of the World Bank Group is more important now than ever as the aspirations of the poor rise all over the world, and problems like climate change, pandemics, famine and refugees continue to grow in both their scale and complexity. Serving as President and helping position the institution squarely in the middle of all these challenges has been a great privilege.� Under Kim’s leadership, and with the backing of the Bank Group’s 189 member countries, the institution in 2012 established two goals: to

end extreme poverty by 2030; and to boost shared prosperity, focusing on the bottom 40 percent of the population in developing countries. These goals now guide and inform the institution in its daily work around the globe. In addition, shareholders strongly supported measures to ensure that the Bank Group be even better positioned to respond to the development needs of clients. The statement showed that under Kim, the Bank Group’s fund for the poorest, IDA, achieved two successive, record replenishments, which enabled the institution to increase its work in areas suffering from fragility, conflict, and violence. “In April 2018, the Bank Group’s Governors overwhelmingly approved a historic USD$13 billion capital increase for IBRD and IFC that will allow the Bank Group to support countries in reaching their development goals while responding to crises such as climate change, pandemics, fragility, and underinvestment in human capital around the world. “Over the past six years, the institutions of the World Bank Group have provided financing at levels never seen outside of a financial crisis. Recognising

the power of capital markets to transform development finance, the Bank Group during Kim’s tenure also launched several new innovative financial instruments, including facilities to address infrastructure needs, prevent pandemics, and help the millions of people forcibly displaced from their homes by climate shocks, conflict, and violence. “The Bank is also working with the United Nations and leading technology companies to implement the Famine Action Mechanism, to detect warning signs earlier and prevent famines before they begin,� the statement added. Furthermore, it stated that during his term, Kim emphasised that one of the greatest needs in the developing world was infrastructure finance, and he pushed the Bank Group to maximise finance for development by working with a new cadre of private sector partners committed to building sustainable, climate-smart infrastructure in developing countries. “To that end, Kim has announced that, immediately after his departure, he will join a firm and focus on increasing infrastructure investments in developing countries. The details of this new position will be announced shortly.

Oyo-Ita Hails FMBN’s Rent-toOwn Scheme The Head of Service of the Federation (HOSF), Mrs. Winifred Oyo-Ita, has commended the Federal Mortgage Bank of Nigeria (FMBN) for developing and introducing the rent-toown housing scheme to ease the financial burden of home ownership among Nigerian workers. The initiative is also expected to increase access to affordable housing. Oyo-Ita, according to a statement by the Group Head, Corporate Communications, FMBN, Mrs. Zubaida Umar, made the commendation at the public presentation of the Federal Integrated Staff Housing (FISH) Handbooks on processes and procedures of the programme for both civil and public servants and the new corporate website at the in Abuja recently. She said the FMBN’s rent-toown housing product provides a fantastic payment option for civil servants by making it possible for them to move into their homes and pay conveniently over long periods with monthly rent. She added that houses that are being built and commissioned under the FISH programme would be allocated using the rent-to-own scheme.

The new housing product makes it possible for workers to move into their homes and pay conveniently via monthly or yearly rentals over a 30-year period maximum at nine per cent interest rate. Another key feature of the product is the elimination of the need for equity payment and other costs associated with a typical mortgage transaction. All completed and ongoing FMBN funded estates in over 20 states are eligible for the rentto-own scheme for contributors to the National Housing Fund (NHF). Also, Oyo-Ita commended the Managing Director/Chief Executive Officer of FMBN, Arc. Ahmed Musa Dangiwa, for his commitment to the FISH programme, a scheme established to facilitate the provision of quality and affordable housing for federal civil servants through strategic partnerships with government agencies and private real estate developers. Additionally, she noted that the office of the Head of Service’s strategic funding partnership with the FMBN for the provision of off-taker support finance in the form of loans and mortgage finance to civil servants for the purchase of houses offloaded

on the programme at single digit rates. The FMBN’s flagship contribution to the FISH programme includes the ABSI FMBN funded estate in Kuje 2, which comprises 83 housing units of 2-bedrooms apartments. The estate was commissioned in December 2018 and keys to the 83 housing units were given to the Head of Service of the Federation for handover to beneficiaries. In his comments at the event, Dangiwa expressed delight at FMBN’s association with the FISH programme. He said: “In our own way at FMBN, we are actively committed to seeing to the success of the FISH programme through the provision of mortgage loans from the National Housing Fund (NHF) scheme and the offer of some of our completed estates for the take-off of the programme. “We have also enhanced the mortgage affordability level of Nigerian workers by eliminating the need for down-payment for mortgage loans of N5 million and below and a reduction to 10 per cent flat rate for loans above N5 million to N15 million from the initial 20 per cent and 30 per cent�.

DMO Commences 2019 Savings Bonds Issuance The Debt Management Office (DMO) has commenced the 2019 savings bonds sales by offering for subscription two-year savings bond at 12.12 per cent and three-year savings bond at 13.12 per cent. According to the offer circular obtained from the DMO website on Monday, the two-year bond will be due in Jan. 2021, while the three-year bond will be due in Jan. 2022.

It, however, did not state how much was offered, but added that the maximum subscription was N50 million at N1, 000 per unit, subject to minimum subscription of N5, 000 and in multiples of N1,000. The News Agency of Nigeria (NAN) quoted the DMO to have stated that the bond was fully backed by the full faith and credit of the federal government, with quarterly coupon payments

to bondholders. The savings bond issuance is expected to help finance the nation’s budget deficit. It is also part of the federal government’s programme targeted at the lower income earners to encourage savings and also earn more interest, compared to their savings accounts with banks. The circular also said that the offer would close on Friday.

Kim

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2018 Broad Money (M2)

24,303,049.86

-- Narrow Money (M1)

10,912,604.10

---- Currency Outside Banks

1,668,378.21

---- Demand Deposits

9,244,225.90

-- Quasi Money

13,390,445.76

Net Foreign Assets (NFA)

15,619,134.18

Net Domestic Assets(NDA)

8,683,915.68

-- Net Domestic Credit (NDC)

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ Ă‹ĂžĂ? Ě‹ ͯ͹Ϲ

OPEC DAILY BASKET PRICE AS AT FRIDAY, 4 JANUARY 2019

The price of OPEC basket of fourteen crudes stood at $55.14 a barrel on Friday, compared with $52.95 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), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

31

T U E S DAY ˾ JANUARY 8, 2019

MARKET NEWS

Equities Market Sheds N89 Billion as 24 Stocks LoseValue Goddy Egene The stock market continued its bearish trend as the Nigerian Stock Exchange (NSE) All-Share Index fell 0.78 per cent to close lower at 30,400.28 yesterday. Similarly, the market capitalisation shed N89 billion to close at N11.3 trillion, following losses by 24 equities as against the gain by only 14 stocks. Although notable stocks such as Nestle Nigeria Plc, Zenith

Bank Plc, Forte Oil Plc were among the losers, NEM Insurance Plc and Resort Savings and Loans Plc led the bears with 10 per cent apiece. MRS Oil Nigeria Plc and UAC of Nigeria Plc went down by 9.9 per cent, just as Flour Mills of Nigeria Plc and Ikeja Hotel Plc shed 9.8 per cent 9.0 per cent in that order among others. Commenting on the market performance, analysts at Cordros Capital Limited reiterated

P R I C E S MAIN BOARD

F O R

DEALS

their negative outlook for the market in the short to medium term, amidst political concerns ahead of the 2019 elections, and the absence of a positive market trigger. “However, positive macroeconomic fundamentals remain supportive of recovery in the long term,” they said. Meanwhile, Diamond Bank Plc returning to its gaining streak after a short period of profit taking by investors. The stock

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

led the price gainers with 10 per cent. Also, WAPIC Insurance Plc went up by 10 per cent, just as A.G Leventis Plc added 7.4 per cent. Diamond Bank Plc has become investors’ toast since the announcement of its merger with Access Bank Plc. Some market analysts said the deal favours Diamond Bank and investors having buying the shares as way of entering Access Bank Plc, which shares

T R A D E D MAIN BOARD

A S

are higher in price. The Chief Executive Officer of Diamond Bank, Uzoma Dozie, had the combination with Access Bank would create one of Africa’s leading financial institutions. He said: “There is clear strategic rationale for the proposed merger and strong complementarities between the two institutions. While Diamond Bank has pioneered Nigeria’s largest technology led retail bank-

ing platform, Access Bank is one of Nigeria’s leading full-service commercial banks. Consolidation in the Nigerian banking industry is an inevitable, natural progression in a sector where the gap between Tier 1 and Tier 2 banks has been widening and scale has become critical; where technology will disrupt the traditional business model while enabling broader financial inclusion.

O F 0 3 / 0 1 / 2 0 1 9 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

˾ TUESDAY, JANUARY 8, 2019

32

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33

MARKET NEWS

SAHCO to Expand, Assures Investors of Regular Dividend Payment Goddy Egene Skyway Aviation Handling Company (SAHCO) Plc is to consolidate its leading position in the Nigerian aviation handling industry with expansion into other West African countries as part of efforts to ensure longterm values for shareholders. The company has also assured investors that it would provide good returns to shareholders. The company said it would ride on the back of the success of its ongoing initial public offering

(IPO) to further push its vision of becoming the leading provider of aviation handling services in the West African region. SAHCO is offering 406.074 million ordinary shares of 50 kobo each through an IPO at N4.65 per share. Minimum subscription to the IPO is 500 shares and thereafter in multiple of 100 shares. This implies that any Nigerian with N2, 325 will be able to be part of owners of the company, thus realising one of the objectives of privatisation

A Mutual fund (Unit Trust) is an investment vehicle managed by a SEC (Securities and Exchange Commission) registered Fund Manager. Investors with similar objectives buy units of the Fund so that the Fund Manager can buy securities that willl generate their desired return. An ETF (Exchange Traded Fund) is a type of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, etc.) and divides ownership of those assets into shares. Investors can buy these â&#x20AC;&#x2DC;sharesâ&#x20AC;&#x2122; on the

of creating and distributing wealth to Nigerians. Chairman,SAHCO Plc, Taiwo Afolabi, said the companyâ&#x20AC;&#x2122;s future strategy is to create long term shareholder value through the profitable operation and expansion of its business into other West African markets with a vision to become the leading provider of passenger, ramp and cargo handling services in the West African region. â&#x20AC;&#x153;In order to achieve this objective, SAHCO seeks to pursue growth and opportunities

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 0401-2019, unless otherwise stated.

consistent with its business operations by focusing on operational excellence and efficiency, enhanced service delivery, strategic partnerships and alliances that would enhance its capability both in the domestic market and globally as well as strategic investments among others,â&#x20AC;? Afolabi said. He noted that the since its privatisation, SAHCO has grown consistently over the years from a turnover of N2.31 billion and total assets of N3.33 billion in 2009 to an annual turnover of

N4.86 billion and total assets of N14.54 billion in 2017. According to him, following the implementation of a number of turnaround initiatives postprivatisation, SAHCO has built strong competence as one of the leading aviation ground handling companies in Nigeria growing its market share from 21 per cent in 2009 to more than 40 per cent in 2017. â&#x20AC;&#x153;This growth has been largely driven by SAHCOâ&#x20AC;&#x2122;s deliberate strategy to deepen its technical capacity required for the sector

with significant investment in personnel development, purchase of modern equipment, infrastructural development and customer services, which has helped reposition the company to meet the expectations and needs of its clientele,â&#x20AC;? Afolabi said. He said the IPO opens up opportunities for Nigerians across the federation to be part of the privatization success noting that SAHCO is the leader in aviation cargo and Nigeriaâ&#x20AC;&#x2122;s only ground handling company with affiliation with maritime cargo.

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 155.11 156.67 -12.46% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 278.24 280.08 18.48% 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 0.04% ACAP Income Funds 0.61 0.61 7.72% AIICO CAPITAL LTD ammf@aiicocapital.com Web: www.aiicocapital.com, Tel: +234-1-2792974 Fund Name Bid Price Offer Price Yield / T-Rtn AIICO Money Market Fund 100.00 100.00 13.13% AIICO Balanced Fund 2.22 2.24 -0.24% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 13.91% Paramount Equity Fund 11.45 11.74 -2.23% Women's Investment Fund 100.28 102.85 -2.23% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 12.98% Cordros Milestone Fund 2023 95.27 95.54 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 12.42% Coronation Balanced Fund 0.83 0.84 Coronation Fixed Income Fund 1.12 1.12 0.32% 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 12.26% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.68% 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 1,185.68 1,186.44 0.00% FBN Heritage Fund 141.98 143.18 -1.00% FBN Money Market Fund 100.00 100.00 13.22% FBN Nigeria Eurobond (USD) Fund - Institutional $114.09 $114.60 4.57% FBN Nigeria Eurobond (USD) Fund - Retail $113.80 $114.30 4.43% FBN Nigeria Smart Beta Equity Fund 0.00 0.00 0.00% 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 1.19 1.21 -2.13% Legacy Debt Fund 3.25 3.25 0.12% Legacy USD Bond Fund 1.03 1.03 0.05% 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 2,958.64 2,988.05 -0.90% Coral Income Fund 2,764.01 2,764.01 12.90% 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 12.57% Nigeria Entertainment Fund 106.82 107.10 6.68% 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 13.56%

Vantage Balanced Fund 2.15 2.17 1.73% Vantage Guaranteed Income Fund 1.00 1.00 15.45% Kedari Investment Fund (KIF) 124.92 125.11 8.53% 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 -0.16% Lotus Halal Fixed Income Fund 1,099.89 1,099.89 0.15% 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 11.12 11.20 5.31% Meristem Money Market Fund 10.00 10.00 12.50% 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 4.26% PACAM Fixed Income Fund 12.23 12.27 0.10% PACAM Money Market Fund 10.00 10.00 14.39% 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 119.60 120.13 -0.95% 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 1.71 1.71 15.24% 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 2,314.05 2,328.16 2.17% Stanbic IBTC Bond Fund 190.32 190.32 1.41% Stanbic IBTC Ethical Fund 0.94 0.95 -0.53% Stanbic IBTC Guaranteed Investment Fund 247.30 247.34 2.08% Stanbic IBTC Iman Fund 163.57 165.43 0.27% Stanbic IBTC Money Market Fund 100.00 100.00 12.53% Stanbic IBTC Nigerian Equity Fund 8,445.98 8,548.50 1.26% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 2.78% 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 1.19 1.20 -0.59% United Capital Bond Fund 1.60 1.60 0.22% United Capital Equity Fund 0.70 0.71 -2.10% United Capital Money Market Fund 1.00 1.00 13.20% United Capital Eurobond Fund 107.34 107.34 0.08% United Capital Wealth for Women Fund 1.08 1.08 -1.45% 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 11.06 11.21 4.38% Zenith Ethical Fund 12.42 12.54 3.46% Zenith Income Fund 20.83 20.83 8.21% Zenith Money Market Fund 1.00 1.00 12.42%

REITS NAV Per Share

Yield / T-Rtn

6.60 140.00 51.74

-32.85% 5.69% 1.79%

Bid Price

Offer Price

Yield / T-Rtn

10.41 114.54 87.02

10.51 116.80 88.64

-1.33% -2.43% -1.85%

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

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3.85 7.27 14.39 11.72 143.82

3.89 7.35 14.49 11.92 145.82

-18.69% -23.96% -17.53% -40.19% 6.85%

NAV Per Share

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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 managerâ&#x20AC;&#x2122;s website and FMANâ&#x20AC;&#x2122;s website at www.fman.com.ng. Fund prices are supplied by the operator of the relevant fund and are published for information purposes only.

TUESDAY JANUARY 8, 2019 ˾ T H I S D AY

34

INTERNA TIONAL

Gabon Rebel Chief Caught, Two Killed in Failed Coup African Union condemns action

The chief military rebel who led a failed coup in Gabon yesterday has been arrested and two of his commandos killed after they stormed a public radio station, the presidency said. A group of soldiers attempted to take power and called in a radio appeal for a popular uprising against

ailing President Ali Bongo, who is abroad recovering from a stroke. Security forces stormed the radio station in the capital Libreville to take it back, killing two rebel troops, arresting their leader and freeing journalists who had been forced to help rebels make their appeal.

Trump to Visit US-Mexico Border Thursday President Donald Trump will visit the US-Mexican border this week, his spokeswoman said on Monday, in the latest bid to pressure Congress over border wall negotiations that have led to a partial government shutdown. He will “travel to the Southern border on Thursday to meet with those on the front lines of the national security and humanitarian crisis,” Sarah Sanders said in a tweet. There was no further information on where Trump would travel. The visit was announced as the White House and Democrats controlling the lower house of Congress refused to cede significant ground in what has become one of the biggest

political challenges of Trump’s turbulent presidency. Trump is demanding more than $5 billion to fund construction of what he calls a “wall” to stop illegal immigrants. Democrats have dismissed the project as a political stunt. In retaliation, Trump has refused to sign a wider spending package — leaving swaths of the government without funding and hundreds of thousands of employees facing delays in their paychecks. The standoff has morphed from a debate over how to stem illegal immigration to a powerplay between the president and a Democratic Party enjoying control of the House of Representatives.

“The situation is under control,” the presidency statement said. Six rebel troops earlier Monday burst into the state radio broadcasting station, “neutralising” gendarmes in front of the building before making their broadcast, it said. Officials earlier said five rebels had entered the

building and four had been arrested. The message was read by a person who identified himself as Lieutenant Ondo Obiang Kelly, the deputy commander of the Republican Guard and head of a previously unknown group, the Patriotic Youth Movement of the Gabonese Defence and Security Forces.

He said a “national restoration council” would be formed in the former French colony “to guarantee a democratic transition for the Gabonese people”. Bongo is staying at a private residence in the Moroccan capital Rabat after suffering a stroke. He made a televised speech on New Year’s Eve

but has not been in the West African country since October. Meanwhile, African Union chief, Moussa Faki Mahamat, has strongly condemned an attempted coup by rebel soldiers. “The African Union strongly condemns the coup attempt this morning in Gabon.

Regional Party Quits India’s Ruling Coalition A small regional party in India quit Prime Minister Narendra Modi’s ruling coalition on Monday. The decision was in protest against the prime minister’s bid to give citizenship to hundreds of thousands of nonMuslims from neighbouring countries such as Bangladesh. Modi said last week his government was determined to pass a bill in parliament to relax rules for Hindus and other non-Muslim minorities from Bangladesh, Pakistan and Afghanistan to become citizens of Hindu-majority India. Critics have called the bill, to be discussed in parliament on Tuesday, an attempt by Modi’s Hindu nationalist Bharatiya Janata Party (BJP) to boost its Hindu voter base ahead of a national election due by May.

The Asom Gana Parishad (AGP), based in the border state of Assam in India’s northeast, has become the fourth ally to quit the ruling National Democratic Alliance in the past year, for a variety of reasons. Protests have erupted in recent months and on Monday in Assam, where a movement against illegal immigrants of all religions, from Bangladesh has simmered for decades. Some residents blamed the migrants for eating into their resources and job opportunities. It is estimated that millions of Bengali-speaking people in Assam trace their roots to Muslim-majority Bangladesh, which won independence from Pakistan in 1971 with India’s help. “The home minister clearly

told us they will try to get this bill passed tomorrow, so there’s no question us staying with the BJP anymore,” AGP President Atul Bora told reporters in New Delhi. The BJP has the numbers in the Assam assembly to stay in power in the state despite the AGP pullout. However, the regional party could help galvanise anger amongst many ethnic Assamese opposed to giving citizenship to migrants who came to India after 1971. That could hurt the BJP’s goal of sharply increasing its parliamentary seats from the northeast region of the country in the national election. At least two of the parties that have left the BJP fold have already largely agreed to ally with the main opposition Congress, which hopes to take

on Modi as a united front. The Congress coalition said the citizenship should not discriminate against Muslims. The BJP said it was in favour of institutionalist “constitutional, legislative and administrative safeguards” to the ethnic Assamese. The BJP also wants to give citizenship to Hindus from Bangladesh as the growth in the Hindu population of Assam had been overtaken by that of Muslims. “We’re trying to save Assam from Jinnah,” BJP leader and Assam minister Himanta Biswa Sarma said, referring to Pakistan founder Muhammad Ali Jinnah. Jinnah was instrumental in carving Muslim-dominated Pakistan out of India after winning independence from British colonial rule in 1947.

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

OPEC Cuts, Stable Equity Markets Push Oil Price to $58 Ejiofor Alike withagencyreports Crude oil prices climbed for a fifth session in a row to hit $58 yesterday, rallying from last

December 2018’s 18-month low, thanks to the production cuts by the Organisation of Petroleum Exporting Countries (OPEC) and more stable equity markets.

Buratai in Battlefield, Military Launches Offensive against ISWAP, Terrorists Boko Haram captures Borno village Kingsley Nwezeh in Abuja The Chief of Army Staff (COAS), Lt. General Yusuf Buratai, was at the battlefield to provide direction and boost the morale of fighting soldiers as the military launched air and ground offensive against terrorists in Borno State yesterday. However, as the military intensifies attacks against the terrorists, suspected Boko Haram insurgents have attacked Auno village in Borno town, and dislodged the civil authorities in the area. The 120 Battalion of the newly formed Nigerian Army Special Forces Command neutralised 100 terrorists in different battlegrounds on day one of the offensive. The Nigerian Air Force is involved in waves of bombardments, destroying in the process several terrorist gun trucks and facilities. The battlegrounds are Goniri, Yobe State; Damasak, Kross Kauwa and Monguno among other locations in Borno State. “The gallant troops have also been repelling attempted efforts by the terrorists to infiltrate their locations. “Buoyed by the COAS presence and motivation, the troops in the frontline are in renewed positive fighting spirit across the theatre to stop incursions and annihilate the terrorists. “The battle has now further

shifted to the fringes of Lake Chad and other suspected Boko Haram terrorists enclave along the borders,” Army Spokesman, Brigadier-General Sani Usman, said. Meanwhile, suspected Boko Haram insurgents have attacked Auno village in Borno town, dislodging civil authorities in the area. The attack occurred early in the yesterday evening, precisely at about 6 p.m, throwing villagers into panic. The Borno State Commissioner of Police, Damian Chukwu, confirmed the incident to Channels Television in a phone conversation, but maintained that the attack has been repelled. Chukwu said the attack might have been a reprisal or a rescue mission as some insurgents were arrested in the same village and handed over to the military who later conveyed them to the 7 Division Headquarters in Maiduguri. The police said the attack could be in revenge with the hope of rescuing their arrested accomplices. It was not clear, if there were any casualties in the part of the civilian population or the attackers. Auno is barely twenty kilometres to Maiduguri, the Borno State capital located at the west along the Maiduguri - Damaturu expressway, the only route linking the state to other parts of the country.

Gunmen Waylay former S’Court Justice, Mamman Nasir, Kidnap Orderly, Driver Former justice of the Supreme Court and president of the Court of Appeal, Justice Mamman Nasir, was yesterday waylaid by gunmen, who took away his orderly and driver. The incident, THISDAY gathered, occurred a few kilometres from Katsina, the capital of Katsina State. It was learnt that the gunmen

had wanted to kidnap the former appellate court president, who is also the district head of Malumfashi and the Galadima of Katsina, but seeing that the 90 year-old man could not walk, abandoned him and took away his two aides. Nasir was travelling from Malumfashi to Katsina when he the incident occurred.

Buhari Apppoints New NFIU Director Omololu Ogunmade in Abuja President Muhammadu Buhari yesterday in Abuja nominated Modibbo Hamman Tukur as a Director of the Nigeria Financial Intelligence Unit (NFIU). Special Adviser to the President on Media and Publicity, Mr. Femi Adesina, in a statement, said Tukur’s appointment was in accordance with the provision of Section 5(1) of the Nigerian Financial Intelligence Unit (NFIU) Act 2018. According to the statement,

the appointment was contained in a letter dated January 7, 2019 and addressed to the Senate President, seeking the confirmation of the nominee by the Upper Chamber of the National Assembly. The statement added that Tukur, who hails from Adamawa State, is a holder of Master of Science (MSc.) degree in International Business. He is currently an Assistant Director in the NFIU, and has vast international experience in illegal assets recovery.

Oil has gained nearly 12 per cent since last Monday, its biggest week-on-week rally since early December 2016. While the global benchmark, Brent crude oil was up $1 at $58.06 per barrel, having touched a session high of $58.90, the United States crude was up 88 cents at $48.84 a barrel. The oil prices are drawing support from an agreed supply cut by OPEC, as well as some non-member countries such as Russia and Oman. OPEC oil supply fell in December 2018 by 460,000 barrels per day (bpd) to 32.68 million bpd, a Reuters survey found last week, led by cuts from top exporter Saudi Arabia. Before the current swing in oil prices, President Donald Trump had taken the credit for driving down oil prices, saying the drop amounted to a tax cut

for Americans. “People see that gasoline (petrol) is way down and the reason it’s way down is because I called up some of the OPEC people,” Trump had reportedly told reporters. “I made calls, I said you better let that oil, that gasoline flow, and they did,” he added However, despite Trump’s intervention, oil has gained nearly 12 per cent since last Monday, its biggest week-on-week rally since early December 2016. OPEC, led by Saudi Arabia, alongside other producers led by Russia, agreed last year to rein in supplies starting from January after oil tumbled from above $86 on worries about surging output. Before OPEC and other producers took a decision to lower output, Trump had made it clear that he did not want oil prices to rise.

Many analysts had thought Saudi Arabia was coming under US pressure to resist calls from other OPEC members for lower crude output. Trump had praised Saudi Arabia for helping to lower oil prices as pressure intensified to impose tougher sanctions on the Middle East ally, following the murder of Saudi journalist, Jamal Khashoggi. Trump had in a tweet thanked Riyadh for the drop and called for prices to go even lower, likening it to “a big tax cut” that could boost the United States and global economies. The aim of the OPEC cuts is to rein in a surge in global supply, driven mostly by the United States, where daily oil production grew by nearly a fifth to over 11 million bpd in 2018. Record high crude oil production has also pushed up United States inventories,

which rose by nearly 17 per cent in 2018 to their highest in well over a year, according to weekly data by the Energy Information Administration (EIA) on Friday. According to agency reports, more upbeat equity markets also offered support. Shares have risen on expectations that trade talks this week between the United States and China will ease a trade dispute. Disruptions to trade undermine prospects for economic growth and oil demand. Goldman Sachs said in a note it had downgraded its average Brent crude oil forecast for 2019 to $62.50 a barrel from $70 due to “the strongest macro headwinds since 2015”. Societe Generale cut its 2019 oil price forecast for Brent by $9 to $64 a barrel and reduced its forecast for U.S. light crude by $9 to $57 a barrel.

GETTING SET…

L-R: National Commissioners, Independent National Electoral Commission, Prof. Okechukwu Ibeanu and Prof. Antonia Okoosi-Simbine; and Chairman, Prof. Mahmood Yakubu, during the commission’s quarterly consultative meeting with political parties in Abuja…yesterday JULIUSATOI

Teleology Pulls Out from 9mobile Emma Okonji Barely, two months after Teleology Holdings received approval to take over the operations of 9mobile as the preferred bidder, Teleology Holdings has expressed its dissatisfaction with the business relationship with its local partner, 9mobile Nigeria, and has decided to pull out from the 9mobile project, THISDAY has learnt. Investigation has further revealed that Teleology Holdings Limited will be seeking to exit its shareholding in the local joint venture, Teleology Nigeria Limited, which will be required to change its name. This development, it was learnt, will put the $50 million initial deposit paid for the acquisition of 9mobile by Teleology Holdings, in jeopardy. Sources close to the 9mobile told THISDAY that Teleology Holdings had become increasingly uncomfortable with actions taken outside of the agreed business plan, since the November 12, 2018 formal take-over of 9mobile. According to the source, Teleology Holdings has been

blocked from concluding a management services contract with the local joint venture, Teleology Nigeria Limited. The management services contract would have enabled Teleology Holdings and its team of experts oversees the implementation of the organisation’s elaborate business plans, including funding proposals. THISDAY further gathered that following this ugly development, the Founder of Teleology Holdings Limited, Mr. Adrian Wood, who is the pioneer CEO of MTN Nigeria, has resigned from the boards of Emerging Markets Telecommunication Services, which is trading as 9mobile, as well as Teleology Nigeria Limited. Wood has also in a statement expressed his disappointment about situation in 9mobile. “Fifteen Teleology experts have worked since June 2017 on detailed 9mobile turnaround planning, development strategies and financial restructuring. This included lining up more than $500 million fresh direct foreign investment from international

institutions. 9mobile is an exciting opportunity to build a revolutionary mobile network that could be the pride of Nigeria, unfortunately it appears that we will not be able to participate,” Wood said. Wood added that: “We now must stand down from further work on the 9mobile project.” The development may further compound the woes of the struggling 9mobile operation. In a pre-disconnection notice advertised by the Nigerian Communications Commission in the media on December 18, IHS, the infrastructure services provider, which hosts majority of 9mobile’s base stations, was granted permission to disconnect 9mobile and other debtor telecom operators within a 10-day ultimatum, ostensibly on account of 9mobile’s indebtedness. THISDAY gathered that should this disconnection take place, subscribers on 9mobile’s network would have been effectively shut out completely from the telecommunications network and would be unable to make

or receive calls. “The 9mobile operation is in dire straits and apart from customer attrition, is battling with huge indebtedness to dozens of suppliers. It would be a tragedy if the acquisition by Teleology goes wrong,” said a staffer of the company. Teleology Holdings had on November 12 last year, announced the constitution of a new Board of Directors for 9mobile, following the approval it received to officially take over the operations of 9mobile, coupled with the successful completion of the tenure of the former Board appointed by the Central Bank of Nigeria (CBN) and in fulfillment of the consequential transfer of final ownership to the new investors. The seven-man Board of Directors included Nasiru Ado Bayero as Chairman; Asega Aliga as Non Executive Director; Adrian Wood as Non Executive Director; Mohammed Edewor as Non Executive Director; Winston Ndubueze Udeh as Non Executive Director; Abdulrahman Ado as Executive Director and Stephane Beuvelet, as Acting Managing Director.

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INEC: Political Actors Buying PVCs from Voters We have been vindicated, says PDP Iyobosa Uwugiaren and Adedayo Akinwale in Abuja With 38 days to the general election, the Independent National Electoral Commission (INEC), yesterday said it has credible information that political actors are going round buying Permanent Voters’ Cards (PVCs), and financially inducing them to collect the Voter Identification Numbers (VIN) on their PVCs. The electoral body also stated that after the mandatory display of voters’ registers in all polling units nationwide for claims and

objections from November 6 – 12, 2018, the final register for the 2019 general election stands at 84,004,084 million voters. Reacting swiftly to the alarm raised by INEC on the PVCs buying, the Peoples Democratic Party (PDP) Presidential Campaign Council yesterday said it had been vindicated, adding that it had raised the alarm severally over the fact that the APC and its agents had been involved in the act of buying PVCs, particularly those that were yet to be collected. The INEC National Chairman,

FG, ASUU May Reach Final Deal Thursday Onyebuchi Ezigbo in Abuja The federal government and the leadership of the Academic Staff Union of Universities (ASUU) yesterday made progress in their negotiations to end the over one- month industrial action by university lecturers, which has crippled academic activities in public tertiary institutions. The Minister of Labour and Employment, Chris Ngige who led the government team, said at the end of five- hour meeting held at the conference hall of ministry in Abuja, that substantial progress was made on the demands of ASUU, adding that the industrial by lecturers may be called off before weekend. Ngige said the meeting agreed that ASUU’s representatives will go for consultations with their members before coming back on Thursday for a final deal. He listed the areas that agreement has been reached to include the approval for the setting up of an ASUU floated company, Pension company (PENCO) that will solely manage the pension of university teachers in the country. Other areas include, payment of salary arrears of allowances and proposal being for the funding of revitalisation of tertiary institutions in the country. On the issue salary shortfall in the tertiary institutions, Ngige said the Ministry of Finance and the Office of the Accountant General of the Federation

have provided evidence that on December 31, 2018, before the expiration of the current 2018 budget that they have remitted N15,389,940,335.71 to the universities to take care of the arrears. Also on the issue of earned allowances in the university system, the minister said there is an evidence that the president has approved the sum of N20 billion to be used to offset outstanding arrears of 2009 and 2012 of audit-verified allowances in the university system. “This money is being worked out and will be released to ASUU as soon as the processes are completed,” he said. The minister further explained that the meeting dealt with issue of revitalisation of public institutions for which the then administration of former President Goodluck Jonathan agreed to inject about N220 billion into the university system every year for about six years. He said that the federal government has given ASUU a firm assurance that it will not repudiate the agreement and that government, adding that government being a continuum, it will abide by it. He said that the present administration is finding ways to sources funds to be able to meet that obligation. According to Ngige, proposals on how to source funds for the implementation of that aspect of the agreement with ASUU has been worked out by a committee and report submitted to the president for his action.

THE ASSAULT ON DAILY TRUST But what we know is this: across Nigeria indeed, there is a growing population of soldiers of truth, the middle class in the North is more radical today than it has ever been, that class no longer panders to the shackles of religion and ethnicity as before. Those who bought into the politics of deception in 2014/2015 have regained their sight. Those who bought into the politics of propaganda have seen the light. Nigeria today is divided between those who promised change and could

not deliver and those who insist that this country must change for good, for better. The Buhari government has produced more radicals than at any other time in Nigerian history. People are just angry and frustrated. It is futile to turn guns on the media and those who think and write. A thousand machine guns will not stop the soldiers of truth. Tell the Inspector General of Police and the Chief of Army Staff to release the journalists of Daily Trust and their computers.

84,004,084 voters to decide winners in general election

Prof. Mahmood Yakubu, raised the alarm yesterday in Abuja at the Quarterly Consultative Meeting with political parties, where the commission presented the 2019 voters’ register and electoral guidelines to the parties. “A new method of vote buying is being devised. We have received credible information that some partisan actors are now going round buying up Permanent Voters’ Cards (PVCs) from voters and financially inducing them to collect the Voter Identification Numbers (VIN) on their PVCS’’, the INEC boss stated. “In some instances, telephone numbers and details of bank accounts of voters have been collected. By collecting the PVCs, their intention may be to deprive the voters of voting -- since no

one can vote without the PVC. “By collecting their phone numbers and bank details, the intention is to induce voters by electronic transfer of funds to their accounts since it will be difficult to buy votes at polling units. By collecting the VINs, they may be acting on the mistaken notion that our system can be hacked into and the card readers somehow preloaded ahead of election and compromised. Yakubu reassured the political parties that there was no change in the number of polling units and voting points used for 2015 general elections and the 2016 Area Councils elections in the Federal Capital Territory (FCT), noting that any information to the contrary is utterly baseless and should be disregarded.

He also advised the leaders of political parties to start compiling the lists of party agents for submission, not later than 14 days to the election, in line with the timetable and schedule of activities for the 2019 general election. He noted that the deadline for Presidential and National Assembly elections remains February 1, 2019, while Governorship, State Assembly and FCT Area Council elections, is February 16, 2019. Yakubu added that after the mandatory display of voters in all polling units nationwide for claims and objections from 6th -12th November 2018, the final register for the 2019 general election stands at 84,004,084 million voters. A breakdown of the voters’

register revealed that South-south has 12,841,279 voters; South-east, 10,052,236 voters; South-west, 16,292,212; North-west, 20,158,100 voters; North-east, 11,289,293 voters; while North-central has 13, 366,070. Also, female voters constitute 47.14 per cent -- which is 39,598,645 voters; while male voters constitute 52.85 per cent which is 44,405,439 voters. The youth (18-35) constitutes 51.11 per cent, which is 42,938,458 voters, while middle age (36-50) constitutes 29.97 per cent, which is 25,176,144; elderly (51-70) constitutes 15.22 per cent, which amounts to 3,100,971 voters; while the old (70+) constitutes 3.69 per cent, which equally amounts to 3,100,971 voters. Continued on page. 37

ENHANCING TAX PAYMENT……

L-R: Secretary, Joint Tax Board, Oseni Elamah; Chairman, House of Representatives Committee on Finance, Hon. Babangida Ibrahim; Chairman, Federal Inland Revenue Service (FIRS), Mr..Babatunde Fowler; and Senator Umaru Kurfi, representing Chairman, Senate Committee on Finance, Senator John Enoh, at the opening of the 2019 FIRS Management and Stakeholders’ Retreat in Lagos… yesterday

Release Melaye, Atiku Tells FG Yekini Jimoh in Lokoja The presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, has called for the immediate release of Senator Dino Melaye from Police custody saying his continued detention is injustice. Addressing thousands of the party’s supporters yesterday during his presidential campaign in Lokoja, Kogi State, Atiku noted that Melaye is one of the vibrant members of the National Assembly. He therefore urged the federal government to quickly release him from police custody. He noted that it is only

PDP that can make Nigeria working again, stressing that the government of the All Progressives Congress (APC ) has brought poverty and injustice to the people of Nigeria Atiku who berated the present administration for the present economic situation in the country, explained that the ruling APC has brought poverty, and hunger to Nigerians in the last four years, noting that the administration has widen the gap between the rich and poor . He promised that if elected on February 16, his administration will fix Nigeria

and make it work again. He also assured the people of Kogi State that if elected as the next President of Nigeria he will revive the Ajaokuta Iron and Steel company situated in the state. He urged the electorate to reject the administration of APC and vote for PDP in the forthcoming elections. In his remark, the Senate President and Director General Atiku/Obi Presidential Campaign, Dr. Bukola Saraki, urged the people of the state to put an end to APC’s autocratic system of government by voting massively for all the candidates of PDP in the

forthcoming general elections. Also speaking at the rally the former governor of Kogi State, Alhaji Ibrahim Idris, stated that the hunger in the last four years should be enough reason to vehemently reject APC government at all levels, adding the good old days, which were characterised by surplus food, prompt payment of salaries, and security of lives and property will be restored. The Director General, Atiku/ Obi Campaign Council, Kogi state, Chief Clarence Olafemi, said all the projects in the state were initiated and executed by the PDP-led government.

PDP Charges Buhari to Hand over Campaign Council’s Members to EFCC Adedayo Akinwale inAbuja The Peoples Democratic Party (PDP) Presidential Campaign Organisation has challenged President Muhammadu Buhari to display his highly-touted integrity by handing over the list of his campaign council members to the Economic and Financial Crimes Commission (EFCC) for investigation. The Director of Media and

Publicity of the main opposition party’s campaign council, Mr. Kola Ologbondiyan, in a statement yesterday in Abuja, said the fact that Buhari selected, inaugurated and sits as the Chairman of the council with persons with corruption cases, showed that he approved and perhaps have hugely benefited from the corrupt practices for which they were indicted. According to him, “President

Muhammadu Buhari has exposed himself as the grand patron of looters with his inauguration of persons with corruption cases in his Presidential Campaign Council.” Ologbindiyan stressed that there are already allegations that such individuals are being spared because part of their loots have been diverted to fund Buhari’s re-election bid. This development, he said, has justified the opinion held

by most Nigerians that Buhari is not fighting corruption and that his much-hyped anti-corruption crusade is just an oppressive scheme against the opposition. Ologbondiyan noted that unlike the PDP Presidential Campaign Council, which has no person with corruption case as member, ‘the Buhari Presidential Campaign Council is a looters list and a catalogue of ‘who is who’ in corruption.’

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Probe Trans Forcados Pipeline Management, Ocean Marine Urges FG Ejiofor Alike Ocean Marine Solutions Limited (OMS), a leading asset company dedicated to protecting the country’s resources from graft and illegal activities, has decried alleged blackmail, smear campaign and defamatory publications concerning its operations by those charged with the surveillance of Trans Forcados Pipeline (TFP). It also called on the federal government to investigate the alleged “calamitous mismanagement” of TFP and hold accountable those responsible, vowing not to be intimidated by “desperate” players in the sector. OMS made the call in a fourpage advertorial in newspapers , which it also copied President Muhammadu Buhari, the security agencies, the EFCC and other critical stakeholders. It said the investigation had become imperative in the light of the smear campaign against it

by companies saddled with the surveillance of the TFP. The TFP is a vital piece of Nigeria’s national infrastructure capable of transporting 200,000 to 240,000 barrels of oil per day equivalent to 14 per cent of Nigeria’s daily production. It is the key to transporting crude oil from some of Nigeria’s largest and most prolific assets and it is therefore of fundamental national strategic importance. According to the company, the protection of this vital national resource has bèen an issue . “Recently, some individuals and corporate bodies placed advertisements in newspapers accusing the NNPC of moves to terminate their contract. But OMS sees the publications as attempts to frustrate it from taking over the job, for which OMS is most competent,” OMS explained. “ln recent weeks, OMS has been the victim of a crude smear campaign orchestrated by desperate factions who are

fearful that their lucrative abuse of the TFP will be over if OMS takes over the responsibility for security and surveillance, “ OMS said in the advertorial, wondering if this was not “a case of oil thieves and illegal bunkerers fighting back?” It accused two companies - Shoreline Natural Resources and Eraskorp - of orchestrating the campaign, having realised that it had been invited by the Nigerian National Petroleum Corporation (NNPC) to take over the responsibility for the security of the TFP. “If we accept NNPC’s invitation to take over responsibility for the security of theTrans Forcados Pipeline, we will gladly put an end to the criminal abuse of another key part of our strategic national infrastructure. “Fearful that we will put an end to their illegal racketeering, vested interests in the TFP have engaged in a clumsy smear campaign in an effort to harm us and preserve the status quo,”

OMS said. OMS said unlike the companies behind the smear campaign, it has a successful track record of securing strategic national infrastructure and stopping illegal bunkering, vandalism and oil theft. “For example, NNPC spent over $150 million trying to revamp the Escravos-Warri crude pipeline before eventually resorting to moving crude by marine vessels. It is on record that not only did OMS rehabilitate the EscravosWarri pipeline against the odds, but did so while bearing all of the considerable financial risk in order to demonstrate that we could deliver on our promises. Only when we had invested $32 million and proved our concept by revitalising the pipeline did NNPC award us a contract in line with best practices and benchmarks. “Our approach to EsravosWarri where OMS singularly carried the financial risk and burden associated with proving

our concept is characteristic of our values. We succeeded because of our patriotism, dedication, capacity and enormous structures deployed on the line,” it said. The company also gave insights into other operations it had carried out in the oil sector. “Following the successful delivery of Escravos-Warri, NNPC approached OMS to replicate the achievement on the Bonny-Port Harcourt pipeline. Our efforts led to the formal re-commissioning of those pipelines on 22 and 23 April 2016 by the Minister of State, Petroleum Resources and the immediate past Group Managing Director, NNPC. Since April 2016, we have delivered 60, 177, 843 barrels of oil (and counting) to both refineries without any loss to the nation.” On the contentious Trans Forcados Pipeline, TFP, management, the company said it was invited to the job strictly on account of its track record of performance.

“OMS did not seek out the TFP security and surveillance contract. We were approached and invited to render our services because of the dire security situation, and because we have a reputation for delivering results. In particular, OMS’ impressive record of performance on the Bonny-Port Harcourt and Warri-Escravos pipelines and robust community engagement has earned the trust of NNPC. Indeed, we are pleased to be recognised as the game changer in the restoration of Escravos-Warri and Bonny-Port Harcourt pipelines, which were fundamentally damaged by oil thieves and militants for over five years before OMS stepped in to prove that these valuable pieces of infrastructure were viable when in the hands of the right people.” OMS is led by Capt. Idahosa Okunbo, the executive chairman and majority shareholder, and has over 3,000 workforce in the Delta community.

UK Condemns Invasion of Daily Trust Newspaper The United Kingdom yesterday condemned Sunday’s military invasion of the Daily Trust newspaper offices in Borno and Abuja and the arrest of its journalists by soldiers. In a statement issued in Abuja, the UK Department of International Development in Nigeria described the action as rash, adding that a free press, which is able to challenge and comment on the actions of the country was an essential cornerstone and hallmark of democracy across the globe, arguing that “this freedom is an inviolable and absolute right.” Its Communications Officer, David Smith, advised the military to engage in constructive dialogue with stakeholders on how best to work together to deliver for the people of Nigeria. The DFID stated, “Whilst we welcome the swift and decisive action from the Federal Government in resolving this incident, the existence of the raid alone remains a concerning

development in Nigeria. “The United Kingdom believes that freedom of the press and freedom of speech are fundamental democratic principles, and their right is absolute and inviolable. “A free press is the hallmark of a civilised and democratic nation, and efforts to subvert or silence such organisations are the colours of tyranny and authoritarianism. “Rather than resorting to rash tactics of raids and arrests, a strong foundation of dialogue and trust will resolve issues before they create friction.” The United Kingdom said it would continue to monitor the situation closely, particularly as the 2019 presidential election drew closer. Also, the Head of the UK Department for International Development in Nigeria, Ms Debbie Palmer, said, “This is a concerning development for Nigeria, and I am disappointed that such rash action was taken by the authorities.”

I Did Not Sell Osun Osogbo Symbol, Says Ataoja Yinka Kolawole in Osogbo The notion that the Ataoja of Osogbo land, Oba Jimoh Olanipekun, has sold an inheritance of the town, the Osun Osogbo symbol to a foreign land for $15million is now causing ripples in the town. However, the monarch who fingered one Adigun Iyanda, said he would not go scot free as he has incurred the wrath of the goddess on his head over what he termed wrong accusation. The monarch in a press conference held at his palace yesterday condemned the accusation which he described as unfounded and ruse, charging members of the public to disregard it. Oba Olanipekun, who also maintained that the accuser would soon meet his waterloo over the wrong claim, argued that Osun Osogbo is a spirit that could not be sold to

anybody, threatening to arrest Iyanda whenever he surfaces in Osogbo. The royal father noted further that Osun Osogbo is spiritual, a deity and an emissary of God which cannot be sold or bought by anybody. “In fact, it is not a physical property,” he added. He, however, condemned the accuser and referred to him as an agent of destruction. The Ataoja, therefore, noted that “whosoever that calls me a thief will not go unpunished. Let him provide the seller and buyer. He will be arrested if he comes to Osogbo from his base abroad. “Leveling such allegation against me as a king is wicked and uncalled for, and the ancestors and deities of the land will fight against the lies.” Also speaking with THISDAY, the Arugba Osun Osogbo Chief, Abimbola Oyewale, who carried Osun Osogbo calabash for 15 years said some people want to tarnish the image of the town.

GRAND RALLY…

Presidential candidate of Peoples Democratic Party (PDP), Alhaji Atiku Abubakar acknowledges cheers during a campaign rally in Lokoja, Kogi State... yesterday

Leave Amina Zakari Alone, Family Tells Nigerians Adedayo Akinwale in Abuja The family of the National Commissioner of the Independent National Electoral Commission (INEC), Mrs. Amina Zakari, has appealed to Nigerians to leave her alone and allow her concentrate. The family in a statement yesterday, described as blatant lies the allegation that Zakari

has a blood tie with President Muhammadu Buhari. Their position was contained in the statement signed by Isah Zakari obtained by THISDAY yesterday. “Enough is enough. Leave our mother, daughter and sister alone to serve the nation as she has done so diligently over her life and career,” the statement read. Describing the outrage

that trailed Zakari’s recent appointment as coalesce campaign of calumny orchestrated to pull her down, the family members described the INEC National Commissioner as a patriotic Nigeria who has served the country faithfully and honestly for years without blemish. They said they were pained by reports that portray her as

working to sabotage INEC’s determination to advance the democratic journey by creating a conducive atmosphere for citizens to exercise their voting rights. While insisting that Zakari is not a blood relation of the president, the family members said Buhari’s sister was once married into Zakari’s family but the union was short-lived.

INEC: POLITICAL ACTORS BUYING PVCS FROM VOTERS Yakubu emphasised that the commission would use Smart Card Readers for the general election, stressing that the function of the Smart Card Readers during accreditation is to confirm, verify and authenticate the voter. He explained, “If the fingerprint is not authenticated by the card reader but the PVC is confirmed as genuine and the voter’s personal details are consistent with manual register, he/she shall be allowed to vote.

“However, where the biometric authentication fails, the voter will be required to thumbprint a box next to his/ her picture on the register and to enter his/her mobile telephone number before proceeding to vote. “The separate Incident Form used in previous is now abolished. Similarly, the claim that the card reader has been enhanced to recapture voters’ fingerprints at polling units and automatically overwrite

the biometric record on our database is untrue and should be disregarded.” Speaking with THISDAY last night, one of the spokesmen for PDP Presidential Council, Prince Kassim Afegbua said that PDP has been vindicated. “The party has been raising alarm over the fact that the APC and its agents have allegedly been involved in the act of buying voters card or PVC particularly those that were yet to be collected.

“The APC has been indulging in this act using the Tradermoni platform as avenue to cultivate voters and buy off their voters’ cards with the sole purpose of using them to rig the 2019 election, knowing full well that the PDP has been popularly accepted as the party to beat. “The revelation coming from INEC leadership today at the meeting with political parties is a further vindication of our earlier position’’, Prince Afegbua added.

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5 ) * 4 % ": t TUESDAY, JANUARY 8, 2019

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Î&#x20AC;Ë&#x153; ͺ͸͚Π˞ T H I S D AY

TUESDAYSPORTS

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

NNL SUPER 8 PLAYOFF

Bendel Insurance Moves Closer to NPFL Return r Takes on Shooting Stars in a decisive clash on Wednesday

Former Nigerian Champions, Bendel Insurance, yesterday moved a step forward as the first team with a chance to seal a ticket to the Nigeria Professional Football League (NPFL) with a game to spear at the ongoing Nigeria National

League Super 8 Play-Offs, in Aba, after maximum victories in two matches.. Junior Osaghaeâ&#x20AC;&#x2122;s second half goal ensured victory over Remo Stars on Monday to earn the legendary Insurance maximum points after claiming

a comprehensive 3-0 win over Delta Force, on Match-day 1, decided on Sunday. Goals from experienced forward Charles Omokaro, Michael Enaruna and Emmanuel Uangboje gave Insurance victory in their opening fixture. Wednesdayâ&#x20AC;&#x2122;s final fixture for Insurance will be the third

clash against perennial rivals, Shooting Stars Sports Club (3SC) this term, in what is usually a national derby. Insurance remains undefeated after two meetings against the Ibadan team. The first meeting in Ibadan ended in a goalless draw, while Insurance won the reverse fixture,

2-1, in Benin-City. A herculean task awaits Shooting Stars on Wednesday as they have to score three unreplied goals to halt Insuranceâ&#x20AC;&#x2122;s return to top flight football. Today is rest day for all the eight teams in the playoff. Having spent over a decade in the lower division, the present adminstration in Edo State, led by Governor Godwin Obaseki

promised to return the club to the elite league. On paper, Insurance looks good to return in style considering their outing so far, in Aba, as the only team with maximum points and only team yet to concede a goal. Interestingly, Bendel Insurance topped their Group which had the Ibadan side during the regular season.

MATCH DAY 3 FIXTURES Remo (3 points) vs Delta Force (0 point) Insurance (6points) vs Shooting (3points) Kada City (4 points) vs Gombe (4points) Real Stars (1point) vs Kogi (1point)

Insurance Remo 3SC Delta

SOUTHERN CONFERENCE P W D L F A +/- Pts 2 2 0 0 4 0 +4 6 2 1 0 1 3 1 +2 3 2 1 0 1 2 3 -1 3 2 0 0 2 0 5 -5 0

Kada Gombe Real Stars Kogi Utd

NORTHERN CONFERENCE P W D L F A +/- Pts 2 1 1 0 5 2 3 4 2 1 1 0 2 1 1 4 2 0 1 1 2 3 -1 1 2 0 1 1 1 4 -3 1

Nigerian Elite Road Runners Urge Governors to Emulate Ambode Elite marathoners from a crosssection of Nigeria especially the Northern part of the country have called on other states governors to emulate the Lagos State Governor Akinwumi Ambode by initiating marathon and road races in their dormains. Most of the elite athletes who are preparing for the 4th edition of the Access Bank Lagos City Marathon said apart from the Lagos Marathon being their own â&#x20AC;&#x2DC;Christmasâ&#x20AC;&#x2122; because of the financial gains it avails them, the race is also very important because it has been helping them improve on their timing as they now have the opportunity to compete with the best in the world. Deborah Pam is often described as the Queen of Marathon races in Nigeria and it was not surprising that she finished ahead of all her compatriots at the 2018 Access Bank Lagos City Marathon. The Plateau State-based runner

commended Gov. Ambode for doing well with the Lagos Marathon but asked more states to come on board with their races too. â&#x20AC;&#x153;We are very grateful to Governor Ambode for helping us with the Lagos Marathon, it is a very good event and it is really helping us a lot, but if we can get two or three more, it will be very good, and we can benefit more,â&#x20AC;? she said Iliya Pam, who emerged tops among Nigerian runners at the last two editions of the Access Bank Lagos City Marathon also gave kudos to the Lagos governor. â&#x20AC;&#x153;Honestly, he (Ambode) has tried a lotâ&#x20AC;Ś. there is no other governor that has organized something wonderful like that, now the marathon is moving from Bronze to Silver Label and by Godâ&#x20AC;&#x2122;s grace, it will get to Gold so I am very happy and thank the Lagos governor.

Zenith/Delta State Principalâ&#x20AC;&#x2122;s Cup Returns Jan. 21 The Principalâ&#x20AC;&#x2122;s Cup Football Competition organised for secondary schools in Delta State will enter intensive stage from January 21 with the zonal elimination series. The 2019 edition is the 3rd in the series since the tournament which was revived in 2017 by sport-loving Governor Ifeanyi Okowa courtesy of the partnership with Zenith Bank. This yearâ&#x20AC;&#x2122;s edition started from the preliminary stage in October 2018 but the organisers are now working round the clock to make the ongoing edition unique in many ways. After the preliminary stage played at all the 25 Local Governments in the state, 26 teams

emerged to compete from honours in the zonal elimination series. Head of the organizing team, Tony Pemu, said teams would compete for honours in 10 zones scattered all over the state. Eight quarterfinalists will merge from the zonal event expected to take place between January 21 and 25 with three teams in each of the zone and just one expected to emerge as champions. Pemu said: â&#x20AC;&#x153;The School sports festival takes place between January 15 and 18 and that is why the zonal event is starting on January 21st. All logistics are in place and before the last day of January, we would have been through with the zonal stage and the quarterfinal ties.â&#x20AC;?

Wolverhampton Wanderers knocked out Liverpool from the third round of 2018/19 English FA Cup last night with a 2-1 victory. Wolves are to play Shrewbury or Stoke in the 4th round draw conducted last night

Pinnick: CAF Will Today Pick the Better Candidate to Host 2019 AFCON President of the Nigeria Football Federation (NFF) and the 1st Vice President of the Confederation of African Football (CAF), Amaju Melvin Pinnick, on Monday in Dakar, Senegal pledged that the African football ruling body will vote for the better-qualified candidate between Egypt and South Africa to host this yearâ&#x20AC;&#x2122;s Africa Cup of Nations finals. The announcement of the AFCON 2019 host country was brought forward to today following an adjustment on the initial agenda of CAF. Pinnick, who is also President of the AFCON Organizing Committee, stressed that his committee has analysed the strengths of the two bidding nations and would advise CAF on the better option ahead of todayâ&#x20AC;&#x2122;s meeting of the CAF Executive Committee that will select the host country. â&#x20AC;&#x153;The AFCON committee of

which I am the chairman has done a SWOT (Strengths, Weaknesses, Opportunities and Threats) on both bidding countries and we will meet on the side-line of the CAF Football Awards to finally decide on the best option and present same to CAF before Tuesdayâ&#x20AC;&#x2122;s meeting. â&#x20AC;&#x153;The interest of African football is paramount in this. It is important that we get this right so that the selected country can quickly put structures in place for the championship which is only about five months away,â&#x20AC;? the CAF top official noted. The NFF boss, who is also a Member of the Organizing Committee for FIFA Competitions, arrived the Senegalese capital on Sunday evening for the meetings as well as the AITEO-CAF African Football Awards, which holds in the historic island of Goree this evening. Egyptian Mohamed Salah is tipped to retain the

coveted prize. His Liverpool teammate, Sadio Mane of Senegal and Gabonese Pierre-Emerick Aubameyang are the other two players in contention for the top prize. Pinnickâ&#x20AC;&#x2122;s influence and insistence was determinant in CAF agreeing to a four -year contract with Nigeriaâ&#x20AC;&#x2122;s leading energy solution company, AITEO for sponsorship of the African Football Awards. AITEO came into the picture last year on a one-year agreement to bankroll the event hosted in Accra, Ghana following the departure of another Nigerian company, Globacom. CAF had in November 2018 stripped designated host, Cameroon, of the right to host the 2019 AFCON as a result of delays in construction and security threats. Egypt and South Africa have differing strengths with regards

to their individual bids to host the 32ndAfrica Cup of Nations finals holding this summer. This yearâ&#x20AC;&#x2122;s edition will be the first to entertain 24 teams. South Africa hosted and won the 1996 finals that was taken away from Kenya for ill-preparedness, and then also hosted the 2013 finals (that Nigeria won) after civil strife broke out in designated host nation, Libya, in 2011. In 2010, South Africa became the first African nation to host the FIFA World Cup â&#x20AC;&#x201C; a 30-day, 32-nation extravaganza that was widely seen as a magnificent success. A year earlier, the nation also hosted the FIFA Confederations Cup. Egypt has hosted the continentâ&#x20AC;&#x2122;s top football house party three times previously, including hosting and winning the 1986 and 2006 finals. The country also hosted the FIFA U17 World Cup finals in 1997 and the FIFA U20 World Cup finals in 2009.

Oladapo Resumes as NOC Scribe Femi Solaja Yesterday marked the beginning of another era at the Nigeria Olympic Committee (NOC) following the formal hand-over ceremony between outing Secretary General, Babatunde Popoola and the return of Mr Olabanji Oladapo back to the saddle. The short but significant ceremony took place at the

conference room of the secretariat and was witnessed by the NOC President, Habu Gumel and top management staff. Popoola who was Secretary of the NOC for eight years thanked the Gumel led board members for their support during his time in office. While talking about his time in office, Popoola said he was leaving as a fulfilled man going

by what he was able to achieve. â&#x20AC;&#x153;It was an interesting eight years in office and a very great moment of my life where I can boldly say I left my mark on the sand of time. â&#x20AC;&#x153;During my time, we went far in marketing and branding of NOC as an entity which I believe can be improved upon.â&#x20AC;? Speaking further, Popoola described the incoming Secretary

General as an elder brother who stood by him during his tenure as he promised to always be around to contribute his quota to the development of sports and the Olympic family. The new Scribe, Oladapo stressed on the need to continue with the legacy of the Olympic movement while promising an all inclusive and innovative Secretariat.