TUESDAY 29TH JANUARY 2019 by THISDAY Newspapers Ltd

Banks Strategise for Increased Competition Ahead of PSBs Obinna Chima Some chief executive officers (CEOs) of commercial banks in the country have strategised for increased competition ahead of the Central Bank of Nigeria’s (CBN) proposed Payment Service Banks (PSBs),

insisting that the proposed service banks would not eat deep into their market share in the retail banking space. The CEOs indicated that even though the development would bring about increased competition, they would also not relent in introducing

measures to ensure that the commercial banks remain dominant in the sector. The CBN had last year unveiled guidelines for the PSBs, to facilitate transactions in remittance services, microsavings and withdrawal services in rural areas.

The primary idea of the PSBs is to drive financial inclusion by leveraging the capacity of other entities, like the telcos with existing infrastructure in the areas not easily reached by bank networks. While the PSBs are to be

prohibited from providing lending services and participating in the FX market, they will be able to offer other services, thus competing with commercial banks for the pool of earnings and also ensure that the battle for retail is won using digital and mobile

strategy. But the Managing Director, Ecobank Nigeria, Mr. Patrick Akinwuntan, noted that while the PSBs could bring about increased competition, “competition in itself is not Continued on page 6

Crude Oil Price Drops to $60 over US, China Trade Dispute… Page 8 Tuesday 29 January, 2019 Vol 24. No 8686. Price: N250

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Lagos Assembly Threatens to Remove Ambode... Page 9

Opposition Unrelenting as Senate Challenges Onnoghen’s Suspension at Supreme Court CCT postpones arraignment indefinitely Police take over CJN’s office NBA issues boycott warning strike Atiku cautions Buhari against derailing democracy President avowed democrat, says Mohammed APC: Foreign intervention unacceptable Iyobosa Uwugiaren, Onyebuchi Ezigbo, Adedayo Akinwale, Alex Enumah and Udora Orizu in Abuja Opposition to the suspension of the Chief Justice of Nigeria (CJN), Justice Walter

Onnoghen, by President Muhammadu Buhari persisted yesterday, entering the next level as the Senate approached the Supreme Court for a determination of the Continued on page 8

Dogara: N30,000 Minimum Wage Not Enough for Workers Labour urges lawmakers to increase pay to N30,000 Shola Oyeyipo in Abuja The Speaker of the House of Representatives, Hon. Yakubu Dogara, yesterday disclosed that the N30,000 minimum wage being canvassed by

workers can barely feed a small family unit. This is as the organised labour groups implored members of the National Continued on page 6

PDP Heads to Appeal Court as Tribunal Upholds Fayemi’s Election... Page 6

PREPARING THE JUDICIARY... L-R: President, Court of Appeal, Justice Zainab Bulkachuwa; National Commissioner, Legal Matters, Independent National Electoral Commission, Mrs. May Agbamuche-Mbu; and guest lecturer, Chief Judge FCT, Justice Ishaq Bello, at INEC workshop for justices and judges on electoral matters in Abuja… yesterday julius atoi

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PDP Heads to Appeal Court as Tribunal Upholds Fayemiâ€™s Election Alex Enumah and Adedayo Akinwale in Abuja The Peoples Democratic Party (PDP) yesterday said it would appeal the judgement of Ekiti State Governorship Election Petition Tribunal sitting in Abuja which upheld the election of Kayode Fayemi as the duly elected Governor of Ekiti State. The three-man panel of the tribunal in a unanimous decision dismissed the suit filed by the PDP and its candidate, Prof. Olubunmi Kolapo Olusola. The tribunal held that the various allegations raised against the elections by the petitioners, were not proved as required by law, adding that worthless documents were dumped at the tribunal. The Chairman of the tribunal, Justice Suleiman Bolaji Belgore, said that contrary to the claims by the petitioners, Fayemi was

duly and lawfully returned as winner of majority votes by the Independent National Electoral Commission (INEC). The tribunal specifically said that Fayemi scored 197,459 as against 178,121 votes scored by Olusola in the election conducted by INEC on July 14,2018. In its judgment the tribunal said the plaintiffs failed to established the allegations of corruption, malpractices, ballot box snatching, non-accreditation, over voting and deliberate voiding of votes, made against the defendants. Justice Belgore noted that the petitioners only called 71 witnesses as against 926 listed to be invited to testify for them, adding that the 71 witnesses were scanty and insufficient to establish the fact of the various issues raised in the petition. "Out of 2,158 polling units in the state, the conduct of

the election was challenged in 1,458 units, while only 41 polling agents were called to testify as to what transpired in the areas in dispute", the tribunal noted. The judge held that calling 41 polling agents as witnesses out of 1,458 polling units was fatal to the case of the petitioners because the 41 agents invited as witnesses were too scanty and grossly few to make any impact in the petition. Besides, the tribunal also held that written depositions by the petitionersâ€™ witnesses were haphazardly done and in the process no probative value could be attached to the depositions by the tribunal. The tribunal added that all the witnesses called by the plaintiffs all voted unhindered and never told the tribunal of harassment, molestation, thuggery and other forms of electoral malpractice as alleged by the petitioners.

Justice Belgore dismissed the claims by the petitioners that Fayemi at the time of the election was not qualified to stand for governorship election on the ground of his alleged indictment by the Justice Oyewole Commission of Inquiry. The judge held that Section 182 of the 1999 Constitution relied upon by the petitioners to get the APC candidate disqualified had been deleted by the alteration done to the constitution on July 16,2010 by the National Assembly when the alteration took effect. The judge further said that apart from the fact that the aspect of the law had been deleted, a High Court of the Federal Capital Territory in a judgment delivered by Justice Othman Musa had nullified and set aside the report of the commission of inquiry on the ground that it was biased against Governor Fayemi. The tribunal stated that before

arriving at its conclusion it took a careful look at the report, which prohibited Fayemi from holding public office for 10 years and found that the recommendation for the ban was due to nonappearance of Fayemi before the commission of inquiry and not on embezzlement of public funds as required by the law. In all, the tribunal held that the petitioners failed to prove that they scored higher number of votes in the election and that they also failed to prove that Fayemi was not validly returned as the winner. But reacting to the judgment, the PDP said that though the judiciary was passing through a trying time under the dictatorial tendencies of the Muhammadu Buhari presidency, it urged the lord justices to stand for justice by restoring the mandate freely given to the PDP candidate, Olusola Eleka, at the July 14,

2018 governorship election in Ekiti State. The National Publicity Secretary of the party, Mr. Kola Ologbondiyan, in a statement yesterday said the judgment of the tribunal would surely be overturned at the Court of Appeal and victory handed to the PDP and its candidate. According to him, â€œThe Court of Appeal will consider the matter strictly on its merit, particularly with the abounding evidence of rigging including violence, vote-buying, ballot stuffing and alteration of results perpetrated by the APC are still intact.â€? The PDP stressed that the entire nation and the international community had widely condemned the manipulation that marred the Ekiti governorship election, believing that justice would be served at the end of the day.

As an addendum, labour also want to propose an amendment because this is a public gathering; to say, yes, it should be four years circle or if there is a major economic issue that will reduce or affect the value of the current minimum wage. So, whichever comes first will trigger the process of looking at the minimum wage. â€œThe other one is the issue of the threshold. We also have issue, which is not in contention in this report that the threshold should be removed because we said every worker must be able to earn the minimum wage. To say that those employing less than 25 workers should not be the case. â€œLastly, when you look at item 4(b) -- that is the body that will be charged with the responsibility of making the next review; I want to emphatically say also that what is being proposed here is different from what was recommended by the tripartite, where we said any future review will be done by a tripartite committee -- as we have done because that was what was done in 2011,â€? the labour leader stated. He said the tripartite committee should always come to the negotiation table on equal number. He also told the lawmakers to â€œAmend Section 5(a) where it was also recommended that the penalty should not exceed N5,000. We thought that this is a very serious matter and therefore the penalty of N5,000 is too minimal and therefore we want to recommend and submit that 10(b) (viii) to read: a fine

not exceeding N75,000.â€?

the meeting held by the National Council of States approved minimum wage for all workers of the federation at N27,000 and not N30,000. â€œI would like to clear some misunderstanding and misconceptions about this whole minimum wage thing because there is no need for semantics. Therefore, what has been proposed as national minimum wage does not preclude those who are willing to pay above the threshold. On her part, the Minister of Finance, Hajia Zainab Ahmed wants workers to be more pragmatic in their demand for increment in the national minimum wage on the basis of governmentâ€™s ability to pay. Speaking at the public hearing, she said: â€œYou will recall that the 2018 budget that was passed by the National Assembly had the total expenditure size of N9.12 trillion. The approved revenue for that budget was N7.17 trillion. â€˜â€™The total cost of the salaries paid during the months of January to December 2018 was a total of N2.618 trillion; this represents 72.66 per cent of the actual revenue that was generated between January and December to the tune of N3,603 trillion.â€?

DOGARA: N30,000 MINIMUM WAGE NOT ENOUGH FOR WORKERS Assembly to upwardly review the National Minimum Wage to N30,000 as against the N27,000 proposed by the federal government in the National Minimum Wage Amendment Bill transmitted to the lawmakers last week. But the Chairman of the Nigeria Governorsâ€™ Forum (NGF) and Governor of Zamfara State, Abdulaziz Yari, reinterated that reviewing the minimum wage would depend on revenue sharing formula. The governor said that when the wage was to be raised to N18,000, the governors raised the need to review the revenue sharing formula, which he said the workers were aware of. Dogara, who spoke at the National Assembly during a public hearing on the New Minimum Wage organised by the House Ad-hoc Committee on New Minimum Wage, 2019, added that it is only when workers are dignified with wages that can provide them minimum comfort that their productivity level will increase. He noted that the two focal points that must be given priority by government are poverty and corruption because while the former, caused mainly by underemployment and unemployment, is a threat to democracy, the latter fundamentally undermines democratic institutions and values. Dogara, therefore, proposed for a more reasonable living wage that will not only provide for basic needs of the workers but also enable them to make provisions for themselves that

will lift them out of poverty and lead to a reduction in corruption. He explained that poverty as a threat to democracy is evident in vote buying and in the use of money to compromise electoral and security officials during elections, thereby subverting the will of the people on account of the sense of despondency and powerlessness that their lack breeds, and therefore, making them ever ready tools in the hands of tyrants and demagogues, who in the course of history, have always found it easy to mobilise for the purposes of subverting democratic Institutions. The speaker stated, â€œWhile we are not oblivious of the current economic downturn and the dwindling revenue of government, we cannot also be blind to the fact that all economic indices indicate that even the 30,000 Naira Minimum Wage that Labour is asking for is not enough to sustain a small family unit. The nation may not have enough to satisfy the minimum demands of the Nigerian worker, but as a nation, we need to set our economic priorities right and ensure that we dignify our workers by making allowance for their minimum comfort. I know of no alternative if we hope to up the productivity level of our workforce. â€œWhen we do not pay living wage, we cannot tame corruption. When workers' take home is not enough to take them home, the temptation for them to cut corners in order to get home will always be there. Workers keep and process our national wealth and the

only way to insulate them from the temptation to want to help themselves to it, is to ensure they are well remunerated. Labour Urges Lawmakers to Increase Wage to N30,000 Meanwhile, the President of the Nigeria Labour Congress (NLC), Ayuba Wabba, has urged the National Assembly to upwardly review the National Minimum Wage to N30,000 as against the N27,000 proposed by the federal government in the National Minimum Wage Amendment Bill transmitted to the lawmakers last week. He proposed five amendments to the bill presented by the federal government. Maintaining that labour and government agreed to a N30,000 minimum wage for workers, Wabba, who spoke on behalf of the Trade Union Congress (TUC) and other labour bodies, said Nigerian workers want some sections of the new minimum wage bill amended. â€œWe have four amendments that we are proposing here. Amendment one is about the figure. In the current bill, Item 1(a) provides for a minimum wage of N27,000; we want to say and plead that the figure should be made to be N30,000,â€? Wabba said. He recalled that in 1981, the House jerked the minimum wage up to N125, which was then equivalent to $200, from N100 initially proposed. He said today, the dollar is over N300. â€œThe next Section 2(b) where it talked about the duration. In this report, which we mutually agreed to, we agreed on a fouryear circle. It is there in the bill.

Review will Depend on Revenue Sharing Formula, Says Yari However, the Chairman of NGF, Yari, said reviewing the minimum wage would depend on revenue sharing formula. He added that when the matter of the minimum wage came before the governors, they made so many efforts as governors and reviewed their current problem, saying that the problem is simple about revenue sharing formula. The governor said when the wage was to be raised to N18,000, the governors raised the need for a review of the revenue sharing formula, which he said the workers were aware of. He said while the parties in the negotiation agreed on N18,000, it was also agreed the revenue sharing formula was overdue for a review, adding that has not been done.

FG Can Only Sustain N27,000 In his contribution to the debate, the Minister of Labour and Employment, Dr. Chris Ngige, however argued that the tripartite committee agreed to review the minimum wage that the government can sustain, which he said was N27,000. Ngige argued, "The federal government had earlier offered N24,000 while state governments offered N22,000. However, after several consultations and with

BANKS STRATEGISE FOR INCREASED COMPETITION AHEAD OF PSBS negative.â€? He added: â€œIf you actually talk of active financial participation, the percentage will be less than 30 per cent because you have various levels. â€œYou have the banked, the underbanked and the unbanked. If you add the underbanked and the unbanked, we will be closer to 70 per cent. â€œAnd so the opportunity is there for more participants. We have demonstrated that in various countries like Ghana, Cote dâ€™ivoire, Republic of Benin, Togo, Liberia, Kenya, Rwanda, Uganda, Cameroon, that we operate, that we have the ability to collaborate well

with telcos that have participated in this space. â€œAt the end of the day participants need a strong bank as the final repository. We look forward to collaborating with participants in this space. â€œWe will embrace collaboration in the evolving market space that we are looking forward to in Nigeria. I think it is a bold step by the central bank, it is a commitment to bring financial services to every household and because that aligns to our commitment as Ecobank we will participate in furthering that agenda.â€? To the chief executive officer of Heritage Bank, Mr. Ifie Sekibo,

the PSBs are essentially to assist banks in driving financial inclusion. â€œFor us it is an enabler for the financial inclusion, it is not necessarily a competition. Yes, it is competition to the extent that we will compete with them in the financial inclusion space, our agency banking products will compete with their payment platform, but we all have very good payment platforms. â€œFor most of us, our payment platforms have developed much more than they could even be able to compete with. â€œBut for us, it is important that we have such organisations that helps the lower side of our

economy where people put money under their beds or leave money in their stores and when fire comes it destroys both the money and their investment and it is back to square one. â€œWe need to eliminate that; we need to bring in as much people under the formal platform so we can measure them. Today we donâ€™t have good measurement for how much money is in circulation in Nigeria because we donâ€™t even know. â€œBut if we can get these new institutions join us to expand the financial inclusion space we believe it is better for everybody and it is better for the economy.â€? Guaranty Trust Bank Plc in

its 2019 report released at the weekend, however, pointed out that the development would be net negative for the industry, even as the bank stated that it would be positive for customers, â€œas it has the capacity to improve customer service, increase product and service offerings, enhance financial inclusion and drive the adoption of a digitisation of banking services.â€? GTBank noted that the banking industry continues to face increasing competition from financial technology (fintech) companies and other non-bank companies offering a wide range Continued on page 9

TOP GAINERS NPFMFB UNIONDAC OANDO UPL TOTAL TOP LOSERS BERGPAINTS CHIPLC MCNICHOLS

NGN NGN 0.14 1.60 0.02 0.29 0.25 5.10 0.10 2.10 8.80 223.30 NGN 0.75 7.00 0.03 0.32 0.03 0.36 A.GLEVENTIS 0.02 0.29 ROYALEXCHANGE 0.02 0.29 HPE Nestle Nig Plc â‚Ś1,450.00 Volume: 222.687 million shares Value: N1.843 billion Deals: 4,150 As at yesterday 28 /1/19 See details on Page 31

% 9.5 7.4 5.1 5.0 4.1 % 9.6 8.5 7.6 6.4 6.4

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Crude Oil Price Drops to $60 over US, China Trade Dispute FG mobilises African nations to invest $2bn in energy projects Chineme Okafor in Abuja with agency reports Crude oil price yesterday headed for its biggest one-day drop in a month as a result of evidence of yet more growth in US crude supply This is coming as the federal government has unveiled plans to mobilise other oil and gas producers in Africa on the platform of African Petroleum Producers Organisation (APPO) to raise up to $2 billion to finance energy projects across the continent. Further weighing on oil markets is the trade dispute between the United States and China, which looks unlikely to end anytime soon and has increasingly impacted on the Chinese economy. However, the price is still on course for its strongest January gain for 14 years. The global benchmark, Brent crude oil was down $1.49 at $60.15 per barrel, down 2.5 per cent on the day in their largest one-day percentage fall since late December, while US futures fell $1.71 to $51.98 a barrel. United States crude production, which hit a record 11.9 million barrels per day late last year, has undermined sentiment in the oil market, Reuters quoted oil traders as saying. US energy companies last week increased the number of rigs looking for new oil for the

first time since late December to 862, energy services firm Baker Hughes said on Friday. Even with an uncertain outlook for demand and evidence of growing supply, the oil market has benefited this month from another round of production cuts by the Organisation of Petroleum Exporting Countries (OPEC) and its partners, as well as robust trade in physical barrels of crude led by China. The price has risen by 12 percent so far in January, the largest increase in percentage terms in the first month of the year since 2005, when it gained 14 per cent. Investors have added to their bets on a sustained rise in the oil price this month for the first time since September, according to data from the InterContinental Exchange. But much of the demand outlook hinges on China and whether its refiners will continue to import crude at 2018â€™s breakneck pace. Industrial companies in China reported a second monthly fall in earnings in December, despite the governmentâ€™s efforts to support borrowing and investment. Nigeria Mobilises African Nations to Invest $2bn in Energy Projects Meanwhile, Nigeria will mobilise other oil and gas producers in Africa on the

Kachikwu platform of African Petroleum Producers Organisation (APPO) to raise up to $2 billion to finance energy projects across the continent. The Minister of State for Petroleum Resources, Mr. Ibe Kachikwu, disclosed that the proposed fund would also support the push for deeper collaboration among Africaâ€™s oil producers. Kachikwu, who spoke at the second Nigerian International Petroleum Summit (NIPS) currently going on in Abuja, said member countries of APPO were already looking to expand the role of an existing financing body in the continent, and would rename it the African Energy Investment Corporation to drive its goals of financing continent-wide energy projects. He said: â€œWe are presently looking at expanding the role of a particular financing body we are going to be calling the

African Energy Investment Corporation. The whole idea is to mobilise between $1 billion and $2 billion of resources to fund all the essentials necessary for us to properly collaborate,â€? said Kachikwu. The minister added: â€œToday, most African countries are silos; everybody does their own thing--you build your own refineries, plants, gas turbines. If we could just cross the Rubicon and be able to extend hands of infrastructural relationship across Africa; build joint pipeline, plants and refineries; begin to protect the African market, we would have taken a huge step, not only in the development of Africa, but to the stabilisation of independent countries.â€? â€œWe have finished that meeting and signed on to resolutions that endorsed all the changes that we have suggested. We are now going to move on the implementation stages.â€? He listed the challenges currently before the oil industry in the international oil market to include Shale oil, oil pricing, investment limitation, and the United States' President, Mr. Donald Trump. He noted that unless African countries get their policies, market place collaborative mechanisms, and infrastructure right, they would face a huge challenge in the competition for resources and capital to develop.

According to him, Nigeria has one of the best skillsets in the global petroleum industry, and should leverage this to help grow the petroleum industry in Africa. â€œOur skillsets is unbelievable. Over 90 per cent of the oil majorsâ€™ workforce are Nigerians. This means that some of the best skill sets are here. One of the things I find going into the NNPC in 2015, was that every detail of capability that you need to run a global company sat in NNPC. "They are very trained, very well exposed. We have issues in terms of policies, but in terms of skill sets, we are solid. â€œWe are hoping that with the collaborative spirit we are beginning to build, we would be able to export some of these to Africa; sit down with some of those countries coming into oil production for the first time; get some of our local participants and investors to begin to get into those countries and begin to take opportunities of what their blocks offer,â€? Kachikwu explained. The Executive Secretary of the Nigerian Content Development Monitoring Board (NCDMB), Mr. Simbi Wabote, in his remarks at the summit, called on African oil producers to embrace local content in their operations as a means to guarantee development. Wabote also advised foreign countries to stop accepting jobs

meant for African countries and instead encourage the domestication of petroleum jobs in Africa. In the same vein, the Group Managing Director of the Nigerian National Petroleum Corporation, (NNPC), Dr. Maikanti Baru said Nigeriaâ€™s collaboration with Morocco to construct a gas pipeline that would traverse at least 15 West African countries and connect to existing gas lines in Europe was the kind of collaboration African oil producers should pursue. Baru noted that the feasibility study for the trans-border gas line had been concluded, while the pre-Final Investment Decision (FID) as well as greenfield optimisation study are currently ongoing. â€œThis pipeline will help in the industrialisation of these countries. It will also meet the needs of consumers for heating and other uses. We see gas as a fuel to take Africa to the next level. New gas discoveries have been recorded offshore Senegal, Mauritania, Mozambique and are in various stages of development. â€œNigeria is also targeting to take FID on NLNG Train 7 this year. So African countries need to collaborate and trade among each other not only in terms of oil and gas but also in other key sectors so that the multiplier effect is seen across our various economies,â€? Baru said.

OPPOSITION UNRELENTING AS SENATE CHALLENGES ONNOGHENâ€™S SUSPENSION AT SUPREME COURT constitutionality of the executive action. The Senateâ€™s legal challenge was one of the many rebuke of what many legal and social critics, home and away, regard as the overbearing disposition of the executive that violates the principle of separation of powers distributed among the executive, legislative and the judicial arms of government by the 1999 Constitution as altered. The Nigerian Bar Association (NBA) in its remedial response asked all lawyers to stay away from courts for two days, in the first instance, in protest of the presidential action it said was reckless and unconstitutional. And perhaps overwhelmed by the array of legal authorities put up by Onnoghenâ€™s intimidating legal team and upbraiding by the public, the Code of Conduct Tribunal (CCT) adjourned indefinitely, the arraignment of the CJN, its proceedings having been stayed by the Court of Appeal last Thursday. Onnoghen is being arraigned by the Code of Conduct Bureau (CCB) for alleged non-declaration of assets. While the arraignment was being opposed by the CJNâ€™s legal team and a stay of proceedings obtained at the appellate court, the president announced the suspension of the apex courtâ€™s boss, citing the CCT exparte order, and swore in Onnoghenâ€™s deputy, Justice Ibrahim Muhammad as acting CJN. The uproar generated by the presidential action became deafening yesterday with the Senate challenging at the Supreme Court, a statement by media aide to the Senate

president, Alhaji Yusuph Olaniyonu, said. Olaniyonuâ€™s statement was preceded by that of the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, who warned Buhari not to hide under the pretext of anti-corruption war to subvert the countryâ€™s democracy and its institutions. But, the Minister of Information and Culture, Alhaji Lai Mohammed, at a press conference yesterday in Abuja, described Buhari as an acknowledged democrat, and stoutly defended his decision to suspend the CJN. His party, the All Progressives Congress (APC), however, described as unfortunate and unacceptable the concerns expressed by the international community over the action against Onnoghen and its implication for the forthcoming general elections.

Senate Heads to Court, Says Reconvening Subjudice The Senate, according to Olaniyonu, is asking the Supreme Court to determine whether the president acted within the provisions of the Constitution when he suspended the CJN. It is also asking the apex court to determine whether the action of the president does not amount to usurpation of the powers of the Senate as provided for in Section 292 of the constitution. He said following the filing of the case, the matter of the suspension of the CJN, which was the main issue for which

the Senate had planned to reconvene on Tuesday, had become subjudice. "In line with the standing rules of the Senate not to debate issues, which are already pending before the court, the reconvening of the Senate tomorrow has been put off. The previous adjournment of the Senate till February 19, 2019 stays," he stated. However, sources told THISDAY that the decision to seek judicial interpretation of Buhari's suspension of Onnoghen was arrived at on Sunday night at the meeting of Senate principal officers held at the Maitama, Abuja residence of Senate President, Dr Bukola Saraki. The principal officers at the meeting who keyed into the idea along with Saraki are Deputy Senate President, Senator Ike Ekweremadu; the Senate Leader, Senator Ahmed Lawan (Yobe North); Deputy Senate Leader, Senator Bala Ibn Na'Allah (Kebbi South); Chip Whip, Senator Sola Adeyeye (Osun central); and Deputy Whip, Senator Francis Alimekhena (Edo North). Others are the Senate Minority Leader, Senator Abiodun Olujimi (Ekiti South); Deputy Minority Leader, Senator Emmanuel Bwacha (Taraba South); Minority Whip, Senator Philip Aduda (FCT) and Deputy Minority Whip, Senator Emmanuel Paulker (Bayelsa Central). Also yesterday, the Clerk of the Senate, Mr. Nelson Ayewoh, issued a formal statement, cancelling the reconvening of the Senate earlier scheduled for today. Ayewoh, in the statement entitled, â€œCancellation of Senate Resumption in Plenaryâ€™â€™

informed all senators that the resumption in plenary scheduled for Tuesday, January, 29, had been cancelled. According to the Clerk, "The scheduled date of resumption in Plenary earlier fixed for Tuesday, February 19, remains, please." But Lawan has faulted the decision by the leadership of the Senate to approach Supreme Court on Buhari's suspension of Onnoghen. According to him, there was never any meeting of the Senate leadership where such decision was taken. He, therefore, distanced the APC caucus from the decision. In a statement he personally signed and made available to newsmen late yesterday, Lawan said, "The APC caucus dissociates itself from the said request for legal interpretation of the suspension." Meanwhile, the caucuses of both the APC and the PDP in the Senate still met in Abuja yesterday to take a position on the planned reconvening of the Senate. As at 7p.m. yesterday, the two caucuses were still meeting at different locations in Abuja as some of the Senators confirmed to THISDAY through text messages that they were still meeting on latest development in the country. All the 56 APC Senators were also billed yesterday to attend a dinner by 8pm to be hosted by President Muhammadu Buhari at the Banquet Hall of the State House, Abuja.

Atiku Warns Buhari Atiku in his state of the nation address yesterday in Abuja,

called on Nigerians to vote out the â€˜â€™anti-democratic governmentâ€™â€™ and restore the country to the path of true democracy, which according to him, is the surest way to ensure progress and prosperity for the people. According to him, â€œYet again, our dear country is passing through a difficult moment. How we react to this challenge in the following days will determine the fate of our democracy, which has been brought to great peril by this needless crisis engineered by a government that is unwilling to subject its conducts to the requirements of our constitution.â€? Atiku stated that the latest action of Buhari falls squarely within the pattern of â€˜â€™executive lawlessnessâ€™â€™ that has now been firmly turned into statecraft by the APC-led government. He commended all Nigerians and friends of Nigeria, who have expressed outrage over the unlawful removal of Onnoghen, describing it as a flagrant breach of the countryâ€™s constitution and a frontal assault on the countryâ€™s democracy. He warned that to create a condition that allows the Constitution and the rule of law to become secondary to any other agenda is to pave the way for tyranny, saying that history is replete with odious dictators whose path to dictatorship started with statements of good intentions, and advised Nigerians and the international community to remain vigilant in defence of the nationâ€™s democracy. The PDP presidential hopeful warned the APC government to desist from

taking actions that might push the nation further down the slippery slope towards a major constitutional crisis that could derail the electoral process, advising Buhari to remember that he was a beneficiary of a free and fair election.

Buhari Avowed Democrat, Says Mohammed However, The Minister of Information and Culture, Lai Mohammed, described Buhari as an acknowledged democrat, and stoutly defended his decision to suspend the CJN. Dismissing the reports that the suspension signalled the beginning of dictatorship in the country, the minister said contrary to what the opposition had been saying, it was neither about the forthcoming elections nor a signal over the beginning of dictatorship. He said, â€œPresident Buhari is an avowed democrat, and this he has proven time and time again. This administration stands firm on the rule of law. This whole issue is about the countryâ€™s highest judicial officer, the Chief Justice of Nigeria, being accused of a breach of the Code of Conduct for public officers, and the legal and moral conundrum surrounding that. â€˜â€™It is about the suspicious transactions running into millions of dollars to the suspended CJNâ€™s personal accounts, all undeclared or improperly declared as required by law. â€œIt is about the Hon. Justice Onnoghen himself admitting to the charges that he indeed Continued on page 9

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NEWS

Lagos Assembly Threatens to Remove Ambode Gboyega Akinsanmi and Oladipupo Awojobi The disagreement between the Lagos State House of Assembly and the State Executive Council yesterday degenerated as the legislative arm threatened to remove the state Governor, Mr. Akinwunmi Ambode, over issues revolving around the presentation of 2019 appropriation. Consequently, the assembly asked the governor and Commissioner for Finance, Mr. Akinyemi Ashade, to appear before it within seven days to explain the spending of the state government while he had not presented the 2019 appropriation bill. The Speaker of the Assembly, Hon. Mudashiru Obasa, issued the summon at a plenary yesterday evening, when most lawmakers frowned at Ambodeâ€™s decision to send the 2019 budget to the assembly against the tradition of laying it before them. Ambode had sent the 2019 appropriation bill to the assembly on December 24 with a note requesting to formally present the budget on December 28.

But the assembly declined the request on the grounds that the lawmakers were on recess. Subsequently, the assembly agreed that the governor would present the appropriation bill penultimate Monday, January 21. But the lawmakers did not attend to the governor on the day the budget was scheduled for public presentation. But at the plenary yesterday, the lawmakers claimed that the governor had violated Sections 120 and 121 of the 1999 Constitution, noting that the sections explained the roles of each arm of government when it comes to financial expenditure. However, Section 122 states: â€œIf the Appropriation Bill in respect of any financial year has not been passed into law by the beginning of the financial year, the governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the state for the purpose of meeting expenditure necessary to carry on the services of the government for a period not exceeding six months or until

the coming into operation of the lawâ€Śâ€? After protracted deliberation yesterday, the speaker noted that it was important to give the governor a fair hearing over diverse issues revolving the presentation of the 2019 appropriation budget and the spending of the state government. Obasa said there â€œhas been violation of the constitution and infraction on the part of the governor. The Attorney General and Commissioner for Justice, Commissioner for Finance and Commissioner for Budget and Economic Planning ought to have advised the governor. They did not advise well. â€œThe most important thing is that we should let the people know that a budget that has been approved is already being spent. That was why we could not attend to the governor on the budget on Monday, January 21, when the budget should have been laid before the assembly. We must give him a fair hearing.â€? The speaker, therefore, called on the governor to appear before the assembly within one week â€œto explain

himself alongside the Commissioner for Finance. We can start gathering signatures for the removal. We can exercise patience and wait till another time.â€? The lawmakers reacted to a report presented by the Deputy Speaker, Hon. Wasiu Eshinlokun-Sanni as the Chairman of the Committee set up to look into the issues surrounding the 2019 budget during a parliamentary meeting of the lawmakers. Members of the Committee included Hon. Moshood Oshun, Chairman, House Committee on Public Accounts (State), Hon. Gbolahan Yishawu, Chairman, House Committee on the Environment, Hon. Dayo Saka-Fafunmi and the Chairman, House Committee on Works and Infrastructure, Hon. Abiodun Tobun. Eshinlokun revealed that the committee met with the Commissioner for Budget and Economic Planning, Mr. Segun Banjo, who according to the deputy speaker claimed, no money had been spent for the year. He said that the Accountant General and Commissioner

for Justice, Mr. Adeniji Kazeem told the committee that warrant had been issued that they could spend up to 25 per cent of the preceding budget before the approval of the 2019 budget. He said that they should have approached the assembly if they wanted â€œto spend up to N200 million. We pointed out that the Governor ought to lay the budget of the New Year before December 31. But the budget was yet to be laid. "We asked them to bring out the law that allows them to spend up to 20 per cent of the budget of the preceding year. They could not bring out such law and we said what they did was wrong. We discovered that people have started receiving alerts and this has a grave implication for the executive. â€œIt is our finding that for smooth running of government, there must be a strict adherence to the constitution and it must not be violated. "We decided to bring the report before the lawmakers for us to take action,â€? the deputy speaker said. During the plenary, Hon. Gbolahan Yishawu revealed

that the Committee on Budget discovered during budget appropriation review that there were some specific expenditure in the budgets that ought to have been approved by the House over which funds were expended. Yishawu stated that these were misnomers, and that they noticed variation in the expenditure and budget approved. We had issues of virement and monies being spent without approval. We had cases of items that were not budgeted for being carried out, it shows the executive rewrite the budget at will. "The 1999 Constitution states that the state House of Assembly must approve all expenditures. Things are shutting down. Things are being slowed down. It was as if the executive was tired and that the people were complaining. "It is as if nothing is happening in the state. Breach of the constitution and gross misconduct are being committed here, and the punishment is clear. We should begin an impeachment process if need be if the executive does not retrace their steps.â€?

welcome the development and we express profound appreciation to the CBN for its commitment to driving financial inclusion through technology. â€œWe have commenced the process of applying for a license as we believe that we are at a vantage position to empower and connect more Nigerians as well as deliver

mobile banking services to the door steps of the financially excluded. On his part, the Chief Executive Officer of MTN, Mr. Rob Shuter, had said after securing the licence, it would be followed by a concerted financial-services roll out in 2019 to its more than 60 million Nigerian subscribers.

BANKS STRATEGISE FOR INCREASED COMPETITION AHEAD OF PSBS of financial services to the

retail and MSME segments leveraging technology. According to the financial institution, fintechs have been able to achieve a fair disruption of the retail banking landscape through the deployment of simplified banking services which has revolutionised the service offerings of commercial banks.

â€œIt is however believed that their capacity to effectively gain significant market share is limited without collaboration. â€œThe relative ease with which fintechs approached and gained market share in the retail lending space, a hitherto unserved market, has prompted commercial banks to give this more focus. â€œWe

expect to see an increase in competition amongst banks to capture market share in the retail and micro/small business space over the course of 2019,â€? it added. MTN Nigeria and Airtel Nigeria recently announced plan to set up a PSBs in Nigeria. Airtel had commended the CBN for issuing guidelines for

licensing of PSBs in Nigeria, saying the move would help promote financial inclusion as well as enhance access to financial services to the rural poor, low income earners and financially excluded of the society. The Chief Executive Officer and Managing Director of Airtel Nigeria, Mr. Segun Ogunsanya, had said, â€œWe

OPPOSITION UNRELENTING AS SENATE CHALLENGES ONNOGHENâ€™S SUSPENSION AT SUPREME COURT failed to follow the spirit and letter of the law in declaring his assets, calling it a mistake. And it is about him refusing to take responsibility, instead opting to put the entire judiciary on trial.â€? He claimed Onnoghen was given fair hearing but abused his position and the judicial process by filing â€œfrivolous applications and even dodging service of processâ€?. The Minister of Information and Culture accused a section of the media of taking sides.

APC: Foreign Intervention Unacceptable Meanwhile, the ruling APC has described as unfortunate and unacceptable the concerns being expressed by the international community over the suspension of Onnoghen and its perceived impact on the forthcoming general elections. In a statement issued on Monday by the National Publicity Secretary of the party, Mallam Lanre Issa-Onilu, he said that it is completely untenable to insinuate any attempt on the part of the government to rig elections. "Against the backdrop of statements by some foreign concerns over Justice Onnoghenâ€™s suspension visa-vis forthcoming general elections, we strongly advise that they are abreast with our laws and procedures. A situation where these foreign concerns come across as meddling or being misled or influenced by bogus partisan

narratives is unfortunate and unacceptable," it said. APC said both PDP and Atiku have been asking the international community to intervene in Onnoghenâ€™s suspension as if the international community is not supportive of the fight against corruption. The party said that the government is resolved to do away with a situation "where the rich and powerful are above the law; a Nigeria riddled with corruption and disregard for set down rules and laws as enshrined in the constitution; a Nigeria where institutions of government are manipulated and exploited for the benefit of a few privileged. While alleging that the PDP and Atiku have perfected plans to use the judiciary as a trump card to hijack the electoral process and assume power, APC said president Buhari's move has put a wedge to it.

CCT Adjourns Onnoghen's Trial IndeďŹ nitely At the CCT yesterday the arraignment was adjourned indefinitely pending the decision of the Court of Appeal in an appeal brought before it by Onnoghen. A two-man panel of the tribunal led by the CCT Chairman, Danladi Umar, said the adjournment was in compliance with the Court of Appeal order made on January 24, which put the trial on hold till Wednesday January 30. "In view of the order of

the Court of Appeal and out of respect for the Court of Appeal, this matter is hereby adjourned sine die pending the decision of the Court of Appeal in the matter", the tribunal held in a short ruling yesterday. The CCT had on January 22 adjourned to yesterday for hearing on the motion filed by Onnoghen, challenging the tribunal's powers to hear the charge against him. At the resumed hearing yesterday, CCT Chairman, Mr. Danladi Umar, and another member, Mrs. Juli Anabor sat, while the third member of the panel, Mr. Williams Atadze, was however absent. Atadze had given a dissenting ruling on January 22 holding that the tribunal ought to defer to the orders of the Federal High Court, FCT High Court and the National Industrial Court on grounds that a valid order of court must be obeyed until it was set aside. When the matter was called, counsel to the federal government, Mr. Musa Ibrahim, drew the tribunal's attention to the appellate court order and applied for adjournment pending the ruling of the Court of Appeal slated for January 30. The Defence Counsel, led by Chief Kanu Agabi, SAN, however, did not oppose the request for adjournment but complained bitterly of the challenges being faced by defence in obtaining the records of the tribunal. Meanwhile, another defence lawyer, Chris Uche, SAN, who

was mandated by Agabi to speak with journalists outside the court, disclosed that the defence was already probing the circumstances in which the tribunal issued the exparte order directing the president to suspend the CJN, pending the determination of the charge against him at the CCT. He said the defence was surprised on how the order was made, served and implemented even when the matter was already adjourned till January 28 for hearing of all pending motions. He said with the suspension of the, CJN it appears the complainant had already achieved its aim and the case looking lifeless but that the defence is hopeful that justice will still be done in this matter.

Police Seal off CJNâ€™s OfďŹ ce Meanwhile operatives of the Nigeria Police Force yesterday sealed off the office of the CJN. Confirming the development, the media aide to the CJN, Mr. Awusam Bassey, said the police operatives, who stormed the office premises in the early hours, sent staff members out of the office before taking it over.

Opposition Parties, Lawyers Storm NBA Headquarters In its remedial reaction, the Nigerian Bar Association yesterday resolved to embark on a two-day boycott of courts to protest the suspension of

Onnoghen. The NBA arrived at the resolution at its National Executive Council meeting in Abuja yesterday. â€œThe Nigerian Bar Association rising from her NEC meeting has decided to embark on a two-day warning boycott of courts all over Nigeria over the suspension of the Chief Justice of Nigeria by President Buhari,â€? the NBA said last night. The boycott of the courts starts today and continues tomorrow. Hundreds of opposition politicians, lawyers and civil society groups, had under the aegis of National Interest Defenders, earlier in the day stormed the headquarters of the Nigeria Bar Association (NBA) to protest the unconstitutional suspension of Onnoghen. The aggrieved protesters, who were led by the spokesperson of Coalition of United Political Parties, Ikenga Ugochinyere, were armed with placards with various inscriptions such as: "NBA must act now", "NJC must reconvene and expel Justice Tanko Muhammad for usurping the CJN office", "Removal of Onnoghen an act of treason", among others. Ugochinyere, while addressing journalists said it is shameful that President Buhari relied on the use of â€˜â€™forged and fictitiousâ€™â€™ tribunal order to purportedly suspended the CJN and appointed â€˜â€™a factional Chief Justiceâ€™â€™, knowing the illegality of his action. He said that the President

has â€˜â€™viciously, brutally and gruesomelyâ€™â€™ violated the constitution, which he swore to uphold. He said, "This is an act that amounts to gross misconduct and it most certainly warrants his removal from office. The National Assembly should as a matter of urgency and patriotism commence without delay the impeachment process of the President. "The National Assembly should immediately commence action for the removal from office, the Chairman of the Code of Conduct Tribunal, Mr Danladi Umar, who having criminal charges against him and still sits in office." He urged the NBA to call on the Attorney General of the Federation, Abubakar Malami and Vice President Yemi Osinbajo to resign for being complicit in the constitutional breach and face the disciplinary committee of the bar. He added that no provision in section 157 and 292 of the 1999 constitution as amended, supports the Presidentâ€™s action. Meanwhile a group of Tanko Mohammed supporters also stormed the NBA headquarters armed with placards with inscriptions such as "Onnoghen should resign and save judiciary", "In Japan the CJN would have committed suicide," PDP + Onnoghen = Corruption," and so on. The group chanted songs, insisting that Buhari was right to suspend the embattled CJN, calling for him to quickly resign.

TUESDAY JANUARY 29, 2019 ˾ T H I S D AY

NEWS

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

Agbakoba Submits Petition against Acting CJN to NJC AGF sends allegations against Onnoghen to judicial body 25 lawyers want court to quash CJN’s suspension Segun James A former President of the Nigerian Bar Association (NBA), Mr. Olisa Agbakoba (SAN), has petitioned the National Judicial Council (NJC), asking it to determine the propriety of Justice Tanko Muhammad accepting to be the acting Chief Justice of Nigeria. Also, ahead of the emergency meeting of the NJC today, the Office of the Attorney-General of the Federation (AGF) has sent a list of criminal allegations against the suspended Chief Justice of Nigeria (CJN)Justice Water Onnoghen to the judicial body, TheCable reported. This is coming as 25 constitutional lawyers yesterday dragged President Muhammadu Buhari before the Federal High Court in Abuja to challenge what they termed as illegal suspension of Onnoghen. In a statement from his chambers yesterday, Agbakoba said he submitted his petition to the NJC, asking it to determine the propriety of Justice Muhammad accepting to be sworn-in by the president in place of Onnoghen. According to Agbakoba, by submitting himself to the president to be sworn-in as acting CJN,

Justice Muhammad lent himself to constitutional infraction by the executive arm of government. Agbakoba recalled that Justice Muhammad was part of an NJC panel that sanctioned Justice Obisike Orji of Abia State for allowing himself to be swornin as Abia State Chief Judge by the state governor without the recommendation of the NJC. Agbakoba said, “It is a matter of regret that Justice Muhammad, who participated in this process, will lend himself to this constitutional infraction.” Insisting that the president violated the law in suspending Justice Onnoghen, Agbakoba cited Section 153 of the constitution, saying the law was clear on how a CJN could be removed. He said, “The Constitution is clear about the procedure for suspending or removing the Chief Justice of Nigeria. “The Chief Justice of Nigeria can only be removed on the recommendation of the NJC. See Section 153 (1), Paragraph 21 (a) of the 3rd Schedule and Section 292 (1) (a) (i) of the Constitution of the Federal Republic of Nigeria 1999 and the Supreme Court decision in Elelu-Habeeb v AGF (2012) 40 WRN 1.

“Justice Muhammad is fully aware of the state of law, yet presented himself to be sworn in by the president.” Meanwhile, ahead of the emergency meeting of NJC today, the Office of the Attorney-General of the Federation (AGF) has sent a list of criminal allegations against Onnoghen to the body, TheCable reported. Insiders at the Federal Ministry of Justice said the petition contains a number of damaging allegations

against the CJN, including bank statements and title deeds of properties said to have been traced to him. The figures involved are said to be in billions of naira and several millions of dollars — as well as dozens of houses. In a related development, 25 constitutional lawyers yesterday dragged President Buhari before the Federal High Court in Abuja to challenge what they termed as illegal suspension of Onnoghen. The plaintiffs, led by human

rights activist, Mr. Johnmary Jideobi, posed two legal issues for the determination of the court. They prayed the high court to determine, “Whether by the combined interpretation of Section 153(1) (i) paragraph 21(a) of the 3rd Schedule and Sections 271, 291, 292 and 231 of the amended 1999 Constitution (and especially in view of the Supreme Court decision in Elelu-Habeeb vs. AGF (2012) 13 N.W.L.R. (Pt. 1318);), there exists any authority in the 1st defendant (Buhari) to suspend

the 4th defendant (Onnoghen) as the CJN? They also asked, “Whether by the combined interpretation of Section 153(1) (i) paragraph 21(a) of the 3rd Schedule and Sections 271, 291, 292 and 231 of the amended 1999 Constitution (and especially in view of the Supreme Court decision in Elelu-Habeeb vs. AGF (2012) 13 N.W.L.R. (Pt. 1318);) the purported suspension of the 4th defendant as the CJN by the 1st defendant on the January 25, 2019 is not unconstitutional?”

Conflicting Judgments Creating Uncertainty in Electoral Process, INEC Insists Adedayo Akinwale in Abuja The Independent National Electoral Commission (INEC) has again raised the alarm that conflicting judgments, especially by courts of co-ordinate jurisdiction at the High Court level, are putting the commission in a very difficult position and creating uncertainty in the electoral process. The Chairman of the commission, Prof. Mahmood Yakubu, disclosed this yesterday at the workshop for justices and judges on electoral matters held at the National Judicial Institute (NJI) in Abuja. Yakubu, who was represented by the INEC National Commissioner on Legal Matters, Ms. Agbamuche Mbu, said the workshop was coming at an auspicious time, barely two weeks to the 20l9 elections, saying there was no gain belabouring the obvious that elections in particular and democratic processes in general, are governed by legislations. The chairman said the inevitable disputes that arise in the course of democratic elections are adjudicated by the judiciary, stressing that there is no democracy without the rule of law and there is no rule of law without the Judiciary. Yakubu lamented two major areas of concern, which he said include the issue of conflicting judgments, arising from preelection and post-election cases, saying that as a firm believer in

the rule of law, the commission always obeys court orders or, where it is considered necessary, appeals them in the interest of justice. He revealed that there have been over 1,200 cases involving the commission since the 2015 general elections and not in a single case has the commission disobeyed a court order. Yakubu said, “However, conflicting judgments, especially by courts of co-ordinate jurisdiction at the High Court level, are putting the commission in a very difficult position and creating uncertainty in the process. “The court in one judicial division may order the commission on a particular course of action only to be contradicted by another court of coordinate jurisdiction from another division or even within the same division on the same subject matter. “Conflicting court orders are negatively affecting the consistency, neutrality, and public perception, not only of the commission, but the judiciary as well. There is therefore the urgent need to address the issue of conflicting judgments in order to engender certainty in the electoral process. “Our second area of concern relates to the lack of consequential orders by the courts after making findings on an issue and stating the position. In such cases, the commission is compelled to take a position relying on previous decisions of the Court on the subject.

PROMOTING SMALL BUSINESSES...

Chairman/CEO, Japan External Trade Organisation (JETRO), Mr. Hiroyuki Ishige (left), and Chairman, United Bank for Africa(UBA) Plc, Mr. Tony Elumelu, during the talk between JETRO and UBA to promote medium and small scale enterprises across Africa, in Lagos...yesterday

FG Planning to Eliminate Me, Ortom Cries out The Governor of Benue State, Mr. Samuel Ortom, yesterday raised the alarm that the federal government was plotting to kill him. Speaking during a media briefing in Abuja, the governor said the federal government should be held responsible if anything bad happened to him, adding that he was being persecuted. The governor further stated that the Economic and Financial Crimes Commission (EFCC) had been ‘chasing’ him and his staff. According to him, an unnamed cabal had taken over the President Muhammadu Buhari’s

administration. “All of us should stand up and chase away that cabal because we did not elect any cabal. I am being persecuted because the cabal doesn’t like me. They do all sort of things and the EFCC has been chasing me and my staff for the past 10 months. I am not afraid and I have not done anything wrong. “But they have been chasing me all over the place. Persecution is so much and they have been threatening my life. If I die today, the federal government should be held responsible. They are responsible because they are

planning to even eliminate me but I am not going to stop. I will continue to defend my people. The primary responsibility of any responsible government is to defend the people and provide security for lives and property.” The governor said he was ready to concede victory if he lost the governorship election in a transparent and credible electoral process. Ortom said he had paid workers’ salaries from January 2018 till date, adding that he was trying to raise funds to address arrears of gratuity and pensions.

He said when he was in the All Progressives Congress (APC), godfathers were impeding good governance in the state, claiming that this had stopped since he joined the Peoples Democratic Party. The governor added, “We are not intimidating our opponents. What we want is a free and fair election that will usher in credible leaders that the people want. As long as that happens, we have no issue. We are ready to concede defeat where the electoral process is transparent. But anything short of that will not be acceptable.

IG Names Lakanu, Lamorde, Four Others DIGs Sunday Okobi Acting Inspector General of Police Muhammed Adamu, has appointed six new Deputy Inspectors General of Police (DIGs). The new DIGs who were elevated from Assistant Inspectors General (AIGs) are Usman Tilli Abubakar, who joined the police from Kebbi State in February 1986; Abdulmaji Ali, who joined the police from Niger State in

February 1986; Taiwo Frederick Lakanu, who joined the police from Lagos State in February 1986 and Godwin Nwobodo, who joined the police from Enugu State in 1984. The remaining two new DIGs who were elevated from the rank of police commissioners are: Ogbizi Michael, former Abia State police commissioner, and Ibrahim Lamorde, a former chairman of the Economic and Financial Crimes

Commission (EFCC) who hails from Adamawa State. Lakanu was the Force Secretary until his appointment. The new DIGs were named yesterday morning, police sources said. Their elevation comes a day after Adamu retired seven DIGs who were his senior in order to pave the way for the constitution of a new management team with whom he could work comfortably. The affected officers were

Maigari Dikko, the DIG in charge of Finance and Administration and Habila Joshak, the DIG in charge of Operations. The remaining five DIGs are Emmanuel Inyang, Information and Communications Technology;Agboola Oshodi-Glover, Logistics and Supply; Mohammed Katsina, Research and Planning; Sani Mohammed, Training and Development; and Peace Ibekwe-Abdallah, Federal Criminal Investigation and Intelligence.

TUESDAY JANUARY 29, 2019 ˾ T H I S D AY

NEWS

FG, LASG Agree to Resolve Conflict over Control of Inland Waterways Gboyega Akinsanmi The federal and Lagos State governments yesterday agreed to resolve the constitutional conflict over the control and regulation of inland waterways, stressing that peaceful resolution of the protracted conflict “is in the best interest of Lagos and Nigerians. Also, the two governments agreed that their resolve to work out harmonious relationship would be without prejudice to the appeal filed by the National Inland Waterways Authority (NIWA) at the Supreme Court seeking an order against the decision of the Court of Appeal

sitting in Lagos. The new understanding was brokered yesterday at a meeting between the state governor, Mr. Akinwunmi and NIWA’S Managing Director, Senator Olorunnimbe Mamora, at the State House, Alausa. For about ten years, the Lagos State Inland Waterways Authority (LASWA) and its federal counterpart, NIWA have been locked in series of legal battle over the control and regulation of waterways within the state. At different times, a Federal High Court sitting in Ikoyi and a Court of Appeal sitting in Lagos had decided that the power and right to control

and regulate inland waterways lied with the state government. Dissatisfied with the decision of the appellate court, the NIWA appealed to the Supreme Court, asking the apex court to declare that the authority solely reserve the power to control and regulate waterways within states of the federation. At the meeting, Ambode said putting the perennial conflict between NIWAand LASWAbehind was the most patriotic thing “to do because it will in the best interest of all, especially the economic prosperity of the people.” He said without prejudice to

the matter currently before the Supreme Court on the issue, the state government nonetheless was ready to implement strategies to engender peaceful resolution of the grey areas and points of conflict in the overall interest of the people. Ambode said it was particularly instructive and beneficial that NIWA was being headed at this particular point in time by Mamora, saying the development “will translate to the end of hostilities that had been going on for decades between the federal agency and LASWA. “We are doing this not just for ourselves. We are doing it for Nigeria and Lagos. I believe strongly that the

appointment of Mamora is divine. Even prior to his assumption, there has not been any major complaint from the controversy between the state government and NIWA. “We are very happy for this. Let me reiterate here that I give my total support for the amicable resolution of the issue irrespective of the legal tussle that we have been having over the decades. We respect the rule of law. “We know whatever the decision of the Supreme Court, it will be implemented by the regulatory authorities. So, I am committed to anything that is outstanding. We will resolve the grey areas

amicably.” He commended the NIWA management for championing mutual relationship, thus directing the officials of the state government to dialogue with the NIWA team with the view of coming up with structured approach to solidify the partnership. “I give the go-ahead to all my management team and key officers to sit down with the management team of NIWA. Whatever grey areas should be resolved. I think in the areas that we have talked about, we can resolve issues relating to right of way, revenue and so on.

DSS Gave Me Dollars to Set Trap for Farouk Lawan, Otedola Tells Court Multi-billionaire buisnessman, Mr. Femi Otedola, who is a prosecution witness in the ongoing trial of a former member of House of Representatives, Mr. Farouk Lawan, over bribery allegation yesterday said the $500,000 offered to the defendant was from the Department of State Services (DSS). Otedola disclosed this before Justice Angela Otaluka of the FCT High Court, Apo while being cross examined by Mr. Mike Ozekhome (SAN), counsel to Lawan. He said the money was given to him by the DSS to set a trap for Lawan after he wrote a petition against him. Otedola accused Lawan of demanding $3 million as bribe from him to exonerate his oil company, Zenon Petroleum and Gas Ltd, from the alleged subsidy scam in 2012. He further told the court that the $500,000 was part payment of the $3 million being demanded by Lawan, which was eventually given to him under the supervision of the DSS. Otedola said he petitioned the DSS immediately Lawan demanded for the bribe.

“Lawan said he was going to exonerate my company after giving him the money, security cameras were mounted in my living room to capture the exchange of money between me and the defendant. “The video is with the DSS, the money was given to him in two tranches $250,000 each,” he said. When reminded by Ozekhome, that the best time “to catch a thief is when the operation is ongoing,” Otedola said he did not know why DSS failed to arrest Lawan at that moment. The judge, however, adjourned the matter till March 8 for continuation of cross examination of the prosecution witness. Lawan is being prosecuted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for allegedly collecting $500,000 out of $3 million bribe. The money was said to have been requested to remove Otedola’s company’s name from the list of firms indicted by the House of Representatives Adhoc Committee on Fuel Subsidy in 2012.

Buhari Meets Mbaka in Abuja President Muhammadu Buhari yesterday met behind closed doors with Rev. Fr. Ejike Mbaka of the Adoration Ministry Enugu, at the State House, Abuja. The News Agency of Nigeria (NAN) reported that Mbaka, who came into the villa in a private maroon BMW car, was accompanied by a lady. The outcome of the meeting between the president and Mbaka, which lasted for about 35 minutes, was unknown at the time of filing this report. Mbaka, who did not speak to journalists after the meeting, was once quoted as saying: “President Buhari is change, but former Vice President Atiku Abubakar is `bureau de change’.’’

Atiku is the presidential candidate of the Peoples Democratic Party (PDP) in the forthcoming general elections. Mbaka was also recently quoted in the social media as calling on Buhari to effect changes in his leadership style to cushion the hardships experienced by citizens. “So, let the will of God be done in Nigeria. It is like what I have been saying Buhari change or you will be changed,’’ he said while addressing members of his Adoration Ministry. However, Mbaka, during one of his sermons, predicted electoral victory for the president in the forthcoming general election as he did in 2015.

IT’S NICE MEETING YOU...

L-R: Emir of Kano, Mallam Muhammad Sanusi II; Sultan of Sokoto, Alhaji Muhammad Sa’ad Abubakar; and Vice President Yemi Osinbajo, at the 10th General Assembly of National Council of Traditional Rulers of Nigeria, held in Abuja... recently

Okorocha: APC Should Leave Imo Alone

Amby Uneze in Owerri

The Imo State Governor and the senatorial candidate of the All Progressives Congress (APC) for Imo West (Orlu zone), Rochas Okorocha, has appealed to the National Publicity Secretary of the party, Mr. Lanre Issa-Onilu, and those behind him to leave the Imo State chapter of the party alone after they had inflicted deep cut on the party by imposing a known Peoples Democratic Party (PDP) member as the governorship candidate of the party. Okorocha was reacting to the declaration by the national publicity secretary of the party

that he had been removed as the state Coordinator of President Muhammadu Buhari campaign council. According to a statement signed by Okorocha’s Chief Press Secretary, Mr. Sam Onuwemeodo, he stated that 24 hours to the presidential rally in Owerri, IssaOnilu had no other contribution to make to the event than to raise false and needless alarms and making disturbing claims. Onilu said APC had removed Okorocha as Imo State Campaign Coordinator, noting also that APC had alerted the Police, DSS of the plot to disrupt Owerri presidential rally by Okorocha and his son

in-law, Mr. Uche Nwosu. Okorocha said: “It is unfortunate that in their relentless effort to justify whatever they had eaten over the party’s gubernatorial ticket in the state, they have decided to be callous about the whole thing. Otherwise, they would have known that the APC presidential rally slated for Owerri on Tuesday is Okorocha’s event from A to Z. “In any case, Okorocha has never been the party’s state Campaign Coordinator. Okorocha is rather the President Buhari Campaign Coordinator. He was among those inaugurated by the president, so Issa Onilu and his group cannot remove who they

never appointed. His claim was borne out of ignorance. “To say the least, Imo State is calm. Okorocha is totally and duly in-charge. The presidential rally will take place and peacefully too. They had raised that false alarm to discourage the president from attending the rally like they did during the presidential rally for youths and women. “Does it not call for concern that the same folks, who said Okorocha and Uche Nwosu have been deserted by Imo people, are the same people now raising alarm that the duo has the capacity to disrupt the rally?”

Health Workers Threaten to Embark on Strike January 31 Martins Iﬁjeh The Joint Health Sector Unions ( JOHESU) yesterday gave the federal government January 31 deadline to resolve all disputes, and meet the unions’ outstanding demands, or face industrial action. JOHESU’s National Chairman, Mr. Josiah Biobelemoye, told the News Agency of Nigeria (NAN) in Lagos that the government had failed to adjust college skills for its members.

Biobelemoye also said the government had withheld April and May 2018 salaries of some union members that participated in the last strike. Other demands by JOHESU include the age-long struggle for recognition of consultancy cadre for eligible health workers and other outstanding allowances. The five affiliate unions of JOHESU are the National Association of Nigerian Nurses and Midwives, Nigeria Union of

Allied Health Professionals and Medical and Health Workers’ Union. Others include the Senior Staff Association of Universities, Teaching Hospitals, Research Institutes and Associated Institutions and Association of Medical Laboratory Scientists of Nigeria. Josiah said the unions would be compelled to embark on strike, if the government failed to meet its demands by January 31.

“There is a time limit which should have been 21 days, but now, it is over six months because there are still some issues that are unresolved,” JOHESU chairman said. He said the government breached its agreement with the unions after the last year’s strike, that none of its members should be sanctioned. “Non-payment of salary during strike was not part of the memorandum of understanding we signed with the government.”

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

T H I S D AY Ëž Ëœ Í°ÍˇËœ Í°ÍŽÍŻÍˇ

COMMENT

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

AN EVOLVING DRUG CONTROL RESPONSE IN NIGERIA Miwa Kato urges a balanced approach to drug control

rug dependence takes a terrible toll on an individualâ€™s health and well-being. However, the consequences of drug use are not limited to the individual - the illicit use of drugs can be emotionally, socially and financially catastrophic for the families of drug users and the communities where they live and work. These adverse effects are universal and not bound by geography, culture, religion or gender. Drug dependence and its impact on Nigeria have been a visible part of public debate in the past few years, but due to the clandestine nature of drug use, credible information that could inform evidence-based responses on this issue has not been readily available. This has now changed with the release of the first ever National Drug Use Survey in Nigeria in January 2019 conducted by the National Bureau of Statistics, Centre for Research and Information on Substance Abuse and the Federal Ministry of Health with the support of the United Nations Office on Drugs and Crime and the European Union. The number of past year drug users in Nigeria is staggeringly high at approximately 14.3 million people. This is an estimated 14.4 per cent of Nigeriaâ€™s population in the age group of 15 to 64 years. The data suggests that the prevalence of past year drug use in Nigeria is more than twice the global average of 5.6 per cent. Alarming is also the considerable use of prescription opioids (mainly tramadol and to a lesser extent codeine) and cough syrups for nonmedical purposes â€“ with 4.6 million people using these in the past year. This places Nigeria among the countries with high estimates of nonmedical opioid use globally. While cannabis is the most widely used drug globally and in Nigeria, use of opioids are responsible for most of the negative health impacts of drug use. Over the past 20 years, West Africa has become a transit point for cocaine trafficking; worryingly the data now shows cocaine has become a drug of choice for use by a sizeable number of Nigerians. While the misuse of these substances is worrying, we have to also recognise that they have a legitimate medical use and it is important to ensure that such prescription opioids are made readily available to those who have a medical need. Any response at the policy and intervention level will need to be nuanced and be mindful of this complexity. The gender dimension is an important, yet lesser known aspect of drug use in Nigeria. One in four drug users in Nigeria is a woman, yet less than 5% of those in treatment for drug use are women. A key question is whether enough is being done currently to support Nigerian women to deal with their drug use. There is a clear gap in meeting the needs for treatment and care for people with drug use disorders. With close to three million Nigerians living with some level of drug dependence, the extremely limited availability of drug counselling and treatment services exacerbates this health crisis. Any response on drug use needs to be rooted in an understanding of the nature of the condition. Drug dependence is a chronic relapsing medical condition. The reasons why people use drugs are complex and

ONE IN FOUR DRUG USERS IN NIGERIA IS A WOMAN, YET LESS THAN 5% OF THOSE IN TREATMENT FOR DRUG USE ARE WOMEN. A KEY QUESTION IS WHETHER ENOUGH IS BEING DONE CURRENTLY TO SUPPORT NIGERIAN WOMEN TO DEAL WITH THEIR DRUG USE

are based on various social and health vulnerabilities - not on factors such as personal weakness or lack of morals. In the past, drug responses have focussed mainly on criminalisation and law enforcement. However, globally and in Nigeria the approach to drug control has shifted treating drug use first and foremost as what it is - a health issue. In the pursuit of a â€œbalanced approachâ€? the focus has been increasingly on drug use prevention, treatment and care. In Nigeria, this balanced approach is an underpinning principle of the National Drug Control Master Plan 2015 â€“ 2019 and should be even further strengthened in the new National Drug Control Master Plan 2020-2024 presently being developed by government. The release of the National Drug Use Survey is an opportunity for Nigeria to evaluate its national response to drugs and to take it to the next level. Recognising the seriousness of the issue, in late 2018, President Buhari inaugurated the Presidential Committee on the Elimination of Drug Abuse. Under the leadership of First Lady Aisha Buhari and Brigadier General Buba Marwa, the committee is tasked to provide recommendations on addressing the issue of drugs in the country in all its dimensions. Furthermore, the Federal Ministry of Health has established a Drug Demand Reduction Unit that works in collaboration with the National Drug Law Enforcement Agency (NDLEA). The NDLEA itself has taken positive steps to improve its counselling services through capacity building and monitoring of staff. Indeed, since 2014, with European Union funding, the UNODC has trained over 2,000 Nigerian health professionals in evidence- based drug treatment and counselling methodologies. Effective action will require evidence based and integrated responses that are sustained in the long term and utilize the considerable expertise and experience available in Nigeria. The extent of the problem is such that it cannot be addressed alone by any single entity within the government or indeed even by the government alone. In particular, in the area of drug counselling and treatment, there is a need to move from the hospital-based model to models that are affordable and offer integrated treatment in the community. These community-based services should offer access to a menu of ethical, evidence-based treatment options from which clients can choose depending on their level of drug use and dependency. As we move forward, I am hopeful that the country will build on and continue to employ a balanced approach to drug control. This strategy could not only increase access to drug treatment services, in particular for women, but also shift law enforcement responses away from the arrest of drug users to focus on targeting mid to high level drug traffickers. At the same time, such a balanced approach could go a long way to ensure availability of essential medicines while preventing their diversion for misuse. Ms. Kato is the Director, Division for Operations of the United Nations OfďŹ ce on Drugs and Crime at Vienna

ONNOGHEN: IS BUHARI A HOSTAGE? Members of the bar, civil society organisations and others must compel proper conduct by the presidency, writes Sufuyan Ojeifo

ho misadvised President Muhammadu Buhari to suspend the Chief Justice of Nigeria (CJN), Samuel Walter Nkanu Onnoghen, using the instrumentality of an ex-parte order procured at the black market? Here, Danladi Umar and Julie Anabor apparently re-scripted the Code of Conduct Tribunal (CCT) engagement rules last week, in Onnoghenâ€™s alleged non-declaration of assets case pending before the tribunal. The order lacked the imprimaturs of a properlyconstituted and convened CCT. The name of the prosecution counsel that moved the ex-parte application on which the order was made was not indicated in the order. Besides, it has been confirmed that the CCT made the order in chamber after it had adjourned to the following week to rule on the preliminary objection challenging its jurisdiction. The ex-parte order was apparently made at the behest of forces that were not before the CCT to bolster the position of its (order) beneficiaries. Umar and Anabor conspired with external forces to expose the judiciary to ridicule. But it must be noted that ex-parte orders can be vacated. But as in this particular instance, can the mischief occasioned by the order be cured amid the constitutional crisis that has been set off? As it were, going by the plethora of reactions to Buhariâ€™s action, the preponderant disposition is that Justice Tanko Mohammed who was sworn in as the acting CJN is an alien in the saddle as Onnoghen remains the constitutionally-recognised CJN, having not been removed from office in line with the laid-down constitutional procedures. Remarkably, all suits in respect of the Onnoghen issue are pending before some courts, including the Court of Appeal, Federal High Court and the CCT, regardless of the curious manufacturing of the order on which Buhari based the ad hoc interdiction of Onnoghen. What baffles in all of this is the position of

Vice-President Yemi Osinbajo (SAN). Where was the vice-president, a brilliant lawyer by all standards, who should have helped the presidency to navigate the storm and guide it through the legal jigsaw puzzle, when the resort to this aberration was endorsed? Was he consulted at all to enlighten the presidency on the right step to take? Or, did the â€˜rulingâ€™ cabal pull a fast executive coup against the Constitution and judicial arm of government like a bolt from the blue, without carrying Osinbajo along? But when I remember that Osinbajo had initially defended Buhari as having no knowledge of the Onnoghen travails, I find it difficult to vouch for the sincerity of Osinbajo in the light of Onnoghenâ€™s suspension. It is difficult to believe that Osinbajo did not have a foreknowledge of this action. Assuming without conceding that Osinbajo was in the dark, it then obviously leaves the Attorney General of the Federation and Minister of Justice, Abubakar Malami (SAN) at the top of the command-room where the plot was hatched. But the stratagem was lacking in perfection because of the slipshod manner in which it was pushed through. The power hawks fencing in Buhari obviously misguided him to deploy, though wrongly, the powers of his office to suspend Onnoghen and swear in Tanko Mohammed. Although, there have been reports that Buhari is already in a desperation mode for re-election and therefore not expected to decline or discourage moves that would conduce to the realisation of his second-term bid, it is moot if the president actually thought through the processes adopted and understood their ramifications. However, if the claims in certain quarters that Buhari had vowed, as far back as sometime last year at a secret meeting, not to hand over power in the event of his defeat in the February 16 election are anything to go by, then explications can be provided within the context of those unconfirmed claims to rationalise the current extreme anxiety that has engulfed the presidency and its officials.

This brings me to the possible role Malami must have played in this odious act, which has been roundly condemned by well-meaning Nigerians, especially members of the Bar and the international community, especially the United States (US), the United Kingdom (UK) and the European Union (EU). The international dimension of the criticisms is instructive and it is hoped that Nigeriaâ€™s presidency will be prudent and act to cure the mischief it has caused by its precipitate action. I hope Malami, in his solitude, would be able to review the macabre dance into which he has drawn the presidency and soberly convince himself that he has misguided his political godfather and hero, Buhari, into a reckless self-help that has unmasked and projected his principal as a full-blown dictator. Is it not sad, in this circumstance, that Buhari, who had been neatly dressed in the garb of a democrat in the period leading up to the 2015 presidential election, has finally had his â€˜coverâ€™ blown? That Malami helped to blow this â€˜coverâ€™ represented a shocking faux pas fed by his lack of gravitas and inability to deploy strategic and brilliant application of the law to manage his mandate. I personally did not expect Malami to take the president through this trajectory. Knowing that the president depends greatly on him for legal advice, he would have long before now strategically gone about demonizing Onnoghen within the NJC over which he (Onnoghen) presides. He would have lobbied a majority of the NJC members ahead of the submission of the petition to it, knowing full well that once the NJC was activated to consider the petition, Onnoghen, being the subject of the petition, would have recused himself and the Deputy Chairman of the NJC who is the next most senior justice on the Supreme Court bench would have presided over the consideration of the petition. If Onnoghen was indicted, the report would be sent to the president. From there, two options would be available: one is to cause Onnoghen to be

arraigned before the CCT or to cause a report or an address to be sent to the Senate in accordance with Section 292 of the Constitution, which if supported by two-thirds majority, results in Onnoghenâ€™s removal. For circumventing the due process stated supra and following Vladmir Putinâ€™s â€œnecessary processâ€? of fighting corruption in a corrupt system, Malami has caused Buhari, by his action on Onnoghen and swearing in an acting CJN, to suspend the Constitution of the Federal Republic of Nigeria. The concomitant result is the foisting of fascism on the polity. But I doubt if Buhari is comfortable with the flak his action has attracted. The reason I believe he is not comfortable is that this Buhari may be accused of nepotism - and I will concur while he may not as well give a damn. But one thing that I am disposed to believe that he cannot be accused of, even by his foes, is thievery. Now, there is a possible second ground of accusation: totalitarianism. Is Buhari capable of replicating the action of Louis X1V of France who emasculated the judiciary and the legislature and even went to the front of the parliament and declared, thumping his chest: â€œlâ€™est tat câ€™est moiâ€?, meaning â€œI am the state.â€? Regardless, I will still ask the question: Is Buhari now the Nigerian state? Maybe! And maybe not! Nevertheless, I urge well-meaning Nigerians to help stop or free Buhari from the stranglehold of the â€œrulingâ€? cabal that may have hijacked him. Members of the bar, civil society organisations, et al, must embark on necessary positive actions to compel proper conduct by the presidency. As I write, the Senate had already announced its plan to reconvene. I do not need a crystal ball to know that the Senate would pass a resolution declaring Buhariâ€™s action a nullity and, to put it mildly, directing him to refrain from actions that could plunge Nigeria into constitutional crises. Ojeifo contributed this piece via ojwonderngr@ yahoo.com

T H I S D AY TUESDAY, JANUARY 29, 2019

EDITORIAL Critical Issues In The NHIS Act The National Health Insurance Scheme should be comprehensive and compulsory

ost of the countries that have made appreciable progress in achieving universal health coverage (UHC) have also implemented some form of comprehensive governmentled health financing reforms. Unfortunately, despite a comprehensive reform of the sector and the law already put in place, a large percentage of the population is not covered by any health insurance schemes. That is perhaps because the scheme is driven by the executive at the federal level rather than by the three tiers of government and the private sector. Many of the states and local governments are yet to come on board. In Nigeria today, hundreds of thousands of citizens die on account of lack of access to quality healthcare which a functional health insurance scheme could have guaranteed at all levels. Admitted that there can never be a one-size-fits-all model for guaranteeing health insurance for the HOW TO GET THE society, we however STATES AND LOCAL believe that the defining problem with GOVERNMENTS the National Health AS WELL AS Insurance Scheme PRIVATE SECTOR (NHIS) is the systemORGANISATIONS wide inequalities in ENLISTED IN THE its implementation SCHEME SHOULD which has resulted in the lack of financial BE THE OVERRIDING protection for the OBJECTIVE OF ANY care needs of ATTEMPTS TO REVIEW health the vast majority of THE NHIS ACT Nigerians. Ordinarily, the main goal of the NHIS is “to facilitate fair-financing of healthcare costs through pooling and judicious utilisation of financial resources to provide financial risk protection and cost-burden sharing for people, against high cost of healthcare, through various pre-payment programmes prior to their falling ill.” But a scheme that is voluntary in practice cannot guarantee proactive protection for the country’s sick population.

Letters to the Editor

The Health Minister, Prof Isaac Adewole, recently disclosed that the act establishing the NHIS requires a comprehensive review in order to make it work more efﬁciently for Nigerians who desperately need comprehensive healthcare coverage. While we agree with Adewole on the need to strengthen the law governing health insurance with a view to getting wider participation and ensuring effectiveness, we do not agree that a review of the act should be concerned about the power of the governing board. The fact that other federating units outside the federal government do not participate in the NHIS makes it somewhat ineffectual. How to get the states and local governments, as well as private sector organisations enlisted in the scheme should therefore be the overriding objective of any attempts to review the NHIS Act.

I 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

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SANITATION AND POLITICS IN LAGOS

he saying is true that a sound body makes a sound mind. It is simply a matter of hygiene. That fact seems to be lost to those who govern Lagos State where refuse dumping on the roads and streets have become rampant and constitute a serious danger to the health of Lagosians. Yet in Lagos State, the party in power is seeking the election of its party’s candidate in the governorship elections in March this year without addressing the issue. Indeed in any other civilized environment the party should first and foremost issue an apology for the unhygienic environment created by a government of its own making before asking Lagos voters to vote for its candidate Mr Jide Sanwo- Olu . As if in confirmation of this odious fact the All Progressives Congress (APC) candidate has already affirmed that the removal of refuse which constitutes danger to the health of Lagosians would be the priority of his administration. This surely has put the party in the state in a strait jacket of responsibility for putting the health of millions of Lagosians in jeopardy with its sanitation policy but at the same time seeking the mandate of Lagosians to reward this health hazard policy with the reelection of another APC candidate as governor of Lagos State. Lagosians are not however deceived this time around. They know there is an alternative to the policy of a party that pursues a policy of endangering the lives of its citizens through refuse and dirt dumping on roads and streets with impunity as if there is nothing the populace can do about it. Certainly Lagosians know that Jimi Agbaje, the governorship candidate of the Peoples Democratic Party

ndeed, as it stands with the NHIS, only a small proportion of Nigerians have prepaid health care, and this is not right if we must keep a healthy population. To therefore achieve the UHC which the country has signed on to, we are of the strong view that strengthening and adopting a comprehensive social health insurance scheme would have to happen and quickly too. We also believe that reforming the country’s healthcare ﬁnancing through a review of the NHIS Act is critical to achieving the objective. The effectiveness of a social health insurance in Nigeria would also be strengthened with the inclusion of 36 states into the scheme, and getting them to set up and manage their own insurance schemes in line with the provisions of a reviewed NHIS. The beneﬁts of a health insurance scheme that works in a country like ours are many. One, the idea of cashless treatment for those insured makes it imperative for them to get immediate treatment in the course of sudden ill-health while the premium paid on health insurance is usually tax deductible. It is therefore important for the National Assembly to take into consideration all the factors that militate against the implementation of the NHIS Act and amend the law appropriately. Until we can extend health insurance to all citizens, the country’s push for UHC will be a mirage.

(PDP) is a well- known Pharmacist and knows the importance of the health hazards posed by the health policies of the APC and whose candidate Jide Sanwo- Olu is contesting for the governorship of Lagos State in the 2019 elections. Certainly, a pharmacist would know the implications of dumping refuse on people and the attendant danger and prospect of unleashing pestilence and disease on a fearful electorate which is even not unsuspecting, but is incredulous at the negligence of the APC on the matter. Some health experts have stated clearly that Lagos, because of this policy of refuse dumping remains one of the dirtiest cities not only in Africa but in the world. This is more so in market surroundings of the high population density and highly patronized Lagos markets where food stuffs are sold in an environment littered with refuse . That an outbreak of cholera and some such dangerous diseases have not been experienced can be attributed to protection and mercy of God. But certainly the negligence in handling the disposal of refuse safely and in consonance with decent environmental rules of sanitation and hygiene has become an albatross on the neck of the APC candidate Jide Sanwo-Olu. Unfortunately for him though he cannot disown the perfidy or crass negligence of carelessness of an APC government on the matter. To now claim he will reverse it if elected is to see Lagosians as orphans of refuse dumping who have no alternative to redeem themselves or a choice in who will help them out. Come March 2 in the governorship elections Lagosians will certainly vote for the PDP candidate Jimi Agbaje to rescue them from the impunity of refuse dumping. Enough is enough. Phillip Coker, Lagos

BETWEEN ADAMU ADAMU AND ABDULLAHI BICHI

r. Abdullahi Bichi Baffa, former Executive Secretary of the Tertiary Education Trust Fund (TETFund), said that Malam Adamu Adamu, the Minister of Education, orchestrated his sack from office because of his alleged refusal to pay 10 per cent kickback to contractors working for Malam Adamu. I’m not pro or against Dr. Bicchi, neither do I hold brief for the education minister. However, the case of Dr. Abdullahi Bichi Baffa has brought to the fore two salient issues: the educational level of Nigeria’s political leaders has increased considerably, but good governance in the country has reduced drastically. Some of Nigeria’s poor administrators are from the academia. The absence of an appreciable level of good governance in Nigeria despite the high educational level of its leaders is a strong indication that array of certificates in ones possession doesn’t

matter, but the individual character and behaviour. A professor or a PhD who teaches basic knowledge in the classroom, when given a political position or public office behaves like a motor park tout. Though, some educationists have observed that public office holders, who possess high educational qualifications and misbehave, did not earn such qualifications scholarly. Hence, they display disgraceful character in positions of authorities. Other people have also summed up the reason for the lack of good governance to the fact that most individuals in leadership positions in Nigeria are never prepared for the job. In a nutshell, the Nigerian system is so corrupted that the easy way to secure a public office is to have the right godfather or belong to the political party in power, whether at the centre or in state and during electioneering campaign. Zayyad I. Muhammad, Jimeta, Adamawa State

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

T H I S D AY ˾ TUESDAY JANUARY 29, 2019

POLITICS

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

PRESIDENTIAL PODIUM ‘Nigeria Needs Action Governance Through Improved Modules’ Oghenevwede Ohwovoriole

resources deposit; a country that has the youngest population, the youngest workers and the youngest human capital base. With that kind of potential, Nigeria can ill afford to be paying N30, 000.00 to its workers, that is way too small. The Sani administration have strategic plans to grow the economy, so that we can pay our workers at least N100, 000.00 minimum or more. On job creation, one of our policies is that we must have cottage industries in each senatorial district. If you go to any state in this country, you will find either of the following, cash crop, solid minerals, oil and gas deposits, or something that the state can export and earn foreign exchange. That is what other developed economies that we are trying to follow today in SMEs has done. We can create 5 million jobs per annum in this country. Why? Because the agriculture potentials of this country is unmatched by any country, our GDP can grow at a faster rate than even America that has 70% of their GDP from agriculture.

r. Yabagi Yusuf Sani, Presidential Candidate of the Action Democratic Party (ADP) is one of the leading lights in Nigerian politics and business. Born on July 1, 1954 he attended East Primary School, Bida and Technical Secondary School, Kotangora, Niger State. He later proceeded to the Institute of Technology, New York, USA. Since his graduation and completion of the mandatory one year National Youth Service Corp (NYSC) in Nigeria; he has been a key player in the Nigerian oil and gas sector where he has helped the government of Nigeria in the development of innovative schemes and strategies to block leakages in the ever porous sector. For several years, he was the head consultant to the federal government on the review of export guidelines for oil and gas and on the prequalification and appointment of oil and gas pre- Shipment Inspection Agents. He has also been a consultant, working directly under Nigeria’s presidency in the following areas: The Nigerian Extractive Industry Initiative (NEITI), Upstream and Downstream Hydrocarbon Measurement and Handling Study to determine amongst the reliability of information and data produced by the industry. Sani thinks Nigeria is at crossroads and needs urgent intervention through introduction of innovative governance modules to revitalize critical sectors of the economy.

Agriculture Agriculture use to be the mainstay of the Nigerian economy until the discovery of oil in the commercial quantity. Agriculture then was relegated to the background to the detriment of the nation. Luckily however, Nigeria is still blessed with diverse agriculture potentials which the government of Yabagi will exploit to grow the economy. In the agro-business, there are a lot of arable lands; over 33% of the lands in Nigeria are still very arable. So we are hoping that this can actually trigger the transformation we need. We will initiate cottage industries in the 774 local governments in the country to help process the agriculture products into a level of finished goods that will can export to gain Foreign Exchange. We will also embark on massive mechanization of agriculture and improved seedlings, including new farming methods, provision of fertilizers and provide credit facilities to farmers as it is done in India.

Power Infrastructure The Power sector has been in comatose generating only 10,000 megawatts of electricity for a population of 198 million people. The strategic sector of the nation’s life has been decrepit owing to poor investment and policy somersault and administrative inconsistencies. The Yabagi government will build new generation plants, whether thermal or hydro, and rehabilitate existing ones to increase Nigeria’s capacity. We will review the entire industry legal and regulatory framework to ensure market viability as well as well as boost power generation transmission and distribution. At the moment generating capacity is at 10,000 megawatts while transmission is barely at 5,000 megawatts. This is

Job creation

Sani

a serious shortfall for a country of nearly 200 million people. So, our solution will be to deepen investment in this sector and change the obsolete transmission equipment that has made it inefficient. We will embark on massive rural electrification projects to provide electricity access to at least 100 million Nigerians currently without access to grid electricity. The Yabagi government will give NERC more powers to perform their regulatory functions and above all improve the commercial content of the industry to enable more investors have confidence in the sector.

National Security Nigeria has in recent years been stampeded by a combination of the devastating Boko Haram terrorism especially in the North east of the

The policy thrust of the Yabagi government will be to overhaul the security architecture of Nigeria and give the security agencies motivation. We will increase the number of policemen and pay them well to do their work better. Our military will be equipped with sophisticated weapons to defend the nation and the Immigration and Customs will be reoriented to secure our borders and our territorial waters

country with huge consequences. Today 1.7 million people have been displaced in the north east following the Boko Haram insurgency. Nearly 30,000 lives have been lost since the insurgency began in earnest in 2009. In addition to the menace is the rampaging killing and destruction of farmlands by the Fulani herdsmen across the Middle Belt. Then there is the scourge of armed robbery, kidnapping, ritual killing that have become so pervasive in the country. These negative vices are consequent upon number of factors including high rate of unemployment, especially among the youth, illiteracy, extreme poverty, corruption, poor governance, politics of exclusion, ethnic and religious bigotry. The policy thrust of the Yabagi government will be to overhaul the security architecture of Nigeria and give the security agencies motivation. We will increase the number of policemen and pay them well to do their work better. Our military will be equipped with sophisticated weapons to defend the nation and the Immigration and Customs will be reoriented to secure our borders and our territorial waters.

Job Creation/ Minimum Wage It was quite pathetic that Nigeria has lost over 10 million jobs in the last three and half years. The GDP growth has plunged to 1.5%, inflation is now 11.26% and Nigeria is today the poverty capital of the world with 88 million of its people living under the poverty line. The Nigerian economy has the capacity to increase the minimum wage to at least N100, 000.00 to the least paid worker in Nigeria, we have the capacity. Nigeria is number six among the crude oil exporting countries in the world; number three among the gas exporting countries in the world; Nigeria has the largest population in the continent of Africa. Nigeria is considered among the next frontier with large natural

Nigerian people are hard-working but they need to be more creative and imaginative ways of exploiting and harnessing their energy and that is where we will come to back them with job driven policies. We will energize the entrepreneurship development and invest massively in the SMEs with active and controlled collaboration with the private sector to boost job opportunities. This is the only way we can forestall the crisis in this sector. The records are ugly such that Over 2 million new job seekers have entered the labour market each year, which indicates that the level of unemployment more than tripled in less than a decade: from 5.1% in 2010 to 18.8% in 2017. Unemployment even hit the women and the young people more which pegged at 33% just like the inadequacy of skill labour is as high as 70%. So we will do massive investment in human capital such that training, skill acquisition will gulp the 10% of our budgetary allocation and go into reflating economy. The ICT training is paramount in this era to prepare the Nigerian youth for the increasing challenges of the modern time. Creating jobs and economic opportunities for these people are critical to engage the people and reducing the temptation to criminal and violent conflicts. We will support and build cottage industries that have great potentials to increase the prospect and improve the entrepreneurial class especially. And with partnership with the private sector we will provide skills acquisition and vocational and entrepreneurial training. We will recalibrate the training programmes specific to some specialized skills relevant to certain sectors and by so doing we are certain to provide five million jobs annually.

Rights To entrench strong and effective governance module anchored on the tenets of democracy where freedom of people will be paramount in determining the acquisition of power and how it is exercised. It will provide new order that will work for the security of the people and provide enabling environment for them to nurture their dreams and realize their full potential.

T H I S D AY ˾TUESDAY JANUARY 29, 2019

STATE OF THE POLITY

Three Wise Men in the Race for Nasarawa Government House Emmanuel Ukumba writes that the contest for the oﬃce of governor in Nasarawa State is a threehorse race; featuring candidates of the All Progressives Grand Alliance, All Progressives Congress and Peoples Democratic Party

Ombugadu

ll things being equal, the governorship race in Nasarawa State is set to feature three titans who are equally matched in many respects. Perhaps, the race for the prestigious Government House, located along Shendam Road, Lafia has never been so hot. Against this backdrop, the towns and villages in the state have been flooded with billboards and posters with inscriptions of notable names of sons and daughter of the state, alongside their party’s logo, advertising their quest to replace the incumbent governor, Umaru Tanko Al-Makura.

Labaran Maku:

He has been described by political analysts in the state as a perennial governorship hopeful. Maku has a n i n t i m i d a t i n g p ro f i l e i n p u b l i c s e r v i c e ; s p a n n i n g f ro m a s t a t e c o m m i s s i o n e r, d e p u t y g o v e r n o r, minister of information and ministry of defence. He contested for the governorship of the state on the platform of All Progressives Grand Alliance (APGA),but came second; b e h i n d t h e i n c u m b e n t g o v e r n o r, U m a ru Ta n k o A l - M a k u r a , d u r i n g the 2015 general election. S i n c e t h e n , M a k u h a s re m a i n e d very active in the political activities of the state and beyond; hence he was elected as the National S e c re t a r y o f A P G A , t h e p o s i t i o n he holds to date. At several fora, he said he was anxiously waiting f o r t h e re l e a s e o f e l e c t i o n e e r i n g timetable for the 2019 general election to continue his struggle to occupy the Number One seat in the state. Maku is viewed by many as enjoying the sympathy of some people, considering his

Sule

eloquence and knowledge of the historical heritage of the state, which he uses to convince some w h o c a re t o l i s t e n t o h i m . Moreover, they also observed that given a level playing field, Maku c o u l d b e i n a t ro u b l e c o n s i d e r i n g h i s C h r i s t i a n b a c k g ro u n d , a n d a s well, communal identity-coming from the same Eggon ethnic nationality with the Peoples Democratic Party (PDP) governorship flag bearer, Emmanuel Ombugadu. This could mean that the Eggons people will split their votes, consequently giving the APC flagbearer, Abdullahi Sule; a Muslim, an upper hand. However, some school of thought believe that Maku’s journey to the Lafia Government House would end in doom considering his sour re l a t i o n s h i p w i t h t h e p e o p l e o f t h e s t a t e w h e n h e w a s a m i n i s t e r. Notable among these people are the Christian community in the state who claim that he failed to redeem all of his financial pledges t o s o m e c h u rc h e s . Though political observers have identified him (Maku) as one who parades with the most acceptable c re d e n t i a l s t o b e c o m e t h e n e x t governor of the state, the same people were also quick to fault the possibility of electing him because a c c o rd i n g t o t h e m , “ M a k u ’ s f a m e in the political sphere of the state w a s o n l y t r i g g e re d i n 2 0 1 5 g e n e r a l e l e c t i o n b y f o r m e r P re s i d e n t G o o d l u c k J o n a t h a n . T h e re f o re his (Jonathan) inactiveness in the political stream of Nigeria would, n o d o u b t , a ff e c t M a k u ’ s c h a n c e s to Lafia Government House.”

Abdullahi Sule:

He was born in Gudi Station,

Maku

Akwanga-west development area of Nasarawa state. He is not new in the political annals of Nasarawa state having contested for the governorship seat of the state in 2007 on the platform of the defunct Action Congress of Nigeria (ACN) and lost. Wa t c h e r s o f p o l i t i c a l e v e n t s i n the state foresee the victory for the APC governorship candidate due to the fact that Governor Al-Makura had four years ago planted all the APC structures in Nasarawa state from the wards to state levels. The g o v e r n o r u s e d t h e e x e rc i s e t o a f f i r m h i s g r i p o n t h e s t r u c t u re s o f the party in the state. I n v e s t i g a t i o n b y T H I S D AY re v e a l e d t h a t g i v e n t h e p re v a i l i n g p o l i t i c a l s t r u c t u re i n N a s a r a w a state chapter of APC, Sule looks g o o d t o w i n t h e N a s a r a w a g o v e rnorship race. Perhaps, political observers see h i m a s o n e o f t h e m o s t c re d i b l e candidates, if not the best, on the p l a t f o r m o f t h e A P C . H o w e v e r, t h e re a re i n s i n u a t i o n s k i c k i n g a g a i n s t h i s p re f e r re d c a n d i d a t e o n t h e p re t e x t t h a t h e h a s n e v e r a time been generous to an average member of the society in his life. Hitherto, the 2019 governorship hopeful was considered as a capitalist who doesn’t care for the less p r i v i l e g e d p e r s o n s i n t h e s o c i e t y. Coupled with the above insinuation, he is likely to face difficulties i n s e l l i n g h i s c a n d i d a t u re t o t h e Nasarawa electorate.

Emmanuel Ombugadu:

H e i s c u r re n t l y re p re s e n t i n g Akwanga/NasarawaEggon/ Wamba federal constituency in the National Assembly. Ombugadu is

the Nasarawa State governorship candidate of the Peoples Democratic Party (PDP). Although some political analysts s e e h i m a s a g o o d re p l a c e m e n t t o G o v e r n o r A l - M a k u r a a s re g a rd s to his consistency as a member of the National Assembly and t h e n u m e ro u s i n f r a s t r u c t u re h e has attracted to his constituency r a n g i n g f ro m h e a l t h , w a t e r a n d e l e c t r i c i t y. It was observed that the PDP f l a g - b e a re r h a s t h e s y m p a t h y o f women and youths of the state considering his youthful age, h e n c e h e h a s a l a rg e n u m b e r o f s u p p o r t e r s a m o n g t h i s g ro u p o f people in the state.” However, coming from the same C h r i s t i a n b a c k g ro u n d a n d e t h n i c g ro u p a s M a k u m a y w o r k a g a i n s t h i s v i c t o r y, a s t h e i r v o t e s m a y b e split, therefore unwittingly giving an advantage to the APC, candidate, Sule. Nevertheless, Ombugadu is rated as one of the least who has the capacity to govern the state because of the peculiar nature of issues confronting the state. Analysts observe that the lawmaker is rather a bench warmer who is always on the idle side. “He rarely sponsors motions, bills or makes contributions during d e b a t e s o n t h e f l o o r. H e i s o n l y u n p o p u l a r w i t h i n t h e c i rc l e o f lawmakers,” they posited. There is a strong sentiment against Ombugadu’s lukewarm attitude to the displaced Tiv farmers, as a result of the suspected herdsman attacks on Tiv settlements, as he never come to share in their travails by comforting them with relief materials. This is interpreted to mean that he cannot be trusted with governance of the state.

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

UTILIZATION OF FOREIGN EXCHANGE AS AT 25TH OF JANUARY 2019 S/N

CUSTOMERS

S/N

CUSTOMERS

S/N

CUSTOMERS

ADEFILA O. OMOLOLA

4,000.00 PTA

359.00 21-Jan-19

OBI PATRICK

4,000.00 PTA

359.00 23-Jan-19

121

ISITOR N. EMMANUELA

OKON E. ATIM

4,000.00 PTA

359.00 21-Jan-19

OSUAGWU INAINGO

4,000.00 PTA

359.00 23-Jan-19

122

CBN

70,129.29 IMTO TRANSFERRED TO CBN

357.00 24-Jan-19

EDO-OSAGIE E JUSTINA

4,000.00 PTA

359.00 21-Jan-19

CHUKWUMA HAPINESS

359.00 23-Jan-19

123

CBN

19,436.08 IMTO TRANSFERRED TO CBN

357.00 24-Jan-19

OJO B. MOGBONJU

5,000.00 PTA

359.00 21-Jan-19

OSAWARU PAULA

4,000.00 PTA

359.00 23-Jan-19

124

FRANK HENDRICKS

ONWUKA UKAEGBU

4,000.00 PTA

359.00 23-Jan-19

AMOUNT (US$)

PURPOSE

RATE DATE

AMOUNT (US$)

PURPOSE

RATE DATE

4,000.00 PTA

AMOUNT (US$)

PURPOSE

RATE DATE

837.40 PTA

359.00 24-Jan-19

4,500.00 PERSONAL HOME REMITTANCE

362.50 24-Jan-19

OLOKO O. ABDULKAREEM

3,000.00 PTA

359.00 21-Jan-19

125

ROOSKEY ELECTRICAL

32,470.00 AC MOTOR SINGLE PHASE

362.50 24-Jan-19

OKANLAWO A. ABIODUN

1,710.92 BTA

359.00 21-Jan-19

FATOKI OLATOYE

4,000.00 PTA

359.00 23-Jan-19

126

ROOSKEY ELECTRICAL

32,607.00 AC MOTOR SINGLE PHASE

362.50 24-Jan-19

AGBONIFO DENNIS

3,985.96 PTA

359.00 21-Jan-19

TAMUNOTONYE RICHARD

2,000.00 PTA

359.00 23-Jan-19

127

ROOSKEY ELECTRICAL

64,319.00 AC MOTOR SINGLE PHASE

362.50 24-Jan-19

CHINDA NNENDA

4,000.00 SCHOOL FEES

359.00 21-Jan-19

OSIMOBI UCHE

3,700.00 PTA

359.00 23-Jan-19

128

ROOSKEY ELECTRICAL

32,882.00 AC MOTOR SINGLE PHASE

362.50 24-Jan-19

AKPASUBI AFFIONG

12,047.00 SCHOOL FEES

359.00 21-Jan-19

OFFOR KENNETH

4,000.00 PTA

359.00 23-Jan-19

129

ROOSKEY ELECTRICAL

60,056.20 AC MOTOR SINGLE PHASE

362.50 24-Jan-19

OFFOR OGECHUKWU

4,000.00 PTA

359.00 23-Jan-19

130

JAWA INTERNATIONAL LTD

600.00 PTA

359.00 23-Jan-19

131

DAG INDUSTRIES NIG. LIMITED

3,500.00 PTA

359.00 23-Jan-19

132

OGUNMWONYI ILOBEKEMEN

DIKE L. NDIRICHUWKU

8,417.83 SCHOOL FEES

359.00 21-Jan-19

AGUBE E. IGNATIUS

5,796.50 SCHOOL FEES

359.00 21-Jan-19

DAVIDS TAMUNOKONBIA

ODUKOYA OLUKAYODE

13,407.00 SCHOOL FEES

359.00 21-Jan-19

AJILIMA-ILOMA HAWA

OLAOMI O. OLAYEMI

11,967.07 SCHOOL FEES

359.00 21-Jan-19

MUSTAPHA DELE TAJUDEEN

359.00 23-Jan-19

133

MADUDU J. JEUVEFO

4,000.00 PTA

359.00 25-Jan-19

CBN

90,940.64 IMTO TRANSFERRED TO CBN

357.00 21-Jan-19

MUHAMMAD K. JARMA

4,000.00 PTA

359.00 23-Jan-19

134

EZEH RAYMOND CHIBUZO

5,000.00 BTA

359.00 25-Jan-19

NKAGINIEME MARY

5,000.00 BTA

359.00 23-Jan-19

135

AGBO KENNETH O

1,675.00 PTA

359.00 25-Jan-19

4,000.00 PTA

33,960.00 PHARMACEUTICAL PACKAGING MATERIALS 711,410.00 BAJAJ MOTORCYCLE

363.00 24-Jan-19 361.80 24-Jan-19

4,000.00 PTA

359.00 25-Jan-19

CBN

25,060.43 IMTO TRANSFERRED TO CBN

357.00 21-Jan-19

AMTRONIC INVESTMENTS LTD

90,301.90 MASKING TAPE

307.40 21-Jan-19

SEIMODE GIFT

359.00 23-Jan-19

136

ZAID M. IYIOBI

1,600.00 PTA

359.00 25-Jan-19

KAM INDUSTRIES NIGERIA LIMITED

98,300.00 COLD ROLLING STEEL MILL

307.40 21-Jan-19

CHUKWUMA J. NNANOCHIE

4,000.00 PTA

359.00 23-Jan-19

137

MAUREEN C. UGWU

3,996.00 PTA

359.00 25-Jan-19

363.00 21-Jan-19

FRANK LYSIAS

3,186.98 PTA

359.00 23-Jan-19

138

SAGBE DAVIES TIMOTHY

3,996.00 PTA

362.50 21-Jan-19

RAUF L. ADEKUNLE

3,858.89 PTA

359.00 23-Jan-19

139

LIADI AYOKU ADEOYE

VISIGAH GIFT KABARI

1,287.10 PTA

359.00 23-Jan-19

140

3,865.24 PTA

359.00 23-Jan-19

NIGERIAN CARTON & PACKAGING LTD

ROOSKEY ELECTRICAL

51,840.00 HIGH DENSITY POLYETHYLENE 120,030.00 AC MOTOR SINGLE PHASE

3,600.00 PTA

359.00 25-Jan-19

14,999.62 SCHOOL FEES

359.00 25-Jan-19

USANGA JOHN

4,000.00 SCHOOL FEES

359.00 25-Jan-19

141

OGUNLEYE D. ANJOLAOLUWA

2,940.00 SCHOOL FEES

359.00 25-Jan-19

ROOSKEY ELECTRICAL

60,035.60 AC MOTOR SINGLE PHASE

362.50 21-Jan-19

GIVANAS NIG LTD

64,905.00 VEGETABLE FAT FOR INDUSTRIAL USE

363.00 21-Jan-19

AMAECHI CHIOMA

GIVANAS NIG LTD

235,095.00 VEGETABLE FAT FOR INDUSTRIAL USE

363.00 21-Jan-19

HAASTRUP G. MODUPE

1,288.41 PTA

359.00 23-Jan-19

142

ABIOLA SOYEMI & ASSOCIATES

11,279.89 SCHOOL FEES

359.00 25-Jan-19

362.50 21-Jan-19

DIM EMEKA MIKE

4,758.98 SCHOOL FEES

359.00 23-Jan-19

143

OGBU UCHENNA

12,743.93 SCHOOL FEES

359.00 25-Jan-19

10,050.00 SCHOOL FEES

SKY INDUSTRIES

JUST FOOD

363.00 21-Jan-19

ETUKUDAH MARIA

359.00 23-Jan-19

144

AKPO EMMANUEL ESABA

6,875.00 SCHOOL FEES

359.00 25-Jan-19

JUBAILI BROS LTD

23,000.00 PLASTIC MACHINERY & SPARE PARTS

363.00 21-Jan-19

OSIEGBU K. OBI

1,563.50 SCHOOL FEES

359.00 23-Jan-19

145

OGUNMEFUN A. OLUSOLA

13,000.00 SCHOOL FEES

359.00 25-Jan-19

LILIAN Y. KANGNA'AN

2,000.00 PTA

359.00 22-Jan-19

UNITED CAPITAL PLC

3,544.28 SCHOOL FEES

359.00 23-Jan-19

146

EGONWA OSA DENNIS

BOBMANUEL C. IBIFIRI

4,000.00 PTA

359.00 22-Jan-19

NDIBUAGU EDMUND N

4,040.00 SCHOOL FEES

359.00 23-Jan-19

147

EKERUCHE D. AZUKA

OLAJIDE A. ABOSEDE

4,000.00 PTA

359.00 22-Jan-19

OBIDIKE CHRISTOPHER

1,600.00 SCHOOL FEES

359.00 23-Jan-19

148

OLUSOLA E. BABATUNDE

6,789.85 SCHOOL FEES

359.00 25-Jan-19

OLUWAKEMI T. SHNAYDER

5,000.00 PTA

359.00 22-Jan-19

NMADU F. TALATU

3,439.38 SCHOOL FEES

359.00 23-Jan-19

149

GLORIA EJIROGHENE IBEH

11,501.00 SCHOOL FEES

359.00 25-Jan-19

UDOUKO O. DANIEL

3,427.81 SCHOOL FEES

359.00 23-Jan-19

150

JATTO FREDA OTARIA

6,659.44 SCHOOL FEES

359.00 25-Jan-19

7,417.07 SCHOOL FEES

74,365.72 ICE CREAM POWDER 239,837.00 PERKINS ENGINE

4,046.25 SCHOOL FEES

359.00 25-Jan-19

12,906.53 SCHOOL FEES

359.00 25-Jan-19

BASHIR ABDULLAHI

4,000.00 PTA

359.00 22-Jan-19

OLOYEDE KOLAWOLE

1,141.20 PTA

359.00 22-Jan-19

SAVANNAH MED. CONSULTANCY

359.00 23-Jan-19

151

G.I.K OBUTE & CO

7,818.60 SCHOOL FEES

359.00 25-Jan-19

OLORUSOLA E. ARINOLA

3,426.20 PTA

359.00 22-Jan-19

AMUSAN O. JOHN

4,565.74 SCHOOL FEES

359.00 23-Jan-19

152

IBAGERE ALFRED

2,596.94 SCHOOL FEES

359.00 25-Jan-19

LILIAN Y. KANGNA'AN

514.32 PTA

359.00 22-Jan-19

NIGER DELTA UNIVERSITY

6,042.15 SCHOOL FEES

359.00 23-Jan-19

153

OMOLEWA T. ADEBAYO

8,527.00 SCHOOL FEES

OTOHO INIBEHE PETER

359.00 22-Jan-19

CBN

206,896.13 IMTO TRANSFERRED TO CBN

357.00 23-Jan-19

154

LAWANI JOSEPH

1,500.00 SCHOOL FEES

359.00 25-Jan-19

12,354.48 SCHOOL FEES

359.00 22-Jan-19

CBN

72,489.96 IMTO TRANSFERRED TO CBN

357.00 23-Jan-19

155

IKWUYUM O. FRANCIS

1,100.00 SCHOOL FEES

359.00 25-Jan-19

5,903.15 SCHOOL FEES

359.00 22-Jan-19

CONSERVERIA AFRICANA

44,960.80 MODITIED STARCH

363.00 23-Jan-19

156

MICHAEL O. ESIWE

15,000.00 SCHOOL FEES

359.00 25-Jan-19

OKEOWO G. FOLASHADE

ALU UGOCHI JUSTINA

UWADIUNOR S. AYE

3,298.56 SCHOOL FEES

359.00 25-Jan-19

ALU UGOCHI JUSTINA

12,354.48 SCHOOL FEES

359.00 22-Jan-19

PROMASIDOR NIG. LTD

237,510.00 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

157

OVIESU B. ABIEYUWA

1,142.10 SCHOOL FEES

359.00 22-Jan-19

PROMASIDOR NIG. LTD

473,934.78 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

158

SANI IBRAHIM

EBOHON E. OMOIGIADE

5,904.09 SCHOOL FEES

359.00 22-Jan-19

PROMASIDOR NIG. LTD

286,873.11 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

159

LAWSON-WOKOMA ADOKIYE

GOF COMMERCIAL ENTERPRISES

3,865.20 SCHOOL FEES

359.00 22-Jan-19

100

PROMASIDOR NIG. LTD

474,335.45 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

160

AMOO K. GANIYU

3,030.00 SCHOOL FEES

359.00 25-Jan-19

MIKANO INTL. LTD.

3,484.76 CKD GENERATORS

363.00 22-Jan-19

101

PROMASIDOR NIG. LTD

474,335.45 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

161

KOLAWOLE C. ABEJIDE

6,120.70 SCHOOL FEES

359.00 25-Jan-19

6,338.32 SCHOOL FEES

359.00 25-Jan-19

2,610.13 SCHOOL FEES

359.00 25-Jan-19

12,880.32 SCHOOL FEES

359.00 25-Jan-19

363.00 22-Jan-19

102

PROMASIDOR NIG. LTD

462,487.08 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

162

UZUEGBUNAM A. OGONNA

8,550.00 SCHOOL FEES

359.00 25-Jan-19

363.00 22-Jan-19

103

PROMASIDOR NIG. LTD

415,036.36 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

163

OKENLA A. MOSHOOD

1,000.00 SCHOOL FEES

359.00 25-Jan-19

137.30 ICE CREAM POWDER

363.00 22-Jan-19

104

PROMASIDOR NIG. LTD

459,648.00 COW BELL INSTANT MILK POWDER

362.50 23-Jan-19

164

OKWONGUDOH U. SUNDAY

7,292.96 SCHOOL FEES

359.00 25-Jan-19

505,487.22 TICKET REMITTANCE

362.83 22-Jan-19

105

PROMASIDOR NIG. LTD

472,416.00 COWBELL INSTANT MILK POWDER

362.50 23-Jan-19

165

CHINYERE A. OLORUNFEMI

1,143.40 SCHOOL FEES

359.00 25-Jan-19

363.00 22-Jan-19

106

PROMASIDOR NIG. LTD

529,200.00 COWBELL INSTANT MILK POWDER

362.50 23-Jan-19

166

ABDULLAHI K. AHMED

5,968.53 SCHOOL FEES

359.00 25-Jan-19

359.55 22-Jan-19

107

SELLWELL LIMITED

88,708.16 POWER HORSE ENERGY DRINK

363.00 23-Jan-19

359.55 22-Jan-19

108

AVIVA

40,000.00 INDUSTRIAL RAW MATERIAL

359.00 23-Jan-19

109

SEVEN UP BOTTLING CO.

WEST AFRICAN CERAMICS

2,000.00 CULMINAL FOR INDUSTRIAL USE

WEST AFRICAN CERAMICS

2,000.00 SPARES FOR INDUSTRIAL USE

JUST FOOD

IATA

ROYAL SALT LTD.

DIAMOND BANK

133,499.00 INTERBANK

DIAMOND BANK

486,662.37 INTERBANK

AKANBI C. QUEENSLY

2,000.00 CAT SPARES FOR INDUSTRIAL USE

4,000.00 PTA

OSEMEKA A. MICHAEL

3,000.00 PTA

359.00 23-Jan-19

110

SEVEN UP BOTTLING CO.

OGUNNOIKI JUDAH

4,000.00 PTA

359.00 23-Jan-19

111

JOHN JOSHUA IFEANYI

3,082.14 MACHINE SPARE PART 52,037.56 MIXTURE OF ODIFEROUS SUBSTANCES 2,000.00 PTA

167

KENNEDY UGO UZOKA

363.00 23-Jan-19

168

UMAR F. IFTISAN

6,455.50 SCHOOL FEES

359.00 25-Jan-19

363.00 23-Jan-19

169

IBRAHIM MOHAMMED

14,589.43 SCHOOL FEES

4,361.46 SCHOOL FEES

359.00 25-Jan-19

363.00 23-Jan-19

170

JAM RAYMOND BINAIBI

6,390.95 SCHOOL FEES

359.00 24-Jan-19

171

CBN

65,757.13 IMTO TRANSFERRED TO CBN

357.00 25-Jan-19

CBN

25,343.22 IMTO TRANSFERRED TO CBN

357.00 25-Jan-19

UMARU KEVIN JIMMAI

3,000.00 PTA

359.00 23-Jan-19

112

DOLAPO O. OLUSEYI

1,000.00 PTA

359.00 24-Jan-19

172

PEPPLE VIOLET NENGI

4,000.00 PTA

359.00 23-Jan-19

113

NAGOGO U. DANDI

4,000.00 PTA

359.00 24-Jan-19

173

SATHYANARAYANAN SAMPATH

AJEH OMONI ALICE

4,000.00 PTA

359.00 23-Jan-19

114

AMUSAN A. HANNAH

668.52 PTA

359.00 24-Jan-19

174

SATHYANARAYANAN SAMPATH MTN NIG. COMMUNICATIONS LTD

IBRAHIM TIMOTHY

3,000.00 PTA

359.00 23-Jan-19

115

ONABANJO J. KENNY

900.00 PTA

359.00 24-Jan-19

175

EDET DOMINIC

1,500.00 PTA

359.00 23-Jan-19

116

ONOCHIE-MORDI I. PRUDENCE

3,600.00 PTA

359.00 24-Jan-19

176

LEADWAY ASSURANCE

NWORIE EJIUWA

4,000.00 PTA

359.00 23-Jan-19

117

ODETUNDE OLUGBENRO

2,250.00 PTA

359.00 24-Jan-19

177

ZENITH BANK

FRANK FAUSTINA

4,000.00 PTA

359.00 23-Jan-19

118

DAVID OKWUDIRI PRINCE

4,000.00 PTA

359.00 24-Jan-19

ADEYEMI GBENGA

4,000.00 PTA

359.00 23-Jan-19

119

GBEMISOLA O. YETUNDE

3,000.00 PTA

359.00 24-Jan-19

ARIVONA GLORIA

3,500.00 PTA

359.00 23-Jan-19

120

OLALEYE A. OLUFUNMILOLA

798.84 PTA

359.00 24-Jan-19

359.00 25-Jan-19

10,000.00 PERSONAL HOME REMITTANCE 10,279.00 PERSONAL HOME REMITTANCE 1,828,365.80 TELECOMMUNICATIONS EQUIPMENTS 10,187.33 INSURANCE PREMIUM 2,000,000.00 INTERBANK

361.90 25-Jan-19 361.90 25-Jan-19 362.50 25-Jan-19 362.50 25-Jan-19 361.80 25-Jan-19

SOURCE OF FOREIGN EXCHANGE AS AT 25TH OF JANUARY 2019 S/N

SOURCE

S/N

SOURCE

S/N

SOURCE

AUTONOMOUS

153.80

360.00 21-Jan-19

AUTONOMOUS

146.99

360.00 23-Jan-19

169

AUTONOMOUS

289.24

360.00 24-Jan-19

AUTONOMOUS

150.00

360.00 21-Jan-19

AUTONOMOUS

1,324.04

360.00 23-Jan-19

170

AUTONOMOUS

1,414.86

360.00 24-Jan-19

RATE DATE

AMOUNT (US$)

RATE DATE

AMOUNT (US$)

RATE DATE

360.00 24-Jan-19

AUTONOMOUS

5,388.10

360.00 21-Jan-19

AUTONOMOUS

190.52

360.00 23-Jan-19

171

AUTONOMOUS

1,290.24

AUTONOMOUS

2,887.00

360.00 21-Jan-19

AUTONOMOUS

4,927.57

360.00 23-Jan-19

172

AUTONOMOUS

1,084.56

AUTONOMOUS

10.00

360.00 21-Jan-19

AUTONOMOUS

580.41

360.00 23-Jan-19

173

AUTONOMOUS

1,040.24

360.00 24-Jan-19

AUTONOMOUS

34.90

360.00 21-Jan-19

IMTO

113,576.94

355.00 23-Jan-19

174

AUTONOMOUS

900.00

360.00 24-Jan-19

AUTONOMOUS

197.00

360.00 21-Jan-19

IMTO

1,327.05

355.00 23-Jan-19

175

AUTONOMOUS

761.43

360.00 24-Jan-19

AUTONOMOUS

206.23

360.00 21-Jan-19

IMTO

32,308.13

355.00 23-Jan-19

176

AUTONOMOUS

758.00

360.00 24-Jan-19

AUTONOMOUS

452.00

360.00 21-Jan-19

IMTO

477.49

355.03 23-Jan-19

177

AUTONOMOUS

1,142.00

360.00 24-Jan-19

AUTONOMOUS

310.75

360.00 21-Jan-19

IMTO

159,294.30

355.00 23-Jan-19

178

AUTONOMOUS

121.80

360.00 24-Jan-19

AUTONOMOUS

149.73

360.00 21-Jan-19

IMTO

1,663.22

355.00 23-Jan-19

179

AUTONOMOUS

648.31

360.00 24-Jan-19

AUTONOMOUS

360.00 21-Jan-19

IMTO

62,948.56

355.00 23-Jan-19

180

AUTONOMOUS

563.75

360.00 24-Jan-19

AUTONOMOUS

640.54

360.00 21-Jan-19

IMTO

919.10

355.00 23-Jan-19

181

AUTONOMOUS

722.67

360.00 24-Jan-19

AUTONOMOUS

3,803.75

360.00 21-Jan-19

AUTONOMOUS

5,312.50

360.00 23-Jan-19

182

AUTONOMOUS

338.31

360.00 24-Jan-19

IMTO

119,871.73

355.00 21-Jan-19

AUTONOMOUS

2,000.00

360.00 23-Jan-19

183

AUTONOMOUS

281.88

360.00 24-Jan-19

IMTO

1,382.45

355.00 21-Jan-19

100

AUTONOMOUS

5,642.50

360.00 23-Jan-19

184

AUTONOMOUS

394.63

360.00 24-Jan-19

IMTO

32,877.05

355.00 21-Jan-19

101

AUTONOMOUS

11,275.00

360.00 23-Jan-19

185

AUTONOMOUS

345.63

360.00 24-Jan-19

IMTO

536.85

355.01 21-Jan-19

102

AUTONOMOUS

49,265.00

361.00 23-Jan-19

186

AUTONOMOUS

585.46

360.00 24-Jan-19

AUTONOMOUS

6,000.00

360.00 21-Jan-19

103

AUTONOMOUS

6,699,975.00

361.00 23-Jan-19

187

IMTO

92,452.70

355.00 24-Jan-19

AUTONOMOUS

1,144.44

360.00 21-Jan-19

104

AUTONOMOUS

9,790.00

360.00 24-Jan-19

188

IMTO

1,053.02

AUTONOMOUS

100.00

360.00 21-Jan-19

105

AUTONOMOUS

6,000.00

360.00 24-Jan-19

189

IMTO

25,510.38

355.00 24-Jan-19

AUTONOMOUS

3,500.00

360.00 21-Jan-19

106

AUTONOMOUS

45.00

360.00 24-Jan-19

190

IMTO

404.39

355.00 24-Jan-19

AUTONOMOUS

300.00

360.00 21-Jan-19

107

AUTONOMOUS

140.00

360.00 24-Jan-19

191

AUTONOMOUS

1,127.50

360.00 24-Jan-19

AUTONOMOUS

2,000.00

360.00 21-Jan-19

108

AUTONOMOUS

295.05

360.00 24-Jan-19

192

AUTONOMOUS

2,457.95

360.00 24-Jan-19

AUTONOMOUS

7,450.00

360.00 21-Jan-19

109

AUTONOMOUS

180.00

360.00 24-Jan-19

193

AUTONOMOUS

1,000.00

360.00 24-Jan-19

AUTONOMOUS

45,000.00

360.00 21-Jan-19

110

AUTONOMOUS

3,636.31

360.00 24-Jan-19

194

AUTONOMOUS

1,500.00

360.00 24-Jan-19

AUTONOMOUS

30,800.00

361.50 21-Jan-19

111

AUTONOMOUS

50.00

360.00 24-Jan-19

195

AUTONOMOUS

4,850.00

360.00 24-Jan-19

AUTONOMOUS

50,000.00

361.00 21-Jan-19

112

AUTONOMOUS

290.00

360.00 24-Jan-19

196

AUTONOMOUS

9,000.00

360.00 24-Jan-19

CBN

2,000,000.00

357.00 21-Jan-19

113

AUTONOMOUS

500.00

360.00 24-Jan-19

197

AUTONOMOUS

6,000.00

360.00 24-Jan-19

CBN

4,000,000.00

357.00 21-Jan-19

114

AUTONOMOUS

520.00

360.00 24-Jan-19

198

AUTONOMOUS

40.00

360.00 24-Jan-19

AUTONOMOUS

445.00

360.00 22-Jan-19

115

AUTONOMOUS

1,380.00

360.00 24-Jan-19

199

AUTONOMOUS

2,000.00

360.00 24-Jan-19

AUTONOMOUS

4,141.00

360.00 22-Jan-19

116

AUTONOMOUS

100.00

360.00 24-Jan-19

200

AUTONOMOUS

140,000.00

AUTONOMOUS

3,150.00

360.00 22-Jan-19

117

AUTONOMOUS

50.32

360.00 24-Jan-19

201

AUTONOMOUS

30,000.00

360.00 24-Jan-19

AUTONOMOUS

1,974.14

360.00 22-Jan-19

118

AUTONOMOUS

101.97

360.00 24-Jan-19

202

AUTONOMOUS

894.00

360.00 25-Jan-19

AUTONOMOUS

260.00

360.00 22-Jan-19

119

AUTONOMOUS

113.34

360.00 24-Jan-19

203

AUTONOMOUS

6,076.33

360.00 25-Jan-19

AUTONOMOUS

300.00

360.00 22-Jan-19

120

AUTONOMOUS

169.65

360.00 24-Jan-19

204

AUTONOMOUS

2,970.00

AUTONOMOUS

72.60

360.00 22-Jan-19

121

AUTONOMOUS

106.72

360.00 24-Jan-19

205

AUTONOMOUS

3,800.00

360.00 25-Jan-19

AUTONOMOUS

200.00

360.00 22-Jan-19

122

AUTONOMOUS

105.74

360.00 24-Jan-19

206

AUTONOMOUS

475.00

360.00 25-Jan-19

AUTONOMOUS

1,169.00

360.00 22-Jan-19

123

AUTONOMOUS

105.47

360.00 24-Jan-19

207

AUTONOMOUS

300.00

360.00 25-Jan-19

346.82

360.00 24-Jan-19

355.00 24-Jan-19

362.00 24-Jan-19

360.00 25-Jan-19

AUTONOMOUS

974.50

360.00 22-Jan-19

124

AUTONOMOUS

103.97

360.00 24-Jan-19

208

AUTONOMOUS

950.00

360.00 25-Jan-19

AUTONOMOUS

495.50

360.00 22-Jan-19

125

AUTONOMOUS

100.18

360.00 24-Jan-19

209

AUTONOMOUS

253.05

360.00 25-Jan-19

AUTONOMOUS

844.46

360.00 22-Jan-19

126

AUTONOMOUS

121.67

360.00 24-Jan-19

210

AUTONOMOUS

250.00

360.00 25-Jan-19

AUTONOMOUS

500.00

360.00 22-Jan-19

127

AUTONOMOUS

119.68

360.00 24-Jan-19

211

AUTONOMOUS

274.93

360.00 25-Jan-19

AUTONOMOUS

562.83

360.00 22-Jan-19

128

AUTONOMOUS

114.62

360.00 24-Jan-19

212

AUTONOMOUS

200.00

360.00 25-Jan-19

AUTONOMOUS

372.82

360.00 22-Jan-19

129

AUTONOMOUS

112.34

360.00 24-Jan-19

213

AUTONOMOUS

301.00

360.00 25-Jan-19

AUTONOMOUS

102.25

360.00 22-Jan-19

130

AUTONOMOUS

245.74

360.00 24-Jan-19

214

AUTONOMOUS

265.84

360.00 25-Jan-19

AUTONOMOUS

483.00

360.00 22-Jan-19

131

AUTONOMOUS

273.45

360.00 24-Jan-19

215

AUTONOMOUS

170.00

360.00 25-Jan-19

AUTONOMOUS

1,070.00

360.00 22-Jan-19

132

AUTONOMOUS

275.00

360.00 24-Jan-19

216

AUTONOMOUS

47.69

360.00 25-Jan-19

AUTONOMOUS

1,035.52

360.00 22-Jan-19

133

AUTONOMOUS

318.00

360.00 24-Jan-19

217

AUTONOMOUS

66.09

360.00 25-Jan-19

AUTONOMOUS

353.21

360.00 22-Jan-19

134

AUTONOMOUS

340.48

360.00 24-Jan-19

218

AUTONOMOUS

59.04

360.00 25-Jan-19

AUTONOMOUS

341.53

360.00 22-Jan-19

135

AUTONOMOUS

850.00

360.00 24-Jan-19

219

AUTONOMOUS

81.09

360.00 25-Jan-19

AUTONOMOUS

955.00

360.00 22-Jan-19

136

AUTONOMOUS

370.89

360.00 24-Jan-19

220

AUTONOMOUS

2,200.00

AUTONOMOUS

1,506.36

360.00 22-Jan-19

137

AUTONOMOUS

377.92

360.00 24-Jan-19

221

AUTONOMOUS

11.80

360.00 25-Jan-19

AUTONOMOUS

5,265.00

360.00 22-Jan-19

138

AUTONOMOUS

405.61

360.00 24-Jan-19

222

AUTONOMOUS

500.00

360.00 25-Jan-19

AUTONOMOUS

1,150.00

360.00 22-Jan-19

139

AUTONOMOUS

812.00

360.00 24-Jan-19

223

AUTONOMOUS

1,000.00

AUTONOMOUS

1,070.93

360.00 22-Jan-19

140

AUTONOMOUS

406.52

360.00 24-Jan-19

224

AUTONOMOUS

30.00

360.00 25-Jan-19

AUTONOMOUS

600.00

360.00 22-Jan-19

141

AUTONOMOUS

415.00

360.00 24-Jan-19

225

AUTONOMOUS

375.00

360.00 25-Jan-19

AUTONOMOUS

100.00

360.00 22-Jan-19

142

AUTONOMOUS

2,500.00

360.00 24-Jan-19

226

AUTONOMOUS

225.50

360.00 25-Jan-19

AUTONOMOUS

186.40

360.00 22-Jan-19

143

AUTONOMOUS

2,704.24

360.00 24-Jan-19

227

AUTONOMOUS

135.49

360.00 25-Jan-19

AUTONOMOUS

5,101.33

360.00 22-Jan-19

144

AUTONOMOUS

3,000.00

360.00 24-Jan-19

228

AUTONOMOUS

143.96

360.00 25-Jan-19

AUTONOMOUS

3,392.08

360.00 22-Jan-19

145

AUTONOMOUS

3,221.24

360.00 24-Jan-19

229

AUTONOMOUS

225.82

360.00 25-Jan-19

AUTONOMOUS

252.14

360.00 22-Jan-19

146

AUTONOMOUS

3,430.00

360.00 24-Jan-19

230

AUTONOMOUS

677.47

360.00 25-Jan-19

AUTONOMOUS

180.91

360.00 22-Jan-19

147

AUTONOMOUS

3,985.00

360.00 24-Jan-19

231

AUTONOMOUS

327.44

360.00 25-Jan-19

AUTONOMOUS

318.86

360.00 22-Jan-19

148

AUTONOMOUS

186.59

360.00 24-Jan-19

232

AUTONOMOUS

350.02

360.00 25-Jan-19

AUTONOMOUS

201.14

360.00 22-Jan-19

149

AUTONOMOUS

193.34

360.00 24-Jan-19

233

AUTONOMOUS

470.31

360.00 25-Jan-19

AUTONOMOUS

2,560.61

360.00 22-Jan-19

150

AUTONOMOUS

197.63

360.00 24-Jan-19

234

AUTONOMOUS

649.69

360.00 25-Jan-19

AUTONOMOUS

256.06

360.00 22-Jan-19

151

AUTONOMOUS

200.00

360.00 24-Jan-19

235

AUTONOMOUS

1,174.89

360.00 25-Jan-19

AUTONOMOUS

3,070.98

360.00 22-Jan-19

152

AUTONOMOUS

200.00

360.00 24-Jan-19

236

AUTONOMOUS

220.90

360.00 25-Jan-19

AUTONOMOUS

1,000.00

360.00 22-Jan-19

153

AUTONOMOUS

200.00

360.00 24-Jan-19

237

IMTO

AUTONOMOUS

100,000.00

360.00 22-Jan-19

154

AUTONOMOUS

216.84

360.00 24-Jan-19

238

AUTONOMOUS

100,000.00

360.00 22-Jan-19

155

AUTONOMOUS

244.26

360.00 24-Jan-19

239

AUTONOMOUS

34,741.91

360.00 22-Jan-19

156

AUTONOMOUS

234.84

360.00 24-Jan-19

240

IMTO

AUTONOMOUS

133,499.00

359.20 22-Jan-19

157

AUTONOMOUS

229.19

360.00 24-Jan-19

241

AUTONOMOUS

228,180.00

361.30 22-Jan-19

158

AUTONOMOUS

181.55

360.00 24-Jan-19

242

AUTONOMOUS

10,000.00

360.00 25-Jan-19

AUTONOMOUS

584,800.00

361.30 22-Jan-19

159

AUTONOMOUS

171.66

360.00 24-Jan-19

243

AUTONOMOUS

5,000.00

360.00 25-Jan-19

AUTONOMOUS

567,600.00

361.50 22-Jan-19

160

AUTONOMOUS

163.49

360.00 24-Jan-19

244

AUTONOMOUS

20,000.00

360.00 25-Jan-19

AUTONOMOUS

450,000.00

361.40 22-Jan-19

161

AUTONOMOUS

154.47

360.00 24-Jan-19

245

AUTONOMOUS

328,125.00

361.00 25-Jan-19

AUTONOMOUS

450,000.00

361.00 22-Jan-19

162

AUTONOMOUS

152.35

360.00 24-Jan-19

246

AUTONOMOUS

23,175.26

360.00 25-Jan-19

AUTONOMOUS

486,662.37

359.20 22-Jan-19

163

AUTONOMOUS

151.36

360.00 24-Jan-19

247

AUTONOMOUS

18,280.38

360.00 25-Jan-19

AUTONOMOUS

1,280.00

360.00 23-Jan-19

164

AUTONOMOUS

129.87

360.00 24-Jan-19

248

AUTONOMOUS

18,970.00

361.50 25-Jan-19

AUTONOMOUS

1,041.31

360.00 23-Jan-19

165

AUTONOMOUS

124.73

360.00 24-Jan-19

249

AUTONOMOUS

300,000.00

361.50 25-Jan-19

AUTONOMOUS

480.00

360.00 23-Jan-19

166

AUTONOMOUS

1,965.00

360.00 24-Jan-19

250

AUTONOMOUS

19,000.00

361.00 25-Jan-19

AUTONOMOUS

80.00

360.00 23-Jan-19

167

AUTONOMOUS

1,022.00

360.00 24-Jan-19

251

AUTONOMOUS

2,245.60

361.00 25-Jan-19

AUTONOMOUS

3,957.43

360.00 23-Jan-19

168

AUTONOMOUS

100.00

360.00 24-Jan-19

www.ubagroup.com

AMOUNT (US$)

360.00 25-Jan-19

86,685.60

355.00 25-Jan-19

IMTO

990.57

355.00 25-Jan-19

IMTO

33,243.86

355.00 25-Jan-19

547.10

355.01 25-Jan-19

10,000.00

360.00 25-Jan-19

Africa’s global bank

WEEKLY PULL-OUT

'NIGERIA IS ADRIFT'

29.01.2019

Dr. Olisa Agbakoba, SAN

2/DASHBOARD

29.01.2019

Eﬀect of Failure to take Plea of Accused Person in Amended Charge PAGE 4

Idigbe: Access to Credit, Regulated Environment for Credit Reporting, Panacea for Nigeria’s GDP Growth PAGE 5

SERAP to Hold Public Hearing on How Citizens can Use FOI Act to Build their Capacity PAGE 5

QUOTABLES ‘....This action not only critically undermines confidence in the Judiciary, but, our country, as an institution. It also undermines confidence in the electoral process that has already commenced, in view of the pivotal role that the Judiciary plays, in the process of electoral adjudication.’ – Seriake Henry Dickson, Lawyer, Governor of Bayelsa State on behalf of the PDP South South Governors, on the attempt by the Federal Government to arraign the Chief Justice of Nigeria at the CCT ‘....There is also a perception that, the security services are not particularly well governed, and to the extent that they are governed, they have political leanings.’ - Dr Chidi Anselm Odinkalu, Lawyer, former Chairman, National Human Rights Commission

Army 38: Court Orders Colonel Hassan’s Reinstatement with all Rights and Privileges PAGE 5

‘Every Lawyer Must First Embark on a Journey of Self-discovery’ PAGE 6

COLUMNIST DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is deﬁned, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances. This column seeks to ﬁercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour. The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He cofounded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.

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

Were Buhari My Father.....

Daddy remember when the physical health (not mental) of my father, High Chief Omowale Kuye, OFR, started to fail in the last three years of his life, it was heartbreaking. Daddy had hitherto, never been ill before. So, seeing him frail like that, was difficult for us. It started when Daddy broke his ribs, while playing his beloved golf. The aches and pains started. That was the beginning of the end. He too, had his fair share of medical vacations in London. At some point, Daddy was unable to walk. His Consultant in London, had told him he would never be able to walk again. On arrival back in Nigeria, Daddy decided that he preferred to relocate back home to Ibadan, to be around his people, and to attend his acupuncture sessions two times a week or so, with his Korean Doctor. He didn’t really want to go out socially anymore. I don’t think he liked the idea of him who had been extremely spritely, being seen publicly, so dependent on others. So, we respected his wishes. Eventually, Daddy was able to walk again, though mostly with the aid of crutches. We were all protective over him, including Mr Richard, Daddy’s faithful Cook and Man Friday, who did everything for him and went everywhere with him, on the occasions when he had to go out. If Daddy so much as sneezed, Mr Richard would call my brother and I from Ibadan to report. Sometimes, we would go running to Ibadan. And when Daddy finally passed on on November 19, 2015, we took solace in the fact that, “it was with gratitude to God for a life well spent”. Daddy had had good innings, and we had done our best for him. Object of Odium and Ridicule That is how people who are somewhat helpless, should be treated. So, to all of you, whether “cabal” members, kitchen cabinet, Government Officials or APC stalwarts, pushing President Muhammadu Buhari (Baba) to run for a second term, in order to advance your own personal agendas, my prayer for you is that, when you need care, love, support and protection, especially in your old age, you will also be made an object of odium and public ridicule, as you have sought to make Baba, who is not only highly respected, but even revered in some quarters. When people are no longer able to make good judgement calls for themselves, it is up to those who are close to them, to make those calls for them, and protect them. I certainly do not dispute the fact that, the Constitution allows a President to go for two four year terms, of which Baba has done only one (Section 137(1)(b) of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). However, for sometime now, many Nigerians have been complaining, rather harshly I might add, about Baba’s performance in various interviews. I had also felt the same way, until last week when I watched three video clips of Baba. There was one interview, in which Baba was asked a question about corruption, and those who had been arrested, like some Judges and the former NSA; he responded to the question, by talking about foreign oil companies, oil and gas, oil prospecting, and investments. Then, at the recent APC rally in Delta State, he referred to Great Ogboru, the APC Gubernatorial Candidate for Delta, as the Presidential, then Senatorial, and finally, the Gubernatorial Candidate (after being corrected by his aides). Then, there was the interview on ‘The Candidate’ with Kadriya Ahmed. The Vice President, Professor Yemi Osinbajo, SAN, was also present. Kadriya kept breaking down the questions to the basics, but still, Baba did not really seem to comprehend the questions, talk less of answering them satisfactorily. His fellow APC members, who sat in the audience during Kadriya’s interview (most of who simply see Baba as a means to an end), were visibly cringing with embarrassment, as Baba responded to questions.

A Vote for Baba: A Vote for Unknown Persons When I saw those video clips, I felt so sad and disillusioned. “Gbogbo wa la lagba ni ile” (all of us have elders at home). Why would anyone who has any love or respect for Baba, put him through that? Why are his loved ones allowing him to be paraded like that, when social media is overflowing with people mocking his performances? With all due respect, if he was my father, I know that I would not allow him to be put in a situation, where he would be publicly humiliated. But then, as the APC Presidential Candidate in the upcoming elections, I guess rallies, interviews and debates, all come with the territory. It is ironic that, such outings are meant to ‘show off’ the candidate’s prowess, not ‘show up’ the candidate, as in Baba’s case. The sum and substance of the situation is that, as the days go by, it is becoming increasingly obvious that, there is something seriously wrong with Baba. I am not a Doctor, but to me, his symptoms resemble that of Stage four Dementia (Alzheimer’s), that is, between a moderate and severe cognitive decline. Baba clearly seems to have memory problems, increasing confusion, lack of comprehension of even elementary issues, and hearing and speech problems. One does not need a clairvoyant to confirm that, a vote for Baba, will be a vote for a very ‘incompetent’ someone else who is not on the ballot paper, be it the people who the First Lady, Mrs Aisha Buhari, claimed have ‘hijacked’ the government from Baba, or the ‘cabal’. Whoever they are, they are bunch of unintelligent, nepotistic tribalists, who have done an extremely poor job on Nigeria; they don’t deserve a second term. For quite a while, the media has been awash with allegations that Baba lacks the mental and physical capacity to be the President of our great and complex country, Nigeria. On the physical aspect, we all know that Baba has gone on at least six medical vacations to England, one in particular in 2017, lasting for over 100 days. The nature of Baba’s illness, was shrouded in mystery by his handlers. Alas! “Nothing is hidden under the sun”. The world is now seeing, what is wrong with him. Disqualiﬁcation Section 137 of the Constitution makes provision for reasons why a person shall not be qualified for election to the office of President. Section 137(1) (c) specifically, provides that “a person shall not be qualified for election to the office of President if under the law in any part of Nigeria, he is adjudged to be a lunatic or otherwise of unsound mind”. While we know that Baba is certainly not a lunatic, shall we then wait until groups like ‘Good Governance Campaign’ disgrace him and drag his name through the mud, continually saying that he is unfit to govern and should produce his medical certificate, and that Section 144 of the Constitution should be invoked against him, that is, the process in which the President should be declared incapable of discharging his Presidential functions, and removed from office? Presidential Debate The sharp-tongued, “peppery mouth” abusive responses of our government officials, to those who seem to oppose Baba’s second term bid, like groups like the ‘Good Governance Campaign’, and Nigerians in general, can no longer hold water with those who are right thinking. Nobody is buying Keyamo’s excuses, that it is the PDP sponsoring the campaign of calumny against the President and his mental state, because they are jittery about the outcome of the upcoming elections. Nor are we buying Femi Adesina’s watery, lack lustre excuse, that Baba was unable to attend

President Muhammadu Buhari giving the APC ﬂag to Great Ogboru in Warri, Delta State

the Channels Presidential Debate on January 19th, because he had other commitments and rallies. Are we babies? Anybody who has eyes, can see clearly that, Baba cannot debate! He barely understands questions or issues, talk less of participating in a debate with the likes of Kingsley Moghalu. Thank God, his handlers saved him from that humiliation. I think it all started in 2015 during the election campaign, when Baba was alleged to have referred to his then running mate, Professor Osinbajo, as ‘Osibade’! Subsequently, on a foreign trip after winning the election, he referred to German Chancellor, Angela Merkel, as Angela Mitchell! And from ‘Western’ Germany. Aside form the fact that Germany was unified in 1990, Madam Merkel is considered to be from ‘Eastern’ Germany, as, though she was born in Hamburg, then in West Germany, her family moved to East Germany when she was still a baby. And then, another interviewer asked Baba about ‘inclusive government’. And Baba went ahead to answer ‘OP’ (off point). At the time, most people found Baba’s gaffes amusing, believing that he had probably been living in a time warp or maybe the interviewer’s choice of words were too complex for him to understand (as we say in Nigerian parlance, “big English”). After all, at the time he won the election, President Bush 43 also, not only did he not know the name of General Pervez Musharraf, the then President of Pakistan, and kept referring to him as the General in an interview, his knowledge of world affairs was suspect, to say the least. Three and a half years down the line, Baba’s mental capacity seems to have somewhat diminished; that’s why he is largely ‘unaware’ of many things which he should be aware of, as our President and CEO. P.S.: The CJN It gives me no joy to say that, today, it is crystal clear that Baba is no longer in control of himself, talk less of this country. Should a person who is unaware, continue to be the President of the country? He is little more than a puppet, with some clandestine puppet masters, including the AGF, who are clueless about governance and the rule of law, pulling the strings behind the scenes. They have plunged this country into more poverty, misery, insecurity, ethnic division and constitutional crisis. Vote wisely! A vote for APC, is a vote for them. On May 1, 2018, I discussed “The Road to Constitutional Crisis” on this page. Constitutional Crisis can arise in several ways, one of the messiest being, where the arms of government are set against each other, and they violate constitutional provisions at will, ignore and deliberately misinterpret them, to suit their own purposes. This is happening in Nigeria today, as we can see in the case of the CJN. Lawyers are still reeling from the shock of the purported suspension of the CJN, last Friday. Let me state categorically, that I do not for one second agree that the CJN is above the law. There are serious allegations being levelled against him, but they must be addressed in accordance with the law. Are we now in a Banana Republic? There is no provision in the Constitution, that allows the President to suspend the CJN. Section 292(1)(a) of the Constitution makes it quite clear that the CJN can only be removed by the President acting on an address supported by two-thirds majority of the Senate, and Section 231(1) provides that “The appointment of a person to the office of the Chief Justice of Nigeria shall be made by the President on the recommendation of the National Judicial Council, subject to confirmation of such appointment by the Senate”. For those who seek to rely on Section 11(a) of the Interpretation Act 2004 (IA) as the legal basis giving the President the power to suspend the CJN, because the section provides that “The power to appoint a person to an office includes the power to remove or suspend a person from the office” - they are clearly mistaken, for several reasons. First, assuming, but certainly not conceding, that Section 11(a) is applicable in this instance, surely if it is read with Section 231(1), the President would need the NJC to recommend the CJN’s suspension, subject to the confirmation of the Senate! That is, you can only be removed or suspended, the same way you were appointed. Second, Section I 21(b) Part 1 Third Schedule to the Constitution, gives the NJC the power to recommend to the President, the removal of a judicial officer from office and exercise disciplinary control over them. Disciplinary control, which

ONIKEPO BRAITHWAITE

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

“ONE DOES NOT NEED A CLAIRVOYANT TO CONFIRM THAT, A VOTE FOR BABA, WILL BE A VOTE FOR A VERY ‘INCOMPETENT’ SOMEONE ELSE WHO IS NOT ON THE BALLOT PAPER, BE IT THE PEOPLE WHO THE FIRST LADY, MRS AISHA BUHARI, CLAIMED HAVE ‘HIJACKED’ THE GOVERNMENT FROM BABA, OR THE ‘CABAL’ ” simply means punishment for bad behaviour, would certainly include suspension, among other punishments. This is the only allusion to suspension of the CJN, which I see in the Constitution. Third, where the Interpretation Act is inconsistent with the provisions of the Constitution, the Constitution being the supreme document binding on all persons and authorities in Nigeria, prevails, and that provision of the IA to the extent that it relates to judicial officers, is void to the extent of its inconsistency (Section 1(1) & (3) of the Constitution). For those who also seek to validate this condemnable act of purporting to suspend the CJN, by claiming that the CCT can suspend him, they are also mistaken. The CCT has no power to suspend. Section 23(1) & (2)(a) of the CCT Act, only gives the CCT powers to impose vacation of office, after a Defendant has been found guilty by the Tribunal. The CJN has not been tried by the CCT, talk less of being found guilty. Matters Arising Some pertinent questions to ask are, can the CCT grant an ex-parte order on an application that the CJN step aside on 25/1/19 when there was already a motion on notice adjourned for hearing to 28/1/19, to hear and determine the same application? NO! A clear abuse of court process. Should such an ex-parte motion also have been taken, when there was an application on the matter of jurisdiction of the CCT pending, which was also adjourned for hearing to 28/1/19? NO! Is it not trite that, no matter how well tried a matter is, if the court lacks jurisdiction which is the life blood of any matter, the proceedings in such a matter, are null and void ab initio? YES! Madukolu v Nkemdilim 1962 2 SCNLR 341. So, why purport to make such a crucial ruling, when the matter of the jurisdiction of the CCT has not been dispensed with? Is the CCT Chairman himself, not facing bribery charges for allegedly demanding and receiving N10 million from a litigant? What has become of the case, which was being handled by Keyamo, SAN on behalf of EFCC? How come the CCT Chairman was not suspended, pending the outcome of his own case? Should Tanko Mohammed JSC have agreed to have been sworn in as the purported acting CJN, looking at the precedent set by the NJC in the Abia State/Governor Ikpeazu/Uzokwe (former CJ of Abia)/Obisike Orji saga, especially considering the fact that Tanko Mohammed JSC was a member of that NJC Panel which found Justice Orji guilty of misconduct for “allowing himself to be sworn in as acting Chief Judge, thereby colluding and aiding an unconstitutional process”?

4/LAW REPORT

29.01.2019

Effect of Failure to take Plea of Accused Person in Amended Charge

T Facts

he Appellant was charged with conspiracy to commit armed robbery and armed robbery, contrary to Section 6(b) and Section 1(2)(a) of the Robbery and Firearms (Special Provisions) Act. Cap RII Laws of Federation of Nigeria 2004. When the case came up for hearing before the learned trial Judge, the five counts were read to the Appellant in pidgin English, and he pleaded not guilty to each of the five counts. Thereafter, on subsequent dates fixed for hearing, trial could not go on due to absence of the witnesses. The case was thereby adjourned to 23rd October, 2008, for definite trial. On the scheduled date, the case came up for the first time before another Judge of the High Court of Ogun State, sitting in Ijebu-Ode. The trial Judge ordered the Appellant’s plea to be taken and the 1st to 4th count were read to the Appellant in Pidgin English. The Appellant pleaded not guilty, to the counts read to him; however, count 5 was not read to him for his plea to be taken. The case was thereafter, adjourned for trial to 24th November, 2008 (but trial did not go on that day). By 23rd February, 2009, the State filed an application to amend the Charge. The amended Charge now had six counts but the plea of the Appellant was still not taken on the amended Charge. Trial commenced thereon and at the conclusion of the trial, the Appellant was acquitted and discharged on counts 1,2,3,4 and 5 (i.e. for conspiracy to commit armed robbery), but convicted on count 6 and sentenced to 14 years imprisonment. The Appellant unsuccessfully appealed his conviction on count 6 to the Court of Appeal. Unhappy with the decision of the Court of Appeal dismissing his appeal, the Appellant further appealed to the Supreme Court. Issue for Determination Counsel for the Respondent raised a Preliminary Objection to the competence of the appeal, which he alleged raised fresh issues on mixed law and facts which were not canvassed at the lower Court, and without seeking leave of court. The Court however, found that the objection lacked merit, and proceeded to determine the main appeal. The sole issue adopted for determination by the court was: Whether the trial, conviction and sentence passed on the Appellant as affirmed by the Court of Appeal are a nullity, in view of the failure of the trial Court to comply strictly with the provisions of Section 215 of the Criminal Procedure Law, Cap 30, Laws of Ogun State. Arguments For the Appellant, it was argued that the plea of the Appellant was not taken on the amended six counts Charge. Counsel reasoned that, in view of this fact, the trial Court proceeded with trial of the Appellant without compliance with Section 215 of the Criminal Procedure Laws of Ogun State. It was further submitted that, the non-compliance with the Section rendered the trial in the High Court, a nullity. The Respondent on its part, argued that Section 179 of the Criminal Procedure Law of Ogun State addressed the issue, and that by the provisions of Section 20 of the Court of Appeal Act and Section 26 of the Supreme Court Act, the appellate court rightly upheld the conviction and sentence passed on the Appellant, regardless of whether the plea was taken to the amended Charge. Court’s Judgement and Rationale Deciding the issue, the Supreme Court highlighted the provisions Section 215 of the Criminal Procedure Law (CPL) of Ogun State to hold that there is valid arraignment of an accused person when and only when: (a) the accused person is placed before the Court unfettered (unless the Court orders otherwise); (b) the charge is read and explained to the accused person in a language he understands, and to the satisfaction of the court; and (c) he is called upon to plead to

Olabode Rhodes-Vivour, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 13th day of July, 2018 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Kudirat Motonmori Olatokunbo Kekere-Ekun Chima Centus Nweze Amiru Sanusi Sidi Dauda Bage Justices, Supreme Court SC.151/2015 Between Sunday Azogord .........

Appellant

And The State. ............Respondent (Lead Judgement delivered by Hon. Olabode Rhodes-Vivour, JSC)

the charge/s. The provisions of Section 215 of the Criminal Procedure Law relating to the arraignment of an accused person, are mandatory, and not optional; failure to comply therewith, renders the proceedings a nullity and a breach of fundamental right to fair hearing of the accused person, as guaranteed by Section 36(6) of the 1999 Constitution (as amended). EYOROKOROMO v STATE (1979) 6-9 SC 3; MADU v STATE (2012) 6 SC (Pt. I) P. 80. It is the duty of the trial Judge, to ensure there is strict compliance with both sections. Therefore, when there

“IT WAS ADDED THAT, THE FAILURE TO CALL ON THE ACCUSED TO PLEAD TO THE CHARGE AS AMENDED, RENDERED THE WHOLE TRIAL A NULLITY”

is an amendment to the Charge, as in the instant case, Section 164 of the Criminal Procedure Law becomes mandatory, and the failure to comply with it, renders the while proceeding a nullity. The Court highlighted the provisions of Section 164 of the Criminal Procedure Law, which provides the procedure on alteration of a Charge, such that the requirements of the section must be strictly complied with. It was added that, the failure to call on the accused to plead to the Charge as amended, rendered the whole trial a nullity. R v EROMINI (1953) 14 WACA P. 366; OKOSUN v STATE (1978) 2 LRN P.314. Furthermore, when a trial is in progress, and the Chief Judge takes the case file from the Judge presiding over the trial and assigns it to another Judge, the trial starts de novo with the arraignment of the accused person. An arraignment consists of reading and explaining the Charge to the accused person in the language he understands, and taking his plea. There can only be a valid trial, if there is a strict compliance with the mandatory provision of Section 164 of the Criminal Procedure Law. Where the learned trial Judge conducted the trial of the Appellant on an amended Charge, without making an attempt to comply with the provisions of Section 164, the trial would be declared a nullity by an Appellate Court. In the instant case, at no time after the amendments were made to the Charge, was the Appellant called to plead to the six count amended Charge. There was nothing to show that the amended Charge was read to the Appellant, or that it was explained to him in a language he understood. The Respondent placed reliance on Section 179 of the Criminal Procedure Law, Section 20 of the Court of Appeal Act, Section 26 of the Supreme Court Act and the authority of NWACHUKWU v STATE (1986) 2 NWLR (Pt. 25) P. 765 to argue that, there was no need for a fresh plea after an amendment is made to a Charge. Their Lordships faulted this argument as being misconceived, as an amendment dates back to the date of the original process; once an amendment is granted, it is as if the original process did not exist. REGISTERED TRUSTEES OF AIRLINE OPERATORS OF NIGERIA v N.A.M.A. (2014) 8 NWLR (Pt. 1408). The Court observed that, the case cited was authority for the position of the law that, an accused person can be convicted for a lesser offence of an aggravated offence, in respect of which he was charged. Section 20 spells out the powers of the Court of Appeal post–conviction, while Section 26 empowers the Supreme Court to exercise powers that the Court of Appeal could exercise. The issue herein however, relates to a pre-trial and not a post-trial issue or conviction for a lesser offence. Their Lordships observed that, the Respondent did not make an attempt to explain the non-compliance with the mandatory provisions of Section 164, when the Charge was amended. All the laws and authorities relied on were completely irrelevant, and had no bearing whatsoever on Section 164. The Appellant in the case under consideration, was tried on six count Charge, but his plea was only taken in respect of counts one to four. The Appellant was acquitted and discharged on counts 1,2,3,4 and 5, but was found guilty on count 6, and sentenced to 14 years imprisonment. The trial was conducted in defiance of the mandatory provisions of Section 164, and so, same is a nullity. In view of the declaration of the proceedings leading to the conviction of the Appellant as a nullity, the Supreme Court invoked its powers under Section 22 of the Supreme Court Act to assume jurisdiction to quash the conviction, and direct a verdict of acquittal to be entered for the Appellant. Appeal Allowed. Representation: K.A. Gbadamosi and O.E. Osilaran for the Appellant. Dr. O. Ayeni A-G Ogun State with D. Depeolu (PSC) and P.C. Akubue for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

29.01.2019

NEWS/5

L-R: Prof. Olawale Ajai, Professor of Legal Studies and Political Environment of Business, Lagos Business School, Mr. Robert Sola, Attorney Specialising in Credit Reporting Litigation, USA, Mr. Taiwo Ayedun, Founder Credit Registry & Father of Credit Reporting in Nigeria, Chief Anthony Idigbe, SAN, Senior Partner, Punuka Attorneys & Solicitors, Mrs. Jameelah Sharrieff-Ayedun Managing Director/ CEO, Credit Registry at the just concluded Credit Reporting, As The Foundation for Credit Infrastructure Workshop organised by CWAG/AAP in partnership with Lagos Business School and Credit Bureau Association of Nigeria (CBAN) at LBS Campus in Lagos

GANI FAWEHINMI LECTURE L-R: Former President of the Nigerian Bar Association (NBA), Augustine Alegeh,SAN, INEC Resident Electoral Commissioner in Akwa Ibom State, Mr. Mike Ighini, Hon. Justice Oyindamola Ogala, representing Lagos State Chief Judge, Justice Adewale Abiru of the Court of Appeal, Chairman, NBA Ikeja, Prince Dele Oloke, and Professor of International Law and Jurisprudence, Akin Oyebode at the 15th Chief Gani Fawehinmi Annual Lecture organised by NBA Ikeja Branch, held last week

Idigbe: Access to Credit, Regulated Environment for Credit Reporting, Panacea for Nigeria’s GDP Growth Stories by Akinwale Akintunde A Senior Advocate of Nigeria, Chief Anthony Idigbe, SAN, has said a wider access to credit and a regulated environment for credit reporting would help to grow Nigeria’s Gross Domestic Product (GDP). Idigbe, who is senior partner, Punuka Attorneys and Solicitors, said this at the just concluded conference of Western AttorneysGeneral (CWAG) and African Alliance Partnership (AAP), held at the Lagos Business School in Lagos. The event, which was held in collaboration with the Central Bureau Association of Nigeria (CBAN), was geared towards improving access to credit in order to grow Nigeria’s GDP. The founder of Credit Registry, Taiwo Ayedun, who also spoke at the event, said that there was need for increased access to credit, for the economy to grow. Speaking during a special session on Credit Reporting organised by the Credit Bureau Association of Nigeria (CBAN), Conference of Western Attor-

neys-General (CWAG) and African Alliance Partnership (AAP) in collaboration with the Lagos Business School in Lagos, Ayedun noted that, good credit reporting and scoring behaviour would aid consumer lending, which has direct impact on the GDP and economic growth. Comparing Nigeria to other developed countries, he said it was important to have a good credit reporting and scoring behaviour, which he said would aid consumer lending, which mostly concedes GDP and economic growth. “The US GDP which is about $19 trillion, I found that mortgage and consumer spending concluded 67% of the US GDP. And, a lot of that consumer and mortgage spending, is based on the credit been given by American banks. So, it makes sense that, if Nigeria is going to increase in GDP, it would need to be able to help banks to give more credit to Nigerians. “Global Credit coverage

around the world shows that North America, Canada, United States, Germany, UK and Ireland, are 100% covered, while Nigeria has only about 7.8% coverage according to this survey which was done in 2017. However, There is evidence that, a society where trust is well established, there is more commerce going on. “As more credit flows to consumers and small businesses, which would come about economic activities, and the reason it has a direct correlation to GDP and economic growth, is that the quantum of transactions leads to more productivity. So, a consumer that has an average job, if they can access credit, they would spend more, and when they spend more, it enhances economic activities and the producers would have to increase production to meet the demand, and ultimately leads to employment generation”, Ayedun added. On challenges hindering credit in Nigeria, he said

interest rates are major interference to the growth of credit, in Nigeria. According to him, a decrease in interest rate, would substantially increase access to credit. “One of the things I think would help individuals and small businesses to take loans, is an affordable interest rate, because if you take loans at a very high interest rate, it makes it difficult to pay back.” “Also, one of the things lenders are not using; banks are not yet using data analytics to make decisions yet, they still treat everyone the same way despite the fact that there are credit scores. This is a major challenge that needs to be addressed, and banks need to build capacity internally, to be able to do consumer credit on a very large scale.” Ayedun maintained that, with the increase in credit, policy makers need to ensure these credits are not mostly given to businesses and consumers who plan to majorly import, which he said would defeat its entire purpose.

SERAP to Hold Public Hearing on How Citizens can Use FOI Act to Build their Capacity Socio-Economic Rights and Accountability Project (SERAP) will on Tuesday, February 12, 2019, hold its latest public hearing on building the capacity of citizens on the use of the Freedom of Information Act, as a tool for promoting transparency and accountability in the water sector in Nigeria. In a statement sighed by the SERAP Senior Legal Adviser, Joke Fekumo, the public hearing, which will be held at the CITIHEIGHT Hotel, Opebi-Sheraton Link Road, Ikeja, Lagos, is aimed at bringing together citizens who are affected by the poor delivery of public services, particularly in the water sector in Nigeria; anti-corruption agencies and other public agencies; Lawyers; human rights activists; civil society leaders; the media and other stakeholders, such as trade unions, market women, taxi drivers’ associations, student associations, landlord associations, artisans, spare parts dealers, and vulcanisers. “The public hearing also aims to encourage and

sensitise the citizens, on how they can deploy the Freedom of Information Act as a tool for promoting transparency and accountability in the water sector, and to encourage them to participate in the fight against corruption in the sector. “The complaints received at the public hearing, as well as the conclusions and recommendations, will be sent to anti-corruption agencies and other appropriate agencies and authorities”, the group stated. SERAP is a non-profit, nonpartisan, legal and advocacy organisation, devoted to promoting transparency, accountability and respect for socio-economic rights in Nigeria. SERAP received the Wole Soyinka Anti-Corruption Defender Award, in 2014. It has also been nominated for the UN Civil Society Award and Ford Foundation’s Jubilee Transparency Award. SERAP serves as one of two Sub-Saharan African civil society representatives, on the governing Committee of the UNCAC Coalition, a global anti-corruption network of over 380 civil society organisations (CSOs), in over 100 countries.

Army 38: Court Orders Colonel Hassan’s Reinstatement with all Rights and Privileges The National Industrial Court of Nigeria, sitting in Abuja has declared null and void, the compulsory retirement of Col. Danladi Ribah Hassan (Rtd), by the Nigeria Army.. Justice Sanusi Kado in the judgement delivered on January 8, 2019, also ordered that Col. Hassan should be reinstated to his post, with all his rights and privileges. Col. Hassan is one of the 38 officers of the Nigerian Army, challenging their forceful retirement, citing injustice, lack of due process, and fair hearing. He had instituted the suit, asking the court to void his

alleged compulsory retirement, reinstatement and payment of compensatory and exemplary damages to the tune of N1 billion. The Nigerian Army had in June 2016 abruptly ended the careers of 38 officers by compulsory retirement, over allegations of professional misconduct during the 2015 general elections, and involvement in arms procurement fraud. Other Defendants in the suit are the Nigerian Army Council, Chief of Army Staff, Armed Forces Council, Chief of Defence Staff, Attorney-General of the Federation, Minister of

Defence, and Maj. Gen. Mohammed Hong Garba. The case of the Hassan is that, he was a Colonel in the Nigeria Army, until June 9, 2016, when he was compulsorily retired from the Army. According to him, he had served severally as an instructor, staff officer, and commander in the field, including appointments of higher ranks in acting capacity. The Claimant also testified that, he was shocked to receive the Defendants' letter of June 9, 2016, wherein he was purportedly retired compulsorily

from the services of the Nigerian Army. He contended that, the reasons for his purported compulsory retirement, were unfounded and a ruse, as he has never at any time since the date of his commission as an officer, committed any act that could be viewed as amounting to indiscipline, or serious offences that could warrant any disciplinary measures. The Claimant stated that after receiving the letter, a press release was made by the Nigerian Army spokesman, that the retirement affected officers who were either indicted by the Presi-

dential Investigation Panel on the on-going arms purchase with the office of the National Security Adviser, or were partisan in the 2015 general elections. He added that, the acts of the Defendants offended the statutory provisions of the Armed Forces Act and the Harmonised Terms and Conditions of Service for Officers 2012 (Revised). The Nigeria Army on its part, had argued that the Armed forces oath of allegiance that the Claimant will serve for 18 years, and if the need arises, he will apply for

an extension, and for not following rules, is a serious offence. The Armed Forces Act provides for administration, and is not limited to the description which is not true, that an officer of rank of Colonel, cannot be retired without going through the disciplinary procedure. The Defendants submitted for determination, “Whether the Claimant has established by preponderance of evidence, that his employment with the 1st Defendant is for 35years? or Whether the Defendant has established by preponCONTINUED ON PAGE 6

29.01.2019

Alleged Breach of Contract: Oil Firm Asks Appeal Court to Set Aside High Court Decision Akinwale Akintunde The Court of Appeal sitting in Lagos, has been urged to set side the decision of the Lagos High Court, in the case of breach of contract against two foreign oil firms and some Nigerian companies. Petroleum Zion Nigeria Ltd, an indigenous oil firm, in its Notice of Appeal contends that the trial Judge erred in law when she struck out First Hydrocarbon Nig. Ltd and FHN 26 Ltd from the suit, on the ground that Petroleum Zion (Exploration & Production) Ltd, had failed to show any reasonable cause of action against them. Petroleum Zion had dragged the two

foreign firms, PJT Partners UK Ltd and Wilmington Trust (London) Ltd and 8 other firms before the Lagos High Court, over alleged breach of contract, breach of confidentiality obligations, and unlawful interference with economic interests. The Plaintiff in the suit before Justice Atinuke Ipaye, claimed that the Defendants unlawfully interfered with its transaction to purchase Afren’s stake in Oil Mining Lease (“OML”) 26, with a production potential over 10,000 barrels of oil per day. Other parties joined as co-Defendants in the suit, are FHN 26 Limited, African Capital Alliance Ltd, Vertex Energy Limited, Capital Alliance Nigeria Ltd, Femi Bajomo,

Simon Jonathan Appell, Daniel Imison and Ms. Catherine Williamson. However, in separate preliminary objections, four of the Defendants, First Hydrocarbon Nigeria Ltd, FHN 26 Ltd, Vertex Energy and Capital Alliance Nigeria Ltd, asked the court to strike out their names from the suit, as they were neither necessary, desirable or proper parties to the suit. Justice Ipaye of the Lagos High Court, upheld all preliminary objections in her ruling dated the 7th day of November, 2018, and struck out their names. Dissatisfied with the ruling of the court, Petroleum Zion filed a Notice of Appeal

through their Lawyer, Messrs Ubani & Co., challenging the lower court’s decision. The Appellant also argued that, the trial Judge erred in law when she struck out Vertex Energy and Capital Alliance Nigeria Ltd from the suit, on the ground that Petroleum Zion (Exploration & Production) Ltd has failed to show any reasonable cause of action against her. The firm is seeking reliefs from the Court of Appeal to wit, that the Appeal Court allow the appeal and set aside the Ruling of the lower court dated November 7, 2018, striking out the names of the Respondents from the Suit, and order the case file to be transferred to another Judge for trial.

ARMY 38: COURT ORDERS COLONEL HASSAN’S REINSTATEMENT WITH ALL RIGHTS AND PRIVILEGES CONTINUED FROM PAGE 5 derance of evidence, that the Claimant’s employment with the 1st Defendant was for 18 years in the first instance; Whether the Claimant has overstayed his tenure? and Whether the Claimant is entitled to the reliefs sought?” Defence Counsel urged the court to hold that, on the basis that the Claimant’s instrument of appointment, the Claimant’s employment was for a fixed term, the Claimant had served out the agreed term, and his employment was validly determined. The Defendant submitted that, the Claimant was seeking for AN ORDER directing the immediate reinstatement to his statutory protected employment, which would amount to a violation of the Armed Forces Act, as it is unequivocal that the court has no power to do so. Delivering his judgement after careful analysis of all the processes filed, and

hearing the submissions of the learned counsel from both sides, Justice Kado expressed thus: “The Defendants have not referred the court to any of the provisions of the Armed Forces Act or the Harmonised Terms and Conditions of Service for Officers 2012, (Revised), where overstaying or serving beyond 18 years in the military, was made to be a disciplinary i.e. serious offences. “The Defendants seem to be under the impression that, the Claimant having served for 26 years, the contract of service has elapsed as at the time the Claimant served for 18 years, and they are acting under the assumption that the Claimant is no longer entitled to be in service. The Defendants may have taken the position they have taken, based on their own interpretation of Section 30 of the Armed Forces Act. “At a glance, the argument of the

Defendants appears to be attractive, but, a careful and meticulous examination of the provisions of Section 30 of the Armed Forces Act and Exhibit CW1B, will expose the fallacy of the argument canvassed by the Defendant in respect of the Claimant not applying for approval for re-engagement. “In view of lack of credible evidence to prove non-application for re-engagement, I prefer the version given by the Claimant, to the effect that he applied for re-engagement and same was granted. “The Defendants having failed to convince the court of the disciplinary ground for compulsorily retiring the Claimant i.e. serious offences, is therefore, null and void and of no effect. “The letter of compulsory retirement having been issued not in line with Harmonised Terms and Conditions of Service for Officers 2012, (Revised), is not capable of retiring the Claimant, as

it was issued in violation of extant rules; the letter is null and void and of no effect, for having been issued without due process. It is hereby, set aside. “In the circumstance, I hereby order the reinstatement of the Claimant back to his post, with all his rights and privileges.” It is important to note that, apart from this judgement by the National Industrial Court, investigations by two different bodies had found that the Army 38 officers, were retired without recourse to due process. They were never queried, charged, tried or found guilty of any offence. Col Osita Nwankwo was found innocent at the House of Representatives, Col Chidi Ukoha was found innocent at the Senate, and now the court exonerated Col Danladi Hassan. In all cases, their immediate reinstatement was ordered.

Legal Personality of the Week Olumide Babalola

‘Every Lawyer Must First Embark on a Journey of Self-discovery’ Please, give a brief introduction of yourself My name is Olumide Babalola. I was called to the Nigerian Bar in 2009, after which I had my mandatory NYSC programme in Bauchi State, where I was first exposed to litigation. After my NYSC, I returned to Lagos and resumed work with Brickhouse Solicitors managed by Kevin Ebhojie, Esq. for about 6 years, from where I left to set up my current private practice - Olumide Babalola LP. While working with Brickhouse Solicitors, I authored three laws books (2 casebooks and one historical piece), and in February 2018, I published a law dictionary (Babalola’s Law Dictionary). I am also the Co-founder of Digital Rights Lawyers Initiative – a non-governmental network of like-minded Lawyers, founded for the promotion and enforcement of digital rights in Nigeria and the regions. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? So many challenges, the most recurrent one being the slow pace of our justice delivery system, which frustrates almost every litigation Lawyer. What was your worst day as a Lawyer? It was a matrimonial matter, which I handled in Ogun State High Court. It was undefended, so I felt it ought to be a piece of cake, but alas, I was wrong! We had served the Respondent,

cally schooled, dressed down by the Judge and sent back to Lagos to “go and ask my seniors and colleagues”, how to set an undefended matrimonial matter down for hearing. I will never forget that court appearance in a hurry, as I recall sweating in the well-ventilated expansive court room, in Shagamu.

Olumide Babalola

and the time within which to enter appearance had lapsed, but instead of filing Forms 31, 33 and 34 under Order 11 of the Matrimonial Causes Rule, I filed a motion under the Ogun State High Court Civil Procedure Rules, to set the matter down for hearing. The meticulous Judge was Hon. Justice Gboyega Ogunfowora, and unfortunately for me, it was a very busy day for his Lordship, so the court could not even accommodate any Lawyer that appeared to be “not ready”. When I sought to move my application (which should have been mere Forms), I was practi-

What was your most memorable experience as a Lawyer? Winning a personal public interest matter at the Court of Appeal, when the Federal High Court had earlier lambasted me for being a busy body and meddlesome interloper. It was a vindication of some sort for me, in my quest for public emancipation through the courts. The Court of Appeal, perhaps, saw how embarrassed I was by the uncomplimentary label – “busy body”, and specifically held that, I was not, and that every citizen has locus standi to challenge any infraction of the Constitution, especially where it concerns fundamental rights. Who has been most inﬂuential in your life? My wife, Ajibike. My biggest and closest critic, who has been with me right from my very first day in the University. We were called to the Bar together, and she keeps playing very significant roles, on and off my practice field. Why did you become a Lawyer?

My mother, surprisingly, saw me as a Lawyer, even before I saw myself in that light. She encouraged and essentially took me to the Law Faculty. I however, made a conscious effort to be a “practicing Lawyer”, when I realised, a couple of years after my call to Bar, the role of Lawyers in nation building. What would be your advice to anyone wanting a career in law? Such a person needs to first, embark on a journey of self- discovery. Sadly, the legal profession is no longer as attractive as it used to be, so every aspirant needs to be doubly sure that he/she is cut out for the vagaries of the profession. It is also important for one to be sincere enough, about the reason for wanting a career in law. I would advice that, the first reason should not be for selfaggrandisement or economic security, as such could lead to some disappointment upon being faced with the sad present day realities of our profession. If you had not become a Lawyer, what other career would you have chosen? I would have become a Movie Star. Where do you see yourself in ten years? I hope to have acquired more certifications in law. Author of the best-selling Law Dictionary, in Nigeria. Developed digital rights litigation in Nigeria, and the regions.

29.01.2019

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

SMS only to 08098898888

Fake News and Freedom of Expression: The Nexus (Part 2)

W Curtain Call

e have so far seen from our last outing, that freedom of expression connotes the liberty of every person to openly discuss issues, hold opinions and impart ideas without restrictions, restraints or fear of punishment. Today, we shall continue with our discourse on the constitutional guarantee rights, to freedom of expression.

Freedom of Speech as Inalienable Rights In general, human rights are sometimes referred to as fundamental human rights or simply fundamental rights. However, in Nigeria, there appears to be some distinction between the terms: in this sense, while the ‘human rights’ encompasses the entire gamut of rights that are fundamental, universal and inviolable rights inherent in man by nature, ‘fundamental rights’ are seemingly limited to the rights enshrined in Chapter IV of the Constitution and the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act. In Hassan & 4 Ors v EFCC & 3 Ors (2014) 1 NWLR (Pt. 1389) 607 @ 636, paras. A – E, for instance, Abiru JCA declared that: “Fundamental rights, are those rights without which neither liberty nor justice would exist. They are freedoms essential to the concept of ordered liberty, inherent in human nature and consequently, inalienable. They are rights that belong without presumption or cost of privilege, to all human beings. They are frequently held to be universal, in the sense that all people have and should enjoy them, and to be independent, in the sense that they exist and are available as standards of justification and criticism, whether or not they are recognised or implemented by the legal system or officials of a country. The moral doctrine of fundamental rights, aims at identifying the fundamental prerequisites for each human being leading to a minimally good life.” See also IGWE v EZEANOCHIE (2010) 7 NWLR (Pt. 1192) 61 @ 92. False News False news refers to the deliberate misinformation or hoaxes, spread, disseminated through the media. False news, is not the same as satire. False news are stories that are fabricated, out of thin air. Simply put, false news are lies (circulated hoaxes), designed to deceive the audience. False news often employs eye- catching and sensational headlines. Social Media Social media are interactive computer-mediated technologies, that facilitate the creation and sharing of information, ideas, career interests and other forms of expression, via virtual communities and networks. Popular examples include Facebook, WhatsApp, Twitter, and LinkedIn. Restriction on, and Derogation from Right to Freedom of Expression The answer, is a resounding no. The right to free speech provided for in Section 39, is certainly not without limits, for Section 39 (2) and (3) of the same section circumscribe them, by prohibiting private ownership, ownership, operation or establishment of television or other wireless broadcasting, without due permission. It also permits restriction on members of the Police, armed forces, and other security agencies. In addition, Section 45 of the Constitution states: “Nothing in Sections 37, 38, 39, 40 and 41 of this Constitution shall invalidate any law that is reasonably justifiable in a democratic society in the interest of defence, public safety, public order, public morality or public health; or for the purpose of protecting the rights and freedom of other persons” Similarly, Article 19 (3) of the International Covenant on Civil and Political Rights, provides for the restriction of the right to freedom of expression. Also, in this regard, Article 9(2) of the African Charter

“....IT IS CLEAR THAT, THE RIGHT TO FREEDOM OF EXPRESSION, DOES NOT MEAN RIGHT TO SPREAD FALSE NEWS ON SOCIAL MEDIA”

on Human and Peoples Rights, simply provides that, the exercise or enjoyment of the right to freedom of expression shall be done within the limits of law. The determination of whether a particular act is justifiable in a democratic society, is a question of fact, solely reserved for the court to determine. Thus, in CHIKE OBI v DIRECTOR OF PUBLIC PROSECUTION (1961) 1 ANLR 186, the Federal Supreme Court held that, its role was not merely to rubber stamp the acts of the Legislature and the Executive; that the court must be the arbiter of whether or not any particular law is reasonably justifiable. Also, in OLAWONYIN v ATTORNEY- GENERAL OF NORTHERN NIGERIA (1962) 1 ANLR 324, the Court held that, a restriction upon a fundamental human right, before it may be considered justifiable must (a) be necessary in the interest of public morality and (b) not be excessive or out of proportion to the object which it is sought to achieve. Though, Section 45(1) of the 1999 Constitution of Nigeria does not expressly mention the act of spreading false news, as one of the vices that can lead to restricting the right to freedom of expression, a careful examination of the purpose of the law of defamation, brings it within the contemplation of the said constitutional provision, as one of the laws that is reasonably justifiable for the purpose of protecting the rights of others, and in this case, the right to protect their reputation. It can therefore, be safely said that, Section 45 (1) envisages restrictions on free speech to include treason, official secrets, contempt of court, or parliament, defamation, civil libel, slander under criminal law, incitement to mutiny or dissatisfaction among armed forces or Police, blasphemy, incitement to commit criminal acts, public disorder, racial hatred, etc. In the United States of America’s famous case of SCHENCK v UNITED STATES (1919) 249 U.S. 47, the Supreme Court invented the famous "clear and present danger" test, to determine when a State could constitutionally limit an individual's free speech rights, under the First Amendment of the U.S Constitution. In reviewing the conviction of a man charged with distributing provocative flyers to draftees of World War I, the Court asserted that, in certain contexts, words can create a "clear and present danger" that Congress may constitutionally prohibit. While the ruling has since been overturned, Schenck is still significant for creating the context-based balancing tests, used in reviewing freedom of speech challenges. The case involved a prominent socialist, and General Secretary of the US Socialist Party, Charles Schenck, who attempted to distribute thousands of flyers to American servicemen, recently drafted to fight in World War I. Schenck's flyers asserted that, the draft amounted to "involuntary servitude" proscribed by the Constitution's Thirteenth Amendment (outlawing slavery), and that the war itself was motivated by capitalist greed, and urged draftees to petition for repeal of the draft. Schenck was charged by the U.S. government, with violating the recently enacted Espionage Act. The government alleged that Schenck violated the Act, by conspiring "to cause insubordination ... in the military and naval forces of the United States". Schenck responded that, the Espionage Act violated the First Amendment of the Constitution, which forbids Congress from making any law abridging the freedom of speech. He was found guilty, on all charges. The U.S. Supreme Court reviewed Schenck's conviction on appeal.

The Supreme Court, in a pioneering opinion written by Justice Oliver Wendell Holmes, upheld Schenck's conviction, and ruled that the Espionage Act did not violate the First Amendment. That Schenk’s flyer amounted to a violation of the Espionage Act of 1917 (amended by the Sedition Act of 1918). The Court maintained that, Schenck had fully intended to undermine the draft, because his flyers were designed to have precisely that effect. The Court then argued that, "the character of every act depends upon the circumstances in which it is done”. While in peacetime such flyers could be construed as harmless speech, in times of war, they could be construed as acts of national insubordination. The Court famously analogised, to a man who cries "Fire!" in a crowded theatre. In a quiet park or home, such a cry would be protected by the First Amendment, but "the most stringent protection of free speech, would not protect a man in falsely shouting fire in a theatre and causing a panic”. In sum, free speech rights afforded by the First Amendment, while generous, are not limitless, and context determines the limits. "The question in every case, is whether the words used are used in such circumstances and are of such a nature, as to create a clear and present danger that they will bring about the substantive evils that Congress has a right to prevent." Against this test, the Court upheld the Espionage Act, and affirmed Schenck's conviction, finding that his speech had created a clear and present danger of insubordination in wartime. The decision, in addition to sending Charles Schenck to jail for six months, resulted in a pragmatic "balancing test", allowing the Supreme Court to assess free speech challenges against the State’s interests, on a case-by-case basis. (Justice Holmes, the test's creator, however, would attempt to refine the standard less than a year later, when he famously reversed himself and dissented in a similar free speech case, Abrams v United States.) However, the "clear and present danger" test, only lasted for 50 years. In 1969, the Court in BRANDENBURG v OHIO (1969) 395 U.S. 444, replaced it with the "imminent lawless action" test, one that protects a broader range of speech. This test states that, the government may only limit speech that incites unlawful action, sooner than the Police can arrive to prevent that action. As of 2019, the "imminent lawless action" test, is still used. Spreading False News on Social Media and Freedom of Expression From the foregoing analysis, it is clear that, the right to freedom of expression, does not mean right to spread false news on social media. In fact the constitutional right to freedom of expression and the act of spreading false news on social media, are strange bedfellows, and can never harmonise, due to overriding public interest. Section 45 of the Constitution has done a good job by providing reasonable restriction, in order to avoid the reckless use of the freedom of expression to wreak havoc in the society. (To be concluded next week). THOUGHT FOR THE WEEK “The inability or unwillingness of citizens to differentiate between fake and authentic news, is undermining a fundamental assumption of democracy: the informed voter.” (Richard Edelman).

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29.01.2019

Dr. Olisa Agbakoba, SAN PHOTOS: Kolawole Alli

‘Nigeria Is Adrift’ It is when a country is going through serious crisis, that its true heroes and patriots emerge. In the tumultuous days of military dictatorship, he dared the despotic, sanguinary regime of General Sani Abacha and paid dearly for it, suffering several incarcerations and physical abuse. Today, former President of the Nigerian Bar Association, Dr. Olisa Agbakoba, SAN, is back in the trenches, telling truth to power. In an interesting early morning encounter, the Learned Senior Advocate told Onikepo Braithwaite and Jude Igbanoi why he is bitter about the state of the nation, and the dire consequences of the purported suspension of the Chief Justice of Nigeria, Walter Samuel Nkanu Onnoghen. He also discussed his worst fears for the future of Nigeria, if care is not taken

earned Silk, why are there such diverse opinions as to which procedure should be followed in the CJN’s asset declaration matter? In the face of the Court of Appeal decision in Nganjiwa’s case, in which Section 158(1) of the Constitution was read into Section I 21(b) Part 1 Third Schedule also of the Constitution, to come to the conclusion that in the case of judicial ofﬁcers and alleged misconduct in the line of duty, they must face the NJC ﬁrst. Was it not based on this decision that, this same CCT declined jurisdiction in Ngwuta JSC’s case? What then, can the AGF/Executive/ CCT be basing their own actions on? Some who support the CCT trial, claim that the allegations against the CJN are criminal offences (like the allegation that the CJN owns 50 houses), and not misconduct in the line of duty. Kindly, shed some much needed light on this matter. I think that the starting point, is to say that the issues surrounding the CJN and the allegations that

suddenly broke two weeks ago, are clearly, in my view, there is something motivating it. I am concerned about the timing between the pending 2019 elections and the issues around the CJN; it leaves room for concern. Like you rightly said, the procedure around which Judges are brought to book, has been settled. Before the Court

“I AM SURPRISED THAT THE CHAIRMAN OF THE TRIBUNAL, MR. DANLADI UMAR, LISTED IT, WHEN IT WAS CLEAR TO HIM THAT, IT WAS AN INCOMPETENT CHARGE SHEET”

of Appeal decision you referred to, there was a grey area, in that, when the DSS, SSS, Police went to Justices’ homes, broke down their doors of Justices of the Court of Appeal, the Supreme Court and some High Court Judges, effected arrests, the opinion even at the Bar was split. Some said if you did something wrong, go. Until that decision came down. So, that became the reference point. If you needed to try a Judge or haul a Judge before a court of to a Police station, you are bound to follow that case which says, by constitutional provisions, the NJC is the reference point. So, the question is, and this question has a background. The allegation was brought by an inconsequential NGO before the CCB on a Wednesday. On Thursday, Friday the charges are framed, and by Monday the arraignment. The Attorney-General who ought to frame charges under the law, was not involved. The CCB has no power to frame charges, and they did so. I am surprised that the Chairman of the Tribunal, Mr. Danladi Umar, listed it when it was clear to him that it was an incompetent charge sheet. He would have said ‘why is the AGF not on the docket?’ Hassan v A-G Kaduna State settles that point. The A-G must

29.01.2019 “THIS RAISES THE QUESTION, WHETHER THE CCT ACTUALLY BACKDATED THE ORDER.... THE EX PARTE ORDER, IS ABSOLUTELY PERVERSE AND UNCONSTITUTIONAL, AND OUGHT NOT TO HAVE BEEN OBEYED BY THE PRESIDENT....”

initiate the proceedings. The AGF was not on this one, yet it was listed in such a quick and fast way, that leaves any right thinking Nigerian to say ‘there has got to be something here’. That something is that, they want the CJN out. That is my view! They want him out of the electoral process. Because, the Judiciary somehow has come down harder on the APC. Not that they are partial to PDP, but just that APC bungled its primaries. The rules were uncertain, and there were a lot of unconstitutional matters as to which rule to apply, consensual, indirect or direct primaries. So, naturally when they came to court, they court found it easy to strike them down. Is that why the Executive is concerned? Yes! Because this is a desperate thing. The APC officials, like Lai Mohammed, has shown that they are extremely desperate. And if that is so, then will it be too far fetched to say that, the CJN who may be called upon to be the ultimate referee, in the event of a tie, a very close race, the CJN will be called upon. Unfortunately, the persona of the CJN reflects the wrong image. The CJN is only a primus inter pares. The CJN is only number one, amongst equals. He really can’t influence anything in the Supreme Court, other than to pick a panel. All the Judges that are in the panel of whatever case, whether it’s the ordinary panel of five or a full court of seven, the Presiding Judge really can’t influence anything. Even in the same CCT, it was a split decision of 2-1, on the question whether the decision of the Federal High Court of the National Industrial Court stopping the proceedings in the CCT, was binding. That tells you that, the mind of a Judge, is one that you can never predict. So, to assume that removing the CJN from the scene and putting the second in rank who is from Bauchi necessarily means that decisions will be given in favour of any party, PDP or APC, is a false presumption. The Judiciary is quite independent, and therefore, I have been saying to myself that, this is a very laughable allegation that they have brought against the CJN, irrespective of whether he is guilty or not. Because the rule of law, due process, is what underlines the whole issue. The Constitution was deliberately framed, to recognise Montesquieu’s division of power into three separate coequal arms of government, Legislative, Judiciary and Executive, each headed by a head. All of them are coequal, maybe the President is superior. But, like the trinity in the Catholic Doctrine, each one cannot say I’m going to impede into the territory of the other. So, the Executive can’t impede into the territory of the Judiciary, and remove the personification of the head. Not Walter Onnoghen, but the Chief Justice of Nigeria. You can’t remove him, unless you follow due process. What is not often known is that, Judges have immunity from criminal prosecution. Is there anything like judicial immunity? Like in Nganjiwa’s case, some believe that it has introduced immunity through the backdoor, since Judges are not included in Section 308 of the Constitution? The immunity doctrine has to be understood, in the historical context. The immunity doctrine arose from the Treaty of Versailles in France, after the European wars, and there was complete chaos, and the European Monarchs agreed that it was time to heal the wounds. They sat down and crafted statehood. They created new States and Ambassadors Plenipotentiary, and designated names for each of these Ambassadors. And then, they made a very important doctrine of coequality of States. It doesn’t matter how big you are or how small, all States are equal, and the Ambassadors that represent the States, cannot be arrested. That was how it started. And, of course, the sovereign is immune from civil and criminal distress. But, as time went on, the nature of immunity broke into two. The personal and the official. The personal immunity is covered by Section 308, which inures to the benefit of Chief Executives of the States and the President. But, official immunity, is the one less understood. Official immunity, can and maybe enjoyed, as conferred by law and the Constitution. So, the fact that Section 153 created the National Judicial Council (NJC) and conferred on the Council, powers to exclusively deal with the Judges, so that they are immune from civil and criminal distress, insofar as other law enforcement agencies are concerned, unless

COVER/9 the NJC first has a bite and derobes the Judges. That is what the Court of Appeal decision confirmed. If a judicial officer was driving drunk on the road, hits somebody and kills somebody, what happens? Its covered by the decision in Opene v NJC. The thing about it is, it is the ignorance that is the problem. So, what this case has done, is to show to Nigerians for the first time that, the notion that all persons are created equal and the law applies to all persons, has inevitable exceptions, to quote the famous words of Prof Ben Nwabueze, SAN. It has inevitable exceptions. We are not all equal. Are you equal with the President of Nigeria? Am I equal with the CJN? No. That all are persons are created under the law, is a notion that cannot be disputed. But, it has inevitable exceptions. In respect of the President, there is an exception. You can’t go against the President, until he is out of office. until you defrock him, you can’t go against a judicial officer, until you derobe him by the NJC. Even if it’s a clear case of a criminal offence? That is the judgement in the case of Opene v NJC. Whatever crime, it goes to NJC. However, NJC in its wisdom, will be expected to do the right thing. So that, a judicial officer caught in the till stealing, I don’t think the NJC will say ‘ok, go free’. So, in that situation, if a judicial officer kills somebody on the road, the Police will not arrest him? How that will then work in practice, is a different thing. So, even if the Police were to arrest him, it might be for the purpose of bringing him before the NJC. But the whole idea is that, the NJC plays a central role in the disciplinary process of judicial officers. What the Constitution says is that, the NJC will take those measures amenable to remove his immunity, so that the law enforcement agencies can do their work. So, what I am discussing now is covered by the Court of Appeal decision anyway. But, the Court of Appeal, if I had been in the case, I would have referred them to Opene’s case, where the court made it clear and held it covered all kinds of transgressions. This is one form of immunity. There is another type of immunity. The second kind of immunity, is when a Judge is acting qua officio, acting in his judicial capacity. That is, if he is giving a judgement and he says something wrong, he is fully immune. But, there is a third and more powerful one, covered by Section 292 of the Constitution, and it divides the immunity into three types. First, the CJN. The only way you can remove the CJN, is to lay a charge at the Senate and upon 2/3 majority of the Senate, not of those who are sitting and voting, but of the entire Senate, the President may remove him. In case of other heads of court, the Chief Judge of the Federal High Court and others, in respect of the contravention of the CCT we are talking about here, or the Judges Code of Conduct, 2/3 of the House of Assembly is what is required to remove them. If the 2/3 says ‘we agree’, the Governor will remove him. In the case of Judges, the NJC is the right authority. So, that is official immunity. You can’t therefore, proceed against a Judge in spite of what notion we hold of the law. Those are the exceptions that Prof Nwabueze, SAN, so eloquently referred to. We understand that you have filed a suit in court on the matter of the CJN. What informed your decision to institute an action in court? What is. the subject- matter of your case? Some are saying that your case may amount to an abuse of court process, seeing as an action has already been filed at the National Industrial Court on the same issue? They are completely different. My case covers the nature of judicial immunity. So, I am asking the court to declare that Judges have judicial immunity. And that the immunity so conferred on Judges, is absolute, exactly the same as the kind conferred on the President. Just that in the President’s case, the wordings are more directly used. So that if you look at it, you’ll say ‘oh Section 308!’ but, Section 292 does exactly the same thing! So, I am asking the court to extend the principle in Nganjiwa’s case, in respect of saying that the heads of court, the removal is by the House of Assembly upon relevant prayers to the Governor. In respect of the CJN, it’s the Senate, confirmed by the President. That is a fresh point. When that is done, it will then add to the judicial literature. So that next time, we’ll know that this is the way to go. Although, I would have expected the Attorney-General of the Federation, having read Nganjiwa, will know that this type of action, is simply unconstitutional. In fact, to be honest with you, I am disappointed in the Chairman of Code of Conduct Tribunal, Mr. Danladi Umar. He is a Lawyer, he is not a Judge. Let me pause here, to discuss inferior tribunals. Now, there are two kinds of courts historically, recognised from the days of the King, appointing the Lord Chancellor to sit on the Bench next to him. That was how the courts, arose. Only three kinds of courts are recognised by the Constitution under Section 6, as superior courts of record. The High Court, Court of Appeal and the Supreme Court. All other courts, it

doesn’t matter the kind of jurisdiction you give them, are inferior tribunals. Even Customary Courts of Appeal, Sharia Courts, Area Courts? Everything else! They are not courts. They are all adhoc, quasi judicial tribunals. And the correctness of their decisions is amenable by the lowest court of record, which is the Federal High Court. So, in truth, what the CCT does, is reviewable by a Federal High Court. So the CCT refusing to acknowledge the decision of the National Industrial Court, how do you see that? I will tell you why they refused. Because in the case of Saraki before the CCT, Prof. Ben Nwabueze led me in offering legal advice to Saraki. Eventually, the points made to the CCT were threefold. First, its not a court of record. Second, its an inferior court. Third, it has no criminal jurisdiction, because the CCT is a constitutional tribunal, created under the relevant schedule of the Constitution. As a result of the desire to have a political court, Obasanjo passed an Act in the National Assembly, conferring criminal jurisdiction on the CCT. So, its coming back to haunt all of them! Obasanjo conferred criminal jurisdiction on CCT, so that he can have enemies he can take before his own court. The CCT is quasi-judicial tribunal, that reports to the Secretary to the Federal Government. CONTINUED ON PAGE 10

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‘NIGERIA IS ADRIFT’ CONTINUED FROM PAGE 9 That cannot be a court under Section 36 of the Constitution, where its constitution must be independent of the Executive. The court described in Investment and Securities Tribunal and titled Tax Appeal Tribunals, are not courts. The Judges are appointed by the Minister for Finance, but some of them now carry letterheads saying ‘Mr. Justice’. I know that the Chair of the Investment and Securities Tribunal, styled herself Chief Judge. But, that is not a court. So, we have to be clear on the nature of the courts we have, and the CCT is not such a court. Unfortunately, when arguments were presented to the Supreme Court on these diverse jurisdical issue, they fell into the error of elevating the CCT to the level of a superior court of coordinate jurisdiction, that can exercise criminal jurisdiction. So, at the Body of Benchers Meeting we held last Saturday, I informed the Body of Benchers that I had written a letter to the CJN to the effect that, the travails we are suffering now have been partly self imposed, because you are the ones that took this inferior court and tried to make it a superior court. So, now they are using it against you! I also reminded him that at the end of the day, public confidence in the judiciary was at very low ebb. So, what he needed to do was to dust his files, go to the archives, bring out all those files that the late Justice Dahiru Musdapher of blessed memory had started in a 29-man groundbreaking committee of which I was a member, and shake the Judiciary, root and branch reforms! If you don’t do that, there will be no confidence. What is happening now is that ‘is the CJN guilty or not?’ is because nobody has confidence in the Judges anymore. That is the problem. So, I told them ‘you are the ones that armed a political court, with this type of power. But, you failed to arm your own court’. Because, we have three courts. We have the Appeals Court of the Body of Benchers, that reviews decisions from the Legal Practitioners Disciplinary Committee; the Legal Practitioners Privileges Committee. I moved that motion, but it was defeated at the Body of Benchers Meeting, that we should haul Mr. Malami to this court! Because, it is misconduct for the Attorney-General of the Federation, in the face of Nganjiwa, to prefer a charge. If he doesn’t know about the charge, what has he done now that he knows? So, he should answer questions. Unfortunately my motion was defeated. But, we have to bite! We are not doing enough. The NJC has not really made a proper statement, since all this started. Learned Senior Advocate, kindly, comment on the CCT order suspending the CJN last week? How do you see it? Is it lawful? The order is what we call in law, a very perverse order, in particular because the application was made ex parte when the CCT itself had adjourned the same application on notice a day before, to be taken the next week. So, it is shocking that the same CCT the next day having adjourned the application on notice, then takes an application without notice, on the same issue. It is also more perverse, when the same CCT had adjourned an application challenging jurisdiction. So, these two applications were adjourned. Then, you turn around. This raises the question whether the CCT actually backdated the order. The CCT would have been aware that the Appeal Court, had issued an order staying proceedings. In view of this, the ex parte order is absolutely perverse and unconstitutional, and ought not to have been obeyed by the President, because the President is himself is bound by the Appeal Court order staying proceedings in respect of all matters relating to the CJN. Some are saying that it’s a case of having two Chief Justices at once, while others are saying that going on the precedent of the Abia State Governor, Abia State former Chief Judge, Justice Uzokwe and Justice Obisike Orji who was purportedly sworn in as the Acting Chief Judge, after Uzokwe was removed illegally, that Onnoghen JSC is the CJN

and Tanko Mohammed JSC should not have agreed to be sworn in as acting CJN. Kindly, comment on this Absolutely. Don’t forget that Section 292 of the Constitution is clear on how to remove the CJN. Some argue that this is not a removal, but a suspension and that Section 292 does not apply. No, because the reliance on the Interpretation Act, will not hold water in view of the specific removal provisions of Section 292. The Interpretation Act will be relevant, if there is a lacuna, if there’s nothing else in any other law that is specific. Now that Section 292 is specific, in relation to how to deal with the CJN, then that will apply. Furthermore, following the Court of Appeal decision in Nganjiwa’s case, in any event, the way to remove a judicial officer has been set out in that case, to mean the NJC will first be approached with any complaint of misconduct, and upon the NJC’s findings, any law enforcement agency or court can come in, so that the reliance on the Interpretation Act flies in the face of not only Nganjiwa’s case, but Opene v NJC, an earlier Court of Appeal decision that is often overlooked. In that case, the Court of Appeal set out more broad rules. Opene’s case is even more to the point than Nganjiwa’s case. So, in summary, Justice Tanko Mohammed will be confronted with the odd situation that he himself was a member of the panel that reviewed the Abia case, and held that, any judicial officer who presented himself to be sworn in, without the procedure set out by NJC is guilty of misconduct. So, what I’m going to do, as a Lawyer, is to send a petition to the NJC for the removal of Justice Tanko Mohammed on the grounds of misconduct, and I will rely on the precedent set by the NJC in respect of previous cases, which even Tanko Mohammed was a member of the panel. Then, I will also approach the court tomorrow, to clarify the proper procedure to remove the CJN, and whether what the President has done, meets that requirement. And if not, the for a further order that the swearing of Justice Tanko Mohammed by the President should be declared null and void. Learned Silk, I think that that matter may have been settled in the case of Elelu-Habeeb v AGF 2012 40 WRN 1, where the Supreme Court held that by virtue of Section 292 of the Constitution, the heads of judicial arms of the State and Federal Governments in the country, cannot be removed without the prior investigation conducted by the NJC. In that case, the court set aside the purported removal of the then Chief Judge of Kwara State I am aware of that decision, but, what has happened here is very graphic, because

“THIS IS THE WORST GOVERNMENT IN NIGERIA’S HISTORY! THE WORST GOVERNMENT! COLOSSAL FAILURE! THE HEAD HAS NO CLUE, WHAT HE IS DOING”

this is the head of a coequal arm of the Federal Government. So, it is important in spite of the case you refer to, to have the law re-declared. That is why you have declarations. It is important, in view of what the President has done, because sometimes what happens at State level, does not resonate at National level. What has happened here, is the equivalent of a civilian coup d’etat. So, it’s important for the court to re-state the proper procedure in respect of the CJN, and not just a Chief Judge of a State. Because, many cases have decided issues concerning judicial officers at State level. But, the difference between that and what I intend to do, is to say, in view of what the President did on Friday, where this stands in the face of Section 292. I also think that the NBA should, at the earliest opportunity, call an emergency which I am aware they have called, call on Lawyers to down tools. Because, if this infraction is allowed to go, it may have grave consequences for Nigeria’s constitutional set up. I am very disappointed that, 250 Judges of the various courts in Nigeria, superior courts of record, allowed themselves to be sworn in by an illegal acting CJN. It is a disgrace. I condemn each and every one of those Judges, who appeared. They have violated their oath of office, and whatever they are going to do, will be inconsequential, null and void. You can begin to see that, unless this matter is dealt with, it is going to have grave ramifications, because if eventually, or rather, when eventually Justice Tanko Mohammed is removed as a Justice of the Supreme Court, what are we going to say to those people who were illegally sworn in? What would be the impact of their decision on the various Election Tribunals? So, the earlier this is dealt with, the better. So, you can say categorically Learned

Silk that you do not see any provision in the Constitution that allows the CCT to suspend the CJN? There is no such provision. The only provision is Section 292 of the Constitution. That’s all. The jurisdiction given to a court, is said to be substantive. So, if you look at the substantive jurisdiction of the CCT, it is not criminal in nature. It is just to do with asset declaration. And, nothing gives them that power, procedurally or by way of ancillary orders, to go as far as them having the audacity to remove by ex parte, an officer of the level of the CJN. For me, the NBA should haul the Chairman of the CCT to the Legal Practitioners Disciplinary Committee. Are you aware that the Chairman of the CCT himself is facing charges of allegations of taking bribe from a litigant? What is the effect of this on the scheme of things? Absolutely. I am aware, and nothing has happened. So, how can a man whose conduct is even called into question, whose Registrar collected money on his behalf, and a Report was made to the EFCC over a year ago, up till now, nothing has happened. And it is such an impertinent person that will sit. As the Chairman of an extremely inferior Tribunal, he has the audacity to remove the CJN! It is a big crisis. I am ashamed of the officers that were sworn in, because I was expecting the judicial officers across the country, to down tools. I am shocked that the Supreme Court Complex, so easily collapsed to this so called acting CJN. How did he take control of the Supreme Court? How did he enter there, sit on a throne, and swear in people? All of the staff that took part in this illegal action, are accomplices and the NJC must deal with them. Otherwise, this thing is going to eat up the Judiciary. The fact that Tanko Mohammed put himself to be sworn in, has split the Supreme Court. Some may not like it. It has broken the esprit de corps that exists in the Supreme Court. Shame on the man. I saw him on television, looking like a scared cow. I don’t know whether he was dragged there by force. I don’t know whether he went there of his own volition, or he had to do it under force of arms. I don’t know. Even in the issue of Danladi Umar who is a Lawyer, in Saraki’s case, there actually was no Attorney- General at the time, and it is the Attorney-General by virtue of Section 24(2) & (3) of the CCT Act, who is the one with the power to institute proceedings or authorise their institution at the CCT. The Government’s argument was that, it could be done by anyone from his ofﬁce, which with respect, cannot be right The Supreme court said it doesn’t matter. They actually said it doesn’t matter, even when we pointed out that there was Hassan v Attorney-General of Kaduna State, which was decided by them. So, at the earliest opportunity, maybe this is going to be such a case. We intend to restate all these principles to the Supreme Court, and urge them to depart from the error in Saraki’s case. Otherwise, what they have done in Saraki’s case, is to empower executive courts. So that anybody can create a court. For instance, the Minister of Transport can create a court, give it jurisdiction by passing a statute, and take it to the National Assembly and say it has criminal jurisdiction. Whereas, the Constitution spells out the architecture of a real court. We need to review Section 36. The court must be constituted in such a way, as to guarantee its independence. How can Mr. Boss Mustapha be the head of the CCT, and those Judges have independence? It is clear that, they don’t have independence. But, a Judge of the High Court, is sworn to his duty, knowing that his removal is protected by the NJC. But, is the NJC not a Federal Executive body, created by Section 158 of the Constitution? You are right, but it was put in the wrong place. In fairness to NJC, it has overtime exerted its own independence, except on funding, where the NJC has CONTINUED ON PAGE 11

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‘NIGERIA IS ADRIFT’ CONTINUED FROM PAGE 10 gone to sleep. But, generally the NJC has sort of marked its turf to say, ‘you can’t come in here’. So, what is at play here, is an executive-judicial fight over territory. And, I do hope that the NJC would see that, this is the time they must sit up and regain their boundaries. But, in doing so, they must carry the public on their side. You can’t have cases lasting in the court for 10 years, and expect that the public will be on your side. You may be surprised that, if you took a vote now, the public may say ‘good for him. After all what has the court done for me? When my landlord threw me out, the court didn’t come to my rescue’. All those little things, influence public thinking. So, we need to review the Judiciary. For me, that is the big lesson from this. Not so much Walter Onnoghen. I think he will survive, but I think I’m more interested in making sure that the NJC emerges from this,, as a stronger institution. The President, who heads the Executive arm of government, claimed that he was unaware that the CJN was going to be arraigned, and was being prosecuted. In the light of the fact that CCT is bent on going on with the trial, and the Presidency still hasn’t come out to stop the process, should there be any reason to continue to trust the Presidency on this? The simple answer is, during the Cold War, the CIA developed for American Presidents, in particular Eisenhower and Nixon, the doctrine of ‘Plausible Deniability’, which will mean that, if the CIA goes to Iran and cuts the head of the Dictator, the President would say ‘I didn’t know’. So, President Buhari’s denial, creates plausibility, ‘I didn’t know’. Alright, now that you know, what have you done? Clearly, the President is not speaking the truth. He is well aware! I doubt if this kind of big decision was taken without the President’s foreknowledge. If the President did not have foreknowledge, now that he has after-knowledge, what has he done? Although, the Body of Senior Advocates of which you are a member, recently met in an emergency meeting and condemned the CJN’s perceived persecution, we understand that BOSAN was actually quite divided on the issue. Is that true? Naturally, naturally! Where you have a room of Lawyers of high standing like Prof Nwabueze, Prof Kasumu, former President of the Bar Chief Wole Olanipekun, people like Mike Ozekhome, you will have different views. So, we did what was natural, we had to create a communiqué that everybody liked. I saw the communiqué; I would have wanted a much stronger communiqué. One that would have condemned the Executive directly, one that would have hauled the

AGF before relevant disciplinary bodies. But, caution was exercised. So, what we decided to do, was to invite him to give explanations. It was a middle of the road communiqué. The 2019 general elections are upon us. With all that is happening, can Nigerians be assured of free and fair elections? Do you think that, the cry by the opposition PDP about removing Amina Zakari from her present position at INEC, is much ado about nothing? No it isn’t! The thing about Amina Zakari, is that she mightn’t really have the influence that PDP wants to ascribe to her. But, she has become a nuisance. She is in the way. Without prejudice whether is actually a nice person, if INEC says that her job is not important in any event, then why don’t they just find somebody else. Because, perception is a very strong thing. The perception is, ‘why is she there?’ Let INEC now show us that, she mustn’t be there. So, I would say without prejudice to giving credence to what PDP is saying, it just makes sense for INEC to give us confidence building measures and say ‘we have asked her to go on to other duties’. After all, she is a very senior person, so why is she in charge of clerical work of collating office? Why is she in charge? If the work is not important, why is she there? You can look for a Level 5 officer and put them there. Why would you put a senior, former Acting Chairman of INEC, to be in such an innocuous job? There must be other very eminently qualified appropriate junior officers, who can do the job. So, could we please have her moved, so that we can all have peace? And we can then say ‘thank you’ to INEC, for giving confidence to us, even though we may be wrong about the perception, but just move her aside! In short, justice must be done, and be seen to be done? Manifestly to be seen to be done. As this Government is coming to the end of its four year tenure, how do you think they have performed, not just as far as the rule of law is concerned, but in fulﬁlling their threepronged campaign promises, security,

“IT CAN BREAK UP! PRESIDENT BUHARI HAS BROUGHT THIS COUNTRY, TO THE POINT WHERE WE HAVE NEVER BEEN SO DIVIDED”

corruption and the economy? This is the worst government in Nigeria’s history! The worst government! Colossal failure! The head has no clue, what he is doing. Poor Yemi Osinbajo, is masked by incompetent people around him. Corruption is rife. The wife of the President herself, said so. She said many things; she said ‘vote wisely’, which means that she is not 100 percent behind her own man, the President! She has also said to many people, that her husband has been high-jacked by a cabal of two or three people. Perhaps, she meant Maman Daura, Abba Kyari, Ahmed Joda. I don’t know. But, clearly, what she is saying in essence is that, ‘this is not the man who promised you change in 2015’. Now, if Buhari can be so easily hijacked, why does he want a second term? His first tenure of four years, is a colossal disaster! The country is adrift, the stock exchange has lost everything, business is bad, and the attempt to show that the Government has started a social investment programme by handing out money in the market by a Professor of law, is to me a disgrace to a profession of law. Not only to the rank of a professor, but, the rank of a Senior Advocate of Nigeria for that matter! That the Vice President of Nigeria has been reduced to sharing money in the market, as evidence of the government’s strong showing. I think this government has done badly, and I as a person, would ask Nigerians to vote it out! Concerns have been expressed recently, going by the ﬁgures doled out government about the performance of some of its agencies, that Customs has raked in about N1trn, JAMB, over N1trn and the Nigerian Ports Authority also. Given all these fantastic ﬁgures, many are asking why the Government is still borrowing massively to fund the budget every year and our foreign reserves are almost depleted? The first point you made is valid. For those of us who have a history of macroeconomic econometrics, which is a very difficult field of economics, you first of all create an inventory of needs. When you do that, you’ll see where the gaps are. Then you’ll do what the English call PSBR, Public Sector Borrowing Requirements. So, you don’t just say I want to borrow X amount, without knowing what is in the kitty. The problem is that, the Government doesn’t have an inventory. Kemi Adeosun was all over the place, but she never quite got to the point where she said ‘lets see what corporate taxes can bring in, what Customs can bring, what the opaque NNPC can bring, what kind of revenues can we muster together, and say whether that matches our needs’. Because, that has not been done, nobody is doing any matching. They just say ‘we want to

borrow’ and they about borrowing. And of course, in borrowing, not everything that is borrowed, comes back to the table. I have always wondered, who did the borrowing that resulted in the type of airports that are being built in Abuja, Enugu and Lagos. Whether its Jonathan or Buhari, I don’t think they have any idea of what a modern airport should look like. They have no idea! Those are not airports. The point is, this government has no matrix. If they had a matrix, it would be easy to say ‘why do we need money?’ We can’t just say ‘let’s borrow’ anyhow. Borrowing has become a policy. Borrowing is not a bad idea, but like Peter Obi said, you must borrow, not to pay salaries, but you should borrow to build. So, there has been a weakness in Government’s understanding of how its economic tricks work out. That is why you have that result. What are your worse fears about Nigeria in 2019? It can break up! President Buhari has brought this country to the point where, we have never been so divided, and you have all kinds of forces, waiting. Don’t deceive yourself that we are able to sit here today to do this interview, and you say, there is seeming peace. The seeming peace, is brought about by a force of arms, so people know there are policemen everywhere, and people therefore, behave. In a situation where is a breakdown of law and order, and you ask ‘how does that happen?’ It happens where there is no confidence, in the system. So, if the election comes and it doesn’t go down well, you could have explosion. After all, when the current President lost, you saw what happened in the North. My biggest fear, is of a massive uprising due to pent- up anger. People will say ‘well, there is nothing else left’, and the whole place blows up. That is possible. That is why it important that, the three key parties in this, PDP, APC and INEC, show utmost restraint. They must apply, the Jonathan Rule. If you lose, go home. But, if you lose badly, you won’t go home. So, the task on INEC is enormous. They must show us that they have really bent over backwards, to deliver credible elections. If they show, we’ll all know and people will say ‘whoever wins, has won’. If Buhari wins in a fair process, then he has won. Don’t forget that, he has fanatical following in the North. For me, its a very close call. Too close. I’ll say North Central, South South, South East, that is PDP. You can’t know what will play out in the North East or North West, where you have over 20 million votes stuck there. Its very close to call. So, both PDP and APC must really behave like gentlemen, and accept the results. But, they won’t accept the results, if INEC is seen as not doing its work properly. But, if we scale that, I think Nigeria has a very, very bright future, but, not with Buhari.

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D I S C O Onnoghen: How Not to There is a preponderance of views that, the purported suspension of the Chief Justice of Nigeria by President Buhari’s Executive ﬁat last week, is reminiscent of the military dictatorship under which Nigeria was ruled for many years. Even for the ordinary unlearned Nigerian, nobody expected that a serving Chief Justice could be removed, without due process and adherence to the rule of law. But, the reality is that, presently, it is happening and the angst is palpable. Paul Usoro, SAN, Dr. Mike Ozekhome, SAN, Femi Falana, SAN, Sylva Ogwemoh, SAN, Stephen Kola-Balogun and Joseph Otteh of Access to Justice, draw attention to the danger in undermining the judicial arm of government by the Executive, the unconstitutionality thereof, the need for judicial reform, and the establishment of a Constitutional Court

President Muhammadu Buhari congratulating Hon. Justice lbrahim Tanko Muhammed, shortly after taking the Oath of Oﬃce at the Council Chamber of the Presidential Villa , Abuja

Coup against the Nigerian Judiciary and Suspension of the Nigerian Constitution Paul Usoro, SAN

he news media has been awash this evening with the news of the purported suspension of the Chief Justice of Nigeria, Honorable Mr. Justice Walter S C Onnoghen, GCON by President Muhammadu Buhari, GCFR and the swearing in of Hon Justice Ibrahim Tanko Mohammed as the acting Chief Justice of Nigeria. We are told that this was pursuant to an Ex-Parte Order that was issued by the Code of Conduct Tribunal on Wednesday, 23 January 2019.

The Nigerian Bar Association unequivocally rejects and condemns this attempted coup against the Nigerian Judiciary and evident suspension of the Nigerian Constitution by the Executive arm of the Federal Government. The action of the Executive portends a slide into anarchy and complete deconstruction of the Rule of Law and due process. It amounts to an absolute breach of the Constitution and the usurpation of the powers of the Senate and the Nigerian Judicial Council. It is unfortunate that the Executive Branch of Government purports to suspend the CJN on the basis of an alleged ex-parte order of the Code of Conduct Tribunal – the same Tribunal that, to the knowledge of the Executive, had, only the previous day, Tuesday, 22 January 2019 adjourned

its proceedings to Monday, 28 January 2019 and has before it a Motion on Notice that is yet to be argued, seeking the same reliefs as were contained in the purported ex-parte application, to wit, the suspension of the CJN, amongst others. We call on the Federal Government to avert the looming constitutional crisis precipitated by its ill-advised action. In particular, the Nigerian Bar Association demands the reversal of the purported suspension of Honorable Mr. Justice Walter S C Onnoghen, GCON. We also call on the National Assembly to assert its constitutional authority and powers and prevent this slide into chaos and erosion of the Rule of Law. Paul Usoro, SAN President, Nigerian Bar Association

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U R S E Remove a Chief Justice President Buhari has ﬁnally Suspended the Nigerian Constitution Mike Ozekhome, SAN

the President can only remove the CJN from office before the age of his retirement, "acting on an address supported by two-thirds majority of the Senate". When did the Senate meet to donate this power to the President? NEVER. The President has illegally and unconstitutionally stripped both the Judiciary and the Legislature bare of their constitutional functions, usurped their powers, and enthroned maximum dictatorship over the affairs of Nigeria, like Louis X14 once did when he stood in front of parliament, beat his chest imperiously, and declared,"l'etat c'est moi" (I am the State). The ill-advised action does not only assault our noble sense of humanity and dignity as decent Nigerians, it also violently desecrates the principles of rule of law as espoused by Prof A.V.Dicey and the hallowed doctrine of separation of powers as ably propounded in 1748 by the great French Philosopher, Baron de Montesquieu.

he alleged suspension from office of the CJN is the vilest, thieving, most despicable, ultra vires, undemocratic and brazenly unconstitutional act ever carried out by any government in Nigeria, civilian or military, since 1st January,1914, when the contraption called Nigeria was forcibly contrived, through the amalgamation of Northern and Southern Protectorates. The desperate act of a sit-tight President, constitutes a direct suspension of the Nigerian Constitution and the entire democratic process. It has finally removed the remaining veneer of pretension to democratic credentials, by Buhari and his all-conquering cabal. Welcome, Nigerians, to full blown dictatorship, absolutism, authoritarianism and fascism. Buhari has behaved worse than what he was, as a military tyrant. Military juntas always only suspended parts of the Constitution, which they did not like. But, by torpedoing the entire Judiciary, the rule of law and due process, including four valid High Court/Federal High Court rulings and last week’s ruling by the Court of Appeal, all of them staying proceedings of the phoney and funny charges levelled against Onnoghen before the CCT, Nigerians now know that we have now become an endangered specie. It means that, the next election is nothing more than a ritualistic outing to illegally confer life presidency (not just 4 years), on Buhari. There is no known basis, legal, constitutional or moral, to hurriedly bypass courts of law, the judicial process and court orders, to illegally remove the CJN and swear in an Acting CJN.The provisions of Section 292(2) of the 1999 Constitution are quite clear on how the

Hon. Justice Walter Samuel Nkanu Onnoghen

CJN can be removed from office. Aside Sections 153,158 and Parts 1 and 2 of the 3rd schedule to the Constitution, which provide that a judicial officer cannot be removed from office until he has first been tried and dealt with by the National Judicial Council (NJC), Section 292(2) makes it clear that,

“THE PRESIDENT HAS ILLEGALLY AND UNCONSTITUTIONALLY STRIPPED BOTH THE JUDICIARY AND THE LEGISLATURE BARE OF THEIR CONSTITUTIONAL FUNCTIONS, USURPED THEIR POWERS, AND ENTHRONED MAXIMUM DICTATORSHIP OVER THE AFFAIRS OF NIGERIA, LIKE LOUIS X14 ONCE DID WHEN HE STOOD IN FRONT OF PARLIAMENT, BEAT HIS CHEST IMPERIOUSLY, AND DECLARED,"L'ETAT C'EST MOI" (I AM THE STATE)”

What to do? Nigerians should brace up, come out enmasse, to protest against this illegality. We are back to full Abacha era, as OBJ rightly noted three days ago, in his patriotic letter to Nigerians. Nigerian Lawyers and the NBA should shut down all courts in Nigeria, until the CJN is returned to his seat. This was achieved even under military dictatorship in Pakistan, when former Pakistani President, Pervez Musharraf illegally removed from office, the then Chief Justice of Pakistan,Justice Iftikhar Mohammad Chaudhry on 11th March, 2007. All the Lawyers went on strike, from 15th March, 2007, shut down the courts, and protested on the streets for months, until a panel of 7 members of the Supreme Court sat and held that the removal was illegal, and reinstated the Chief Justice. Nigerian Lawyers should act now.The NASS should also shut down in protest, and allow Buhari and his cabal have their jolly ride over cowed, hapless, vanquished and conquered Nigerians.There is no more democracy in Nigeria. Democracy, is as dead as a dodo.The coming presidential election is but a mere charade to confer legitimacy on a pre- rigged, on-the-spot rigged and post-rigged election.The pretentious chicken, has finally come home to roost.This recent act is a big, scandalous shame on the Buhari government, assuming it still knows anything called shame. It has tainted it with the paint brush of odium, obliquy and international derision. The international community should weigh in immediately, to prevent Nigeria from burning. Chief Dr Mike Ozekhome SAN,OFR, Constitutional Lawyer and Human Rights Activist

Illegal Suspension of Chief Justice Walter Onnoghen Femi Falana, SAN

have had cause to call on the Attorney-General of the Federation (AGF), Mr. Abubakar Malami, SAN to withdraw the charge of false declaration of assets filed against the Chief Justice of Nigeria, Justice Walter Onnoghen at the Code of Conduct Tribunal (CCT). The call was without prejudice to the merit of the serious allegations, levelled against the Chief Justice. In line with decided judicial authorities, I had wanted the National Judicial Council (NJC) to investigate the allegations. Unfortunately, the 88th statutory meeting of the NJC scheduled to hold on January 15, 2019 which could have deliberated on the matter and take an informed position, was postponed indefinitely on the directive of the embattled Chief Justice. As the battle shifted to the courts, both the Judiciary and the Executive were forum shopping for court orders from the Federal High Court, the National Industrial Court, the CCT, and the Court of Appeal. In the process, settled principles of law were sacrificed, for the exigency of the moment. Thus, at the 15th Annual Gani Fawehinmi lecture which held in Lagos on January 15, 2019, I was compelled to warn against this dangerous trend. Regrettably, the warning fell on deaf ears. Curiously, in an act of brazen impunity, the Executive procured an ex parte order from the CCT, for the immediate suspension of the Chief Justice from office. In his purported compliance with the ex parte order, President Muhammadu Buhari announced the suspension of Justice Onnoghen as the Chief Justice, and appointed Justice Tanko Mohammad as the Acting

Chief Justice. It is unfortunate that, the Bar and the Bench have played into the hands of the sponsors of incipient fascism in the country. For reasons best known to them, the stakeholders in the legal profession stood by and allowed the Office of the Chief Justice to be completely desecrated. It is intriguing that, the 12 Lawyers, including three Senior Advocates of Nigeria in the Federal cabinet did not deem it fit to dissuade President Buhari from carrying out the illegal suspension of the Chief Justice on the basis of an ex parte order issued by the CCT. In particular, they ought to have reminded the President of the compulsory retirement of Justice Stanley Nnaji and Justice Wilson Egbo-Egbo, for issuing illegal ex parte orders for the removal of Dr. Chris Ngige as Governor of Anambra State. It is sad to recall that, it was the Federal Government superintended by former President Olusegun Obasanjo, that instigated the illegal removal of the Governor at the material time. However, notwithstanding the inauguration of Justice Tanko Mohammad as the Acting Chief Justice, the legal profession should not hesitate to review the entire On-

“DESPITE THE GRAVITY OF THE ALLEGATIONS LEVELLED AGAINST THE CHIEF JUSTICE, THE ILLEGALITY OF THE SUSPENSION SHOULD NOT BE ALLOWED TO STAND”

noghen saga in the interest of the nation's judiciary. In Elelu- Habeeb v AGF (2012) 40 WRN 1, the Supreme Court held that, by virtue of Section 292 of the Constitution, the heads of the judicial arms of the State and Federal Governments in the country, cannot be removed without a prior investigation conducted by the NJC. Consequently, the Apex Court set aside the purported removal of the Appellant as the Chief Judge of Kwara State upon an address forwarded to the House of Assembly by former Governor Bukola Saraki. Therefore, the National Judicial Council should convene and constitute a committee, to investigate the allegations levelled against the Chief Justice and make appropriate recommendations to the relevant authorities. Meanwhile, the legal team of the Chief Justice should proceed to challenge his suspension from office either at the CCT or the Court of Appeal. Despite the gravity of the allegations levelled against the Chief Justice, the illegality of the suspension should not be allowed to stand. The ex parte order is a suspect document, as the motion ex parte on which it was predicated upon was allegedly filed on January 9, 2019, while the substantive charge against the Chief Justice was filed at the Registry of the CCT on January 11, 2019. Furthermore, the counsel who argued the motion, is not indicated in the ex parte order. However, in view of President Buhari's belated fidelity to the rule of law, the Federal Government should comply with all valid and subsisting orders of competent municipal and regional courts, made against the Federal Government. President Buhari should not be permitted, to pick and choose the orders of courts to obey. Femi Falana, SAN, Human Rights Activist

14/DISCOURSE

29.01.2019

Illegality of the Purported Suspension of Chief Justice Walter Onnoghen Sylva Ogwemoh, SAN

s it is often said, you cannot put something on nothing, as the something would definitely fall, since it stands on nothing. This clearly depicts the futility of the purported suspension from office of the Chief Justice of Nigeria, Hon Justice Walter Samuel Nkanu Onnoghen, GCON, last Friday, 25th January, 2019 by His Excellency, President Muhammadu Buhari. Section 292 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) spells out the procedure for removal from office of the CJN, and this section does not require much of interpretation, because of the clear wordings applied by the drafters of the Constitution in framing the section. The President and his handlers, in their desperate bid to remove the CJN from office without due process of law, now seek to rely on a purported order of the CCT to justify the suspension from office of the CJN. The said order of the CCT, if it ever exists raises many legal questions. I was at the CCT sitting on Monday, 21st January, 2019, when the trial of the CJN was adjourned to Monday, 28th January, 2019, after the Chairman of the CCT had ruled that he was not bound by orders made by the FCT High Court, the Federal High Court and the National Industrial Court. On adjourning the matter to 28th January, 2019, the CCT Chairman ruled that arguments will be taken on the Defence application challenging the jurisdiction of the CCT to entertain the Charge against the CJN as presently constituted, at the next adjourned date of the matter. Although, the CCT Chairman displayed obvious bias when he said in the course of the CCT proceedings, that he will proceed to hear the application on notice filed by the Prosecution requesting the CCT to make an order that the CJN step aside and the next most senior Justice of the Supreme Court sworn into office

Justices of the Supreme Court

as CJN after the determination of the issue of jurisdiction, the question to be answered is, whether the CCT Chairman has powers to proceed to make orders on an application on notice which has already been fixed for hearing for a specific date, without the parties to the application being present and argument for and against the merits and demerits of the application considered by the CCT. Did the CCT Chairman decide the application alone by himself in chambers, without the parties to the application being present to proffer argument for and against the application? Who moved the application before the CCT Chairman? Is it the same Aliyu Umar, SAN (Prosecutor) who was present at the CCT during the proceedings of Monday, 21st January, 2019 when the matter was adjourned to 28th January, 2019 or one of the Lawyers that appeared with him in the matter? Does the CCT possess the powers, and indeed, the jurisdiction to make the orders that President Buhari now seeks to rely on in

“....NOTHING STOPS THE LEGISLATIVE ARM OF GOVERNMENT FROM CONVENING AND ALSO PURPORTING TO IMPEACH THE PRESIDENT AFTER AN ORDER TO THAT EFFECT HAS BEEN OBTAINED FROM A SHARIA CUSTOMARY COURT SITTING IN DUTSE”

suspending the CJN from office, when the CJN has not been arraigned before the CCT to enable the CCT exercise jurisdiction over the CJN? In any event, this is a criminal trial, so to say, with the burden of proof on

the Prosecution and the presumption of innocence in favour of the Defendant. Assuming the Defendant is found not guilty at the end of his trial, what happens in the face of this obvious injustice? Being a criminal offence, so to say, are there no sanctions in the Code of Conduct Bureau and Tribunal Act to deal with the alleged offences when the Defendant is found guilty at the end of the trial? Let me ask President Buhari and those involved in this unholy act a pertinent question, what and where is the urgency in this matter, that we cannot wait for the due process of law to be applied through the established course of justice under our constitutional democracy? I wish to categorically state at this stage that, the action of the President is a rape on our fledgling democracy, and a crass display of executive lawlessness that must not be allowed to stand by all well-meaning Nigerians and lovers of our democracy. It is, indeed, a dangerous precedent being unwittingly set by the Executive arm of government, which may ultimately be applied against the executive arm of government in no distant time. Yes, this is so, because in circumstances such as the present situation we find ourselves in our great Country Nigeria, nothing stops the Legislative arm of Government from convening and also purporting to impeach the President after an order to that effect has been obtained from a Sharia Customary Court sitting in Dutse. President Buhari, obviously, has been misadvised and it is not too late in the day to apply a face-saving measure, by reversing this obvious wrong in the interest of our democratic institutions and justice. This would save Nigeria from being further ridiculed at the international level, and also minimise the obvious damage that has been done. It would also save our country a great deal, in terms of foreign investments, as no sane and prudent investor would invest in an economy where the Executive arm of Government freely interferes with the hallowed institution of justice. God Bless Nigeria. Sylva Ogwemoh, SAN

Time for a Constitutional Court Stephen Kola-Balogun

ast weeks events, in the nations Judiciary, often regarded as the third arm of government and the last bastion of hope for the common man, has instead shown as remarked in the Shakespearean play, Hamlet, “that something is rotten in the State of Denmark”, and it is now time for us to initiate much needed reforms, beginning with the establishment of a constitutional court. Contrary to the opinion of many leading and distinguished Lawyers, I believe that the Judiciary has been out manoeu-

“IF WE HAD A CONSTITUTIONAL COURT, THE GOVERNMENT’S DECISION TO SUSPEND THE CJN, COULD BE OVERTURNED IN A FEW DAYS”

vred by the Executive in their handling of the Onnoghen crisis, due to their failure to initiate much needed reforms to the judicial system over the years. Indeed, it is this failure of the Judiciary to initiate these much needed reforms, that has now placed the nation on the brink of a constitutional crisis, and not the other way round. What are the facts that have precipitated this crisis? Onnoghen as the serving Chief Justice of Nigeria (CJN), was charged with committing a misdemeanour. As a public officer, the Government decided that since his offence related to asset declaration, he should be charged under the Code of Conduct Tribunal (CCT). Nigeria’s most senior and distinguished Lawyers, frowned at the timing of these charges on the eve of the country’s 2019 general elections, felt it was a usurpation of the principle of separation of powers, and accordingly, stood up to defend him. In my respectful opinion, the CJN having been charged for an offence under the CCT, ought to have recused himself from office until such a time that he cleared his name. He however, refused to do this, and others looking at the motives of the Government, supported his stance and asked him to stand firm. It is important to note that, no matter how wrong the motives of the

Government are, they are irrelevant in law because they are not justiciable, no matter how much we frown at these motives. Many Senior Advocates of Nigeria, stood up to defend the CJN, and filed an application before the Court of Appeal challenging his arraignment. The Court of Appeal after hearing the application, ruled that the trial of the CJN, should be put on hold, until it could be determined whether or not the CCT has jurisdiction to try the CJN. It was also stated that, the National Judicial Council (NJC) was the appropriate place to deal with erring Judges. Onnoghen, concerned that he may be suspended by the NJC, as is the practice when Judges are put on trial, decided to postpone any meeting of the NJC indefinitely, in his capacity as Chairman of the NJC. This decision by Onnoghen , violates the age long principle of natural justice, which states in part that, no man shall be a Judge of his own cause - Nemo Judex in Causa Sua. This principle of natural justice, is an essential component of the rule of law in any society. The Government reacted to these events by suspending the CJN, a power not known to the Constitution. Since this issue as to whether or not the CJN can be suspended has to be initiated first in the High Court and can be appealed all the way to the Supreme Court, the Government appears to have out manoeuvred the

SANs and our Judges, by exposing the frailties of the legal system in which we operate. In my humble opinion, this is a victory for those of us who have been calling for the reform of our judicial system for years. Our Judiciary has made it easy for Dictators to impose themselves on us, due to their failure to initiate much needed reforms, over the years. We only react to the frailties of our legal system, when an important personality is affected. Nigerians have been suffering from these Judicial shenanigans, for years. It’s time for us to reform. If we had a Constitutional Court, the Government’s decision to suspend the CJN, could be overturned in a few days. It is not enough to be the third arm of government merely in name, the Judiciary needs to step up and show that it can handle the machinations of the Executive, in a challenging democracy such as ours. As a profession it serves us right. We deserve what has happened to us, due to years of complacency and neglect. But, instead of us taking to the streets in protest as some have suggested, let us gather together our finest legal scholars, researchers and draftsmen, to initiate these much needed reforms. Stephen Kola-Balogun, Legal Practitioner, Lagos

29.01.2019

DISCOURSE/15

CCT Chairman, Danladi Umar

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

Crooked! CCT Independence has been Severely Compromised Joseph Otteh “No Reasonable Government can act on CCT’s Order which is so Manifestly Wrong, to Suspend CJN Onnoghen!”

n Friday, the 25th of January, President Muhammadu Buhari purportedly “suspended” Hon. Justice Walter Onnoghen, Chief Justice of Nigeria from office. President Buhari has claimed that he acted on an ex-parte Order of the Code of Conduct Tribunal, made on Wednesday, the 23rd of January, 2019. It is inconceivable that the CCT could have made such an Order given that, during the proceedings of the Tribunal the previous day, an application by the government seeking that Order was not taken, and there were various injunctive orders - including that of the Court of Appeal - requiring the Tribunal to stay action on the case. The government is also aware of these Orders. And we may remark that, on its merits, given the clear provisions of the Nigerian Constitution, the application was itself an obnoxious proposition, that hardly had arguable substance. It is also clearly preposterous that, the Order could have come from the CCT, given that the same Tribunal had adjourned to the 28th of January, to hear arguments on its jurisdiction to proceed with the case in the first instance. Access to Justice is extremely worried by the escalating desperation the government is showing, in its relentless pursuit of an agenda to remove the Chief Justice of Nigeria, and what appears to be a very corrupt manipulation of a judicial process, to achieve its parochial goals. All the anecdotal evidence points unmistakably to signs that, the judicial process is being interfered with, and that the independence of the CCT

has been severely compromised at this time. While we also note that a number of ex-parte Orders have been obtained by different parties in favour of the Chief Justice with extraordinary speed and felicity, given the well-known slow-grinding pace with which processes are administered in Nigeria’s judiciary, Access to Justice decries the Tribunal’s conniving and underhanded ex-parte order for the “suspension” of Chief Justice Onnoghen. By processing a far-reaching and arguably unconstitutional Order through the backdoor, in order to exclude the hearing of parties who would be affected by its decision, the Tribunal commits an irredeemable fraud against the very essence of justice it is established to maintain, and destroys public faith in the ability of institutions of justice in Nigeria, to actually offer fair hearing and due process to persons who come before it. By undertaking a process that is so unthinkably and implausibly flawed and unfair, and conjuring up what may figuratively pass as a “black market” judicial Order, the Danladi Umar CCT subjects the justice process to huge public ridicule, and abuses and corrupts the powers granted the Tribunal for executing justice. This is not the only instance where the Danladi Umar Tribunal has put its integrity to question, but this particular episode comes with

overwhelming shock and disbelief. It appears that no barrel is too deep to be plumbed by the Tribunal, in its blind haste to achieve a sinister goal. Both the Order made by the CCT and the procedure adopted for its making are revolting, reckless and groundless at the very least, to be considered the process or outcome of a judicial proceeding. One of the effects of this shortsighted fraud, is that no one will have any confidence in the capacity of the Tribunal to carry out its work as an impartial, unbiased institution in proceedings against the CJN, and a higher court will likely use this as a ground to disqualify the Tribunal from further continuing with the trial of the CJN. In all likelihood, the government has shot itself in the foot. It is deeply unfortunate that, Hon. Justice Tanko Muhammad would accept to be sworn in as acting Chief Justice of Nigeria through a process that is, on its face, so inherently flawed, manipulated and disingenuous. Not long ago, the National Judicial Council (NJC) of which he is a member, had cause to recommend the retirement of a Judge of Abia State who had offered himself to be sworn in as an Acting Chief Judge in the State after the Abia State government unconstitutionally removed the incumbent Chief Judge. The NJC concluded that the Judge was guilty of a gross misconduct.

“ACCESS TO JUSTICE IS EXTREMELY WORRIED BY THE ESCALATING DESPERATION THE GOVERNMENT IS SHOWING, IN ITS RELENTLESS PURSUIT OF AN AGENDA TO REMOVE THE CHIEF JUSTICE OF NIGERIA, AND WHAT APPEARS TO BE A VERY CORRUPT MANIPULATION OF A JUDICIAL PROCESS, TO ACHIEVE ITS PAROCHIAL GOALS”

Access to Justice, therefore: 1. Calls on the Federal Government to immediately rescind its so-called “suspension” of the Chief Justice of Nigeria; 2. Calls on the Government to stop politicising and undermining the judicial process, as well as the trial of Chief Justice Onnoghen; 3. Calls on Hon. Justice Tanko Muhammad to immediately resign from the so- called appointment as Acting Chief Justice of Nigeria, given the patently illegal way this was procured; 4. Calls for a full and thorough investigation into how the back-door Order suspending the Chief Justice of Nigeria was procured at the CCT, and that the Tribunal Chairman and member be made accountable for such egregious abuse of judicial procedure and powers; 5. Reiterates its earlier call for the removal of Danladi Umar from office as the Chairman of the CCT, in order to restore some form of credibility to the Tribunal. 6. Notes that the politicallymotivated efforts to remove Chief Justice Onnoghen from office using deeply-flawed judicial processes, within the context of impending elections might have portentous political ramifications, and can lead to a huge constitutional and political crisis. It is important for our country and its nascent democracy, to staveoff this looming crisis, and prevent foreseeable chaos and turmoil. The government needs to de-escalate the tensions that are building as a result of its pursuit of Chief Justice Onnoghen. Since the government is convinced CJN Onnoghen has committed criminal offence(s), and has confronted him with it using the ordinary process, it must allow the rule of law to run its course. The government must make every effort now, to dissipate what might be the gathering clouds of a looming anarchy. Joseph Otteh, Convener, Access to Justice

16/

29.01.2019

PRESIDENT BUHARI’S CANDIDACY: NON-COMPLIANCE WITH THE ELECTORAL ACT The All Progressive Congress (APC) on Friday 28th September, 2018 held the ward congress. its Presidential Primaries across the 36 States and Abuja, and endorsed Article 12:15 of the APC Constitution states that, ward congress shall comprise President Buhari in their direct primaries held in all the 8000 wards across all officers and registered members of the party in the ward. Understanding the 774 Local Government areas. The National Chairman of the APC, Adams the constitutionality of a ward congress, a ward congress is only empowered Oshiomhole, came up with a new membership data based on 15.6 million to vote for members who are registered in that ward. members, of which 14,842,072 members voted for President Buhari at the In accordance with the provisions of the Electoral Act and Articles of the ward level.

APC Constitution, direct primary procedure for the APC Presidential

On Saturday the 6th of October, 2018, about 7000 delegates of the APC held a nomination and election, dictates that all members of the APC are eligible Special National Convention at Eagle Square, Abuja, where President Buhari, to attend the National Convention and vote for the party Presidential the party sole candidate was affirmed and adopted as the party Presidential candidate. The Chairman of the APC came up with a membership data of candidate, solely premised on the direct primaries held in all the 8000 wards 15.6 million members of the party. Article 25A(iii) of the APC Constitution on Friday 28th of September, 2018, without any form of independent voting states that, the quorum for the meeting of the National Convention shall by the delegates at the National Convention.

be one-third of its membership. One-third of 15.6 million members is 5.2

Section 87(2) of the Electoral Act 2010 as amended states, ‘The procedure million to form a quorum to hold the meeting of the National Convention for the nomination of candidate by political party for the various elective to elect the Presidential candidate. It is on record that, not more than 8000 positions shall be by direct or indirect primaries’. Article 20 iii(f) of the delegates who are members of the party, attended the National Convention. APC Constitution provides that nomination of candidates for President 8000 members is far cry from 5.2 million members. Hence, the APC did not shall be through direct or indirect primary election to be conducted at the form a quorum to lawfully hold the National Convention in accordance with appropriate level. The appropriate level to conduct nomination of candidate the direct primaries which the party adopted. for President, is the National Convention by virtue of Article 13.1.iii of the Article 20. i of the APC Constitution provides that “where a candidate has APC Constitution which states that the final authority of the party shall emerged by consensus for an elective position at the National Convention, vest with the National Convention which shall have the powers to elect the a vote of “yes” or “no” by ballot or voice shall be called to ensure it was Presidential candidate of the party. This power of the National Convention not an imposition”. With 5.2 Million members of the APC at the National to elect the party Presidential candidate, was never delegated to all the ward Convention to re-elect President Buhari, the party could easily have adopted congresses of the APC, or any other organ of the party.

the voice vote option, which could have been done in compliance with the

A political party that adopts the direct primaries procedure, shall ensure that APC Constitution, and President Buhari would have been duly elected. all aspirants are given equal opportunity of being voted for by members of Kumbh Mela held in North India with 30 million people, is believed to be the party (Section 87(3) of the Electoral Act), whereas a political party that the largest religious gathering on earth. Pope Francis Catholic Mass at the adopts the system of indirect primaries shall hold a special presidential Philippines in 2015, had a gathering crowd of 7 million people. convention where delegates shall vote (Section 87(4)(a)(i) and (ii) of the It is therefore, feasible that, the APC with 5.2 million members, could have Electoral Act).

validly held a National Convention to elect their party Presidential candidate

It is clear, without doubt, that the APC first adopted the direct primaries in Abuja or any other part of Nigeria, in compliance with the direct primary procedure at the ward congress level for nomination of their Presidential procedure. The APC having adopted the direct primary procedure, and held candidate, and thereafter, exhibited their confusion, when they applied the their National Convention with about 8000 delegates under the indirect indirect primary procedure with delegates at the National Convention.

procedure, renders everything done at the National Convention a nullity.

There is nowhere in the Electoral Act or the APC Constitution, which gives The Independent National Electoral Commission should take notice of powers to the Ward Congress to elect or nominate the Presidential candidate this publication, and act accordingly after necessary legal consultation. The of the party. On elections, the Ward Congress has powers to elect members declaration herein, be that the name of President Buhari of the APC be struck of the Ward Executive Committee; Elect Ward delegates to the Local off the list of Presidential Candidates for the 2019 General Elections, for nonGovernment Area/Area Council and State party congress; and undertake compliance with the provisions of the Electoral Act. That, if within 3 days any other business in the interest of the party within the ward. See Article of this publication INEC fails to take notice thereof, the affected aspirants 13:12 of the APC Constitution. All the ward congresses in the Federation should take action in accordance with the provisions of Section 87(9) of the put together, are not empowered to elect the Presidential candidate of any Electoral Act 2010 as amended. political party, as there is no provision for such either by the Electoral Act or the APC Constitution, to justify electing the party Presidential candidate at

Adeniran Ogunsanya (Jnr) Legal Practitioner

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Cross section of supporters at the APC Presidential Campaign Rally held at Mapo Hall Ibadan..recently PHOTO: FELIX ADEMOLA

Edo State Governor, Mr. Godwin Obaseki (middle); Commissioner for Education, Hon. Emmanuel Agbale (2nd right); Vice President, Middle East and Africa, International Finance Corporation (IFC), Sergio Pimenta (2nd left); IFC Regional Director, Mr. Kelvin Njiraini (left); IFC Country Manager, Mrs. Eme Essien (right); after a business meeting between the governor and IFC oďŹƒcials, at Government House, in Benin City, Edo State...recently

Ogun State Governor, Senator Ibikunle Amosun (right), being decorated by the Chairman, Ogun State Council of the Nigerian Legion, Comrade Taofeek Oloyede, during the launch of the 2019 Armed Forces Remembrance emblem, to honour fallen heroes, at the Governorâ€™s oďŹƒce, Oke-Mosan, Abeokuta...recently

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L-R; Director of Music, Archbishop Veining Memorial Church Cathedra, Sunday Olawuwo ; Managing Director, Philosoville Limited, Kufre Ekanem ; Singer, Dupe Ige Kachi; and Music Lecturer, Obafemi Awolowo University, Ile-Ife, Seun Owoaje, at the Hymnodia reality show audition held at the Lagos Television (LTV 8), Agidingbi, Ikeja, Lagos...recently PHOTO: SUNDAY ADIGUN

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President of the Senate, Dr. Abubakar Bukola Saraki surrounded by supporters during the ďŹ‚ag-oďŹ€ of PDPâ€™s House to House Campaign in Ilorin yesterday

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STATE OF THE ECONOMY

L-R: Director of Research and Advocacy, Lagos Chamber of Commerce and Industry (LCCI), Dr. Vincent Nwani; Vice President, Mrs. Agnes Shobajo; President, Mr. Babatunde Ruwase; Deputy President, Mrs Toki Mabogunje and Vice President, Dr. Michael Olawale-Cole, during LCCIâ€™s quarterly press conference on state of the economy in Lagosâ€Śrecently ETOP UKUTT

Gencos:FG,Wâ€™BankNotMeetingTargets in Program to Salvage Power Sector Stories by Chineme Okafor in Abuja Power generation companies (Gencos) in Nigeriaâ€™s electricity market have said that the sector has not recorded any remarkable improvement two years after the federal government and World Bank commenced the implementation of the Power Sector Recovery Programme (PSRP) â€“ a joint plan to resuscitate the dwindling fortunes of Nigeriaâ€™s privatised power market. The Gencos in a note from their umbrella trade association â€“ the Association of Power Generation Companies (APGC), obtained by THISDAY, explained that while the PSRP was a five-year programme to comprehensively revive the sector, most of its planned interventions have not been implemented. The APGC through its

ENERGY Executive Secretary, Dr. Joy Ogaji, stated that power supply in Nigeria has not improved even in urban parts of the country, and that the national grid still witnesses system collapses which had occurred thrice so far in 2019. â€œIn March 2017, the PSRP was launched by the federal ministry of power after engaging with players in the Nigerian power sector. â€œPSRP is a series of policy actions, operational, governance and financial interventions to be implemented by federal government of Nigeria over the next five years to restore the financial viability of Nigeriaâ€™s power sector, improve transparency and service delivery, resolve consumer complaints, reduce losses and energy theft and RESET the Nigerian. â€œThe objectives of the PSRP are to: restore the sectorâ€™s financial

viability; improve power supply reliability to meet growing demand; strengthen the sectorâ€™s institutional framework and increase transparency; implement clear policies that promote and encourage investor confidence in the sector; and establish a contract-based electricity market,â€? said Ogaji. Continuing, she said the PSRP comprised of components and reform actions in four groups of financial; operational or technical; governance; and policy interventions, adding however: â€œIt is one thing to plan a project, implementing it to the latter is another.â€? According to her, the PSRP was designed to be implemented by dimensioning and committing to fund implied future sector deficits from 2017 to 2021; eliminating historical sector revenue deficits; eliminating historical government Ministries Department and Agency (MDA)

debts and automate future payments; as well as restoring appropriate tariffs over the next five years and review of the tariff setting methodology. It was, according to Ogaji, also expected to provide a payment assurance facility and World Bank funding, as well as creating a baseline for power generation, transmission and distribution. â€œApproximately two years after the PSRP was approved by the Federal Executive Council, the power situation has not experienced the anticipated performance growth. â€œAs at January, 2019, about two years post launch of the PSRP, most of the activities outlined above had not been implemented. Consequently, the power supply situation in Nigeria has not witnessed the desired change, as was envisaged by the PSRP,â€? said Ogaji. Continued on page 24

Nigeria to Dominate Trade in West Africaâ€™s Power Market, Says TCN Nigeria has attained the frequency control level required by member countries of the Economic Community of West Africa States (ECOWAS) to synchronise with and comfortably sell electricity to countries in the region and earn income, the Transmission Company of Nigeria (TCN) has disclosed. TCN, explained recently in Suleja that with the frequency control level now at 49.75 and 50.25 hertz, the countryâ€™s electricity grid can now be synchronised with that of other West African countries like Ghana and Ivory Coast, from which it can sell power to the countries. Speaking at the inauguration of a transmission transformer at its Suleja sub-station, the Managing Director of TCN,

ENERGY Mr. Usman Mohammed, stated that the TCN has with regards to the development, asked the West African Power Pool (WAPP) to synchronise Nigeriaâ€™s power grid with the rest of the region to enable it sell power to more countries other than Niger Republic; Togo and Benin Republic. Mohammedâ€™s comment was also in line with the content of a recent statement by the General Manager, Public Affairs of TCN, Mrs. Ndidi Mba, in which she explained that Nigeria can now take advantage of the development to grow her power industry. â€œFor the first time in the history of this country we are not just talking about expansion

of the grid but also the quality of power, which is why in May 2017, we took a decision to impose frequency control where all the generators were forced to provide free governor and we achieved a frequency control of 49.5 and 50.5 hertz. We sustained this until November 2018. â€œWe decided then to enforce the NERC standard of 49.75 and 50.25 hertz, and I am happy to tell you that from December 23, 2018 to date, we have achieved over 90 per cent of that frequency, and as at now, our frequency control is at the same level with Ghana and Ivory Coast, so we can easily be synchronised and we are now urging ECOWAS and WAPP to synchronise the energy between Nigeria and Ghana because we have

achieved the frequency needed,â€? said Mohammed. Similarly, Mba, stated that while Nigeriaâ€™s grid code frequency standard was 49.75 and 50.25 hertz, that of WAPP countries was 49.80 and 50.20 hertz, adding that to ensure the entire region is synchronised into one, the executive board of WAPP obtained a grant from the World Bank to support the effort. She explained that a workshop on this also took place in Nigeria recently, as part of the World Bank grant which will equally be used to procure some specialised equipment to be installed at various international interface points. Continued on page 24

Bayer Middle Africa has inaugurated an ultra-modern oďŹƒce in Ikeja, Lagos. Speaking at the event, the Governor, Lagos State, Akinwunmi Ambode, said the ďŹ rm is not only reinvigorating its presence in Nigeria, but also demonstrates conďŹ dence in the country and in Lagos. Ambode, who was represented by his Special Adviser on Overseas AďŹ€airandInvestments,Prof.AbassAkande,disclosedthatthecompany hasbeenpresentinNigeriasincethe70â€™sbutreinventeditselfinNigeria inJune2014,andcommencedbusinessoperationsinJulythesameyear. Inhiskeynoteaddress,Ambodesaidthecompanyclearlyunderstands theneedsoftheNigeriansbothinareasofhealthylivingandagriculture andisperfectlyintunewiththeLagosStatedrivetowardsensuringfood security. Ambode, added that Lagos State Government was poised promotethegrowthofforeigndirectinvestmentinthecountry,whichhe saidwaswhytheoďŹƒceof overseasaďŹ€airandinvestmentwascreated. Onhispart,MD,BayerMiddleAfricaandHeadmarketing,Dr.MohammedJimoh,saidtheďŹ rmisalifesciencecompanywithcorecompetence inhealthcareandagriculture. Accordingtohim,â€œOurpurposestandsfor a better life, our goals is to create values for shareholders, customers and employees while strengthening the companyâ€™s earning power.â€? Senior Bayer Rep & Chief Financial OďŹƒcer of West and Central Africa, Oliver Gierlich, also described Nigeria as a major economic force and this development needs to be accompanied with higher products from the industry.

Mojec Among LSEâ€™s â€˜Companies to Inspireâ€™

MojecInternationalHoldingshasbeenlistedasoneoftheâ€˜Companies to Inspire Africaâ€™ in 2019, by the London Stock Exchange Group (LSE). Speaking after receiving the award recently, the Chief Executive OďŹƒcer, Mojec International, Ms. Chantelle Abdul, described the recognition as a signiďŹ cant milestone in the history of the company and a recognition of its contribution to leapfrog Nigeria and Africaâ€™s economy into the 21st Century by helping to electrify Africa, improve the life of the average African, creating signiďŹ cant employment and positive socio-economic impact across the diďŹ€erent sectors where it operates. Abdul, noted that the recognition was symbolic, adding that it would further propel the ďŹ rm in its drive to place Nigeria and Africa on the global map. The â€˜Companies to Inspire Africaâ€™ is an annual report compiled by the London Stock Exchange Group to identify most inspirational, dynamic, privately owned high-growth companies investing in the real sector of the economy and African continent that are making signiďŹ cant socio-economic impact by creating substantial numbers of jobs and have the potential to be publicly listed within the next few years. The growth rates and sector diversity of these ďŹ rms featured in the report highlights their potential to transform the African and wider economy. Speaking at the presentation of the second edition of the report held recently in London, United Kingdom, the Group CEO, LSEG, David Schwimmer stated that LSEGâ€™s â€˜Companies to Inspire Africaâ€™ showcases fast-growing ďŹ rms that are crucial to the future of the African economy, capable of driving transformative economic growth in their home countries, and have the potential to reach over a billion people.

GroupMullsRegulationforTraditionalMedicines

The Nigerian National Mirror Committee on African Traditional Medicines (ATM) has commenced work on 20 new proposals to be developed into draft standards.This disclosure was part of the resolutions at the eight meeting of the Mirror Committee, hosted by the Raw Materials, Research and Development Council, in Abuja recently and chaired by Professor Maurice Iwu. According to the Director General, Standards Organisation of Nigeria (SON), Osita Aboloma, the new work items were arrived at following justiďŹ cations provided by the proposers on the need to adopt them for further deliberations towards eventual elaboration into draft standards. The draft standards, according to him, would then be submitted to theTechnical Harmonisation Committee of the African Organisation forStandardisation(ARSO)forfurtherdeliberationstowardsapproval as African standards. Member countries of ARSO including Nigeria could then domesticate the standards through adoption, he said.

â€œThe agriculture mechanisation programme that we launched recently took almost three years before we came to that level. The government of Brazil is partnering with the government of Nigeria to bring in agriculture machineries to be deployed across the countryâ€?

Minister of Finance

Mrs. Zainab Ahmed

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BUSINESSWORLD GENCOS: FG, Wâ€™BANK NOT MEETING TARGETS IN PROGRAM TO SALVAGE POWER SECTOR

She equally explained that: â€œEven in urban areas where electricity access has been provided, the availability of electricity supply is drastically low, due either to load shedding or inadequate power supply facilities. It is estimated that the Nigerian economy is losing $29.3 billion annually, due to the lack of adequate power.â€? â€œAs at 2017, it was estimated that the Nigerian power sector would still require investments of approximately $1.5 billion annually, from 2017 to 2021, to achieve sector viability, with viability predicated on taking the steps, which were outlined in the PSRP,â€? she added. She noted that APGCâ€™s research on the performance of the national grid from 2016 to January 2019, showed that in 2016, the grid recorded a total of 28 grid collapses between March and December; seven collapses in January 2017; six in January 2018; and three in January 2019, indicating this was disturbing. NIGERIA TO DOMINATE TRADE IN WEST AFRICAâ€™S POWER MARKET, SAYS TCN

â€œThe frequency control is the best ever achieved in the history of Nigeria and is also the best in West Africa as at today. The frequency control achieved from January 8 and 12, 2019, is the best so far by any power utility in West Africa. â€œTCN decided to further stabilise the frequency after the workshop on frequency control organised by the West African Power Pool in Nigeria. â€œAsmall taskforce was formed after the workshop to drive the achievement of the synchronisation effort. The team which comprise three engineers, all Nigerians are pioneering the effort with the support of generation companies. Nigeria has comparative advantage in power generation in West Africa. â€œHowever, the advantage cannot be optimised fully until power from the entire sub-region power is synchronised into one and necessary infrastructure constructed,â€? Mba noted.

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 (Nationâ€™s Capital) Chineme Okafor (Energy) Ebere Nworji (Insurance) Reporters

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

NEWS

LCCI Decries Nigeriaâ€™s Rising Unemployment Jonathan Eze The Lagos Chamber of Commerce and Industry (LCCI) has lamented the growing rate of unemployment in the country which rose to 20.9 million in the third quarter of 2018. According to the Chamber, the development was a reflection that growth in the economy was still weak, fragile and not inclusive. It, therefore, urged the federal government to sustain efforts to create the enabling environment to attract more private capital to boost investment and growth. Addressing journalists, the President, Babatunde Paul Ruwase, also urged government at all levels to address its revenue challenges in order to improve budget performance and complete ongoing and abandoned infrastructural projects. The Chamber noted that the latest unemployment report by the National Bureau of Statistics (NBS) showed that the number of unemployed Nigerians had risen from 17.6 million in the fourth quarter of 2017, to 20.9 million as of the third quarter of 2018. â€œThis represents a rise from 18.8 per cent in fourth quarter of 2017 to 23.1 per cent in Q3 of 2018. The growing unemployment figure is a reflection that growth in the economy is still weak, fragile

and not inclusive. â€œIt is imperative therefore to sustain efforts to create the enabling environments to attract more private capital to boost investment.â€? Commenting on Nigeriaâ€™s revenue, the LCCI boss explained: â€œWe are dealing with a situation where government revenue

can barely fund the recurrent expenditure and debt service commitments thereby putting the delivery of capital projects at risk. This has been a challenge for all levels of government.â€? However, in order to ensure improved independent revenue performance in 2019, he advised that revenue generating agencies

of the government should do better than their current level of performance and remittance of surplus to the federation account. He pointed out that the creation of better investment environment would also attract more private capital and investment which would invariably impact positively

on government revenue and employment generation. The LCCI urged the federal government to expedite action to complete infrastructure projects nationwide such as the LagosIbadan expressway, Lagos-Ibadan rail project, power projects, the Second Niger Bridge, East-West road among others.

BUSINESS PARTNERSHIP

L-R: Managing Director, BITZER, South Africa, Bemhard Blaiser;Managing Director, BITZER Nigeria, Harject Chatwal; Director, Institute for Industrial Technology (IIT), Olumide Akinjo; BusinessDevelopment Manager, BITZER, Africa, Viola Huth; Chief Sales and Marketing Officer, BITZER Nigeria, Gianni Parlanti, during a partnership deal between BITZER and IIT in Lagosâ€Ś recently YOMI AKINYELE

Survey Reveals Barriers to Ethical Reporting Oluchi Chibuzor A survey by the Technical Unit on Governance & AntiCorruption Reforms (TUGAR), a unit of the Nigeria Extractive Industries Transparency Initiative has shown that low awareness, poor control and enforcement makes reporting ethical infractions by citizens difficult. The report whose objective is to survey infrastructure by looking at the framework in select public institutions, private sector companies, professional bodies and informal associations, adopted four broad criteria which included prevention, management framework, control and enforcement and periodic and regular reviews, distilled from provisions of various

international instruments to which Nigeria signed onto. Delivering her presentation on the report recently in Lagos, the Director, TUGAR, Lilian Ekeanyanwu, said she was glad that the recommendations led to the establishment of a national code of corporate governance by the federal government, making it possible to further develop culture of ethics across all sectors covered in the survey. â€œThe findings are very critical and subject to review because ethics in Nigeria has a number of strengths, but there are many gaps and weakness that currently needs to be address across the sector reviewed as corruption remains a national challenge. â€œSome of the findings showed that low compliance

is partly as a result of poor systems to support effective deployment and implementation of ethics rules in many instances. â€œThe codes are in a book, citizens are very reluctant to complain about ethics breaches for many reasons including but not limited to genuine fear of reprisals, delays, and cost of pursuing complaints to a logical conclusion.â€? The director also highlighted some of the challenges affecting ethics in the report to include bureaucracy, lack of awareness, absence of implementation system and nepotism among others and recommended a fair and transparent complaint process. According to her: â€œProfessionals refuse or are largely reluctant to testify against

their colleagues in disciplinary proceedings and court litigations, diminishing of competence and merit in favour of nepotism as a basis for recruitment, reward and advancement and lack of awareness and understanding among professional bodies that require assistance with codes are major challenge to ethical behaviour in public service,â€? she noted. However, reacting to several issues like acceptance of gifts and with the prohibition of the public officer to engage or participate in the management or running of any private business, profession or trade with the exclusion of farming, experts agreed that was it done to avoid clash of public interest, but advised that relevant areas needed to

be addressed for ambiguity purposes. Lead Advocate, Virtures Unlimited Restorative Justice Initiative, Olamide Oloyede, said the public service demand people with impeccable character as it involves sacrifices, while adding that â€œthere should be clarification on gift and farming operation which the code of conduct for public officer allow.â€? Oloyede added: â€œWhat we have is failure of our core value system that is why we have become recognised as the capital center of poverty not because we lack resources; corruption has made it impossible for us to apply our abundant resources towards achieving our objectives and fundamental direct principle of inclusive development for everybody.â€?

Fashola Harps on Infrastructure Development Jonathan Eze The Minister of Power, Works and Housing, Babatunde Raji Fashola, has called for accelerated infrastructural development in the country in order to foster prosperity. He said there was nothing wrong with Nigeria as a country, saying wrong choices that were made in terms of infrastructure and investment in the past were the problems. Speaking to participants at the first edition of the workshop on dispute management in Africa infrastructure projects organised

by the Lagos Chamber of Commerce International Arbitration Centre, Fashola noted that infrastructure is beyond buildings and construction, saying it is one of the parameters that defines the status of a nation. Speaking further, Fashola highlighted the opportunities in the infrastructure sector for Nigeria business owners. He made reference to the Mambilla hydropower plant going on in Taraba State which would require 18 million bags of cement, 42,000 tonnes of steel and some other materials and the second Niger Bridge in the south-east

which would also require two million cubic meters of sand, 68,000 tonnes of cement and 21,000 tonnes of reinforcement. According to him, this is the opportunity for many business owners especially MSMEs to become prosperous. He further stated that the building of these infrastructures will foster prosperity, employment opportunities and development in the country. Fashola, also noted that there are sacrifices that needed to be made in order to achieve infrastructure goals. According to him, â€œIf we

apply international processes, there must be some room to reflect international diversity and some of the ways that we do things without necessarily trying to be optimal, for example our land tenure processes is not like that of Europe so if we use contracting rules based on land tenure processes of another jurisdiction, it might be sensible to want to adapt if you really want to use the infrastructure to create growth employment and prosperity.â€? He further advised that various methods of dispute resolu-

tion and dispute avoidance â€œshould be examined in order to ensure that infrastructure development really achieves its objectives of providing work rather than causing disputesâ€? Speaking at the workshop, President, Lagos Chamber of Commerce and Industry, Babatunde Ruwase, said infrastructure was critical to economic development especially with respect to activating the potential and promoting the ease of doing business and enhancing opportunities for the micro, small and medium enterprises (MSME) in Nigeria.

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ENERGY

Ohiare: Weâ€™ve Created Framework for Disbursing REF Dr. Sanusi Ohiare, is the Executive Director of the Rural Electrification Fund. In this interview with Chineme Okafor, he explains why it took the Rural ElectrificationAgency too long to activate the fund which is supported by Section 91 of the countryâ€™s Electric Power Sector Reform Act 2005, and had accumulated as much as N2 billion. Excerpts: trust fund manager which is independent and transparently selected to be a third eye here. This trust fund manager is independent of the REA and developers and tracks delivery timelines to ensure that the projects are executed.

How is it that the Rural ElectriďŹ cation Fund (REF) is just being implemented now and not earlier as expected from the Electric Power Sector Reform Act 2005 (EPSRA 2005)? In 2005 when the Electric Power Sector Reform Act, which is basically the bedrock of the reform in the power sector, was enacted, it envisaged a rural electrification fund under the agency (REA) that would provide grants to support private power developers as opposed to what we used to do which is give contracts which most of the time we donâ€™t have sustainability plans for. The government in its wisdom decided that the only way to have sustainability would be to work with communities and private developers, and in such a way that we provide some capital subsidy to them so they can put projects and maintain them over their lifespan. The rural electrification fund was meant to be activated since 2006 when the agency took off but for some reasons the previous management were not able to do it until when this management headed by Mrs. Damilola Ogunbiyi took over and we got a directive to as quickly as possible operationalise the fund. When you took over, how much was in the REF? We had some money, I think about N2 billion in the fund which had been there since and was never used because somehow they didnâ€™t get the right framework to use it. The fund had very strict criteria before it could be used but when we came in 2017, we quickly deployed and got all the frameworks needed to do this in place. We advertised and had people put in bids, we evaluated and it took a while before we got the board approval and then we had to review again to be sure we were doing the right things and then got 12 indigenous companies to provide mini grid across the country and 14 solar home system suppliers to provide about 19,130 solar home systems across the country. We were able to spend within this first call N1.952 billion. What impacts are you expecting from this? We are providing electricity to about 43,000 households in rural communities from our analysis, and this is because of the budget constraint, that is, we have only N2 billion in the REF, while we have close to 80 million people without access to electricity. If we had more money, we would have done more, but the idea is to do this, and see how it goes and then try and get more money to be able to deploy at scale because we have close to 10,000 mini grid sites that we are looking to deploy. We also have different programmes we are

How soon would the impact of the projects begin to be felt across beneďŹ ciary communities? One of the operators we signed an agreement with told us that he has his equipment on site at the moment and before election which is by the first week of February, he wants us to come and commission. Those are the kind of guys we want to work with, people that have capacity to quickly deploy and it is a local company. If he does well, this will give us a lot of confidence to consider him for more funding supports, otherwise, there are other ones giving delivery timelines of one to six months. Is this delivery timeline of three weeks targeted at the 2019 election? It is not targeted at the election but then this is an election period and if the government is doing anything worthy to be showcased before election, why not. If they can do it before election, we will be very happy but then, no rush or pressure because want quality delivery. The timeline is maximum of one year but some of them want to do this early enough because they want to showcase what the government is about. The energising education project which you started in 2017, how far have you gone with it? We are deploying already. It is different projects and different sites but they are already on site and work is ongoing.

Ohiare doing and not just the REF which is doing what it has to do despite the budget constraints. We have a World Bank programme coming up and from where we are getting about $350 million, and everything is aiming towards scaling up electricity access to Nigerians. From the REF however, we are starting with this and looking to do other things which are not directly funded by the government. Because of the need to be innovative in providing electricity to Nigerians, the idea is to partner with international development agencies to see how we can do these together because the end goal is to get electricity to all Nigerians. Can the REA revoke the grants to any of the operators, and how so? It is a result-based funding which means we are not giving them all the money. For instance, for the mini grid, we have an agreement that

we signed with them that says when they meet the condition precedents which include that they have to show evidence that they have verifiable equity and equipment in store or that they can access loans from the bank because we are giving them a certain percentage, depending on how they perform, we deploy the next round of fund or revoke. Everything is clearly spelt out to protect this fund which is government money and should be protected. We are also flexible because we are doing this for the first time and have looked at those areas that will not affect project delivery and then sort them out. We also limited the scope and ensured we selected companies that are tested and trusted which we know have delivery track records to minimise project abandonment or neglect by operators. We have our agreement and every protection we need to do this are in there. We also have a

Being the ďŹ rst tranche of REF, when is the next tranche likely to happen? I told you we had just N2 billion in the REF account, and once we finish it, the next time we get funding, maybe from the government, we can continue but before then we are already in talks with the NESP-GIZ to see how we can quickly start the next call which will be called the mini grid acceleration scheme done in collaboration with the REA and anchored in the REF. The money will not be government money but from the European Union and German government which were part of our first call and supported us and believe in the progress we made to now support us with in-kind funding and not cash like we are doing. They will kind of procure the assets and we will support with selection and other things. These are ways to keep working. We also have a third programme that we will do, it is called interconnected mini grids and all these are starting within a couple of months.

Rosatom to Train More Nigerians on Nuclear Energy Chineme Okafor in Abuja The Rosatom, which is a state-run nuclear energy corporation of the Russian Federation, has announced its intention to train more Nigerians in safe use of nuclear technology. The development which came at a time the Petroleum Technology Development Fund (PTDF) disclosed that it received 27,474 applications from Nigerians asking for financial support to study various science-based courses at undergraduate and graduate levels across the world in the next academic year, indicated that Rosatom was now open

to taking applications to fund nuclear energy studies by Nigerians at institutions in Russia. A statement signed by the Chief Executive Officer (CEO) Rosatom Central and Southern Africa, Dmitry Shornikov, disclosed this. The federal government recently signed an agreement with Russia for the construction of nuclear power plants and a nuclear research centre in Nigeria. But highlighting the rationale for the scholarship scheme, Shornikov, stated that: â€œThe goal of the scholarship is to support interest in nuclear research and capabilities among young African scientists and

engineers, and contribute to solving some of the worldâ€™s most critical issues in the nearest future, allowing for the continent to be selfsufficient.â€? He explained that the scholarship package would include tuition fees and free preparatory courses in Russian language, adding that beneficiary students would also have access to subsidised accommodation; library funds and practical experience at Russian nuclear enterprises. Shornikov, further noted the scheme was a great opportunity for scientists and engineers based specifically in Sub-Saharan Africa as well

as for students who made progress in mathematics and the sciences and want to apply to studies courses in nuclear specialties. Meanwhile, the PTDF has said that a total of 27,474 Nigerians have applied to it to be considered for the various platforms of its scholarship scheme in the upcoming academic year. It said in a statement from its head of media, Mr. Kalu Otisi that the applications it received were for its overseas postgraduate scholarship scheme implemented under its strategic partnership with universities in the United Kingdom (UK); Germany

and France, as well as for undergraduate; masters and doctoral studies in Nigerian federal universities under its local scholarship scheme. According to Otisi, application for the overseas scholarship had closed in December, while that of the local scholarship expired in November 2018. A breakdown of the applications indicated that 15,822 applied for the overseas scholarship scheme in the master category, while 3,501 applications were received for the doctoral scholarship award. â€œOf the 8,151 that applied for the PTDF local scholarship scheme, 3,740 were for the

undergraduate award, 3,393 for MSc and 1,017 for PhD. â€œThe next stage of the processing is the screening of candidates for interview shortlist. This will be based on the class of degree, Olevel grades, and strength of personal statement. Only those who meet the minimum requirements for each category of the programme and those who possess the best credentials based on the strength and quality of their qualifications and relevance of their proposed study to the Fundâ€™s mandate and the oil and gas industry will be invited for interviews at a date to be announced by the Fund,â€? said Otisi.

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BUSINESSWORLD

INDUSTRY

Yakubu:Government Should Take theLead in Patronising Local Initiatives The Chief Executive Officer, Dajo Pottery Limited, Levi Yakubu, in this interview with Jonathan Eze, spoke about issues in the ceramic industry and the need for government to patronise Made-in-Nigeria products. Excerpts: Tell us about your pottery business. How did it start? I am a fellow of society of Nigerian artist. I am a graduate of Ahmadu Bello University with specialisation in ceramics in 1979, first generation potter in my family and first male potter in Benue State and the president of Dajo Pottery International based in Makurdi, Benue State. It was a long way coming where we are today. In 1979, I was lecturing in ceramics at the Benue Polytechnic, which used to be Murtala College of Art and Science Technology. With the coming of the Muhammadu Buhari military regime banning importation of table ware ceramics, I took that as a professional challenge of my life. I resigned my appointment in June 1985 to start Dajo pottery and two months into my resignation, the administration was booted out of power and I became more confused, but I didnâ€™t lose my focus. I was steadfast. The banks didnâ€™t put in cash to support my dream nor start-up. The government was not sympathetic because I had a wonderful appointment as a lecturer in ceramics and they rationalised â€˜Why would you resign to start making pottery like a woman? From where I come from, men will not be respected if they did women chores, like making pottery, so it didnâ€™t make sense to the elite and normal people. But that didnâ€™t discourage me. So, two years into my pursuit, the Ibrahim Babaginda administration that ousted the Buhari government out of power, introduced what they called â€˜Entrepreneurship Development Programâ€™ under the national directorate of employment. You only needed your degree certificate to get a loan of N25,000 to start up your own business. In my own case, I was given N25,000 in four instalments spread across four years under the first scheme. Two hundred of us were selected for the programme and out of the 200; I was the only one that survived that program even as I wasnâ€™t treated fairly. So I persisted and built my first workshop and put together equipment which I started production with and I built from road bricks. Today, I am the most decorated Nigerian ceramist ever with three national awards, Member of the Order of the Niger (MON), National Productivity Order of Merit and National Local Raw Material Content Award. I have represented Nigeria at several fora at the national and international level. At the African regional level, I bagged six trophies for this country at the African art and crafts expo, which was in 2017. At the world level, I have beaten the Chinese to the game in China for five years, winning the coveted international ceramics excellence award. Today we have spread our tentacles and the whole country

of these raw materials, it is going to create a big boom for the economy, a lot of people will be employed and a lot foreign exchange will be curtailed, and this is where we are today. We participated in the ERGP program recently and we were the only tableware ceramic industry that was selected. Up to now, we have been looking for support from institutions of lending to get capital injected into what we are doing. So far, NEXIM has come forward and we have gotten some funds of about N70 million from them for basic equipment. But the kind of demand for what we need it is too small to make the desired impact. Right now, we have signed an MoU with technical partners in the United Kingdom, to expand the facility so that we can boost output to be able to satisfy local demands and exports. Why should Nigerians embrace the use of ceramics? It is not safe to consume food or drinks from plastics or metallic utensils because of contaminants and cancer prone agents materials. The safest is ceramic that is why the whole world uses it to sell food and not plastics as we have back home in the country. Asides cups and jugs what else do you produce? We have the potential to produce electrical inculcators, bricks, floor, wall tiles and sanitary well too. All we need is the capital to diversify into these areas.

Yakubu is being respected for that. Tell us about your patronage, who do you sell to and how do you market your products? Back home, unfortunately we talked about made in Nigeria, rebranding Nigeria and several programs introduced by government to support and patronise local initiatives, unfortunately, I have not been patronised and Nigeria spends more than $600 million on importing ceramics into the country. If and when Nigeria supports and patronises us, and challenge us to produce

what can be used in the Villa or in all government offices right down to the local government level, that will create a very big boom for the sector. Today, Nigeria is ranked eight out of 19 leading countries that is involved in ceramics trade and we are the only one that doesnâ€™t export ceramics. So, if and when Dajo Pottery is impacted and supported, it is going to create a wave of activity in the solid mineral sector, because all ceramics projects use more than 20 solid minerals like; bowl clay, tin oxide and several others. Now, if as the biggest off-taker

So what is your message to the government? My message is let the government walk the talk. We have proven beyond any reasonable doubt that this is how far we have taken the Nigerian ceramic to and all we need is the political will to release funding to us and stay by us to make the dividends come by mass employment by way of service delivery. Thatâ€™s all we require. So what are you doing to transfer this unique knowledge of yours to younger generations? It will interest you to know I have been a master trainer for several institutions for the ITF program on students industrial work experience scheme. All the tertiary institutions in Nigeria that specialises their students in ceramics come to Dajo pottery for industrial attachment, and we have been doing this for years and we have started producing full soldiers for the sector which the universities cannot do and have not been found doing. Six months after their training they go back to school better than a lot of their lecturers too. And we have gotten approval to start a ceramic academy.

Crown Flour Mills Gets ISO Certification Dangote Foundation Donates Food Stories By Jonathan Eze Crown Flour Mill has been awarded the ISO certification for food safety and quality management, ISO TS 22002-1:2009; FSSC 22000; ISO 9001:2015 by Bureau Veritas. This made the flour miller the first company in sub-Saharan Africa to be certified with ISO TS 22002-1:2009; FSSC 22000 The ISO certification specified the eight quality management principles which defines the way an organisation operates to meet the requirements of its customers and stakeholders. These includes customer focus, leadership, involvement of people, process approach, organisational context, continual improvement, fact-based decision making and risk-based decision-making.

Speaking on the achievement, the Head of Operations/ Senior Vice President of Crown Flour Mill, Sanjeev Goel, noted that the certification has created a robust system in place, taking the company a step further on its continuous journey towards excellence in quality. â€œIn our quest to improve quality, we have created an integrated global approach that recognizes the interaction of every function and activity in our organization. This certification has enhanced our quality and food safety management systemâ€? Goel said. Also commenting on the development, the Managing Director/Senior Vice President, Crown Flour Mill Anurag Shukla, further added that customer satisfaction was top priority for the

organisation, saying the only way to achieve that was by continuously improving the cost effectiveness and performance of all products and processes, as well as focusing on new innovations. â€œWe are continuously improving our manufacturing processes, by focusing on structure methods to eliminate variability and improve efficiency,â€? Anurag also commended the staff of the organisation for their contribution to making such an achievement possible. He said: â€œOur employees are our greatest asset and with this certification we have put quality in their hands. They all worked tirelessly to ensure that this feat is achieved. We are now moving from achievement to sustainability.â€?

Items to Zamfara IDPs

The Aliko Dangote Foundation recently launched a major philanthropic programme in Zamfara State, where it doled out food items running into several millions of naira to support victims of insurgency. Group Executive Director, Government and Strategic Relations, Dangote Group, Mansur Ahmed, who presented the food items on behalf of the Group President, Aliko Dangote, said the Foundation was supporting the government and traditional leaders in meeting the needs of the internally displaced persons (IDPs). Ahmed, was quoted in a statement to have said the Dangote Foundation had also injected over N7 billion to create succor in the north-east in

the wake of the Boko Haram insurgency. He said Dangote was very disturbed about the plight of the displaced persons and quickly directed that everything possible be done to provide succor to them. Ahmed, said the company was building a 20,0000-tonnes capacity of rice mill in Maradun and that when completed this year, it would create hundreds of job opportunities for the people of Zamfara State. While responding to the kind gesture of the group, the Emir of Maradun, Muhammad Garba Tambari, said he was elated as the company was the first to intervene by providing food support for displaced persons. He commended Dangote for

the gesture and promised to help secure his investment in his Emirate. Also, Chairman of the Maradun Local Government Area, Alhaji Yahayah Shehu Maradun, thanked Dangote Foundation for the gesture, and pray God to continue to bless Dangoteâ€™s business. Trucks of food items were offloaded at the silos and at the official presentation of the relief material at the Palace of the Emir of Maradun. Some of the items delivered included truck load of Semolina, spaghetti, sugar, wheat meal and macroni. Meanwhile, victims at the IDP camp at the presentation who recounted their ordeal described the crisis as the worst in the country in the past five years.

T H I S D AY Ëž Í°ÍˇËœ Í°ÍŽÍŻÍˇ

BUSINESSWORLD

ANALYSIS

Reaping Benefits of ISO Certification Nosa Alekhuogie Over the years, customer centricity has gone from being a buzz word, which businesses are quick to bandy perfunctorily, to the willingness by businesses to actually create a positive consumer experience at the point of sale or service and post sales. This is even more so for the financial services industry, given recent developments in customer/ consumer awareness buoyed by stiff competition and availability of choice. A customer-centric approach can add value to how a bankâ€™s customer perceives the brand simply because it enables that bank differentiate itself from competitors who do not offer the same experience. The homogeneity of financial services products and volatile consumer behaviour underscores the importance of constantly innovating and raising the bar on customer service, satisfaction and experience. Customer satisfaction is critical for any Nigerian bank that wants to remain profitable in business, attract and acquire new deposit liabilities and retain their loyalty. For instance, a cold reception, a rude teller, an avoidable long wait on a queue, failed transaction, wrongful debit, delayed credit, erroneous denial of a banking transaction, or even a prolonged system downtime of its digital banking platforms are just a few reasons that may compel a loyal bank customer to walk away and seek better services. There are over 20 traditional financial institutions and many more financial technology firms today all jostling for the attention and patronage of the populace and offering all sorts of value propositions. Not to mention the microfinance banks (MFB), mortgage banks and other financial services organisations, including those operating in the unregulated and unstructured informal sector. So in the long run, what sets â€˜financial institution Aâ€™ apart from â€˜Bâ€™ and of course the rest of the pack would most likely be its commitment to making the customer king, in other words, excellent customer experience. In pursuit of this objective, the Stanbic IBTC Group has shown consistently that it is determined to make progress real for its customers in line with its brand promise of helping them move forward. Four subsidiaries of the Stanbic IBTC Group, the most of any holding company in Nigeria: Stanbic IBTC Bank, Stanbic IBTC Trustees, Stanbic IBTC Pension Managers, and Stanbic IBTC Asset Management, went one step further in their pursuit of service excellence when they opened up their systems and processes to international standardisation audits, which enables many world-class organisations around the globe constantly question and develop their quality management systems and processes. In 2015, Stanbic IBTC Bank was awarded the ISO 9001:2015 Certification, a highly regarded quality management system certification globally. And this year, the pension, trusteeship and asset management arms were certified. Lead Auditor, DQS Management Nigeria Limited, a leading global certification body for quality management systems and organisational health, Mr. Lawrence Ogudu, while presenting the awards in Lagos, affirmed that Stanbic IBTC Asset Management Limited, Stanbic IBTC Trustees Limited, and Stanbic IBTC Pension Managers Limited all met the requirements of the ISO 9001:2015 Certification. The requirements, amongst others, entail

demonstration of the ability to consistently provide products and services that meet customer and applicable statutory and regulatory requirements. It also involves the enhancement of customer satisfaction through the effective application of the system, including processes for improvement of the system and the assurance of conformity to customer and applicable statutory and regulatory obligations. According to Ogudu, the certification is simply a message to customers and prospects that a business has the capacity, is committed and sincere in its product and service delivery. SigniďŹ cance of the CertiďŹ cation Why the need for ISO by Stanbic IBTC when Fitch Ratings, over the past three years, has assigned the group a Triple A, F1+, the highest possible rating for any financial institution in Nigeria? The certification, amongst its many benefits, will enable the bank to serve its customers at the right level of quality and ensure zero variability in the delivery of service across the various digital and non-digital touch points, all of which enhances customer banking experience and relationship with the bank. Since management systems play a key role in organizational process, Stanbic IBTCâ€™s clear focus on continuous organisational improvement, alignment, capacity for execution and ability to renew, adapt, transform fast enough to meet and exceed changing market demands makes for ideal raison dâ€™ĂŞtre why the subsidiariesâ€™ effectiveness of management systems will engender measurable added value for their customers. Chief Executive, Stanbic IBTC Pension Managers Limited, Mr Eric Fajemisin, who spoke on behalf of the three subsidiaries at the certificates

presentations, commended the teams for making the certifications possible, even as he stressed that the requirements of the system would be continually reviewed and developed for higher performance. â€œWe are pleased with the ISO 9001:2015 Certifications. It is a clear demonstration of our drive to improve service delivery in all aspects of our businesses. We will continue to build on our existing strengths, including our membership of the Standard Bank Group, Africaâ€™s biggest financial institution, to improve on our service delivery across all segments, customer touch points and channels of our operations,â€? Fajemisin said. He said that following the milestone, â€œwe reiterate our brand promise to help our customers move forward while expecting nothing short of the highest customer service, products and services, personnel and management quality standard.â€? The certification, he added, provides another reason to benchmark the businessesâ€™ performance by identifying flaws that require fixing and improvement. The ultimate goal is to deliver quality, reliability and proficient services through improved internal management and operational processes. â€œWe have long recognized that improvements in our performance, which a robust quality management system assures, are directly connected to quality service and customer satisfaction.â€? The Stanbic IBTC Groupâ€™s goal is to achieve end-to-end digitisation covering front-end and back-end processes, Fajemisin said, adding that better process integration will help deliver great customer experiences, improve operational efficiency and ensure cost optimisation for the entire organisation. â€œAnd because the customer is at the centre of

everything we do at Stanbic IBTC, we do not see this certification as an excuse to rest on our oars but a new challenge to achieve even more in our bid to enable and help our customers be more.â€? In a move aimed at offering Nigerian and Chinese clients a business-to-business networking and personal advisory service and also help them to access and unlock opportunities in Nigeria-China trade, Stanbic IBTC Bank Plc had last November commissioned an Africa-China Banking Centre (ACBC) in Lagos. The launch of the Africa â€“ China Banking Centre was performed by the Industrial and Commercial Bank of China (ICBC) Africa CEO, Mr. Lubin Wang; Commercial Consul, Chinese Embassy in Lagos, Liu Jun Sheng and top management executives of Stanbic IBTC. The opening of the centre was another significant step towards improving ease of doing business between Nigeria and China, coming after the signing of the bilateral currency swap agreement between the two countries earlier in the year. According to Sogunle, the launch of the centre represented a critical opportunity to leverage the full potential of Africa and Chinaâ€™s rapidly evolving trade partnership. He further explained that, â€œas an African bank with global reach, Stanbic IBTC is uniquely placed to unlock African opportunities by accessing Chinese capabilitiesâ€?. However, in the final analysis, achieving customer satisfaction and experience is the dream of every organisation. However, only businesses organisations that accord the highest priorities to quality management systems can create excellence, stay ahead of the competition and earn the trust and confidence of customers, which subsequently translates to client retention and long-term viability.

Make BDCs IMTOsâ€™ Direct Agents, ABCON Tells CBN The Association of Bureaux De Change Operators of Nigeria (ABCON) has called on the Central Bank of Nigeria (CBN) to implement provisions of its 2014 circular, by making BDCs direct agents of international money transfer operators (IMTOs) as obtained in other countries. The association also called for the restoration of its status as a self regulatory organisation (SRO) in order to ensure effective coordination of the over 4,5000 BDCs across the country. The association made this call

in its economic review for the fourth quarter of 2018, made available to THISDAY. â€œIn as much as the regulatory bodies in Nigeria have realised the indispensable role that the BDC sub sector occupies in the stabilisation of the currency in Nigeria, the sector should be further strengthened and developed to achieve greater systemic efficiency. â€œTo this end, the professional training institute for dealers and operators being promoted by ABCON should be given

appropriate support by the regulators and members to key into the project. â€œThe CBN should implement its circular of 2014 for making BDCs direct agents of international money transfer operators as obtained in other climes. â€œThe CBN should revisit the suspension of ABCON as a self regulatory organisation for result oriented coordination of the over 4500 CBN licensed BDCs,â€? it stated. ABCON also called on BDCs to embrace cloud base automation of their operations

initiated by the association for internal re-organisation, efficiency, global competitiveness and volumes driven transactions. It also urged the currency dealers to explore more sophisticated and dynamic marketing techniques in 2019, to track billions of foreign currencies floating within the economy and flowing into the parallel market thereby raising capital flight and money laundering. In addition, the association stressed the need to stabilise the exchange rate regime, saying:

â€œthe current structure encourages the economy comparatively to export and derive robust foreign reserve which is one of the major prerequisite for economic growth.â€? Calling on the federal government to promote strong railway networks across the country to leverage on regional connections and coordination to enhance Nigeriaâ€™s competitiveness, ABCON noted: â€œNigeriaâ€™s home market suffers from spatial fragmentation according to the analysis. The domestic market is

constrained by limited connective infrastructure thereby reducing producers and firmsâ€™ ability to reach wider markets. â€œThis lack of connectivity also dampens economic collaboration and cooperation among the countryâ€™s regions further hampering the prospects for poverty reduction. â€œThus during 2019 and beyond every effort must be marshaled to promote strong railway networks to reduce pressure on the land road network in the Nation.â€?

T H I S D AY ˾ TUESDAY JANUARY 29, 2019

PROPERTY & ENVIRONMENT Government Will Remove Hindrances to Smooth Property Transactions, Says PEBEC Bennett Oghifo

he Presidential Enabling Business Environment Council (PEBEC) has stated that bureaucratic processes that make property transactions cumbersome are being removed for the economic development of the nation. The Senior Special Assistant to the President on Industry, Trade and Investment in the Office of the Vice President, Dr. Jumoke Oduwole stated this while discussing the property component of the ease of doing business in Nigeria, along with other systems the government professes it succeeded in using to open up the nation’s business environment. Oduwole, who was represented by a senior official, Mr. Soji Akinyele, presented the government’s success story at this year’s World Prix D’excellence Awards of the Nigerian branch of International Real Estate Federation (FIABCI) in Lagos, recently. Oduwole, who presented the ‘2016-2018 Presidential Enabling Business Environment Council (PEBEC) Reforms Reference Handbook on Ease of Doing Business -Completed Reforms’, said, for registering of property in Lagos, “Nigerians can now receive demand notices via email, and pay online for charting fee, endorsement fee, stamp duty, registration fees, consent fees and neighbourhood improvement charges; Obtain certified true copy (CTC) of title documents and survey

plans at the Land Registry’s automated centre.” Also in Kano, she said people would enjoy an automated process for registration of properties, including rapid capture at the Land Registry. They would “Enjoy expedited issuance of Governor’s Consent through delegation of issuance authority to the State AttorneyGeneral and Commissioner for Justice; conduct property searches and view estimated costs on a cadastral map via the Land Registry.” They would access clear information on acquisition and transfer of property via the Kano Bureau for Land Management website; access the linked Land Registry website and Inland Revenue Portal to make required payments online; simultaneously; and enjoy harmonised title and boundary verification in the Land Registry due to full digitisation, she said. The PEBEC Reforms Reference Handbook on Ease of Doing Business says, “Over the past three years, Nigeria has implemented more than 140 reforms, increased its Distanceto-Frontier (DTF) score by over 11 basis points, and moved up 24 places in the World Bank Doing Business Index (DBI) rankings. “In the 2018 Global Competitiveness Report, the World Economic Forum (WEF) recognised Nigeria’s business environment as one of the most entrepreneurial in the world and highlighted Nigeria’s improved competitiveness in the Enabling Business Environment.

L-R: Former President, International Real Estate Federation (FIABCI) International, Flavio Nunes; immediate past president, FIABCI International, Mr. Farook Manhood; President, FIABCI-Nigeria, Mr. Adeniji Adele; past president FIABCI-Nigeria, Chief R C O Okafor; World President of FIABCI-International, Mr. Assen Makedonov; Chairman, Honeywell Group, Dr. Oba Otudeko; past president, FIABCI-Africa Region, Dr. Charles OKoye; and past president FIABCI-Nigeria, Chief Kola Akomolede, at FIABCI-Nigeria’s award night in Lagos… recently

She listed other benefits of the reforms delivered as; dealing with construction permits in Lagos, saying that “Nigerians can now: enjoy an improved planning permit application process via an e-planning platform for Lagos State; access accurate information on all fees, procedures, requirements and laws on the Lagos State Physical Planning and Permit Authority (LASPPPA) website; access statistical information on land disputes; enjoy reduced costs for permits due to the elimination of requirements for infrastructure development charge (IDC) for two-floor warehouses; soil test and environmental impact

assessment (EIA); certified true copy (CTC) of title document and survey plan; and expect water connection within three days of your payment to the Lagos State Water Board.” The document says when dealing with construction permits in Kano, “Nigerians can now: submit an application and make e-payments for building plans simultaneously at the Kano Urban Planning and Development Authority (KNUPDA); expect to receive building plans within 14 days; Expect water connection in seven days of your payment to the Kano State Water Board; request the issuance of a Cer-

tificate of Habitation without physical inspection; appoint private professional firms to carry out inspections before, during and after construction.” According to her, PEBEC will continue to remove bureaucratic bottlenecks in Nigeria’s business environment through extensive collaboration with the National Assembly on the Companies and Allied Matters Bill, which was passed at the Senate in May 2018 and is currently awaiting its Second Reading at the House. In his welcome address, President FIABCI-Nigeria, Mr. Adeniji Adele said FIABCINigeria has resolved to include

in their World Prix D’excellence Awards a session for the presentation of the nation’s annual real estate scorecard. FIABCI is the French acronym for “Federation Internationale des Administrateurs de Bien-Conselis Immobiliers”, which means “The International Real Estate Federation”. In its 61 years of existence, 47 years in Nigeria, FIABCI has built an enviable reputation. It represents the world’s real estate professions through its Special Consultative Status with the Economic and Social Council (ECOSOC) of the United Nations Organisation.

IFMA Gets 10th President, new Exco Members The International Facility Management Association, IFMA, Nigeria Chapter has elected her 10th President, Mrs Abimbola Olusegun Adamolekun, the Chief Executive of Dynamo Facilities Management, as well as other ex-co members to serve as the new executive council team for the Association. Mrs. Adamolekun was elected during the last Annual General Meeting of the Association that

took place recently at the IFMA seeretariat and was chaired by the outgoing President, Mr. Pius Iwundu. Interestingly, Mrs. Abimbola Olusegun Adamolekun is the second female President to be elected by the Association, and will anchor the leadership of the Association for another 2 years. She is a graduate of Microbiology from the Ondo State University (now Ekiti State

University), Ado-Ekiti and she is a certified Security Professional and a Facility Management Professional with over 20 years professional experience. She had the opportunity of honing her skills at PriceWaterHouseCoopers (PwC) before setting up her own outfit, Dynamo Facilities Management. Prior to this time, she had served as a two-term Treasurer of the Association between 2011-2012,

2015-2016 and also as the Vice President 2017-2018. In her acceptance speech, she said, “I am delighted to have emerged as the President of the association after about two decades of becoming a member of the association. I appreciate the confidence reposed in me and other newly elected executives of the association, we would ensure that we exceed the expectations of all members

of the association.” “Our priorities for this administration shall be Service; Sustainable Trainings for members; collaboration and partnership with other organizations and many more,” she added. The International Facility Management Association, Nigeria Chapter was formed in the year, 1995. The organization offers the opportunity to develop the competence of

her members through national and international programmes with the drive to enhance the maintenance culture within the built environment in the country. Other elected Executive Members are, Mr. Segun Adebayo, as the Vice aPresident; Engr Sheriff Daramola as the General Secretary; Mr. Lekan Akinwunmi as the Treasurer and Mr. Kehinde Daniel as the Publicity Secretary.

MohammedVI Polytechnic University Begins Online Course on Rainwater Management, Partners edX

Diaspora Lakeview Estate to Emerge in Caribbean Lake City

Bennett Oghifo

Fadekemi Ajakaiye

An online course on sustainable management of rainwater has been created by the Mohammed VI Polytechnic University (UM6P) Digital Learning Lab, Morocco and the International Water Research Institute. According to a statement by UM6P, the course called “Best Practices for Rainwater Management”, is related to sustainable and optimal rainwater harvesting and management practices, and will be propagated through a collaboration agreement it also announced it has with edX, the leading non-profit

online learning platform and MOOC (MOOC: Massive Open Online Course) provider founded by Harvard and MIT. The statement said “Best Practices for Rainwater Management” is the first MOOC created in the light of this partnership. “This course will introduce innovative and ancestral techniques of rainwater harvesting and management. It is part of the cluster of adaptation metrics for agriculture, water and resilient cities created at the University Mohammed VI Polytechnic following the International Climate Conferences COP22

and COP23. Learners will be required to spend two to four hours a week for four weeks. After this period, the course will remain open and accessible to the public. “Other MOOCs covering different themes will follow, namely on: smart agriculture in Africa, climate change (adaptation metrics), as well as uncertainty quantification applied to climate change,” the statement said. According to the statement, edX has more than 130 global partners, including leading universities, nonprofit organisations and institutions around the world.

Diaspora Lakeview Estates Ltd, an indigenous real estate company, which specialises in the sale of homes to Nigerians, particularly those in the Diaspora, has embarked on a joint venture with Thesaurus Gardens Ltd, a reputable real estate development company, to further their interests. Recently, both companies signed a Memorandum of Understanding to co-develop a ‘Diaspora Lakeview Estate’ within the Caribbean Lake City, which is situated along Lekki-Epe Expressway, opposite Crown Estate, Sangotedo, Lagos. According to them, the Lagos

State Government had allocated 51 hectares of land to Thesaurus Gardens Limited, from which Diaspora Lakeview Estates Ltd derives its Title. This long-term project will no doubt, encourage every Nigerian to own a home, most particularly those in diaspora who are interested in investing in Nigeria, they said. “This joint venture will seek to improve and restore confidence of Nigerians abroad who have always wanted to invest in Nigeria but have fallen victims to land grabbers popularly referred to as ‘Omo-Oniles’. Thus, it is expected that this agreement will bring about utmost security, trust and peace of mind in the hearts

of investors,” said the MD/CEO of Thasaraus Gardens Limited, Mr. Bolaji Olasode, at a press held in Lagos recently. On the need to partner with Diaspora Lakeview Estates Limited, Olasode said their strategic partnership “will bring about a peace of mind in acquiring property,” saying a unique feature of this estate is its waterways. “A special waterway transport system will be developed through which people can travel to all parts of Lagos State. He noted that the cost of land at the Diaspora Lakeview Estate would appreciate rapidly and that the return on investment is speculated at 100% in two years.

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

6XB "HCPOJMF $&0 *OGPXBSF

T U E S DAY Ëž JANUARY 29, 2019

BUSINESS/MONEYGUIDE

NESG: Power, Education to Drive Nigeriaâ€™s Economic Growth Nume Ekeghe The Nigerian Economic Summit Group (NESG) yesterday, presented its 2019 macroeconomic outlook for the year 2019. According to the NESG, the power and education sectors were identified as major drivers of growth of Nigeriaâ€™s Gross Domestic Product, if well managed. The unveiling of the report had in attendance operators from the private and public sector, in preparation for the NESG 2019. Speaking in a chat with THISDAY, the Chairman, NESG Mr. Asue Ighodalo said: â€œOur coming summit is an extremely important one. It is going to be our 25th summit. We intend to come with a couple of major policy documentation, we intend to lookout for visioning documents for the country, which we hope government would pay attention to once we are ready with them. â€œI think government needs

to free our power sector a bit more. We need to get the right kind of private sector into our power sector. We need to look at the issue of rate in the power sector, so as to encourage more players to come into the sector. â€œWe need to work on our transmission. Generally, there are lots of work that need to be done in the power sector which we believe is one of the cardinals to grow our economy. â€œBut we have a lot that can encourage that work if the law is implemented. But we need to encourage the private sector deliberately to come into the power sector. â€œAnd the regulators of the power sector must understand that they are regulating to develop the sector not to stifle it. That is very fundamental. â€œThe education sector too is equally very important in growing our economy. For me, every child from age five must be in school and they must be able to go to school

to the extent of their abilities. â€œWhat we are doing now is that, we have so many children who are out of school, and we donâ€™t have the schools for them. There are a couple of states doing good things in the education sector. A state like Edo state where the teachers are being trained, and they go on to train the children.â€? He added: â€œThe way we are going, and the way the world is going, if we donâ€™t pay serious attention to the education we require for the future, Nigeria will remain in the backward. We need to look at our vocational education, our technical education as well as our tertiary education. â€œA lot of attention must be given to education. The two most important things for inclusive growth definitely are power and education. Then the third is health. Infrastructure also, but we can work with the private sector on infrastructure.â€?

L-R: Chairman/CEO, Japan External Trade Organisation (JETRO), Mr. Hiroyuki Ishige and Chairman, United Bank for Africa Plc, Mr. Tony Elumelu, during a courtesy visit by JETRO to the bankâ€™s head oďŹƒce in Lagosâ€Śyesterday

MARKET INDICATORS

UBA, JETRO Join Forces to Promote MSMEs in Africa The United Bank for Africa (UBA) Plc has indicated its preparedness to support the Japanese government in its drive to promote small and medium scale enterprises (MSMEs) across Africa. Chairman of UBA Group, Mr. Tony Elumelu, said this yesterday when members of the Japan External Trade Organisation (JETRO), led by its CEO, Mr. Hiroyuki Ishige, visited the bankâ€™s head office in Lagos. Elumelu, who welcomed the guests, noted that the deliberations had earlier begun in Davos, Switzerland, adding that like UBA, JETRO shared the passion for transforming lives and helping to build businesses and trade across the world. According to Elumelu, â€œWhen global leaders visit a country, they bring global attention. These investors who came from Davos have seen Nigeria as a business destination and have come to the country for the first time to visit us and see how things work here. The fact is that we all share the same passion to help

transform lives and businesses around the world. â€œWe are aware of the various investments you have made recently to develop Africa and African businesses and this is what we also stand for at UBA developing enterprises across the African continent. We believe that this visit will mark significant milestones and progress as we work towards empowering the youths and small and medium scale businesses.â€? Elumelu stated that such collaboration and partnership would support employment creation, poverty alleviation and building sustainable businesses that contribute towards economic growth. Also, Ishige, who was full of praises for the bankâ€™s management, noted that he found Nigeria very interesting with many wonderful opportunities for investment. He said the JETRO aims to contribute to further development of Japanâ€™s economy and society through promoting trade and investment as well as research in developing countries.

MONEY AND CREDIT STATISTICS â€œWe like what we have seen here and we want to seize this opportunity to invite UBA to our oncoming Afro Japanese Summit which will be taking place in Yokohoma, Japan this August. â€œI am convinced it will be a great opportunity for both countries to showcase themselves and come together towards the common aim of building and supporting small and medium scale businesses,â€? the Japan Trade boss said. He explained that JETRO through its domestic and oversea networks supports small and medium enterprises, adding that the organisation cooperates with relevant organisations, local governments, etc. to provide services that match the needs of the company. â€œWe will actively and efficiently work on exporting food products and on supporting overseas expansion of small and medium-sized enterprises and contribute to Japanese corporate activities as well as trade policies through surveys and research,â€? Ishige said.

Investment One Unveils Investment App Bamidele Famoofo Investment One Limited has launched an investment solution for investors. The Ziing App, according to Group Chief Executive Officer of the Company, Nicholas Nyamali, is a solution for investors who desire to be total control of their investments. â€œZiing is an App on your phone that essentially enables you to take control of your finances. It is your money buddy. It is an App that provides the user an array of financial services ranging from timely investment information to identifying available investment opportunitiesâ€?, Nyamali disclosed at the launch of the application in recently in Lagos. â€œWith Ziing, l donâ€™t need to walk into a bank to ask my banker questions on how to manage my idle fund and l

can easily control my expenses in case they are getting out of hands,â€? he added. A major difference between Ziing and other Apps so far introduced into the Nigerian financial space is that it addresses other financial needs beyond payments. â€œIt is a one- stop -shop investment management App. You can save with it, track what trading looks like on the stock exchange without going through a broker just with a touch on your phone. Ziing can be used for international money transfer (both sending and receiving). For your latest stock prices, treasury bills prices, investment information, simply Ziing it. For cash, loans etc., Ziing it,â€?Nyamali enthused. Ziing also offers its users access to their investment account outside the working days as it enables them to be able to

meet their immediate financial needs at any time they needed it. â€œFor instance you can put your money in a fixed deposit say at 13 percent and on a Saturday, with your phone, you can liquidate such an investment to create immediate access to your money. There is no need to have an investment fund (fixed deposit) separated from your current account with the Ziing Appâ€?, Investment One disclosed. Speaking on the rationale behind the introduction of the app by his company, Nyamali said it was the need to provide access and control to players in the financial space both locally and internationally. â€œIf we are honest to ourselves we will realise the bulk of solutions we have seen in the banking space are that of payment, payments for subscriptions, bills etc.

(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 Ă™Ă–Ă“Ă?ĂŁ Ă‹ĂžĂ? Ě‹ ÍŻÍąĎą

OPEC DAILY BASKET PRICE AS AT FRIDAY, 25 JANUARY 2019

The price of OPEC basket of fourteen crudes stood at $60.90 a barrel on Friday, compared with $60.22 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

T U E S DAY Ëž JANUARY 29, 2019

MARKET NEWS

Equities Market Opens Week on Bearish Note on Profit-taking Goddy Egene TThe nationâ€™s stock market opened the week on bearish note as investors locked in profits recorded in the past days. As a result, the Nigerian Stock Exchange (NSE) All-Share Index (ASI) fell by 0.26 per cent to close lower at 31,344.24, while market capitalisation shed N30.7 billion to close at N11.7 trillion. The market had a rallied in recent days on the back of bargain hunting,

leading to significant recovery. However, some short term investors decided to take profit due partly to what some analysts linked to renewed appetite for naira assets by foreign investors. At the closing of trading yesterday, 30 stocks lost value compared with 10 others that depreciated. Bellwethers such as United Bank for Africa Plc, Seplat, Access Bank Plc and Guaranty Trust Bank Plc were among the price losses.

P R I C E S MAIN BOARD

F O R DEALS

But Berger Paints of Nigeria Plc led the table with 9.6 per cent, trailed by Consolidated Hallmark Insurance Plc which shed 8.5 per cent. MCNichols Plc went down by 7.6 per cent, just as A.G Leventis Nigeria Plc and Royal Exchange Plc depreciated by 6.5 per cent and 6.4 per cent respectively. Access Bank Plc and Diamond Bank Plc equally dipped by 2.3 per cent and 1.3 per cent respectively. Access Bank Plc last week disclosed that its business

S E C U R I T I E S

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

combination deal with Diamond Bank Plc, would be concluded about two months earlier than initially expected. It was reported that the deal, which was set to close in June, would be completed in the second quarter. On the positive side, NPF Microfinance Bank Plc led the price gainers with 9.5 per cent, trailed by Union Diagnostic and Clinical Services Plc with 7.4 per cent. Oando Plc and University Press Plc chalked up 5.1 per cent

T R A D E D MAIN BOARD

A S

and 5.0 per cent in that order. Meanwhile, in line with the bearish performance, activity level also fell as volume and value traded declined 46.7 per cent and 41.4 per cent to 219.6 million shares and N1.8 billion respectively. The top traded stocks by volume were Fidelity Bank Plc (23.8 million shares), United Bank for Africa Plc (21.9 million shares) and Diamond Bank Plc (21.2 million shares). In terms value, the most traded were:

O F

GTBank (N487.9 million), Zenith Bank (N399.3 million) and UBA (N162.0 million). Sectorally, four of five sectors tracked closed in the red. The NSE Insurance Index declined the most shedding 1.1 per cent on account of selloffs in AIICO Insurance Plc and WAPIC Insurance Plc. The NSE Banking Index and NSE Oil & Gas Index went down by 0.5 per cent and 0.4 per cent in that order. The NSE Consumer Goods Index declined 0.3 per cent.

2 3 / 0 1 / 2 0 1 9 DEALS

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TUESDAY JANUARY 29, 2019 ˾ T H I S D AY

NEWSEXTRA

Nigeria Risks Loss of $9bn Assets to UK Firm Ugo Aliogo Except further indulged by a British Commercial Court sitting in London, Nigeria risks losing a whopping $9 billion worth of assets in the UK to a British firm, Process and Industrial Developments Limited (P&ID), which two years ago got an arbitration award of $6.6billion against the country for breach of agreement. The balance of $2.6 billion is interest at seven per cent on the principal award effective from March 20, 2013, the date of declaration of dispute. This could be more, as interest continues to mount, growing at a staggering rate of $1.3 million per day. Nigeria’s crippling liability, a substantial 11 per cent of its entire external reserves put at $43.2 billion, arose from a dispute between it and the British Virgin Islands’ company over a Gas Supply and Processing Agreement (GSPA) signed in January 2010. After a couple of legal challenges to the award failed, in part due to carelessness of its officials in the foreign and justice ministries, two enforcement proceedings are now pending in the UK and the US. While the proceedings in a US Federal District Court in Washington has entered appeal stage at the instance of Nigeria, the one in the UK is due for enforcement hearing on February 15, a day before the presidential election that President Muhammadu Buhari is strenuously pursuing. Last month, the English court gave Nigeria one last chance to present its defence to enforcement of the Award. On February 15 the question of whether P&ID may seize Nigeria’s commercial assets in England will be “finally determined once and for all”. As it is usual in the entire arbitration and enforcement proceedings, Nigeria had been negligent in diligent prosecution of its challenges to the company’s claims, failing to comply with basic rules of arbitration and court that require it to file its defence. The English court has labelled these defaults “both serious and significant” P&ID had declared a dispute, submitting to arbitration, which proceedings commenced on January 29, 2013 before the London Arbitration Tribunal composed of Leonard Lord Hoffmann (presiding); Sir Anthony Evans

QC, nominated by P&ID; and Chief Bayo Ojo (SAN), nominated by Nigeria, and eventually entered overall award of $6.597 billion (now with interest $9 billion) against Nigeria on February 10, 2017. Under the English Arbitration Act 1996, Nigeria had within 28 days of award to apply to set it aside but failed to do so as at March 10, 2017 when the time lapsed, exposing it to the danger of coughing out the huge sums should its legal challenge to the confirmation application of P&ID fail on February 15. Should the English court allow P&ID to enforce the award in the country, Nigeria risks seizure of its assets in England and any other of the over 100 countries that are signatories to the 1958 Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”), including all of the major trading partners of Nigeria. In practical terms, the risk amounts to about 11 per cent of the current entire foreign reserves of Nigeria put at $43.2 billion and could deal a devastating blow to the credit rating of the country, which has in the last three years plus, relied heavily on borrowing to sustain its annual budgets. Nigeria, which emerged from recession in 2017 and has had a sluggish growth rate of below two per cent, approved a three-year borrowing plan in 2016, estimating that 40 per cent of this would come from offshore to lower costs of lending. This borrowing plan would appear to now be at risk as Nigeria, rather than settle its arbitral award obligation continues to pursue a legal challenge, which some arbitration lawyers, including some of its advisory counsel have said is basically weak. “Nigeria’s chances, are very weak,” an experienced lawyer close to the proceedings told THISDAY at the weekend, saying the country’s application is way out of time and had expired. He pointed out that in addition to the fact that Nigeria’s application was statute-barred, the composition of the tribunal that issued the award was too solid for their findings to be reviewed. The presiding arbitrator, Lord Hoffmann, was former Lord of Appeal in Ordinary, during whose tenure, it was the highest judicial position in the UK, and the equivalent of today’s UK and Nigerian Supreme Court.

The other arbitrators, Evans and Ojo were former chief justice of Dubai International Financial Centre Courts (and the English Court of Appeal) and former attorney-general of Nigeria respectively. P&ID, an engineering and project management company with about 30 years’ experience in Nigeria, founded by two Irish, Michael Quinn and Brendan Cahill, had entered into the GSPA with Nigeria in 2010, stating that the company would build a state-of-the-art gas processing facility along the country’s coast. The project was to refine associated natural gas (also known as wet gas) into non-associated natural gas (lean gas) to be used by Nigeria in powering its national electric grid. Nigeria was to supply P&ID with agreed-upon quantities

of wet gas, at first 150 million, and eventually, 400 million standard cubic feet (SCF) per day for a 20-year period at no cost. This, however, required Nigeria to construct a pipeline to carry the gas to P&ID facility. The company was in turn to strip away the heavy hydrocarbons known as Natural Gas Liquids (NGLs) that make the wet gas unsuitable for electricity generation, then return to Nigeria the lean gas created at no cost, while P&ID would have the right to the by-products received from processing the gas. The project, however, collapsed two years later because of the failure of the federal government to secure a supply of wet gas or to build the pipeline to bring gas to the processing plant, forcing the company to declare a dispute. In January 2013 P&ID gave the

government one more chance to secure a supply of wet gas, but to no avail, leaving P&ID with no choice but to bring the contract to an end and pursue damages. “It is unfortunate for the Nigerian people that the government caused such a promising project to fail and result in an arbitration award against it of billions of dollars that it now shows no interest in satisfying or even trying to resolve amicably on a reasonable basis” said Brendan Cahill, a cofounder of P&ID, when contacted by THIS DAY. “This is a sad ending to a project that would have delivered electricity to millions of families across Nigeria, and brought significant income to the Nigerian treasury,” he said.

SECURITY ON THEIR MINDS...

L-R: Commander, Nigeria 561 Base Service Group, Ikeja, Air Commodore Sunday Makinde; Lagos State Commissioner of Police, Mr. Imohimi Edgal; Governor Akinwunmi Ambode; Commanding Officer, NNS Beecroft, Rear Admiral Okon Eyo; and Commander, 9 Brigade, Nigerian Army, Ikeja Cantonment, Brigadier General Taoreed Lagbaja, addressing the Government House Correspondents shortly after State Security Council meeting at the Lagos House, Alausa, Ikeja...yesterday

ISWAP, Nigerian Army Disagree over Killing of 30 Soldiers Defence minister seeks review of obsolete military laws Kingsley Nwezeh inAbujawith agencyreports The Nigerian Army and the Islamic State of West African Province (ISWAP) have disagreed over the claim by the insurgents that they killed 30 Nigerian soldiers in an attack on Saturday in Borno State. This is coming as the Minister of Defence, Brigadier-General Mansur Dan-Ali (rtd), yesterday called for a review of “obsolete” military laws, which he said had failed to meet the yearnings and aspirations of the military and society.

ANigerianArmy spokesman said an attack on troops by insurgents in the Borno village of Logomani was repelled, adding that eight soldiers were hurt, but none with life-threatening injuries. “Only eight of our troops were wounded, out of which four have since been evacuated ... while the other four are receiving treatment,” said the army spokesman But in a statement issued through its news agency Amaq, Islamic State had on Sunday claimed responsibility for the attack on a village it referred to as Lomani.

Meanwhile, the minister of Defence, Brigadier-General Mansur Dan-Ali, yesterday called for a review of “obsolete” military laws, which he said had failed to meet the yearnings and aspirations of the military and society. The minister spoke in Abuja while receiving the report of the committee set up to review the Armed Forces Act CAP A20 Laws of the Federation of Nigeria 2004. He said the current Armed Forces Act Cap A20 LFN 2004 was an amalgamation of the hitherto individual laws operated by the

three services, adding that the Armed Forces Decree of 1993 harmonised the three laws into one for the purpose of command, maintenance and the effective administration of the armed forces of the federation. “It is therefore pertinent to point out that while the laws from where the Nigerian Armed Forces copied her own law had undergone several reviews reflective of the ever changing status of the world; ours has remained stagnated thus failing to meet the yearnings and aspirations of the serving officers and the society at large”, he said.

The gubernatorial candidate of the All Progressives Congress (APC) in Akwa Ibom State, Obong Nsima Ekere, has promised to do everything possible to make Ibaka Deep Seaport, in Mbo Local Government Area of the state, a reality if elected governor on March 2, 2019.

Speaking during the APC campaign rally in Mbo, the host community of the proposed seaport, Ekere lamented that the seaport has remained on newspapers and books for too long. “We will do everything possible, as long as God lives, to remove all the impediments to make that

project work. Ibaka Deep Seaport will no longer be on newspapers and books. It will become a reality,” he said. Ekere hinted that he planned to turn Mbo into an industrial hub by building an industrial city around the seaport. He promised to liaise with the

federal government to fast track the resuscitation of the Ebughu Fishing Terminal and the upgrade of the Forward Operations Base at Ibaka to a full-fledged naval base. The APC flagbearer also promised to provide Mbo, largely a fishing local government area, with a fishing processing industry.

Dead, Retired Judges Appointed to Serve in Election Tribunals Ekere Promises to Build Ibaka Seaport Alex Enumah in Abuja

There indications that some of the 250 judges sworn-in by the Acting Chief Justice of Nigeria, Justice Ibrahim Tanko Muhammed at the weekend to adjudicate in 2019 Election Petition Tribunals were either dead or retired. Already, some of these dead or retired judges have been identified. Former Chairman, National Human Rights Commission (NHRC), Prof. Chidi Odinkalu in his twitter handle identified the late Justice Steve Evo Chukwu who died in 2016 as one of the late judges that made the list. Odinkalu said: “Steve Evo Chukwu and I were school mates. In June 2016 while serving

as a judge of Nigeria’s Federal High Court, he died at 51. Over 30 months after Steve died, he was sworn-in yesterday, January 26,2019 to adjudicate on petitions 2019 elections.” Another late judge identified is JusticeEdemekongEdemekongwhose name appeared as number 58 on the list and declared that the late Justice died since 2013. Another Justice Chukwu from Ebonyi State and number 53 on the list, who was formerly of the Federal High Court is also said to have been long dead. Also, Justice Stephen Okon, a retired Chief Judge of Akwa IbomStateand JusticeOkoyoEssang(number56),aretired justiceoftheHighCourtinAkwaIbom State, both made the list.

If as, P&ID expected, the UK court grants enforcement on 15 February, the company will be entitled to seize Nigeria’s commercial assets in London, the world’s leading financial centre. In previous high-profile enforcement cases against sovereign states, wide-ranging disclosure orders have been made in respect of assets, and major assets such as ships have been seized. After Argentina defaulted on its sovereign debt, creditors detained the Argentine naval vessel ARA Libertad when it docked in the Ghanaian port of Tema in 2012. For many years Argentina found itself largely locked out of the global capital markets. Argentina’s foreign reserves, and other assets, were legitimately targeted. Nigeria can ill afford to find itself in a similar dilemma.

Ghana to Host 8th DStv Eutelsat Star Awards The 8th edition of the DStv Eutelsat Star Awards will hold in Accra, Ghana, on 13 February. According to a statement issued by MultiChoice, it is the second time Ghana will be hosting the award since the competition

began in 2011. Ghana was also the first country to produce an overall poster winner during the inaugural DStv Eutelsat Star Awards. To date, the country has produced three overall winners namely; Michael

Yeboah (2011), Lloyd Ossei Baffour (2013) and Ayawen Asuinura (2015). The awards will see recently announced in-country winners of the 2018 edition of the DStv Eutelsat Star Awards, Nigeria’s

Tirzah Ikiri of Zamani College, Kaduna, (Essay category) and Prosper Okarike of Graceland International College, PortHarcourt (Poster category) competing with other winners across the continent.

T H I S D AY Ëž Ëœ ÍşÎ Ëœ ÍşÍ¸ÍšÍˇ

MARKET NEWS

SEC DG Makes Case for More Patronage of Capital Market Goddy Egene The acting Director General of the Securities and Exchange Commission (SEC), Mary Uduk has called for more patronage of the nationâ€™s capital market, saying there are many opportunities governments and corporate organisations can tap to grow the economy. Speaking at a forum in Akure, Ondo State, Uduk specifically urged state governments to take advantage of the enormous

opportunities available in the capital market to revitalise moribund companies in their state in a bid to create wealth for the citizens. Speaking through the Head, Zonal Offices Coordinating Department, Mr. Edward Okolo, the SEC boss said the capital market has instruments to revamp such companies through private equity funding and partnerships. She also urged investors to take advantage of the ongoing electronic-dividend (e-dividend) registration as well

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€˜sharesâ€™ on the

as the regularisation of multiple subscription accounts so as reduce the unclaimed dividends and increase liquidity in the market. She disclosed that the forbearance window for shareholders with multiple subscriptions has been extended to December 31, 2019 and enjoined those who have not come forward for the regularisation of shares purchased with multiple identities to do so. â€œThe essence of the E-Dividend Mandate Management System is to eradicate or reduce to the

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 25Jan-2019, unless otherwise stated.

barest minimum the incidence of unclaimed dividend. Unclaimed dividend is an undesirable feature of the Nigerian capital market which denies investors/ shareholders the gains of participating in the capital market. It denies the economy access to the huge amount of money which should have accrued to shareholders and would have gone into circulation to oil the wheel of the economy. â€œIt is a consequence of the bottlenecks which are inherent

in the erstwhile paper dividend warrant regime such as postal system inefficiency, change in investorsâ€™ addresses, poor fidelity and human fallibility in dividend payment processes, amongst others,â€? she said. Meanwhile, Head, Lagos Zonal Office of the SEC, Mr. Stephen Falomo said over the years, the quantum of unclaimed dividends, within the Nigerian capital market, has witnessed tremendous growth, peaking at N100 billion last year. â€œCompanies would continue

to declare dividends, this figure is expected to further grow. The huge figure and continuous growth of unclaimed dividends clearly suggest an urgent need to stem trendâ€? he said. Falomo said the way out is for Nigerian investors to enroll for the e-dividend by completing an e-Dividend â€˜Mandate Formâ€™ and submitting same at the nearest branch of his/her Bank or Registrarâ€™s office, for identity validation leveraging the BVN platform of the NIBSS.

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 N/A N/A N/A Afrinvest Plutus Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A 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 0.85 0.86 0.83% ACAP Income Funds 0.62 0.62 11.01% 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 13.00% AIICO Balanced Fund 2.24 2.26 0.62% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund 16.40 16.90 -1.14% ARM Discovery Fund 354.10 364.77 -0.71% ARM Ethical Fund 28.61 29.48 1.32% ARM Money Market Fund 1.00 1.00 13.11% 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 101.32 102.03 0.13% AXA Mansard Money Market Fund 1.00 1.00 12.96% 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 13.97% Paramount Equity Fund 11.56 11.85 -1.31% Women's Investment Fund 101.19 103.78 -1.34% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 13.11% Cordros Milestone Fund 2023 97.24 97.54 Cordros Milestone Fund 2028 99.27 99.73 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 12.94% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.77% 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 N/A N/A N/A FBN Heritage Fund 143.29 144.52 -0.08% FBN Money Market Fund 100.00 100.00 13.66% FBN Nigeria Eurobond (USD) Fund - Institutional N/A N/A N/A FBN Nigeria Eurobond (USD) Fund - Retail N/A N/A N/A FBN Nigeria Smart Beta Equity Fund N/A N/A N/A FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 1.20 1.23 -1.28% Legacy Debt Fund 3.27 3.27 0.80% Legacy USD Bond Fund 1.03 1.03 0.32% 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 N/A N/A N/A Coral Income Fund N/A N/A N/A 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 12.87% Nigeria Entertainment Fund 107.68 108.07 6.84% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 12.86%

Vantage Balanced Fund 2.16 2.17 0.21% Vantage Guaranteed Income Fund 1.00 1.00 15.97% Kedari Investment Fund (KIF) 120.71 120.90 -3.37% 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 1.22 1.24 0.87% Lotus Halal Fixed Income Fund 1,078.68 1,078.68 0.87% 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 11.37 11.46 -1.14% Meristem Money Market Fund 10.00 10.00 12.46% 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 1.35 1.38 6.07% PACAM Fixed Income Fund 12.39 12.38 1.23% PACAM Money Market Fund 10.00 10.00 12.72% 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 120.35 120.97 -0.29% 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 1.01 1.01 0.98% 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 2,322.67 2,336.83 2.54% Stanbic IBTC Bond Fund 192.15 192.15 2.37% Stanbic IBTC Ethical Fund 0.94 0.95 -0.53% Stanbic IBTC Guaranteed Investment Fund 249.07 249.12 2.80% Stanbic IBTC Iman Fund 162.21 163.97 -0.59% Stanbic IBTC Money Market Fund 100.00 100.00 13.09% Stanbic IBTC Nigerian Equity Fund 8,392.81 8,494.59 0.63% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 3.13% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.20 1.20 -0.46% United Capital Bond Fund 1.61 1.61 0.87% United Capital Equity Fund 0.69 0.70 -3.62% United Capital Money Market Fund 1.00 1.00 14.32% United Capital Eurobond Fund 107.79 107.79 0.49% United Capital Wealth for Women Fund 1.09 1.09 -0.46% 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 11.12 11.28 4.00% Zenith Ethical Fund 12.35 12.47 2.56% Zenith Income Fund 20.79 20.79 7.91% Zenith Money Market Fund 1.00 1.00 11.83%

REITS NAV Per Share

Yield / T-Rtn

N/A 118.12 51.84

N/A 0.06% 0.05%

Bid Price

Offer Price

Yield / T-Rtn

10.54 114.57 88.38

10.64 117.04 90.02

-0.13% -2.32% -0.32%

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

4.05 7.17 14.63 13.09 145.39

4.09 7.25 14.73 13.29 147.39

1.15% -5.89% -2.14% 5.86% 1.28%

NAV Per Share

Yield / T-Rtn

107.13

17.03%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

The value of investments and the income from them may fall as well as rise. Past performance is a guide and not an indication of future returns. Fund prices published in this edition are also available on each fund managerâ€™s website and FMANâ€™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.

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

TUESDAY JANUARY 29, 2019 ˾ T H I S D AY

INTERNATIONAL

Britain Faces Risks Crashing out of EU Without Brexit Deal, Says Negotiator Britain risks crashing out of the European Union without a Brexit deal “by accident” because London cannot decide what it wants, a senior EU negotiator warned Monday. In some of her toughest remarks to date, Sabine

Weyand, deputy to EU Brexit pointman Michel Barnier, criticised Prime Minister Theresa May’s handling of divorce talks. “There is a very real risk of crash out. Not by design but by accident,” Weyand told an expert audience

Brazil’s Bolsonaro Has Successful Surgery Brazil’s new president, Jair Bolsonaro, underwent surgery Monday to successfully remove a colostomy bag attached after suffering a serious abdominal wound in a knife attack while campaigning last year, his office said. The leader, who took office at the beginning of January, will have two days of absolute rest then resume his duties from his hospital ward in Sao Paulo until he more fully recovers, something expected to take between a week and 10 days. Bolsonaro, 63, was stabbed by a mentally unstable lone assailant on September 6 while he was campaigning in a crowd in a street in the southeast state of Minas Gerais. After emergency surgery to save his life, the far-right politician was forced to lay up for 23 days — but still saw his popularity rise because of public sympathy and the way the attack played into his

hardline law-and-order agenda. Bolsonaro went on to easily win October elections. He has vowed to crack down on crime and corruption in Latin America’s biggest country. The president made his first foreign trip to attend last week’s World Economic Forum in Davos, Switzerland with his colostomy bag still attached. Late Sunday he issued a video on social media from the hospital, wearing a blue hospital gown and saying: “If God wills it, all will go well. Thanks to all for your prayers.” For Bolsonaro’s two days of rest, Brazil’s Vice President Hamilton Mourao will serve as acting president before handing responsibilities back to his boss. Ministers will fly in from the capital Brasilia as needed. “A whole structure has been set up in Sao Paulo to ensure effective governance,” said presidential spokesman Otavio Santana do Rego Barros.

invited by the European Policy Centre think tank. Weyand complained that May had kept her own cabinet and MPs in the dark during 18 months of intense negotiations. As a result, she argued, many Westminster lawmakers were surprised by the content of the withdrawal deal May signed with EU leaders in November — and rejected it. May is now seeking tweaks to the accord and to a parallel political declaration on future EU-British relations in the hope of belatedly winning domestic support. But the prospect of Brexit

Agrizzi alleged. Agrizzi said on one occasion the Bosasa CEO at the time, Gavin Watson also went to Zuma’s private home and “personally brought” him the money. “He (Watson) said he personally delivered it to Jacob Zuma, put the bag next to him… and asked him the question: ‘Does Dudu give you your money every month?’ And the answer was ‘Yes’,” Agrizzi said. The commission headed by Judge Ray Zondo is investigating a web of murky deals involving government officials, the wealthy Gupta family and state-owned entities during the Zuma’s nine-year reign. In exchange for the payments,

Singaporean Health Minister Gan Kim Yon on Monday apologised for data leakage of 14,200 Singaporeans and foreigners diagnosed with the human immunodeficiency virus (HIV). An American male citizen has been accused of leaking online personal information of 14,200 Singaporeans and foreigners diagnosed with the human immunodeficiency virus (HIV), according to a press conference held by the Ministry of Health.

Agrizzi said Bosasa — renamed African Global Operations in 2017 — was looking to halt a police inquiry into suspicions that the company used illicit methods to obtain public contracts. Agrizzi last week told the commission that he had supplied an array of services for high-profile members of Zuma’s government and the ruling African National Congress. The current minister of environmental affairs Nomvula Mokonyane, who served as Zuma’s minister of water and sanitation between 2014 and 2018, got 50,000 rands in cash monthly, according to Agrizzi. The people accused will have a chance to appear before the commission at a later date.

UN Judicial Expert in Turkey to Probe Khashoggi’s Murder Turkish Foreign Minister, Mevlut Cavusoglu, on Monday met with a UN judicial expert who is looking into the murder of Saudi journalist Jamal Khashoggi as Ankara calls for an international inquiry. The UN special rapporteur on extra-judicial, summary or arbitrary executions, Agnes Callamard, will be in Turkey until Saturday for a series of meetings with authorities

including the Istanbul chief prosecutor. Khashoggi, a Washington Post contributor and Saudi regime critic, was murdered on October 2 in Turkey in what Riyadh called a “rogue” operation, tipping the kingdom into one of its worst diplomatic crises. Turkish authorities have called for an international probe into the killing which took

been a surprise if May had kept her sceptical cabinet up to date on the state of talks. “There are now ideas floating around again, and it does feel like Groundhog Day, about a time limit to the backstop or a unilateral exit clause,” she said. “Let me just reassure you: None of this is new.” May is expected back in Brussels to ask that the so-called “Irish backstop”, meant to guarantee no return of a border in Ireland, be stripped from the deal. Weyand said this had been rejected by all 27 EU leaders: “This negotiation is

in London. There’s no negotiation between the EU and the UK. That negotiation is finished. We are not going to reopen the withdrawal agreement.” Weyand praised May for accepting “ownership” of the deal but warned she had lost her cabinet and party’s support: “You cannot lead a negotiation like that in secrecy. “On the UK side, the fact this was handled within a very small circle and there was no information about all the things that were tried in the negotiations, is now a big handicap.”

Singaporean Health Minister Apologises for Data Leakage of 14,200 Living with HIV

Zuma Implicated in Bribes at South Africa Corruption Inquiry Former South African president, Jacob Zuma, who was forced to resign last year under a cloud of corruption scandals, allegedly accepted monthly bribes from a security firm, according to a witness at a judicial inquiry. Angelo Agrizzi, ex-chief operating officer of the Bosasa contracting company, has given days of bombshell testimony to the Zondo commission probing allegations of government corruption under Zuma. Agrizzi said Bosasa made monthly payments of some 300,000 rand (around 1,900 euros, $2,200) to the Jacob Zuma foundation. The money, hidden in a luxury bag, was received through foundation president Dudu Myeni, the former chair of South African Airways,

Day, March 29, coming round without an agreement is becoming ever more likely. “The crash out is the only scenario that does not require anyone to take any action or any decisions, and that is why the risk of a crash out is so high,” Weyand said. On Tuesday, British MPs will vote on a raft of amendments that could end up forcing May to either seek a delay in the Brexit date or a revising withdrawal agreement. – ‘Groundhog day’ – But Weyand warned that negotiations are over and that this would not have

place at the Saudi consulate in Istanbul, complaining of Saudi Arabia’s failure to cooperate. “Met with @ AgnesCallamard, #UN Special Rapporteur on ExtraJudicial Executions, who is in #Turkey to investigate the murder of Jamal Khashoggi,” Cavusoglu wrote on Twitter, sharing a picture from his meeting in Ankara.

The leaked data includes the information of 5,400 Singaporeans diagnosed with HIV since January 2013, and 8,800 foreigners diagnosed from December 2011. The leakage included their names, contact details and medical information. Also being put online were the name, identification number, phone number and address of 2,400 people

identified through contact tracing from May, 2007. The culprit is believed to be Mikhy Farrera-Brochez, who lived in Singapore from 2008 before being jailed in 2017 for several fraud and drug-related offences and lied to the Ministry of Manpower about his own HIV status. He got the information from his partner Ler Teck

Siang, who was head of the National Public Health Unit (NPHU) with the Ministry of Health from March 2012 to May 2013 and had access to the HIV Registry. Gan apologised for the breach, adding that his ministry will continue to strengthen and review their systems and their priority remains on the patients’ well-being.

5 ) * 4 % ": t TUESDAY, JANUARY 29, 2019

T U E S DAY ˾ JANUARY 29, 2019

SPORTS

ÜÙßÚ ÚÙÜÞÝ ÎÓÞÙÜ Duro Ikhazuagbe ×ËÓÖ duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY

AFCON Boss Confident Egypt 2019Would Be a Success The 1st Vice President of the Confederation of African Football, who is also the President of AFCON Organizing Committee, Nigeria’s Amaju Melvin Pinnick has pledged that the continental football-ruling body is doing everything within its power to ensure that the 32nd Africa Cup finals holding in Egypt this summer is a huge success. Speaking in Lagos yesterday, Pinnick, who is also President of the Nigeria Football Federation (NFF), said CAF is aware of the apprehension of the African football stakeholders, and is putting measures in place to tackle those fears and guarantee a seamless continental houseparty that everyone would be proud of. “CAF is not unmindful of the reservations being harboured in some quarters, and feelings of anxiety being expressed in several fora by some individuals and groups. What is important is that we are taking note of all these and putting measures in place to tackle these genuine fears. “At the end of the day, football would be the winner. We are very positive that those measures we have put in place and those we have lined up

will culminate in an occasion that every African would be proud of, and which will leave the average football follower elsewhere enthralled.” There has been widespread anxiety within the African football community over the hosting of the first-ever 24-nation AFCON, following CAF’s decision to strip Cameroon of the hosting right at the end of November last year, with new host Egypt announced only early this month. On Saturday, CAF’s Emergency Committee announced that the draw ceremony for the championship, scheduled for between 21st June and 19th July in eight Egyptian venues, would hold in Cairo on 12th April. That is exactly 10 weeks to the opening match of the championship. In previous years and decades, host nations of Africa’s flagship tournament had been privileged to have more time to prepare for the various obligations involved in staging the competition, with the exception of Equatorial Guinea and Gabon (the last two host nations) who had few months to step in after originally –designated hosts

balked late in the day. “We are assured that Egypt would be ready and would put

up a good show. CAF is also monitoring preparations on all fronts to ensure that nothing

goes wrong,” stressed the CAF chief. Nigeria’s Super Eagles,

three-time champions, have already booked their place at the 24-nation fiesta.

R-L: Representative of Mr. Nicolas Terraz, Managing Director, Total E&P Nigeria Limited, Engr. Vincent Nnadi, Executive General Manager, CSR, Total E&P Nigeria Limited in a warm handshake with one of Nigeria’s top para power lifters, Mr. Roland Ezeruike, with another powerlifter, Ms. Lucy Ejike sharing the moment with them at the opening ceremony of the International Para Powerlifting Competition held in Lagos at the weekend

Egbe Hails Dickson over Bayelsa Queens’NWPL Super 4Victory Chief Executive Officer of Monimichelle, Ebi Egbe, has commended Gov Seriake Dickson over Bayelsa Queens victory in the just concluded Nigerian Women’s Professional League (NWPL) Super 4 Tournament in Lagos last Sunday. The Restoration Girls shocked bookmakers as they stunned title holders, Nasarawa Amazons with two un-replied goals in the final of the NWPL Super 4 at the Agege Stadium in Lagos. One goal each in the second half of the hotly contested final from Uzoamaka Igwe and petite striker, Joy Bokiri proved adequate to hand the Yenagoa landladies the coveted trophy

Chairperson of the Nigerian Women Football League (NWFL), Aisha Falode (centre), presenting trophy to Captain of Bayelsa Queens shortly after emerging champions of the NWPL Super 4 Tournament in Lagos last Sunday. On the right is 1st Vice President of the NFF, Seyi Akinwunmi as well as a princely sum of N3million for their first class performance. Egbe while congratulating Dickson over Bayelsa Queens,

said the state’s investment in the sports sector was yielding dividend. Bayelsa Queens emerged the nation’s champions few

months after the state capital hosted the women’s Aiteo Cup Federations Cup final in Yenagoa at the Samson Siasia Stadium. “Gov Seriake Dickson de-

serves kudos for the victory of Bayelsa Queens in the women’s league. The victory is a direct fall out of the massive investment of the state government in the area of sports. “Just last year, the state hosted the Women’s Aiteo Cup Federations Cup final at the Samson Siasia Stadium that boasts of the best playing turf in the country at the moment. “The performance of the state at the National Sports Festival in Abuja last December clearly shows that things are looking up for Bayelsa sports. “Nobody gave Bayelsa a chance to finish overall fifth on the final medals table,” Egbe

said. He therefor charged the state government to continue to pay good attention to the development of sports, as parts of the Restoration Agenda. Egbe believes that the state would in no distant time become the country’s number state in sports. Bayelsa Queens will square up against the Aiteo Cup winners, Rivers Angels to decide the overall best women team in the land when they clash in the Champions Shield on a date and venue yet to be decided by the Nigeria Women Football League (NWFL). Rivers Angels are the current holders of the highly prized Cup.

Sowore,AlliTask Sportswriters at DalungThumbs Up Peak for Sports Development Initiatives Access Lagos Marathon Seminar The Minister of Sports and tion in many ways including at this competition”, the Peak that is expected to round off on The Media Seminar to herald the 2019 Access Bank Lagos City Marathon took place yesterday at the Sports Bar of the Teslim Balogun Stadium. Journalists interested in covering the 2019 race had a fruitful session with the organisers as well as other resource persons present to share their experiences and what is expected from the media practitioners at this weekend’s race. Yussuf Alli, the General Manager of the Access Bank Lagos City Marathon thanked journalists for all their support since the inception of the Lagos race while he also shared some of the new measures being put in place to allow for another seamless race this year. “We are grateful to the journalists for all their good work, but we have introduced some new rules for this year’s race particularly at the start point and the finish,” Alli fondly called ‘Skippo’ revealed. Alli stated that among other

things, the IAAF rules will be strictly followed this year; hence journalists must give the runners at least a two-minute break before they can be granted any sort of interview. The Access Bank Lagos City Marathon GM also enjoined journalists to contact the Athletes Representatives before race day if they are hoping to get more incisive interviews from the elite runners coming to participate at this year’s race. On his part, Hon Bukola Olopade who is the Race Consultant thanked the journalists for always putting the organisers on their toes and helping them get better with each edition. “I can assure you that this edition of the race will be much better than the previous one we have had,” he said For Olopade, it is not a mere coincidence that more people across the world are identifying with the Access Bank Lagos City Marathon.

Youth Development, Solomon Selcap Dalung, has commended Peak milk, the number one dairy brand in Nigeria, for devoting valuable resources to the development and sustenance of the para-powerlifting sport. Dalung in his welcome address at the opening ceremony of the Lagos 2019 International Para-powerlifting Competition said: “The success story of which we are all part of today is the outcome of support and contribution of our prospective partners in the country. I want to recognise and appreciate the contribution of FrieslandCampina Wamco Nigeria, producers of the household brand, Peak milk among other products, who have remained a reliable, ever willing and supportive partner in the progress of the Para-powerlifting Federation in particular and sports development in Nigeria in general. “FrieslandCampina Wamco, has been of tremendous support to Nigeria Para-powerlifting Federa-

the following Peak milestones, which includes the refurbishment and equipping of the para-powerlifting gymnasium of the National Stadium Lagos in 2018,” Dalung recalled. The Minister also outlined Peak’s sponsorship of the para-powerlifting athletes to a tournament in Dubai last year and the company’s donation of a wheelchair accessible bus to convey athletes to their various destinations with minimum stress. While acknowledging the Minister’s commendation, Marketing Director of FrieslandCampina Wamco, Chris Wulff-Caesar, who also sits on the organising committee of the competition expressed confidence that with the nutritional values of Peak milk, the para-powerlifters will finish tops at the end of the competition. “We are solidly behind you Unstoppables and we believe you will reach for your peak

milk executive said. Seven African countries including host Nigeria are participating in the competition

Wednesday. The countries are Ghana, Guinea, Cameroon, Central African Republic, Cote d’Ivoire and Tanzania.

FA Cup: Holders Chelsea Draw Man Utd in Fifth Round Defending champions Chelsea will host 12-time winners Manchester United in the fifth round of the FA Cup in a repeat of last year’s final. League Two side Newport County could host Premier League champions Manches-

ter City if they overcome Middlesbrough in their replay. League One side Doncaster Rovers will be hoping to create an upset after they were drawn at home to Crystal Palace. The fifth-round ties will take place between 15 and 18 February.

FIFTH-ROUND DRAW IN FULL Bristol City v Shrewsbury or Wolverhampton Wimbledon v Millwall Doncaster v Cry’ Palace Middlesbrough or Newport v Man City Chelsea v Man Utd Swansea v Barnet or Brentford Portsmouth or QPR v Watford Brighton or West Brom v Derby

Tuesday January 29, 2019

UT H

& RE A S O

Price: N250

MISSILE Onaiyekan to Nigerians “We seem to have convinced ourselves that we do not deserve the good things, which citizens of other countries enjoy; we are contented with struggling and ﬁghting for the crumbs falling from our master’s table. Our politicians use religion and ethnicity to divide and distract us while they focus on plundering our national wealth and bleeding our national treasury” –Archbishop of Abuja Catholic Diocese, John Cardinal Onaiyekan, stating why there is poverty in the country.

TUESDAY WITH REUBENABATI The Onnoghen Case and Other Stories abati1990@gmail.com

find it incredulous that a ruling government that seeks a second term in office and about which doubts have been expressed with regard to its performance, the competence of its officials and the quality of its service delivery would embark on a series of self-immolating adventures that can only further alienate it from the people it seeks to serve. The manner in which the Buhari administration has been summersaulting in the public domain barely three weeks to Nigeria’s 2019 general election is suicidal. It is a wrong time to launch an attack on key institutions of state and the psyche of the average Nigerian. Except there is something else that the advisers of this government know that we do not know, what we know is that election season is the best time, and perhaps the busiest period when Nigerian politicians try to put their best leg forward. It is that season when they make an effort to mend fences. But what we have seen is an incumbent Federal Government that has been going out of its way to make enemies unnecessarily, violate the integrity of institutions, court avoidable controversies and give the sad impression that the 2019 general election can be determined with or without the people. It is in order, therefore, to consider the arrogance of the state and the system insufferable. As a strategy, if that is what it is, this is indeed unbelievable. Anyone who has been following the news in Nigeria will have no problem providing useful illustrations in this respect. The latest is the matter of Walter Onnoghen, the Chief Justice of Nigeria (now suspended and on trial), over cloudy matters of assets declaration. There have been many permutations and points of analysis (legal and moral, speculative and affirmative) over this issue. We need not rehash the various details other than to remind us that issues have been raised about the government’s abuse of due process, and violation of the Constitution and the legal order, all after a characteristic fashion. There are those who argue that nobody is above the law, not even the Justice of the Supreme Court, but while that may be true, it is important also that the government is seen to be fair and sincere and that its commitment to law and justice is without blemish. The shoddy handling of CJN Onnoghen’s makes no impression on legal purists and positivists who aver that the law cannot be bent to serve the purposes of expediency, otherwise the law is advertised as an ass and every institution in the administration of justice system is put to ridicule. In addition, I think if the objective of those who want Justice Walter Onnoghen out of the way, and who have offered a lot of prosecutorial folklore, is to punish him for assumed infractions or to replace him with a friendlier Chief Justice, they could have done a much neater job. But they bungled it. They have demonstrated what seems to be habitual and serial incompetence, so much that the government now finds itself in a ridiculous situation whereby lawyers are calling to question the competence of all the reported 52 lawyers in the government. It all looks worse because of the perception that judges are being hounded and that

Onnoghen this particular government has no regard whatsoever for the doctrine of the separation of powers. This could have been avoided. But when a government begins to make mistakes, if it does not apply the brakes of caution, those mistakes invariably multiply. In an election season where one man is struggling to be more useful, more sycophantic than the other, you are bound to have the kind of confusion at the highest levels that we are currently witnessing. Confusion No 1: The Buhari government has been branded a dictatorship, akin to a military dictatorship. It has done nothing to correct that impression. The same government launched a broad daylight attack on the National Assembly, the country’s apex legislative body. Lawmakers were prevented from gaining access to their offices by security agencies. There is, as a matter of fact, no love lost between the Executive arm of government and the legislature. Some government spokespersons have justified that attack on the grounds of national security and moonlight tales that even children would consider too fabulous. Having pushed the National Assembly to a point where it is even afraid to call an extraordinary session without reading the mood of the Executive arm carefully, the Federal Government has also since gone after the judicial arm of government. The reputation of many judges has been soiled, and even if some judges are not above board like Caesar’s wife as they should be, even if there is a shorter supply of that judge in that once famous secondary school text: D. Olu Olagoke, The Incorruptible Judge, (can you imagine today’s judges selling eggs and running brothels?), the general trend is that the Buhari administration has no regard for court orders or the rule of law. More court orders have been violated in recent years than at any other time. This makes the comparison with military dictatorship popular and resonant. Nonetheless, a compromised judiciary digs its own grave. It opens itself to abuse by other players within the state. An upright judiciary stands on a higher pedestal that enables it to discharge its duties without fear or favour. We can recall with relish the golden era of the Nigerian Supreme Court: the days of Ayo Irikefe, Chukwudifu

Oputa, Kayode Eso,,, judges who stood up to tyranny and used the law and the court as a stablizing force and regulator. A lot has changed since that golden era. In those days, the judiciary stood firm and many of the judex could be counted upon to defend the law. Today, judges themselves encourage procedural infractions and assault on the Constitution. In the light of Section 158(1), Section 292 and Part 1 of the Third schedule to the Constitution, for example, does the President have the powers to suspend the CJN? Should any learned person issue a black market order to justify a constitutional infraction? Did the President lie to the nation by saying he acted in line with a CCT order? Did the order ask the President to suspend the CJN? The purported order says the CJN should “step aside”. Isn’t there a difference here? Does the President have the power to trigger a suspension? And should something as weighty as this be obtained through an ex parte order? Is the embattled CJN Onnoghen not entitled to fair hearing? If so, is this not a clear case of abuse of court process? The sum trite point is that procedural law is as important as substantive law. There are other questions: why didn’t CJN Onnoghen promptly summon the National Judicial Council (NJC) to a meeting to tackle the issues? Should he have tarried awhile? And why did the Acting CJN, Tanko Muhammed agree to aid illegality and Constitutional infraction by making himself available to be sworn in against all known norms and procedures; thus making himself a part of the problem? Shouldn’t he know what is right in the eyes of the law? Times like this call for courage from the Bar and the Bench. Cowardly silence or acquiescence after a few days of righteous noise-making, the type that I think is building up and spreading right now, could further damage the integrity of these two key institutions. There is a precedent. When a similar situation arose in 2007 in Pakistan under General Pervez Musharaff, the Bar and the Bench boycotted the courts and took to the streets (the Lawyers’ Movement/the Pakistan Long March) until the assault on the office of the Chief Justice was reversed. Will the Nigerian Bar and the Bench stand in unison? The Buhari administration has been serially and severally accused of nepotism and cronyism. Two key opportunities presented itself recently to correct this impression. Confusion 2: Even if there is a seniority rule in terms of succession to the seat of the Chief Justice, the fact that the immediate beneficiary of the suspension of CJN Onnoghen is a Northerner merely promotes the charge of nepotism. Many commenters believe that Onnoghen had to be suspended or removed as it were, to allow a Northerner preside over the Supreme Court during an election season. The acting CJN may be innocent on this score, but the Federal Government does him much harm. All of a sudden, he has become a victim of malicious propaganda, obviously orchestrated by Onnoghen’s sympathizers. About the same period, a Northerner and a Muslim was also appointed the Inspector General of Police to succeed another Northerner and

a Muslim. Similarly, every other strategic position in government is occupied by a Northerner. In the face of all this, the default response of the government is to argue that previous administrations did the same thing, meaning the ethnicization of power is normal. So what was all that preelection preachment about change all about, if as at 2019, nothing has changed? This is cynicism carried too far. Apparently, public opinion means nothing in the view of these new Sheriffs. What exactly is the wisdom in encouraging North-South polarization during an election season? If local public opinion is discounted, international public opinion is also dismissed as meddlesomeness and unwelcome interference. Confusion 3: Why is it that nobody can talk to “them” anymore and a healthy national conversation has become impossible? Some persons somewhere have forgotten how the international community, the same United Kingdom, United States and the European Union, that they now insult, carried the APC change agenda on their heads in 2014/2015. Our only consolation is that it is most unlikely that the international agencies in our midst will choose to be intimidated by the barking dogs and the hawks and the vultures of Nigerian democracy. It should be clear that Nigeria is not an island unto itself. It is not the other room. It is part of the larger room of global humanity. Under the international order, the country and its leaders are accountable to the people they lead and the rules of international engagement on the rule of law, fundamental human rights and good governance. So, there is no point to this barking match inside Nigeria; the dogs of agony must be put on a leash. For the avoidance of doubt, the minimum that every one is asking for, before the issues disappear into a maze of arguments and counter-arguments, is that Nigerians and the international community expect Nigeria to conduct free, fair and credible elections, and that the authorities will not act in any manner that will exacerbate tension and throw the country into chaos. Political gladiators must put Nigeria first and ensure political stability. The people’s vote must be allowed to count. The battle for power must not be conducted to the detriment of institutions. This means that the independence and neutrality of state institutions must be guaranteed and protected. All the heads of strategic institutions who because of the allure of the moment, may have forgotten that tomorrow will come, should learn from the experience of yesterday’s men and women. There is always a yesterday and a tomorrow in the natural order of things. There is also a tendency to reduce everything in Nigeria to a battle of egos, and that has proven to be counter-productive, because many egos get deflated, no man kisses the stars forever. Vengeance as state policy or political strategy is deplorable. This then, is a country right now, in desperate need of leadership. That leadership has to be provided by all stakeholders, not by any cabal, and we will find it, if Nigeria is placed first and we all look beyond rhetoric and short-term benefits, and those who matter stop treating this country like a prostitute.

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