TUESDAY 5TH FEBRUARY 2019 by THISDAY Newspapers Ltd

Despite Growth Promise, Power Supply Averages 3,952MW Chineme Okafor in Abuja Despite the promise by the Minister of Power, Works and Housing, Mr. Babatunde Fashola, in October 2018 that nationwide power supply could get better with the anticipated addition of

945MW of electricity into the grid before the end of the year, the average power supply in January 2019 was below the December 2018 level, THISDAY’s investigation has revealed. A data obtained from the office of the Vice President,

Prof. Yemi Osinbajo, showed that the average power generated and distributed to Nigerians in the first one month of 2019, was 3,952 megawatts (MW), representing a decline from level of generation in December 2018, by 141MW

or 3.4 per cent. According to the data from the Advisory Power Team in Osinbajo’s office, electricity supply in December 2018, averaged 4,093MW. However, 3,020MW was constrained from getting to homes and offices in the

country, while an average of N44.9 billion worth of revenue was not earned by the market. To attain this level of generation, 22.713 million standard feet per day (mmscfd) of gas supplied. However, in January

2019, the average volume slightly dropped to 3,952MW with 2,782MW constrained, N41.3 billion unearned and 21.472mmscfd of gas supplied, indicating a drop in gas supply to power plants Continued on page 10

At N947bn, Nigeria’s Non-oil Revenue Drops By 17% ... Page 10 Tuesday 5 February, 2019 Vol 24. No 8703. Price: N250

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FG: Opposition Parties Working toSaysUndermine General Election they are colluding with foreign intelligence services PDP, others: It’s false alarm Iyobosa Uwugiaren, Kingsley Nwezeh, Adedayo Akinwale and Udora Orizu in Abuja The Minister of Information and Culture, Alhaji Lai Mohammed, yesterday accused members of the opposition political parties

of working with ‘’hostile foreign intelligence services to undermine’’ the general election. In a similar vein, the Chief of Army Staff, Lt. General Tukur Buratai, yesterday raised the alarm over plot by ‘’subversive

elements’’ in Nigeria, acting in collaboration with some ‘’foreign conspirators’’ to scuttle the poll. But reacting swiftly to the minister’s allegation, the Peoples Democratic Party (PDP), Coalition of United Political Parties (CUPP), the African

Democratic Congress (ADC) and the Alliance for New Nigeria (ANN) described it as ‘’a false claim,’’ adding that many Nigerians no longer take the minister seriously. ‘’Lai has lied again,’’ CUPP stated.

Mohammed, who stated this while addressing some editors in Abuja, made reference to ‘’a particular presidential candidate,’’ who he alleged was holding ‘’suspicious meetings with some envoys’’ as part of his plans to instigate them against

the outcome of the elections. Specifically, he claimed that the oppositions are sending a delegation to some Western capitals, including London, Brussels and Washington DC, Continued on page 6

CCT Orders Onnoghen to Appear for Trial February 13

Senate withdraws case against Buhari, lauds NJC

Deji Elumoye and Alex Enumah in Abuja The Code of Conduct Tribunal (CCT) yesterday adjourned till February 13, the trial of the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, insisting that the embattled CJN must appear for trial on the new date. This is coming as the

Senate yesterday ordered the discontinuation of its case before the Supreme Court, seeking the judicial interpretation of the suspension of the CJN by President Muhammadu Buhari, predicating its action on the intervention by the National Judicial Council Continued on page 10

Appeal Court Gives Rivers APC Reprieve … Page 6

SHARING THE INDIAN EXPERIENCE… L-R: Founding Dean of the Indian School of Business (ISB), Hyderabad, Dr. Pramath Sinha; Nigeria’s Minister of Trade, Industry and Investment, Dr. Okechukwu Enelamah; President, Dangote Group, Alhaji Aliko Dangote; and former Managing Director of McKinsey & Company, Mr. Rajat Gupta, during a courtesy visit to Dangote in Lagos…yesterday

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Appeal Court Gives Rivers APC Reprieve Stays execution of order on INEC to delist its candidates

Ernest Chinwo in Port Harcourt Reprieve came the way of the All Progressives Congress (APC) yesterday as the Court of Appeal sitting in Port Harcourt, Rivers State capital, granted it a stay of execution of the judgment of the Federal High Court, which ordered the Independent National Electoral Commission (INEC) to delist candidates of the party in Rivers State from participating in the 2019 general election. The Rivers State chapter of the APC said it has been vindicated by the ruling and would contest the elections while the Peoples Democratic Party (PDP) has said it is not perturbed by the ruling as its work in the state would ensure victory for its candidates. The Federal High Court presided over by Justice Kolawole Omotosho, had while delivering judgment on a suit

brought by the PDP, disqualified APC candidates from being on the ballot for the general election. But ruling yesterday on a motion for stay of execution brought before it by both factions of the APC, the appeal court, ordered INEC to relist their names on the ballot. Delivering the ruling, the presiding justice, Justice Ali Gumel, whose ruling was read by Justice Muhammed Mustapha, said it would amount to injustice to the parties if the court refused to grant the stay of execution order. The appeal court noted that there was multiplication of appeal against the judgment of the Federal High Court, adding that all the parties in the suit appealed against the judgment in separate suits, while almost all the parties also applied for stay of execution. The judgment also noted that INEC as a party in the matter

did not file a counter affidavit on the application served it. Mustapha said, "It will be unjust to repeal the application for stay of execution of the Federal High Court judgment of January 7, 2019," Speaking with journalists after the judgment, counsel to the APC, Mr. Chimenem Jerome, who was holding brief for Mr. Lateef Fagbemi (SAN), said with the ruling, INEC would bring back APC candidates in the list for the 2019 general election. He said, "Today, the court delivered a ruling, the landmark one at that, staying the execution of the judgment delivered by Justice Kolawole Omotosho of the Federal High Court in Port Harcourt in suit number FC/PHC/144/2018, wherein he barred all APC candidates from participating in the 2019 general election. Also, it declared that APC will present no candidates. "The Court of Appeal being an appellate court, in its wisdom

PDP: We are not perturbed by the ruling

stated that since all the parties in that suit 144 are dissatisfied, they all filed Notices of Appeal. "All the parties except the Independent National Electoral Commission are appellants in this matter, which means that all the parties are dissatisfied with the judgment, so the court feels the justice it can give to the matter is to stay the execution. "And by this ruling today, APC in Rivers State and their candidates are free to participate in the elections. They can go about their campaigns, go about everything that is lawful to ensure that they are in the ballot and that INEC should ensure that their names are got back to the list.” But counsel to Senator Magnus Abe and 42 others, Mr. Patrick Luke, in the suit CA3/37/2019, said the ruling has not changed the position that APC candidates have been omitted in the election list. His words: "The appellant

asked for a stay of execution of judgment of the Federal High Court delivered on January 7, 2019. They also asked for a restraining order. "At the end of the proceedings today, the Court of Appeal, Port Harcourt Division delivered a ruling and refused the reliefs restraining INEC from obeying orders of the reliefs that were sought in the Federal High Court judgment delivered in January. "However, the court also granted their reliefs for stay of execution. "The implication is that legally speaking, you cannot order for a stay of execution on a completed act. The act they sought to stay is for INEC to remove the name of the candidate of APC from their lists, that act has already been completed. "For the records, on January 17, 2019, INEC published list of candidates of political parties

for 2019 general election in Rivers State, for the National Assembly members. The names of the candidates of APC were conspicuously omitted because they were obeying order of the judgment of the Federal High Court. "Again, on Friday January 31, 2019, INEC further published the final list of candidates for 2019 governorship election, obviously and the House of Assembly candidates of APC in the state were omitted and not published. "The implication is that those acts sought to be stayed have already been completed by INEC and INEC did not file any process to refute that they did not publish any list. "And again, the court did not give order to INEC to put back the names of the people they have removed, no order like that.”

Also reacting, the National Publicity Secretary of ADC, Mrs. Yemi Kolapo, said that the minister should not be taken serious. According to her: “Nobody should take Lai Mohammed serious at this time. He is just echoing what they are preparing for in their clueless camp. The same international security agencies were the ones that made sure that 2015 went on smoothly. So what is his point?” On his part, the National Publicity Secretary of ANN, Mr. Akinloye Oyeniyi, said though on a normal note, the allegation should be a worrisome one, but coming again like many others from Mohammed, one thing is certain and that is: the allegation of some hostile international security agencies working with the opposition to rig the outcome of the 2019 presidential election is a pure lie. He stated: “This is a government that have not only converted all national security agencies into its political security arm against all real and perceived oppositions, but going around campaigning with the citizens and governors of Zinder and Maradi from Niger Republic. ‘’We have heard so many from the outgoing government, but the good people of Nigeria already are aware all these are last kicks of a dying horse which will neither stop its death nor inflict any injury on anything around its spot. “Like we always advise, the outgoing government should know that it is now a fish out of water, it should stop heating up the polity but concerned itself for the remaining days preparing its handover note. Nigerians gave them the power in 2015 and same Nigerians have decided to take it back from them by February 16th, so why the false alarm.” Speaking in the same vein, the CUPP described the allegation as outright false, outrageous, baseless and clear sign of someone being tormented by guilty conscience and defeat syndrome. According to the coalition's spokesperson, Ikenga Ugochinyere, APC’s ranting is clear sign of imminent defeat. "Buhari and his cohorts’

ranting is a clear sign of imminent devastating defeat. They already know Atiku Abubakar will win in a free and fair election come February 16, so they are coming up with all sorts of lies to hide their fear. "Buhari is scared of international community because of consequences of his exposed plot to rig the election, using security and aliens from Chad and Niger. ‘’They have realised that Atiku will crack them like cracker biscuit, hence the reason for this allegation so as to divert attention from their plot to foist huge electoral robbery", CUPP added. He further advised Mohammed to stop lying through his teeth and face the impending defeat of their ‘’worthless government’’, adding that the opposition will not accept any electoral robbery. He denied any plotting to use international intelligence agencies to manipulate outcome of elections, adding that the opposition also will not be fooled or stand by and watch ‘’the APC’s evil plans’’ come to pass. CUPP said the current crisis in Venezuela would be a child's play if Buhari attempts to manipulate the 2019 elections.

Continued on page 37

FG: OPPOSITION PARTIES WORKING TO UNDERMINE GENERAL ELECTION to push the “concocted line that the Buhari administration has perfected the plan to rig the polls, while pushing for a rejection of the results if the president wins re-election,” saying they are also predicting carnage in the event of the president's victory. “He (the presidential candidate) is doing this because he has seen the hand writing on the wall; that he will be defeated; they are very desperate,’’ the federal government’s spokesman added. The minister recalled how on January 21 this year he alerted the nation, also via a press conference, to the plot by some opposition elements to scuttle the 2019 general election by instigating widespread violence across the country, basing his alarm on ‘’credible intelligence.’’ According to him, ‘’We revealed that the plan to scuttle the polls is part of moves to push the nation into a constitutional crisis, with the plotters hoping they can leverage on that to push for an interim government. When we raised the alarm, the opposition dismissed it. Of course they were shocked to have been found out, so we understand their panic reaction. ‘’To underscore the seriousness of our alert, a week after our press conference, the National Security Adviser (NSA) met with state governors to also inform them of this same plan to scuttle the polls via widespread violence. As I said at my last press conference, the alarm we raised is based on credible intelligence. ‘’Today, still based on credible intelligence, we can reveal that the opposition is moving a step further. They are working hard to discredit the forthcoming election before, during and after the polls. ‘’Specifically, they are sending a delegation to some Western capitals, including London, Brussels and Washington, DC, to push the concocted line that the Buhari administration has perfected the plan to rig the polls. They are therefore pushing for a rejection of the results if the president wins re-election. They are also predicting carnage in the event of the president's victory.’’ He accused the opposition of engaging in ‘’incendiary rhetoric and in making outlandish claims’’ using several fronts,

including the Coalition of United Political Parties (CUPP) which, describing it as nothing more than a ‘’reincarnated Association for Better Nigeria (ABN)’’ that played suspicious roles in the failed 1993 political transition process. The minister said that the oppositions are targeted, for attack, the two key institutions that are most critical to the success of the election: the Independent National Electoral Commission (INEC) and the police by using every ‘’malleable and malicious’’ personality to make wild allegations against INEC. He said: ‘’Their strategy is simple: Discredit the election even before it is held, and continue during and after the polls with a view to convincing the West - which they believe they have won to their side using lobbyist-propelled propaganda - that the election is not credible. ‘’Some may ask: why would the opposition go to this length? The answer is simple: They know, and are convinced, that they cannot win free, fair, credible and peaceful polls. The handwriting is on the wall for all discerning people to see. ‘’While President Buhari has received warm and genuine reception and adulation from huge crowds everywhere he has gone to campaign, their candidate has been exposed to apathetic and thinning crowds! Their numbers just don't add up.’’ He reiterated the president Buhari’s commitment to ensuring a free, fair and violence-free election, adding that he has no doubt that based on testimonies of change from Nigerians, the achievements of his administration, in the three cardinal areas of fighting corruption, revamping the economy and fighting insecurity, will speak for him at the polls. The federal government called on all Nigerians to be vigilant as the nation begins the final countdown to the elections, saying that ‘’eternal vigilance, as the saying goes, is the price of liberty; we must not allow desperate politicians to crash our democracy on the altar of their personal - and sometimes inordinate - ambition!’’ Army Chief Orders Clampdown on IPOB

Meanwhile, the Chief of Army Staff, Lt. Gen. Buratai, has ordered an immediate clampdown on the Indigenous People of Biafra (IPOB), whom he accused of threatening to scuttle the election. The army chief ordered the General Officers Commanding (GOCs), Brigade Commanders in the South-east geopolitical zone to immediately clampdown on IPOB, warning army officers against according undue advantage or receiving any inducement from politicians in the course of the election. Speaking at the Chief of Army Staff Operations Conference attended by GOCs and Brigade Commanders at the Headquarters Army Officers Mess, Asokoro, Abuja, Buratai said the army was in possession of intelligence information about subversive plot by some groups aided by foreign conspirators to scuttle the poll. He said, "Let me at this point state that we have information of subversive motives by some unpatriotic groups aided by foreign conspirators to scuttle the peaceful conduct of the 2019 general elections in some parts of the country. "We hereby warn such detractors to immediately mend their ways. The Nigerian Army is working closely with the Nigeria Police and other security agencies to ensure an enabling environment for the good citizens of our dear country to exercise their civic rights. "In this regard, GOCs and field commanders at all levels are to deal decisively with any form of security breach." The army chief said the activities of IPOB were gathering momentum and must be halted. He added, "The activities of the outlawed Indigenous People of Biafra (IPOB) and their splinter groups in the South-eastern part of the country is gaining momentum as the group is threatening to disrupt the 2019 electoral process. Their excesses must therefore be clamped down immediately." Buratai warned army officers and those expected to provide support to civil authorities during the election to desist from any form of inducement and avoid giving undue advantage to any group or political party. PDP, CUPP, ADC, ANN: It’s False Alarm The Peoples Democratic Party (PDP), the African Democratic

Congress (ADC) and the Alliance for New Nigeria (ANN) have described the allegation by the minister as false, adding that the spurious allegation would not stop the impending defeat of Buhari and his party in the coming elections. One of the spokespersons of the PDP, Mr. Kassim Afegbua, said that the moment a government surrenders to outsiders, it confirms the party’s position that the government has outlived its usefulness and become incompetent to manage the country’s collective aspirations. He added that the primary responsibility of any government as enshrined in the 1999 Constitution is the protection of lives and properties, stressing that once the government fails in such constitutional responsibility, it surrenders its moral responsibility to preside over the affairs of the nation. Afegbua stated: “When you hear the ruling party shouting like this, just know that it is what they are plotting to do; but because of our serious monitoring, they are unable to execute their nefarious plot. “We are happy that they are the underdogs in this election. And that also is indicative of the poor performance in the last four years. They will naturally be looking for lame excuses to justify their total defeat in next week's election. “Nigerians have made a loud statement, which has further been loudly echoed and stamped by the different socio-cultural groups that the Atiku presidency will help to build national cohesion and unity.” Afegbua added that the minister wants to divert attention away from what is about to happen to Buhari and APC in the coming elections with this nebulous claim following the endorsement of Atiku by the different groups nationwide, saying that Nigerians have become familiar with their pranks and propaganda. “It won't work in this election. President Buhari would be defeated next week and thereafter we will commence the process of reinventing a Nigerian nation with equal opportunities for all,” he added.

TOP GAINERS IKEJHOTELS REDSTAR MCNICHOLS CUTIX NIGBREW TOP LOSERS CHAMPBREW ACADEMYPRESS UNITYBANK

NGN NGN 0.15 1.65 0.50 5.50 0.03 0.39 0.10 1.90 3.90 77.90 NGN 0.18 1.62 0.04 0.41 0.08 0.82 FORTEOIL 2.50 27.00 ROYALEXCHANGE 0.02 0.28 HPE Nestle Nig Plc ₦1,440.00 Volume: 183.670 million shares Value: NN1.040 billion Deals: 2,909 As at Monday 4 /2/19 See details on Page 31

% 10 10 8.3 5.5 5.2 % 10 8.8 8.8 8.4 6.6

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NEWS

At N947bn, Nigeria’s Non-oil Revenue Drops By 17% No room for arbitrage in FX market, CBN insists James Emejo in Abuja and Nume Ekeghe in Lagos At a total of N946.90 billion, the federal government’s non-oil revenue was below the proportionate quarterly budget estimate of N1.401 trillion, the Central Bank of Nigeria (CBN) has disclosed. The CBN disclosed this in its Fourth Quarter Economic Report for 2018, posted on its website yesterday. This is coming as the apex bank yesterday insisted that there was no room for arbitrage opportunities in the foreign exchange (FX) market. The non-oil revenue was lower than the level in the preceding quarter by 17 per cent. The lower non-oil revenue relative to the proportionate quarterly budget estimate was due to the shortfalls in receipts from Federal Government Independent Revenue and Value Added Tax (VAT) in the review period. However, at N2.412 trillion, federally-collected revenue in the fourth quarter of 2018, was lower than the proportionate quarterly budget estimate of N3.321 trillion by 27.4 per cent. It also, fell below the receipts in the preceding quarter by 4.8 per cent. The decline in federallycollected revenue (gross) relative to the proportionate quarterly budget estimate was

attributed to the shortfall in receipts from both oil and non-oil revenue components during the review period. In addition, gross oil receipt, at N1.465 trillion or 60.7 per cent of the total revenue, was below the proportionate quarterly budget estimate by 23.7 per cent, but higher than receipts in the third quarter of 2018 by 5.1 per cent. “Despite the increase in crude oil price, oil revenue declined relative to the proportionate budget owing to shortfalls in crude oil production and exports, arising from maintenance at various NNPC terminals,” it added. Also, aggregate credit to the domestic economy, on quarter-on-quarter basis, rose by 4.5 per cent to N27.594 trillion at the end of December 2018, compared with the increase of 3.3 per cent at the end of the preceding quarter. The development reflected, wholly, the 41.5 per cent increase in net claims on the federal government. On quarter-on-quarter basis, banking system’s credit to the private sector fell by 1.1 per cent to N22.72 trillion at the end of December 2018, in contrast to the increase of 3.1 per cent at the end of the preceding quarter. The development was as a result of the 2.1 per cent decline in claims on core private sector.

CBN Governor, Godwin Emeﬁele Over the level at the end private sector and claims on of December 2017, banking state and local government, system’s credit to the private respectively. sector grew by two per cent, The report also showed compared with the three per that Nigeria’s crude oil cent growth at the end of production, including September 2018 condensates and natural This was due to the two gas liquids, averaged 1.86 per cent and 0.6 per cent mbd or 171.12 million barrels increase in claims on core (mb) during the review

quarter. This represented an increase of 2.2 per cent, compared with 1.82 mbd or 167.44 million barrels at the end of the third quarter of 2018. The estimated increase in production was attributed, largely, to gains from sustained partnership with government and stakeholders in the Niger-Delta region and the security measures put in place to forestall production disruption and losses through pipeline vandalism. “Crude oil export averaged 1.41 mbd or 129.7 mb, representing an increase of 2.9 per cent above 1.37 mbd or 126.0 mb in the preceding quarter. “Allocation of crude oil for domestic consumption was 0.45 mbd or 41.4 million barrels during the period under review. “The average spot price of Nigeria’s reference crude oil, the Bonny Light, fell to $69.89 per barrel in the fourth quarter 2018, from $76.50 per barrel in the preceding quarter. “This represented quarteron-quarter decrease of 8.6 per cent. The fall in oil price was attributed mainly, to supply glut in the global market, particularly rising US crude oil inventories,” the report added.

No Room for Arbitrage in FX Market, CBN Insists Meanwhile,

the

CBN

yesterday insisted that there was no room for arbitrage opportunities in the foreign exchange (FX) market. The bank also assured Nigerians that it would continue to act in the best interest of the country. In addition, the banking sector regulator reiterated that it remains focused on its core mandate of sustaining the stability in the foreign exchange (FX) market. The bank stated this in a statement, while reacting to a news report on alleged FX racketeering in the Bank, saying the allegation was unfounded. The statement explained: “The management of the CBN wishes to react to the report that faceless agents in Nigeria are exploiting the country’s multiple exchange rates to devastating effects and allegedly with the backing of regulators. “As most financial observers have noted, the FX rates across various markets governed and regulated by the CBN, have been converging, leaving no room for arbitrage opportunities in Nigeria’s FX market. “For avoidance of doubt, the CBN will continue to act in the best interest of Nigeria and shall ensure it remains focused on its core mandate of sustaining the stability in the FX market,” it added.

CCT ORDERS ONNOGHEN TO APPEAR FOR TRIAL FEBRUARY 13 (NJC). The adjournment of CCT was sequel to an oral application by counsel to the embattled CJN, Chief Adegboyega Awomolo (SAN). Onnoghen is yet to be arraigned on a six-count charge bordering on nondisclosure of his assets preferred against him by the federal government. The tribunal had last Friday fixed yesterday, February 4, for the arraignment of the chief justice as well as the hearing of all pending applications, shortly after the Court of Appeal in Abuja, dismissed Onnoghen's motion on notice, seeking a temporary stoppage of his trial at the tribunal, pending the determination of his suit challenging the jurisdiction of the tribunal. When the matter was called yesterday, the prosecution counsel, Mr. Aliyu Umar (SAN), informed the court that the matter was adjourned till yesterday for arraignment and hearing of two motions, one on preliminary objection to jurisdiction of the CCT and another one filed by the prosecution, asking for an order for the CJN to step

aside. However, defence team, led by Awomolo, drew the tribunal's attention to the fact that the same petition forwarded to the Code of Conduct Bureau by the Attorney General of the Federation (AGF) has been forwarded to the National Judicial Council (NJC). Awomolo said since the NJC has sent the same petitions to the defendant to reply within seven days, which will lapse on Wednesday (tomorrow), February 6, it is in the interest of justice to allow NJC take a decision before continuing with the proceedings at the tribunal. Prosecution counsel, however, said he was not opposed to the application for adjournment. In a short ruling, tribunal Chairman, Mr. Danladi Umar, adjourned the matter till February 13 for the arraignment of Onnoghen and the hearing of all pending applications. He, however, urged the defence team to ensure that the defendant physically appear in court at the next adjourned date, adding that

"plea must be taken before the defendant can raise any objection regarding the case." Earlier, there was a mild drama when emotions were let loose between Awomolo and Umar. Trouble started, when the CCT chairman interjected in the application for adjournment being moved by Awomolo. Awomolo in moving the application noted that his client could suffer double jeopardy, if the application was not granted. But interjecting, Umar insisted that the tribunal would go ahead with the preliminary objection brought by the defence challenging the jurisdiction of the tribunal. He said the approach of the defence counsel was tantamount to delay tactics in the hearing of the case. He said with the experience of Awomolo in the bar, he did not expect him to come up with such approach. Umar, accordingly, held that the matter would not be adjourned since the tribunal has assumed jurisdiction to hear the case. In a swift reaction Awomolo stood up in anger to take

exception to the remark of the chairman. He said that he has spent 25 years as Senior Advocate of Nigeria (SAN) and been in the bar for 45 years and cannot stand before the junior lawyers to be ridiculed and embarrassed by chairman of the tribunal. At this point, prosecution counsel, Aliyu Umar, urged the tribunal to stand down the matter for about 30 minutes to allow for calm. When the tribunal reconvened after 30 minutes, Awomolo apologised to the tribunal over the altercation, adding that he has high respect for the tribunal. Similarly, Aliyu Umar apologised on behalf of the bar, promising that such heated moment would not arise again while the matter lasts at the tribunal. Also, the second member of the tribunal, Williams Atedze, apologised on behalf of the tribunal, just as the CCT chairman conceded to the adjournment and adjourned the matter till February 13. Meanwhile, the Court of Appeal, Abuja, has adjourned till February 12, hearing in the three different appeals filed by the CJN.

When the matter came up yesterday, Chief Chris Uche (SAN), who led three other senior lawyers for Onnoghen, informed the appellate court of the decision by both the appellant and the respondent to have the three appeals heard together, so as to save the time of the court. Uche told the three-man panel of the appellate court that he had already written a letter to the presiding justice, Justice Abdul Aboki, dated January 30, praying the court to determine the three appeals together and that the federal government as a respondent agreed to the position. Counsel to the federal government, Oyin Koleoso, confirmed that the two parties have agreed that the three appeals be heard together. Justice Stephen Adah adjourned hearing in the matter till February 12, in view of the urgency of the matter.

was on to the grid while the other three are not. Azura had, however, in April 2018, announced the completion of its plant, indicating that all of its three turbines with a collective output of 450MW have been deployed in Nigeria’s national grid. Additionally four existing

plants – Sapele; AES; ASCO and Olorunsogo NIPP plants were shut down within the period of January 2019, while power supply in 12 out of the 31 days in the month were below 4,000MW unlike in December 2018 when it was below 4,000MW only two days. THISDAY gathered from

Senate Discontinues Case against Buhari, Lauds NJC In a related development, the Senate yesterday directed the discontinuation of its case before the Supreme Court

seeking judicial interpretation of the suspension of Onnoghen by Buhari. The latest move by the Senate, according to a statement issued by the Special Adviser to the Senate President on Media, Alhaji Yusuph Olaniyonu, followed the intervention of the NJC on the matter. The upper chamber of the National Assembly has decided to give the NJC intervention a chance, he said. “The Senate has, therefore, decided to discontinue the case it filed in the Supreme Court. It should be noted that the case has been slated for hearing tomorrow. "This decision also affirm the confidence of the Senate in the ability of the NJC to successfully and creditably resolve the issues,” the statement added The Senate had last Monday directed its lawyer, Mr. Kanu Agabi, SAN, a former Attorney General of the Federation and Minister of Justice to approach the apex court to seek its interpretation of whether the president acted within the provisions of the Constitution in his suspension of the CJN.

DESPITE GROWTH PROMISE, POWER SUPPLY AVERAGES 3,952MW by 1.241mmscfd. Fashola had promised that the nationwide power supply could get better with an additional 945MW of electricity expected to be added to the national grid before the end of 2018. The minister had while speaking at a business breakfast meeting of the

Nigeria-South Africa Chamber of Commerce in Lagos which was themed: ‘Power Sector and the Way Forward,’ said then that additional power would be generated to the national grid from the 450MW Azura Edo power plant; 215MW Kaduna power plant; 240MW Afam-V power plant; and

40MW Kashimbilla hydro plant, by the end of 2018. He had stated that the power sector had recorded successful improvements in its generation, transmission and distribution subsectors. But the January power supply data showed that only the 450MW-capacity Azura Edo power plant

the data that in January that the sector recorded a lot of water management issues, which according to experts, could have resulted from the gravity of water levels in the country’s hydro power plants, while other grid-related constraints also persisted during the month under review.

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NEWS

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

Buhari Admits Agencies Still Divert Govt Funds Omololu Ogunmade in Abuja President Muhammadu Buhari has admitted that despite the sustained campaign by his government against corruption, some agencies of the government still engage in corrupt practices. The president, who made this disclosure yesterday in the State

House while swearing in the chairman and members of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), said such agencies of the federal government either divert government funds or fail to give full account of the revenues they generate. He tasked the newly-

PDP Condemns Endorsement of Buhari By Ex-Generals Accuses INEC of approving list of ad-hoc staff from APC INEC: We cannot be distracted with baseless allegation Adedayo Akinwale in Abuja The Peoples Democratic Party (PDP) has condemned the purported endorsement of President Muhammadu Buhari for second term by military generals, describing it as names dropping. The main opposition party also accused the Independent National Electoral Commission (INEC) of approving the list of ad-hoc staff submitted by the governors and party leaders of the All Progressives Congress (APC) with the aim of rigging the elections. But in a swift reaction, the electoral body said for the past 20 years, especially since 2010 and particularly from 2015, it has introduced many innovations to improve the electoral system, stressing that one of such innovations was to ensure that no member of any political party is engaged to participate in the conduct of elections. The ex-generals were said to have been led by former military administrator of Lagos state, Brig. Gen. Buba Marwa (rtd) to the presidential villa yesterday. They included 13 Major Generals; eight Air Vice Marshals; two Rear Admirals; 12 BrigadierGenerals; nine Air Commodores; eight Commodores and 17 former military administrators. PDP’s Director of Media and Publicity, Mr. Kola Ologbondiyan, while addressing a press conference yesterday in Abuja, said the endorsement was to create an aura that does not exist around Buhari. He said, “we consider this endorsement as names dropping; just to create an aura that does not exist around President Buhari. Young officers are being killed and no general has spoken on how to curb the insurgency and banditry. “Is it now that Nigerians are tired of the governance style of President Buhari that some acclaimed Generals will be endorsing him? When bandits are taking over Zamfara State and even Katsina the home state of Buhari? The PDP does not believe any General worth his salt will do that.” Caleb Olubolade, a retired Navy Captain and Minister of Police Affairs under former President Goodluck Jonathan, was among the retired military officers who endorsed the president for another four years in office. Marwa said if Buhari had failed in his duties, they would not have endorsed him.

Asked if the endorsement was out of fear, Marwa said: “Absolutely not.” The most senior of the retired officers, Jubrila Ayinla, a Vice Admiral and former Chief of Naval Staff, said future generations would acquit President Buhari. “On behalf of the generals here today, I congratulate you on the tremendous work done by this administration, and wish to state unequivocally that we are proud of you and fully behind you in the presidential elections next week. We pledge our full support and continued loyalty,” he said. Meanwhile, the main opposition party also accused the Independent National Electoral Commission (INEC) of approving the list of ad-hoc staff submitted by the governors and party leaders of the APC with the aim of rigging the elections. The party alleged that INEC has been taking directives from the Presidency and the APC on how to manipulate the electoral process at various levels. He said PDP was already privy to how the lists were populated with APC members and agents of the APC candidates, after clearance by the APC leaders in various states. He added, “To this end, INEC has collected a list of people that will serve as electoral officials, including ad-hoc staff and returning officers at the polling units, from APC state governors and candidates, across the federation, on the directives of the Buhari presidency. “The PDP holds that by following the directive of the APC in such dubious rigging scheme, the INEC Chairman, Prof. Yakubu Mahmood, has violated section 29 (1) of the Electoral Act (as amended) and shows that he is in clear deficit of the required political will to conduct a credible, free and fair election. “This is especially in the light of the boasting by agents of the Buhari presidency and the APC to give the INEC Chairman what they describe as the Onnoghen treatment, and frame him, if he fails to comply with their rigging plans. “In the light of the foregoing, the PDP demands that INEC, within the next 48 hours, publish the list of all officials and ad-hoc staff that will play any form of role in the election at all levels for verification by stakeholders.”

constituted board led by Prof. Bolaji Owasanoye to support the federal government in the effort to bring perpetrators of such crimes to book through the enforcement of anti-corruption laws and equally evolve policies aimed at preventing revenue leakage and diversion. The president also admonished the commission to cooperate with other agencies of the federal government such as the Office of the AuditorGeneral of the Federation with a view to whittling down the forces of corruption. “As I have noted in recent times, despite our anticorruption drive, some agencies of government still divert or refuse to fully account for revenue generated. Rather than obey constitutional provisions and extant rules and regulations, such agencies continue as if nothing has changed. “We are determined to ensure that every agency of government account for public revenue generated or expended.

I am looking forward to ICPC’s support both for enforcement of anti-corruption laws and submission of policy measures and directives to prevent revenue leakage and diversion. “In this regard, I urge you to collaborate with other government agencies such as the Office of the AuditorGeneral of the Federation towards mitigating wrongdoing in public expenditure. Furthermore, I look forward to receiving anti-corruption recommendations linked to e-Government standards and principles”, the President urged. Buhari described abuse of office for private benefits as well as the circumvention of public policies and processes for profit motive and competitive advantage as the worst form of corruption. The president also alleged that those who are aggrieved by the war against corruption often berate him because of the focus, determination and single mindedness of his government

on anti-graft war. According to the president, the fight against corruption is crucial to national development, pointing out that the menace had done grave damage to the development of this country. He added, “The fight against corruption is very crucial in our national development. This is why I have often said – if we do not kill corruption, corruption will kill Nigeria. We are all witnesses to the damage that unbridled corruption has inflicted on our development aspirations. Apart from deliberate and wanton looting of our national wealth and common patrimony, corruption has eroded our values and ethical foundation as a nation. “Corruption has negatively affected our political, economic and social life. Those opposed to our fight against corruption berate us for our focus, determination and single mindedness. They pretend that they do not know what corruption is. But Nigerians

know what corruption is. Ordinary people know what corruption is and they support our effort and determination to fight it. “The abuse of public office for private gain represents corruption in its worst form. The circumvention of public policies and processes for competitive advantage and profit is another form of corruption. “The abuse of public office for personal benefit even if no bribery occurs is also corruption. The diversion of State revenue or miss-application of budgeted funds falls into the same category.” The president further said he was glad that the ICPC Act under, which the new board would operate was rich enough to assist the federal government in salvaging the public sector of corruption, public procurement, diversion of public revenue and deliberate misuse of public

Continued on page 37

SIGNED AND SEALED…

L-R: Minister Counselor/ Head of Co-operation, European Union Delegation to Nigeria, and ECOWAS, Mr. Kurt Cornelis; Senior Director, African Development Bank, Mr. Ebrima Faal; and President ECOWAS Commission, Dr. Jean Claude; during the singing of grant agreement between ECOWAS and African Development Bank in Abuja... yesterday

ICRC Expresses Concern over Worsening Humanitarian Crisis in North-east Michael Olugbode in Maiduguri The International Committee of the Red Cross (ICRC) yesterday said it is worried by the spate of insecurity and worsening humanitarian situation in North-east region. The ICRC in a statement reported that 55,000 people have been displaced in the last two months, with over 30,000 of them arriving in Maiduguri, the Borno State capital, to compound the humanitarian crisis in the town.

The statement said Maiduguri already hosts more than one million Internally Displaced Persons (IDPs) in 14 camps as well as host communities, and because the existing camps cannot cope with the sudden influx, the authorities are in the process of opening a new IDP camp. The statement said in order to address the latest humanitarian crisis, ICRC has launched an emergency response in Maiduguri in coordination with

other humanitarian actors and the authorities. Also, the building of temporary shelters for 1,500 households is under way, and the distribution of essential household items and a one-off cash support for all new arrivals, scattered in the various IDP camps, have started. The head of ICRC office in Maiduguri, Markus Dolder, was quoted to have lamented that: “Thousands of families caught in between the fighting had to

flee for their lives. Parents with their children, taking the little they could, escaped into the bush and slept in the open air. “Some managed to reach camps-where they can receive some assistance, but what about others?” Dolder equally said: “We are extremely concerned by the worsening humanitarian situation in the region. Civilians should be spared by all parties to the conflict, as per international humanitarian law.”

It’s Painful Testifying against Fayose, Says Obanikoro Davidson Iriekpen The N2.2 billion fraud trial of the immediate past Ekiti State Governor, Mr Ayodele Fayose, resumed yesterday with his former ally and former Minister of State for Defence, Musiliu Obanikoro, testifying against him. However, while being cross-

examined by the second defence counsel, Mr. Olalekan Ojo (SAN), Obanikoro told the court that he was testifying against Fayose reluctantly, noting that they enjoyed a good relationship while they were both members of the Peoples Democratic Party (PDP). Obanikoro had since defected from the PDP to the ruling All Progressives Congress (APC),

while Fayose remains a member of the PDP. In court yesterday, Obanikoro said despite testifying against Fayose, he wouldn’t want their relationship to be destroyed. At a point in the course of being grilled by the defence counsel, Obanikoro burst out, “I’m trying to restrain myself from saying things that will

further damage our relationship!” But pushing him further, the defence counsel, Ojo, asked, “So, will it be correct to say that you are giving evidence in this case reluctantly?” Answering, Obanikoro said, “It’s painful for me to give evidence against him (Fayose); no doubt about it. It is indeed very painful.”

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T H I S D AY ˾ ˜ ͳ˜ 2019

COMMENT

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

NUANCES OF OSINBAJO’S WHISTLE STOPS

Osinbajo is working to justify his continuing choice as vice-presidential candidate, writes Sufuyan Ojeifo

he nuance of Professor Yemi Osinbajo’s electrifying whistlestop tours of the South-West geo-political zone and pockets of towns in some of the other zones, since the commencement of electioneering for the February 16 presidential poll, has raised the stakes in the battle for massive votes, especially in Yoruba land. The vice president had already covered so much ground and was extending his tentacles to the Yoruba-speaking area of Kogi State last Saturday, when the helicopter carrying him and his ten-man team crash-landed in Kabba. But gratefully to God, none of them was hurt in the accident. Osinbajo’s grassroots campaigns in the South-West with about 16 million registered voters, which is next to North-West with the highest registered voter population of about 18 million, have been very effective. The strategic electioneering had been designed to lock-in the maximum possible votes in the zone for the APC presidential ticket. The calculation is that once done and the party’s presidential candidate, Muhammadu Buhari, who is from the North-West, is able to reenact his traditional mojo in the zone that had, in the past, culminated in vote hauls, the opposition Peoples Democratic Party (PDP) candidate, Alhaji Atiku Abubakar, will have to work hard in the remaining four zones to cancel out the possible wide margins of lead in the South-West and North-West zones. It is, however, instructive that both zones (South-West and North-West) account for about 34 million of the estimated 82 million registered voter population, leaving the remaining four geo-political zones with a total of 48 million registered voters. While Atiku’s North-East has about 11 million registered voter population, there are about 10 million registered voters in the South-East, the home base of his running mate, Mr. Peter Obi. These scenarios leave open for intense battle the North-Central and South-South geo-political zones with 13 million and 12 million registered voters respectively. The cumulative voter figure of 34 million in both South-West and North-West is quite huge when compared to 21 million that is cumulatively in the kitties of Atiku’s North-East and Obi’s South-East. North-Central and South-South zones cumulatively custody 26 million registered voters which, to simplistically put it, can be deployed in making up and doing the much-needed balancing by the Atiku/Obi presidential ticket, assuming that the ticket is firmly in control of the zones. But from all indications, the presidential poll will be down to the wire. Reports by different pollsters indicate that Buhari and Atiku will run neck-and-neck to the finish line by the time all the returns are made. However, a winner is expected, by the prevailing permutations and projections, to emerge by a margin that is possibly not significant. The point is that whoever is going to win the presidential election cannot afford to lose by very wide margins in both the South-West and North-West zones. This is the reason pressure is on the two frontline candidates to either widen the margin of victory or constrict it. Buhari and Osinbajo are working round the clock to ensure that the margin is widened in the South-West and North-West zones while Atiku/Obi are strategising towards constricting the margin, knowing fully that the votes in their respective zones cannot mitigate the damage that South-West and North-West votes for Buhari/Osibanjo ticket would cause assuming the ticket gets the bloc votes of the two zones. The endorsement of the Atiku presidential candidature by leaders of Ohaneze Ndigbo, the Middle Belt Forum, Pan Niger Delta Forum, a section of Afenifere and Northern Leaders’ Forum, in Abuja, last Sunday, barely twenty four hours after the ill-fated crash landing of Osinbajo’s chopper in Kabba, is thus expected to conduce to swinging more countrywide votes for the Atiku/Obi ticket. Developments such as this and others will combine to alter political calculations, permutations and

REPORTS BY DIFFERENT POLLSTERS INDICATE THAT BUHARI AND ATIKU WILL RUN NECK-ANDNECK TO THE FINISH LINE BY THE TIME ALL THE RETURNS ARE MADE

reasonable expectations ahead of and during the presidential election. Although bookmakers favour the Buhari/Osinbajo ticket to win the majority votes in both zones, if it cannot run away with 75 per cent to 25 percent, it could as well kiss victory in the poll goodbye because Atiku/Obi ticket is poised to lock in the majority of the votes in southeast and south-south zones by as wide a margin as 80 per cent to 20 per cent. Both tickets are expected to run neck-and-neck in the northeast and north central zones. In 2015, Buhari won in all the North-West states by very wide margins while in the South-West states, he won in the five states of Lagos, Oyo, Ogun, Ondo and Osun with slim margins, losing only in Ekiti to Jonathan where he scored about 120,000 votes to about 179,000 votes recorded by Jonathan. By the time votes from other zones canceled out one another and the dusts finally settled, Buhari had won by scoring about 15 million votes to about 12 million votes scored by Jonathan. So, if anyone did not quite understand Osinbajo’s strategic grassroots tour of the South-West states, the fluid shapes, forms and textures of the forthcoming presidential election, to be sure, provide a context for explication: this is not a battle between APC’s Buhari and a southern candidate on the PDP platform. It is different from the 2015 scenario. Both frontline presidential candidates are northerners, Muslims and Fulani. The APC cannot afford to take things for granted, especially in the South-West zone. But while Buhari is understandably counting on his cult-like following in the North-West to deliver the zone emphatically to the APC, the vice president is doing everything possible not only to deliver South-West zone to the APC presidential ticket but also to garner massive votes that will make its win emphatic. Osinbajo’s exertions in the final homestretch to the presidential election must be appreciated for what they are: occasions to touch base with the people who voted for the APC presidential ticket in 2015; opportunities to deepen the conversations and engagements with the people, many of whose lives have been somewhat positively impacted with tradermoni, marketmoni programmes, which Osinbajo drives on behalf of the administration; the N-Power and the rice farmers’ anchor borrower scheme of the administration, et al; and, chances to appeal to their sensibilities in the quest of the administration for mandate renewal. Just like the superintending APC Presidential Campaign Organisation that has been electrifying in its campaigns – which have, of course, been laced with and contoured by dramatic incidents – the Osinbajo campaigns that are reinforcing the main presidential campaigns have been smooth and luminous until the crash land on Saturday, February 2, in Kabba by the chopper in which he arrived the North-Central Yoruba-speaking town in continuation of his next level engagements with and mobilisation of the people. It is remarkable that Osinbajo is putting in everything into the campaigns for the re-election of the APC presidential ticket. He must necessarily commit himself to the power-retention process to justify a sense of entitlement to the vice-presidential position on his personal merit, performance, reputation and delivery and not on the back or recommendations of some godfathers who position themselves in self-acclaimed superintendence over the vortex of presidential power calculus. This time round, Osinbajo is working in concert with, over, within and around the power caucus or caucuses to determine and justify his continuing choice as vice-presidential candidate in his own right. If he plays his cards well, it may just be that he is actually working for his unanimous endorsement by the North as a natural successor to Buhari in 2023, if the ticket wins in 2019. Ojeifo sent this piece via ojwonderngr@yahoo.com

DELTA AND THE PEOPLE’S GENERAL

Zik Zulu Okafor writes that the APC governorship candidate, Great Ogboru, has good chances

n Thursday, January 17, 2019, the All Progressives Congress, (APC) in Delta State literally told the Delta State government that it was time to pack and go. That was the day that President Muhammadu Buhari zoomed into Warri township stadium for his Presidential campaign and to flag off the governorship campaign of the APC popular and highly revered candidate, Olorogun Great Ogboru. Apart from the undisputed fact that the stadium was filled to the brim, over 20,000 fanatical supporters stood outside the stadium screaming, “General, General”, referring to Ogboru who is fondly called The People’s General by his fierce supporters. As President Buhari handed the flag of honour to further authenticate Ogboru’s candidacy, the stadium exploded, singing almost in harmony a tune that says , “ This time, this time, wayo no dey.. if you want to rig election, rig am make we see..”, a resolve that this time, they would resist every attempt of their opponents to rig the election. The stadium quaked, people practically convulsed with ecstasy as they sang and danced. From Ijaw, Urhobo, Aniocha, Oshimili to Ika and Ndokwa, to this stadium, this place of hope, this place they called the gathering of a New Delta,

here was a confluence of spirit and audacious faith; people jumped, danced and praised God, for a new dawn, a new unity, and a new bounce and gusto. Issues of rotation, tribe, and religion were buried in a bottomless tomb. All that the jubilant gathering wanted was a Great Ogboru victory to assure a new life in Delta State. “It was stunning”, said Tino Egbejule, a core member of Ogboru’s Think-Tank and Strategy Directorate. “I have never seen a gathering like this in this state. I can tell you now that the choice is clear. Deltans want Ogboru”, he stated. For the plodding, diligent, bound and determined Secretary of the APC Campaign Council, a working person’s person, Peter Omaruaye, “the gathering, the passion, the joy I see in the crowd are clear indication that Deltans desperately need a change of government. It is a yellow card to PDP, a warning to start packing their belonging because the red card will follow on Saturday, March 2, 2019”. Laughing, he adds, “I am already making some special dresses for the celebration on May 29, when ‘General’ will be sworn in as Governor and all our Senators and State Assembly members will follow”. The panic triggered by the massive rally has allegedly led PDP to start some diabolical moves to destabilize the APC and subdue the buoyant

spirit of the members. But so far, these moves have yielded no fruits as underscored by the staggering turn-outs at APC rallies in Asaba, Iselle-Ukwu, Okpanam and Agbor, all in the Delta North Senatorial District, areas that the PDP has launched a deafening tribal sentiment- laden campaign using zoning as a camouflage. The turn-out in these Anioma people’s domains is simply a terse, crystal message to Governor Ifeanyi Okowa and his PDP harbingers of zoning that their blinkered, small-town mantra and mindset have lost both cogency and potency. And even the PDP boneheads seemed to have realized the zoning fiasco. Now they are trying to use APC members against APC. The recent simple pronouncement of the Appeal Court on Thursday, January 25, is an acute example of their fatal desperation. The appeal filed by the APC through their lawyer, Chief Adeniyi Akintola, SAN, was against the decision of a Federal High Court in Asaba presided over by the Honourable Justice T.B. Adegoke on November 1, 2018 over procedure to be adopted by the trial court. The Appeal Court dismissed the appeal on the ground that the appellants failed to seek leave of the court before appealing and so declared that the order made by the High court remains valid. The parties were therefore to go back and continue with the trial of the substantive case

before Hon. Justice T.B. Adegoke. This simple judgement is what the PDP is now clinging to and sponsoring some Delta State APC members of a tame and transient faction to misrepresent it on the media to cause confusion among the good people of Delta State who from all indication and attestation are ready to send the PDP packing with their votes. But even this lamentable quest is not working. What the PDP seems not to know or perhaps are living in denial about is the inalterable fact that they will perpetually contend with the public persona of Ogboru, his unimpeachable character, iron-cast integrity, astounding popularity and above all the crass inhumane and fiendish injustice meted out to him through re-writing of election results and denying him of electoral victory. As the late Nigerian icon of journalism, Dele Giwa puts it in his seminal piece, Son of a Dog, “Any evil done by man to his fellow man will be avenged; if not now, then later; if not by man, then by God, for the victory of evil over good is but temporary”. Indeed the signs now loom. The omen for the PDP is gloom. And March 2, 2019 is the day of red card for their government to vacate the Government House in Asaba. Okafor, Media Director, Delta State APC Campaign Council, Wrote from Warri

T H I S D AY TUESDAY, FEBRUARY 5, 2019

EDITORIAL Criminalising Estimated Billing System The Senate should ensure speedy passage of the bill

ne of the major grouses of those opposed to the tariff structure recently introduced in the power sector is that most Nigerians are billed for what they do not consume. Last week, the House of Representatives initiated the process to correct that by passing the Electricity Power Reform Act (amendment) Bill 2018 which prohibits and criminalises estimated billing. The proposed law, which will be transmitted to the Senate for concurrence, and onward transmission to the President for his assent, compels all electricity distribution companies to give prepaid meters to applicants within 30 days. Although we do not believe the proposed punishment of one-year jail term and a ﬁne of N1 million will serve as enough deterrence, we urge the Senate to ensure the speedy passage of the bill. The House Majority Leader, Hon Femi Gbajabiamila who sponsored the bill, argued TODAY, CONSUMERS that estimated billing ARE PAYING MORE AND should only be used GETTING LESS ELECTRIC by the electricity disPOWER. ALL THAT THEY tribution companies (Discos) in situations ARE ASKING FOR IS where a consumer’s THAT THE PROCESS meter could not OF BILLING SHOULD be accessed by the BE MEASURED AND service provider. “Any regulation that TRANSPARENT allows estimation of bills when the actual consumption can be ascertained is against natural justice and equity and should not stand,” Gbajabiamila said. This poignantly reﬂects the mood of most Nigerians. For several years across the nation, there has been a chorus of protests over exploitative billing by the Discos. Many homes that are barely supplied power once a week are charged around N15,000 or more a month, in a billing that is not cost effective. In some cases, the difference in charges can be as high as 500 per cent within a short time, even when there is little

Letters to the Editor

or no improvement in power supply. Majority of those affected by this exploitation are those without pre-paid meters as their billing come in form of estimation. So pervasive is the situation that the Abuja Electricity Distribution Company (AEDC) was once ordered by Nigeria Electricity Regulatory Commission (NERC) to refund some money to some consumers who were excessively billed. Yet, the regulatory commission is not well disposed towards the new bill, arguing that a regulation on estimated billing is already in existence, and that another law may lead to chaos in the industry. But NERC’s estimated billing methodology guidelines to the Discos are often observed in the breach while the commission has not been able to deal with the problem. This perhaps explains why the number of Nigerians waiting to be metered is high.

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

ccording to available reports, the present demand for pre-paid meters is in excess of four million. Local manufacturers of meters seem ready for the growing demand as many consumers are ready to buy. But the Discos seem to be in no hurry to provide them. They play down the Meter Asset Provider regulation which expects them to address the metering gap by claiming financial incapacity. However, many have countered that the Discos are deliberate in their fitful supply of meters, even to those who want to buy - which indeed could encourage conservation of energy - because the “crazy” estimation system provides them easier means of recouping their investments. Meanwhile, recouping investments will be largely impossible in the face of the instability in the power sector. When in November 2013 the electricity distribution and power generation companies were handed over to some private operators at an elaborate ceremony, the hope was that daily blackouts and power outages would be reduced to the barest minimum, until they were gradually eased out. But it is now apparent that those hopes were largely misplaced. Today, consumers are paying more and getting less electric power. All that they are asking for is that the process of billing should be measured, transparent and efficient. That’s why we are in support of the bill.

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

LAGOS,TAXATION AND ECONOMIC DEVELOPMENT

everal years ago, the 4th President of the United States of America, James Madison said that the power of taxing people and their property is essential to the very existence of government. Similarly, Franklin D. Roosevelt, the only US President to serve three terms also underscored the importance of tax when he asserted that: “Taxes, after all, are dues that we pay for the privileges of membership in an organized society.” Roosevelt relied on taxes, particularly from rich taxpayers, to fund programmes designed to pull the country out of the Great Depression. The various New Deal revenue acts in the mid-1930s substantially boosted the tax burden on the wealthy, raising the effective income tax rate on the top 1% from 6.8% in 1932 to 15.7% in 1937. Scholars of development economics have shed a sea of ink on the issue of taxation and its import to economic development. Amidst the penumbrae of arguments, the central tendency is that taxation is the price people pay for government services. Most often, because of the inherent tendency of people to resist payment of tax for essential services, taxes are compulsory payments individuals make to government. The element of coercion is justifiable in that legitimate government activities can hardly be carried out without fiscal resources. These activities include defence, protection of life, property and individual liberty - which are fundamental rights enshrined in the Nigerian constitution. Irrespective of the school of thought one belongs, one is doubtless bound to contribute a certain portion of his income to government for the provision of essential social services. Similarly, it is the duty of government to apply such monies in the most efficient way

to improve the living standards of the people. Since the return of democratic dispensation in 1999, successive administrations in Lagos State have had to contend with the knotty issue of attempting to boost the state Internally Generated Revenue (IGR) through the implementation of a viable and sustainable tax system. With about N600 million in 1999, when Asiwaju Bola Tinubu took over, the IGR rose to between N10 billion and N11 billion by 2007 when he left office. With continuing reforms in the internal revenue system, aggressive tax drive, capacity building and professionalism of the Lagos Internal Revenue Service (LIRS), the IGR of the state had by 2015 when Mr. Babatunde Fashola (SAN) left office, risen to about N23 billion monthly. What has been the secret of Lagos’s economic growth under the current administration is a revenue enhancement reform which has achieved higher IGR and providing a sustainable financial base for bridging the huge infrastructure deficit estimated at over US$50bn. Implementation of financial policy such as widening of the state tax net, expansion of tax base, updating/upgrading of database, improvement of administrative processes and operational efficiencies, among others has so far achieved an average monthly IGR of N34billion in 2018 compared to monthly averages of the last three years. In could be recalled that in just two and half years, the Lagos Government constructed Abule Egba and Ajah Bridges among several other capital projects. There is vast empirical evidence that taxation correlates highly with economic growth in addition to some spill-over effect on effective

service delivery. Lagos is a good example for research work in this direction. At the global level, no economy in history has ever achieved high per capital growth without a sustainable tax system. In fact the advanced capitalist economies depend heavily on taxation in running their economies. In Europe, U.S.A. and Latin America, tax evasion is a punishable offence without the option of fine. The global economic power of Japan is Personal Income Tax. Taxes available to state governments to collect from the citizens across the country include: Personal Income Tax in form of Pay-AsYou-Earn(PAYE) or Direct Taxation (Self-Assessment), withholding Tax (Individuals Only), Capital Gains Tax (Individuals Only), Stamp Duties on instrument executed by individuals, Poola betting, lotteries gaming and casino taxes, road taxes, business premises registration fee in respect of urban and rural areas which includes registration fees and per annum for the renewals as fixed by each state, development levy (individuals only) not more than 100 per annum on all taxable individuals and naming of street registration fees in the state capital. Other classification of taxes are: Right of Occupancy fees on lands owned by the state government in urban areas of the state, market taxes and levies where state finance is involved, land use charge, where applicable, entertainment tax, where applicable, environmental (ecological) fee or levy, hotel, restaurant or event centre consumption tax, where applicable, signage and mobile advertisement, jointly collected by the state and local government, among others. Rasak Musbau, Lagos State Ministry of Information and Strategy, Alausa, Ikeja

5 ) * 4 % ": t TUESDAY, FEBRUARY 5, 2019

T H I S D AY ˾ TUESDAY FEBRUARY 5, 2019

POLITICS

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

PRESIDENTIAL PODIUM

Will He Be Lucky This Time? Adedayo Akinwale

he presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, was born on November 25, 1946. He served in the Nigeria Customs Service for 20 years rising to the rank of Deputy Director, the then second highest position. He retired in April 1989 and went into full-time business and politics. In 1999, PDP’s presidential candidate, Chief Olusegun Obasanjo chose him as running mate whilst Atiku was the governor-elect of Adamawa State. He went on to serve as Vice President of Nigeria from 1999 to 2007. However, having bid unsuccessfully for the flag at two previous times, the February 16, 2019 seems to be his brightest chance to fulfil his lifelong political ambition. Atiku has been trying to be president as far back as 1992 during the botched Third Republic. He contested the presidential primary of the Social Democratic Party (SDP) and came third in the primary behind late Chief Moshood Abiola. On November 25, 2006, Atiku announced that he would run for president, and on December 20, 2006, he was chosen as the presidential candidate of the Action Congress (AC). The Independent National Electoral Commission (INEC) on March 14, 2007, released the final list of 24 aspirants for the April 21 presidential election. Atiku’s name was missing from the ballot. The Supreme Court unanimously ruled on April 16 that INEC had no power to disqualify candidates. The ruling, therefore, allowed Atiku to contest the election. Official results revealed that Atiku came third with 2.8 million votes behind PDP candidate, Umaru Yar’Adua, and All Nigeria Peoples Party (ANPP) candidate, Gen. Muhammadu Buhari. In January 2011, Atiku contested for the Presidential ticket of his party alongside President Goodluck Jonathan and Sarah Jibril, and lost the primary, garnering 805 votes to President Jonathan’s 3,542. In 2015, Atiku gave a shot at the Number One position by contesting the presidential primary of the All Progressives Congress (APC). The incumbent President, Muhammadu Buhari, polled 3,430 votes, Kwankwaso came second scoring 974 votes, while Atiku came third with 954 votes. Atiku’s Plan To Get Nigeria Working Again Agriculture In pursuit of a policy of diversification, we shall support the development of a commercially-driven, technology-proficient agriculture which ensures food security and interfaces with manufacturing sector for the supply of raw materials. Agriculture will develop into a modern, productive and competitive venture with high job-creating and poverty reduction capacity. We would increase agricultural output from the current level of N23.85 trillion to about N40 trillion by 2025. This would imply an annual growth in agricultural sector from 4.11% to 10% between 2019 and 2025. The major policy initiatives for improving productivity in the agricultural sector will include the following: Collaborate with the States in the design and implementation of robust and sustainable land reforms which will, among others, simplify and strengthen titling and land transfer processes with a view to encouraging commercial farming. Accordingly, we shall strengthen the Presidential Committee on Land Reform and ensure the re-launch of the Systematic Land Titling Registration Programme across the country. Also, we will strengthen the markets for agricultural commodities through the establishment of private sector-led commodities exchanges around the major crop production regions of Nigeria. Economy

Abubakar Growth is slow and uninspiring: Nigeria is continuing its path of lacklustre performance even after exiting the 2017 recession occasioned by the precipitous fall in international commodity prices. The response to our economic development challenges will not come automatically, but will have to be achieved by deliberate efforts to design and implement coherent and comprehensive strategy and policy. Our Economic Development Agenda seeks to create a sound, stable and globally competitive economy that is diversified with a mix of output from a ‘technologically- enabled agriculture’, a ‘vibrant and globally competitive manufacturing sector’ and a modern services sector. The economy will be supported by adequate and efficient economic infrastructure as well as investments

Response to our economic development challenges will not come automatically, but will have to be achieved by deliberate efforts to design and implement coherent and comprehensive strategy and policy. Our economic development agenda seeks to create a sound, stable and globally competitive economy that is diversiﬁed with a mix of output from a ‘technologically- enabled agriculture’, a ‘vibrant and globally competitive manufacturing sector’ and a modern services sector

in the New Economy. With regards to fiscal resources, we recognize the imperative to broaden Nigeria’s resource horizon, maintain spending efficiency and reform internal revenue generating machinery. Economic growth is envisaged to be all inclusive, accompanied by increased employment and reduced poverty levels as well as a greatly enlarged and much more effective system of education, training and health. Infrastructure Development Nigeria’s supply of infrastructure remains grossly inadequate making businesses uncompetitive, narrowing economic and entrepreneurial opportunities and stunting enterprise growth. The country’s core Infrastructure stock is estimated at between 35-40% of GDP, which is significantly below the International benchmark of 70%. Nigeria therefore needs to spend approximately USD35 billion annually to meet its requirements. In view of this, our administration will undertake the following: Establish an “Infrastructure Development Unit” [IDU] in the Presidency, with a coordinating function and a specific mandate of the supply of efficient transportation infrastructure, including roads and rail transportation, improves the levels of productivity, enhances the competitiveness of enterprises and generally supports business creation and growth. The scaling up of transportation spending, through construction and operation of infrastructure projects, equally creates jobs and is, therefore, essential for driving domestic productivity and GDP. Education Our reforms in the education sector shall focus on four pillars. (1) Streamlining of functions and transfer of responsibilities for greater efficiency: The current division of responsibility between the state and federal government and a multiplicity of institutions is chaotic and often unclear with overlapping functions. By 2024, responsibility for funding and control of public primary education shall be transferred to the local governments.

Senior secondary and tertiary education, provided through universities, polytechnics, mono-technics, and colleges of education (CoEs) will be under the jurisdiction of state governments. Under the proposed arrangements, the state governments will assume responsibility for all the federal unity schools, and Federal Ministry of Education-owned and funded universities, polytechnics, technical colleges, and the colleges of education located in their respective areas. States will be encouraged to set up Regional Common Services Agencies for the joint running of those institutions transferred to them by the federal government under the new arrangement. Health Our policy thrust will be all embracing and targeted towards a preventive care strategy by creating a clean environment, modernizing living conditions, carrying out enlightenment campaigns on healthy living, and supporting with curative care through the provision of state-of-the-art healthcare facilities in hospitals and in rural clinics. We shall also ensure universal access to basic maternal and child health, reproductive health, immunization and mental health as well as effective therapies for the control of Non-Communicable Diseases (NCD) like diabetes, heart diseases, lung diseases, renal dialysis, and cancer. Security Our objective is to contain the current challenges of security in Nigeria through the deployment of good governance, visionary leadership and politics of inclusiveness that will reduce citizens’ frustration and alienation and eliminate the compulsion to take up arms against the society or fellow countrymen. Our priority will be to restore the citizens’ confidence in Nigeria as one indivisible, indissoluble, ethnically diverse but strong country to protect them and secure socio-economic benefits.

T H I S D AY ˾TUESDAY FEBRUARY 5, 2019

STATE OF THE POLITY

In Imo, Every Contender is Set to Go All the Way Amby Uneze writes that frontline governorship contenders in Imo state are employing every known gimmick to outwit one another

Araraume

Ezeh

Ihedioha

Nwosu

Uzodinma

Ohakim

Nwulu

relatively unknown party – AA. However, with the help of the governor and others who lost out in the APC power game, Nwosu may record a surprise in the 2019 Imo State governorship election. Uche Nwosu has the backing of the youths, as well as, the full support of the incumbent governor who is pushing his candidacy. Another advantage is the financial muscle, which is coming from the Imo treasury that has been reserved to prosecute the election. However, he is relatively inexperienced and believes in the support of his father in-law to make an impact. The hardship that the people of Imo State had been subjected all these years by his sponsor would work against him. Imolites have had enough of Okorocha and his surrogates. It would be difficult for another man from Orlu zone to become governor of Imo state.

Ohakim has won several awards in recognition of his service to humanity. In 1998, he was listed in THISDAY’s 50 Leaders Nigeria Needs. He was one of Vanguard’s 30 Notable Young Corporate Leaders of the Future in 2000. On February 13, 2018, during a well-attended programme at the Protea Hotel Owerri, Ohakim was recognised by the Catholic Church with a Distinguished Personality award. He is a prize winner of the Nigerian Institute of Management (NIM) young managers’ competition with the thoroughly researched paper titled, ‘Segmenting the Industrial Market – A Strategic Option for Survival’ in 1987. Ohakim is banking on his experience and exposure as a former governor of the state and one who knows where to start if he wins the governorship. As a technocrat, he has articulated his recovery programme on his four cardinal policies enunciated in the 4Rs of Reconstruction, Rehabilitation, Reconciliation and Recovery. The former governor is struggling to market his new party, the Accord Party. He seems to be facing some difficulties in convincing the already enlightened people of the state.

Hope Uzodinma is seen by his admirers as the most courageous, capable, experienced, compassionate and easy going politician. His courage to take-back the APC from the hands of Okorocha is an added advantage. Uzodinma has his own share of weaknesses. His most glaring disadvantage, apart from being abandoned by the governor and his lieutenants, is the fact that he comes from the same Orlu zone that had produced Udenwa and Okorocha in the past 16 years.

he forthcoming governorship election in Imo state is an interesting one considering the number of candidates and the seriousness every candidate attaches to it. In previous elections, once the election draws near some of the candidates from unpopular parties would fuse into the mainstream of the popular parties knowing that their chances were very slim. But this time, the story is different as all the obscure political parties and their candidates are very eager to run the race to the touchline. Considering all these, the state, no doubt would present an interesting flash point going by the circumstances that played out prior to the primary election of the major political parties. From the advent of this democratic dispensation in 1999, governorship elections in Imo State have not been won easily. All the elections were keenly contested, as the crown was not obtained on a platter of gold. With the escalated wars within each partisan group, it is difficult to become flag bearers of the various political parties. This is to the shoddy manner some of these political parties conducted their primaries. While the process of selection of candidates witnessed some improvement in a few parties, others clearly hoodwinked their opponents, by playing a fast one to choose the flag bearer. In all cases, discordant tunes were the order of the day and this will play out in the main election. The matter was worsened by the failure of the Independent National Electoral Commission (INEC) to intervene in some cases, at least, to give a sense of belonging to the aggrieved. Granted that it was the internal affair of the political parties, but as an umpire, the commission should ensure that there was a level playing ground to all aspirants in the primaries. As much as it is difficult to predict where the pendulum may swing, political pundits; however, believe that the governorship election in Imo State shall be keenly contested. To ward off unforeseen circumstances that might lead to spilling of innocent blood, Christians across the state, particularly the Catholics have been praying fervently against violence in the general election in the country, with particular reference to Imo state. Going by the campaigns and measure of preparedness to be become the next occupant of Douglas House, seven major governorship candidates have shown dexterity, commitment and focus to succeed Governor Rochas Okorocha. The candidates of these major seven political parties are presented in alphabetical order: Uche Nwosu (Action Alliance) Mr. Uche Nwosu, governorship flag bearer of the Action Alliance (AA) lost out in the power game that ensued between his father in-law and mentor, Governor Rochas Okorocha and the leadership of the All Progressives Congress (APC). Nwosu is one of the youngest candidates and he seems to be fully prepared to succeed Okorocha, who wants his son-in-law to take over from him at all costs. He seems bent on trying to protect the empire he has acquired as the governor of the state. Due to his desperation of becoming the next governor, Nwosu, has became power-drunk like his mentor and that has led him to join a

Ikedi Ohakim (Accord) Dr. Ikedi Ohakim is a former Governor of Imo State from 2007 to 2011. He has good education and is highly experienced in human and material management. Ohakim is a much sought after as speaker and consultant to several leading businesses in Nigeria and abroad. He is the author of The Marketing Imperative for Rural Industrialization, published in 1994. This book is widely acknowledged as a fresh and pragmatic approach in strategic marketing of intangible products, especially government programmes and policies. He was the Chairman of the Economic Session of the World Igbo Congress in the USA in 2002 and delivered the keynote address at the 13th World Igbo Congress (WIC) held in Michigan, September 2007. He is a management consultant, with huge experience spanning over two decades. He has also demonstrated deep understanding of contemporary international economics with specialization in Market Dynamics. For close to two decades, he served in senior commercial and executive management capacity in two multinational engineering and manufacturing companies in Nigeria, namely, First Aluminium and Tower Groups. He received extensive management training both in Nigeria and overseas and rose to the position of Executive Director and Managing Director/Chief Executive of Alucon in 1997.

Hope Uzodinma (All Progressives Congress) Senator Hope Uzodinma is a known name in Nigerian politics having been a two-term senator representing Imo West (Orlu zone); he was also a former BoT member of the Peoples Democratic Party (PDP). Uzodinma is presently the flag bearer of the APC, which he won under very difficult circumstance. Uzodinma’s doggedness swept Okorocha and his ‘family only’ brand of selfish governance out of APC. People applauded the feat. He achieved this with the help of the Imo APC Coalition, comprising the deputy governor, Prince Eze Madumere, Jude Ejiogu, T.O.E. Ekechi, Osita Izunaso and a host of others. Uzodinma is the chairman of the Senate Committee on Aviation, and he liaised with the Ministry ofAviation to ensure the re-modelling of Akanu Ibiam Airport, Enugu and Sam Mbakwe International Cargo Airport in Owerri. It is on record that those efforts brought about significant activities at those airports. Those efforts also confirmed Uzodinma as a pan-Igbo man who is passionate about the Nigerian federation.

Ifeanyi Araraume (All Progressives Grand Alliance) Senator Ifeanyi Godwin Araraume is a recurring name in Nigerian political cycle having contested in every election since 1999. Apart from winning the 1999 and 2003 senatorial elections for Okigwe zone (Imo North), he had contested all the governorship elections in the state since 2003. He came close to winning the 2007 governorship election in the state on the platform of the PDP but due to political intrigues, he was denied the opportunity. Araraume has virtually belonged to all the major political parties; starting from APP, which later became ANPP, PDP, ACN, APC, to APGA; where he is flying the governorship flag for the 2019 election. He is a solid politician who is not tired of spending money where it is necessary to get on top of his political career. He is also a team player considering his knack to maintain his political structure over the years. He sees the 2019 election as his last attempt at the governorship race and that may be the reason, he jumped out of APC where he knew it was difficult for him to grab the ticket and moved over to APGA overnight and mesmerized the national leadership of the party to pick the governorship ticket. Araraume is a crowd-puller any day. He remains the single individual who enters any election without looking for financial assistance. Araraume is a polished and well-established gentleman who is ready to get to his target no matter the difficulties. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com

5 ) * 4 % ": t TUESDAY, FEBRUARY 5, 2019

WEEKLY PULL-OUT

‘CONTRADICTORY COURT ORDERS: CLEAR AND PRESENT DANGER FOR 2019 ELECTIONS’

05.02.2019

Festus Okoye

2/DASHBOARD

05.02.2019

Constitutionality of Section 396(7) of the ACJA, 2015 PAGE 4

OAL Names New Managing Partner, Admits 3 Substantive Partners PAGE 4

Lagos Chief Judge Warns Magistrates Against External Interferences PAGE 5

QUOTABLES ‘I will advice that the Government, as a matter of urgency, reverse the suspension of the CJN.....The CJN, after the suspension has been lifted, should do the needful, and resign.’ – Femi Falana, SAN, Human Rights Activist

‘.... It is a major silver lining, from the dark cloud that has been hanging over the Judiciary, and by extension, this country. Because, we now have the appropriate body, the NJC, taking control of the situation, which wasn’t the case before, where we were somehow trying to descend into some anarchy.’ - Professor Mamman Tahir, SAN, OON, Vice Chancellor, Baze University, Abuja

Alleged Illegal Invasion: Court Awards N1m Costs in Favour of LASG PAGE 5

‘Every Lawyer should be Eﬃcient, Thorough and Client Oriented’ PAGE 6

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

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

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

Saving the Judiciary from Itself

Sell Nigeria and Start Again here was a comedy video, which trended on social media sometime last year. It seemed rather ridiculous and silly, at the time. In the video, a comedian was being interviewed about the situation in Nigeria, and he said that the solution to Nigeria’s myriad of problems, was to stop the country, sell it (maybe China may be a potential buyer), and start it all over again! I am sad to say that, I think I am beginning to see the wisdom in the words of the comedian! Coupled with the assertion by many that, Africans do not seem to be able to rule, and manage their countries and affairs, satisfactorily. This seems to be the present situation in Nigeria, and many other African countries. Here, it seems as if things are spiralling out of control, going from bad to worse, and there just seems to be no way out of all the ‘wahala’. Less than two weeks to the general elections, when Nigerians should be seriously considering the characters, and comparing the manifestos of candidates who seek to run for the various elective offices, and the performance of those who are seeking re-election, we are wasting precious time, moving from saga to saga, like in a James Bond movie, the latest being that of the CJN.

Know Your Candidate Matters of concern like, how well do you know the candidate running for Governor, or House of Representatives in your constituency, or whatever elective office, should be uppermost in our minds. What kind of people are they? If the candidate is a fresher, what was their occupation before? How well did they perform in that occupation? What is their reputation? Are they honest? If it’s someone seeking re-election, how did they perform in their previous term(s)? Did they steal? Did they have the interest of the people at heart? How did they solve the problems that arose? Old or new, what is their blueprint? Take for instance, the disqualifications from running for elective offices and being appointed as Minister, as provided for by Sections 66, 137, and 182 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution). Some candidates have presented forged certificates to INEC, contrary to Sections 66(1)(h), 137(1)(i) and 182(1)(i) of the Constitution. I am sure that, most of us recall the case of the 1999 Speaker of the House of Representatives, Salisu Buhari/’Torontogate’, who was constrained to resign from office, following the scandal which arose from his presentation of a forged certificate from Toronto University. More recently, we also had the case of former Finance Minister, Mrs Kemi Adeosun, who was also constrained to resign from her position last year, following the saga of a fake NYSC exemption certificate. Similarly, there are those who dispute the authenticity of the President’s WAEC Certificate or Statement of Results, and have filed a suit in court on the issue. Then we have those who have gone to prison, or have been convicted for some crime or the other, contrary to Sections 66(1)(d) and 182(1)(e) of the Constitution. It was alleged that Senator Joshua Dariye of the APC, who is serving a 14

Hon. Justice Walter Onnoghen

year prison term which was reduced to 10 years by the Court of Appeal, for the embezzlement of State funds, had the temerity to obtain a form to run for Senate again, contrary to Section 66(1) (c) of the Constitution. It is no longer news that, at least one of the gubernatorial candidates in the upcoming elections, is alleged to have gone to prison for four years in the United States of America on drug related charges, while another one is wanted by the American Government, also on drug related allegations, and yet another one was dismissed from the Nigeria Police Force or forced to retire compulsorily, for misconduct. Can they Make a Positive Change? Are these the kind of people, that Nigerians should look to, for any positive change? I think not. Two qualities which a good leader must possess, are honesty and integrity, which I’m sorry to say that, these ones, and majority of our politicians, lack. As long as we have the likes of these people in Government, compounded with the fact that this Government has been rather selective about fighting corruption, we will continue to have senseless national debates about different corruption sagas, and it is certain that, this so-called fight against corruption, will fail. Presently, what we have is a “Fight against the Opposition and the Dispensable”. Indeed, a genuine fight against corruption, must be all-encompassing. A situation in which some people should be in prison, but for this or that, or the fact that they are able to deliver votes enmasse to secure victory in the elections – is that how to fight corruption? Selective Fight Against Corruption I was extremely amused when I heard that Babachir Lawal, Ayo Oke and his wife, had finally been charged to court, over a year after they had been alleged to have committed financial crimes. Similarly, the Chairman of the CCT, whose case has been lingering and going nowhere, since he was charged to court by the EFCC for allegedly collecting bribe from a litigant, is now facing the Judicial Service Commission. What has happened to the criminal charges that were brought against him in court? Was the Government not constrained to take these steps, due to the outcry from the public about partiality, especially with regard to the speed in which the charges were brought against the CJN at the CCT, while not much was done about theirs for so long? Is what is good for the goose, not good for the gander? In the same vein, as people were demanding for the resignation/removal/ suspension of the CJN when he was to be arraigned before the CCT, should the Chairman of the CCT not have been suspended since his own corruption issues arose in 2017 or so? But, because he does the mostly unlawful bidding of the Government, he was spared? To the extent that the fight against corruption is not sweeping, Defendants will be able to whip up all types of sentiments, be it tribal, religious, political or whatever, to defend themselves from allegations, because it is easy to say that “XYZ was not investigated or prosecuted because..... so why should I?” This Government has absolutely no respect, for the rule of law. As Lawyers, we should know that, we cannot just ‘work to the answer (as

CCT Chairman, Danladi Umar

they say in Mathematics, when you cheat and you do not know how to do the calculations required to get to the answer, but nevertheless you write the answer at the end). There are constitutional provisions, and they are supreme. They cannot be amended by word of mouth or actions. If the provisions are faulty, Section 9 of the Constitution clearly sets out the mode for alteration. For instance, Section 36(5) of the Constitution provides for ‘innocent until proven guilty’. If you choose to alter it, to accommodate a proviso in the case of, say, corruption cases, so that like in Lee Kwan Yew’s Singapore, a person accused of amassing unexplained wealth has the onus of proving his or her innocence, by all means head to the National Assembly for an amendment in accordance with Section 9(2) of the Constitution. Ditto for those who do not care for the provision in Part 1 Section I 21(b) Third Schedule to the Constitution, giving the NJC the power to exercise disciplinary control on judicial officers, because they argue that, not only does the provision and the legal authorities in that regard, seek to confer a type of immunity from suit and legal process, which is only accorded to only those mentioned in Section 308 of the Constitution, additionally it seems that Section 21(b) makes the CJN who is the head of the NJC, and the one who appoints several of its members, the judge in his own case. Seek a constitutional amendment of the provisions to do with the appointment of members and the constitution of the NJC, discipline of judicial officers, and have all contradictory provisions repealed etc. The Legal Position For the avoidance of doubt, the CCT Chairman simply has no power, by virtue of the CCT Act, to recommend to the President or anybody else, the suspension of the CJN, not because he too has a cloud hanging over his head, but, because the powers of imposition of punishment by the CCT are clearly stated in Section 23 of the CCT Act, and the power to recommend suspension, or even impose punishment, before a Defendant has gone through trial and been pronounced guilty, is not one of them. Should the matter have even reached the CCT in the first place? Section 3(d) of the CCT Act has a proviso that, where a person makes a written admission of a breach or non- compliance, no reference to the Tribunal shall be necessary. Again, anyone with a problem with this proviso, should seek to have it amended or repealed. Surely, with the written admission by the CJN, there should have been no recourse to the CCT. So, it is strange that the CCT still seeks to continue with his trial, contrary to the provisions of its establishing statute. Correct me if I am wrong, but I believe that, the proper procedure to have been adopted by virtue of the Constitution and Supreme Court authorities, was to bring a petition before the NJC, over the allegations of the CJN’s failure to declare some of his assets. The matter of the content of those accounts, which he is alleged to have failed to declare, is a separate and more important issue, and should also have been highlighted in the petition to the

Hon. Justice Ibrahim Tanko Muhammad

ONIKEPO BRAITHWAITE

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

“THE INSTITUTION OF PROCEEDINGS AGAINST THE CJN AT THE WRONG VENUE, AND THE PERVERTED LEGAL PROCESS WHICH WAS ADOPTED THEREAFTER, HOWEVER, ALLOWED FOR A TOTAL DIVERSION OR DEFLECTION FROM THE REAL ISSUE, WHICH IS, THE ISSUE OF THE ACTUAL ASSETS WHICH WERE NOT DECLARED, AND HOW THE CJN CAME ABOUT THEM” NJC, with evidence to back up any claims of wrongdoing. The institution of proceedings against the CJN at the wrong venue, and the perverted legal process which was adopted thereafter, however, allowed for a total diversion or deflection from the real issue, which is, the issue of the actual assets which were not declared, and how the CJN came about them. In 2016, when judicial officers, including Supreme Court Justices, were arrested, the NJC barred them from sitting (suspension), pending the outcome of their cases; why then should the case of a CJN be any different? Subsequently, it would then be in order, to invoke the provisions of Section 231(4) of the Constitution, and lawfully appoint the most senior Justice of the Supreme Court, in an acting capacity. If such a CJN was found culpable by the NJC, the findings would be made available to the Senate, who would then forward to the President, its address supported by two-thirds majority of its members, recommending the removal of such a CJN (Section 292(1)(a)(i) & (b) of the Constitution). On removal, such a person would then be handed over to the appropriate authorities, for prosecution. Shi ke nan! My argument has always been that, the CJN is not above the law, and by all means, if he has done wrong, hold him accountable. But, due process must be followed, and the rule of law, respected. A situation in which Government is able to do what it likes, with a consummate disregard for the rule of law, is nothing short of what is expected of a dictatorial/totalitarian/ military government, not a democratic one, and certainly, an invitation to anarchy. P.S. Two helicopter crashes in seven months? I smell a rat! "Congratulations, Professor Yemi Osinbajo, that God, in His infinite mercy, spared your life, and the lives of the people who were travelling with you, on both occasions". Does lightening strike twice in the same place? Literally, maybe yes, metaphorically, I think not. Stay safe Prof.

4/LAW REPORT

05.02.2019

Constitutionality of Section 396(7) of the ACJA, 2015

T Facts

hree Defendants were charged for a criminal offence at the Federal High Court, Abuja. In the course of trial, the 2nd and 3rd Defendant, changed their plea from not guilty to guilty, and they were accordingly sentenced. The trial of the 1st Defendant proceeded and was almost concluded, when the trial Judge was elevated to the Court of Appeal, and he took the Oath of Office as a Justice of the Court of Appeal, on 22nd June, 2018. In October 2018, the erstwhile trial Judge was issued a fiat by the President of the Court of Appeal, based on the request of the Prosecution that Section 396(7) of the Administration of Criminal Justice Act, 2015 (ACJA) be invoked, to allow the Judge to conclude the trial of the 1st Defendant. When the case came up at the Federal High Court, the Judge directed both the Prosecution and Counsel for the Defendant, to address him on the constitutional validity of Section 396(7) of the ACJA. Issue for determination Whether Section 396(7) of the ACJA, which empowers a Judge of the High Court who has been elevated to the Court of Appeal, to continue to sit as a High Court judge for the purpose of concluding part-heard criminal matters pending before him at the time of his elevation, is inconsistent with the provisions of the Constitution of the Federal Republic of Nigeria 1999 (“CFRN”). Argument Counsel for the Prosecution submitted that, Section 396(7) of the ACJA was enacted purposefully to remedy the delays caused by the “de novo” phenomenon in part-heard criminal matters, in which the matter starts afresh when a Judge is elevated. She submitted that, rather than the provision being in conflict with the Constitution; it should be seen as amplifying it, especially with regard to the fundamental rights to fair trial within a reasonable time. She made reference to Section 36(4) of the CFRN which states that “whenever any person is charged with a criminal offence, he shall, unless the charge is withdrawn, be entitled to a fair hearing in public within a reasonable time by a Court or tribunal”. She reiterated that, the provision of the ACJA, is to prevent instances where a criminal trial will have to start de-novo after all parties i.e. prosecution, defence and even the court would have expended a lot of time, energy and resources in the criminal process, and when witnesses may not be available to testify at the fresh trial. Counsel concluded that, there is nothing in the CFRN that bars the operation of Section 396(7) of the ACJA, and that it is, indeed, a novel provision which is a practical demonstration of Section 36(4) of the CFRN. She urged the Court to look at the Constitution as a whole, and construe same, in such a way as not to frustrate the hopes and aspirations of the makers of the Constitution. On his part, Counsel for the defence, agreed that the fundamental essence and indeed, reason for the enactment of Section 396(7) of the ACJA, is for the speedy trial and conclusion of criminal cases. He however, contended that, the Section empowers a Judge of the High Court to hear to conclusion a matter which was part-heard. He posited that, by the elevation of the Judge to the Court of Appeal, he is certainly no longer a Judge of the Federal High Court administratively, juristically or judicially speaking. He submitted that, such a Judge becomes functus officio in the matter which he had handled or part–heard, before his elevation. Counsel contended further that, the Constitution is supreme, and its provision must be respected as the grundnorm and standard, by which other laws, rules etc. are measured. He relied on the decision of NUHU v OGELE (2003) 18 NWLR (Pt. 852) 251 SC to buttress his argument that, the provisions of the Constitution are all embracing in operation and general applications. He further contended that, the courts cannot amend the Constitution or change its words; the courts are duty bound to interpret the Constitution and its laws, and not to amend its provisions or substitute provisions which they consider unwise or improper. He cited the case

Hon. Justice G.O. Kolawole

In the Federal High Court of Nigeria In the Abuja Judicial Division Holden at Abuja On Friday, the 25th day of January, 2019 Before His Lordship Gabriel O. Kolawole Justice of the Court of Appeal Suit No. FHC/ABJ/CR/85/2009 Between Federal Republic of Nigeria .............. Complainant And 1. Kenneth Iwueke .............Defendant 2. Okonkwo Ogbu .............Convicted 3. Opayemi Ayoola.............Convicted

of A-G LAGOS STATE v A-G FEDERATION (2003) 8 NWLR (Pt.912). Finally, Counsel for the Defendant submitted that, Section 396(7) of the ACJA, is inconsistent with the provisions of the Constitution. That to hold that the provision of the ACJA is superior to the Constitution, is to open a floodgate to unmitigated disaster or anarchy, in our jurisprudence. Court’s Judgement and Rationale In its determination of the issue, the court referred to Section 253 of the Constitution, which provides that the Federal High Court shall be duly constituted if it consists of at least one Judge of that

“THE NATIONAL ASSEMBLY LACKS LEGISLATIVE POWERS, TO MAKE A STATUTORY PROVISION SUCH AS SECTION 396(7) OF THE ACJA, WHICH SEEKS TO CONFER ADDITIONAL JURISDICTION ON A JUSTICE OF THE COURT OF APPEAL, NOT COVERED OR WITHIN THE CONTEMPLATION OF SECTION 252(2) OF THE CONSTITUTION”

Court. The court further referred to the case of MADUKOLU v NKEMDILIM (1962) 2 SCNLR 341, and highlighted the dictum of BAIRAMIAN JSC particularly where His Lordship stated that “a Court is competent when (1) it is properly constituted as regards number and qualifications of the members of the Bench, and no member is disqualified for one reason or another”. The court then posed the questions whether Justice Kolawole, who has been elevated to the Court of Appeal, is a ‘Judge of that Court’ (the Federal High Court), and whether the Federal High Court is well constituted in terms of the number and particularly the qualification of Justice Kolawole. Further, the court considered the provision of Section 252(2) of the Constitution, which provides that the National Assembly may by law make provisions conferring upon the Federal High Court powers additional to those conferred by the Section, as may appear necessary for enabling the Court to exercise its jurisdiction. The Court held that Section 252(2) of the Constitution may provide validation for the enactment of Section 396(7) of the ACJA. However, such powers of the National Assembly are only exercisable with limitation to the Federal High Court. His Lordship held further that Section 396(7) of the ACJA over ambitiously extended the powers conferred on the National Assembly to cover the Justices of the Court of Appeal, who by elevation have taken a fresh oath of allegiance and the judicial oath, as prescribed by the Constitution. The National Assembly lacks legislative powers to make a statutory provision such as Section 396(7) ACJA, which seeks to confer additional jurisdiction on a Justice of the Court of Appeal, not covered or within the contemplation of Section 252(2) of the Constitution. This is more so, as a Judge of the Federal High Court or Federal Capital Territory or State High Court elevated to the Court of Appeal, has ceased to be a Judge of the said Court. The Court observed that, by the entire provisions in Section 396(1) – (7) of the ACJA, the primary goal of the National Assembly was to facilitate quick and speedy administration of criminal justice in Nigeria. However, this cannot be driven through, unless the extant provisions of the Constitution in relation to the Courts created pursuant to Section 6(5)(a)-(k) of the Constitution, are amended to enable a Judge appointed pursuant to the Constitution, wear two caps as a Judge of the Federal High Court and of the Court of Appeal. The Court stated that, Section 396(7) of the ACJA cannot be married with any specific or even general provisions of the Constitution, as it constituted an unobtrusive distortion of the jurisprudence of the Courts created by the constitution. His Lordship warned further that, the National Assembly needs to endeavour to avoid creating more doubts and contentious issues in areas in which the law appears to be well settled; referring to the decision in BRONIK MOTORS LTD v WEMA BANK (1983) 1 SCNLR 296. Finally the Court held that, pursuant to the provisions of Section 1(3) and Section 4(8) which confer on the Court the jurisdiction to declare provisions that are inconsistent with the Constitution void, and the Court’s inability to ﬁnd any provision of the Constitution under which Section 396(7) of the ACJA can be accorded refuge (not even under the existing law pursuant to Section 318(1) thereof), the provisions of Section 396(7) of the ACJA having been held to be inconsistent with the provisions of the Constitution, is voided, and shall cease to be part of the ACJA which can be applied and enforced by all Courts. Consequently, the Court directed that the charge be returned to the Chief Judge of the Federal High Court for re-assignment and commencement de novo, before a Judge of the Federal High Court. Representation: Mrs. Constance C. Mgbejiofor for the Prosecution A. Uno Kanu, Esq for the Defendant. Reported by Optimum Publishers Limited (Publishers of Nigerian Monthly Law Reports (NMLR))

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NEWS/5

Principal Partner, Olisa Agbakoba Legal (OAL) and former President of the Nigerian Bar Association, Dr. Olisa Agbakoba, SAN and newly appointed Managing Partner, OAL, Mrs. Bisi Akodu

L-R: Mr. Adebola Sobowale, Mrs. Bisi Akodu, Mr. Babatunde Ogungbamila and Mr. Victor Akazue Nwakasi at the ceremony organised by the firm to mark their elevation

OAL Names New Managing Partner, Admits 3 Substantive Partners Stories by Akinwale Akintunde Olisa Agbakoba Legal (OAL) has announced the appointment of Mrs. Bisi Akodu, as the firm’s new Managing Partner. Mrs. Akodu succeeds Mrs. Priscilla Ogwemoh, who stepped down as Managing Partner, after serving with distinction in that capacity, for over 20 years. The Firm also elevated three Associate Partners, Mr. Babatunde Ogungbamila, Mr. Victor Akazue Nwakasi and Mr. Adebola Sobowale, as Substantive Partners with effect from February 1, 2019. The three new Partners joined the firm in 2013, 2005, and 2008 respectively, and have been instrumental to the firm’s success over the years. BISI AKODU, MANAGING PARTNER, OAL With over 40 years’ experience in Corporate Commercial practice, Bisi is well versed in mergers and acquisitions, share and asset sales, leveraged buyouts, joint ventures and private equity transactions.

She serves as a Member of Financial System Strategy Vision 20-20, a Central Bank of Nigeria initiative, to establish an International Financial Centre in Nigeria, a Fellow and Council member of the Business Recovery and Insolvency Practitioners Association of Nigeria (BRIPAN). Mrs Akodu has acted as legal counsel for numerous companies and corporations, including Westinghouse Corp., Philip Morris Nigeria Limited, Cadbury Nigeria Limited, Dornier GmbH, Thomas Wyatt Limited. She did extensive transactional work for various banks during the Nigerian Banking consolidations of 2005, and has worked on collateral risk assessment audits for Nigerian banks. As an advocate of change, she has written on new financing models, and is currently engaging the Securities and Exchange Commission (SEC), on establishing a crowdfunding framework in Nigeria. She provides commercial and

solution-oriented advice to a wide range of banking clients, on innovative solutions to their insolvency and bankruptcy concerns. BABATUNDE OGUNGBAMILA – PARTNER, HEAD, DISPUTE RESOLUTION Mr Ogungbamila has over 18 years post call experience, in dispute resolution. His passion for legal practice is evident, in his meticulous handling of cases and complex legal issues, and he often enjoins others to imbibe a methodical approach towards proffering solutions for complex issues. His ultimate drive, is the enrichment of his knowledge, and he has published several papers in international journals including the Oil, Gas and Energy Law Journal (OGEL), that published his master’s thesis which focused on options in increasing the bankability of project financing transit pipelines, in the face of the risk of obsolescing bargain.

Mr Ogungbamila is registered with the Securities and Exchange Commission, as a capital market consultant. He is a member of the NBA Section on Business Law, Business Recovery and Insolvency Practitioners Association of Nigeria, and Insolvency International. VICTOR AKAZUE – PARNTER, HEAD, CORPORATE COMMERCIAL Mr Akazue is well versed in Corporate and Commercial Law Advisory, Administrative Law, Alternative Dispute Resolution (ADR), and Regulatory Reforms. An extensively trained Arbitrator, he has contributed to the development of ADR and its practice, in Nigeria and Africa. Mr Akazue combines unique skills from his experience as a Commercial litigator, Trainer, Mediator and Negotiator, in handling complex legal issues, and is a Euromoney trained professional on the subject of Troubled Assets Resolution and Recovery handling Receiverships on diverse Assets for financial

services sector clients. An avid scholar and law reformist, Victor advises private and public sector clients, both locally and internationally, in relation to regulatory and compliance issues on the Nigerian Business environment, and has worked on complex assignments and trainings for multinationals and the Nigerian Federal Judiciary. He has special interest in Law and Development, Regulatory Impact Advisory, and has published several articles and books on the subject. He has initiated, led and coordinated development law assignments, for diverse clients and target groups. He is the author of ‘Administrative Legislation: Rule-Making in a Developing Economy, Troubled Assets Resolution’. ADEBOLA SOBOWALE – PARTNER, HEAD, DEBT RECOVERY & INSOLVENCY Mr Sobowale is hardworking, a team player, and is noted for prompt delivery and

solutions to knotty legal issues. He has displayed exceptional leadership skills, founded on his integrity, impeccable communication and negotiation skills. He has a strong analytical mind, and has brought his experience to bear on the firm’s litigation, debt recovery, and insolvency practice He is an experienced and astute Litigator, and has appeared in all the superior courts of record in Nigeria. He has successfully acted as Counsel to the firm’s Clients, in several major Commercial litigation disputes. He also renders advisory services to financial institutions and Government Agencies, in resolving Non-Performing Loans (NPLs). Mr Sobowale is also a member of the firm’s Alternative Dispute Resolution Group, and has acted as Counsel to both local and transnational parties, in Arbitral disputes. He is a member of the NBA Section on Business Law, Business Recovery and Insolvency Practitioners Association of Nigeria, and Insolvency International.

Lagos Chief Judge Warns Magistrates Alleged Illegal Invasion: Court Awards N1m Costs in Favour of LASG Against External Interferences Lagos State Chief Judge, Hon. Justice Opeyemi Oke, has admonished the newly appointed Magistrates in the State Judiciary to disregard all forms of interferences, in the discharge of their duties. Justice Oke, warned the Magistrates that, such intrusions could jeopardise true judicial processes. According to a Press Statement by Bakare Adekunbi Adebola, Assistant Chief Public Affairs Officer, Lagos State High Court, the Chief Judge gave the charge at the opening ceremony of the induction programme organised for newly appointed Magistrates, at Lagos State Judiciary Training School, GRA, Ikeja, Lagos, last week The programme, according to her, will equip the participants with relevant knowledge, being a precursor to the induction programme that will later be organised by the National Judicial Institute, Abuja, for newly appointed Judges of the lower bench across the country. “The induction programme is

in satisfaction of the objectives and functions of the Institute, as contained in the applicable provisions of the Lagos State Judicial Institute Law”, she added. Speaking on the expectations of the legal profession from the Magistrates, Justice Oke said that, the Magistrates are expected to be impartial arbiters in the temple of justice, and should serve justice to all without fear, favour or being mindful of litigants’ social status or class. “Judicial impartiality is a supreme judicial virtue that goes contemporaneously with judicial independence, and these are some of the greatest attractions of the judiciary”, Justice Oke said. She reminded the Magistrates that the faithful performance of their duties, is the bedrock on which peace, freedom, and order in any given society thrive, saying that when the society’s

confidence in the integrity of the Judiciary is unshaken, then the rule of law blossoms. Justice Oke used the occasion to advice the Magistrates to be up-to-date with the law and judicial decisions of superior courts, at all times. “Your life is now one of reading and writing, and just a few moments to relax within the confines of judicial ethics. The importance of judicial competence cannot be overemphasised, so you should have yourselves properly equipped for the job. Ensure you invest in good law books, and a comprehensive compendium of cases, whether virtual or physical. “Maintain a good rapport with your colleagues, respect for the individual is very key, not just in the legal profession, but very much also on the Bench. If there are grey areas, please be humble enough to ask questions”, she stated.

Justice Kazeem Alogba of a Lagos High Court sitting in Igbosere, has turned down a request to award a N2.8 billion judgement against the Lagos State Government, over alleged illegal invasion and sealing of a bonded terminal in the Amuwo Odofin Industrial Scheme area of the State. A firm, Fano Shipping Agencies, had sued a Consultant to the Lagos State Government, Mr. Peter Omotosho, demanding N2.8 billion damages over alleged illegal invasion and sealing of its business premises, from September 2 to 8, 2010. The firm had initially listed Omotosho as the only Defendant in the suit, but the said Defendant filed an application to join the State Government as second Defendant, which was granted, by the court.

The Claimant had in the suit with No: LD/1939/2010, claimed that the sealing off of its business premises for seven days, resulted in huge financial losses, while another defamatory publication was further made against it, in a national daily. In his statement of defence, Omotosho said that, as a Consultant to the State Government engaged via a letter dated February 1, 2010, his actions were based on the directive of the Government. The first Defendant, therefore, sought for the dismissal of the suit, with substantial costs. But, the Lagos State Government, in its statement of defence, said the aforesaid Letter of Engagement,

was limited to the first Defendant’s monitoring, reporting, documenting and preventing encroachment on Government’s schemes and acquisitions. Justice Alogba in his ruling, held that, the evidence of first Defendant that he was an agent of the second Defendant as to relieve him of liability, could not avail him, since the letter of engagement did not specify sealing of premises. “The Court finds the first Defendant liable in trespass, and hereby awards N30 million general damages against him, in favour of the Claimant. “The Court also awards N2 million and N1 million cost of action against the first Defendant, in favour of the Claimant and the second Defendant, respectively”, Justice Alogba ruled.

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Muslim Lawyers Condemns NJC Query to Acting CJN Akinwale Akintunde Muslim Lawyers Association of Nigeria (MULAN), has condemned the decision by the Nigerian Judicial Council (NJC), to query the acting Chief Justice of Nigeria (CJN), Hon. Justice Tanko Muhammad. In a statement signed by its President, Prof F.A.R Adeleke, and Secretary, Ismaila Alaasa, the Association noted that, the NJC lacks the power to issue such a query. The statement reads: In respect of the recent emergency meeting of the NJC held on Tuesday, 29th January, 2019, we are appalled that the supervisory body has directed the Acting CJN to give his answers to an uncharitable petition said to have been written by Mr. Olisa Agbakoba, SAN, and Centre for Justice and Peace Initiative. “Our source of worry is not that the NJC lacks power to take such a step, where there is a genuine reason for same. However, we feel that NJC being a composition of seasoned jurists and Lawyers, ought to have realised that, such reference to the Acting CJN is utterly unnecessary and uncalled for, in view of the constitutional provision contained in Section 231 (4) of the Constitution of the Federal Republic of Nigeria 1999, which grants the President the requisite power. “We also note that, the President has acted appropriately in view of the circumstances that led to the swearing in of the Ag CJN, especially as a court order which has not been set aside, binds all persons affected by it, even if any person believes it to be void.” The Association called on all parties involved in the ongoing CJN trial, to handle the matter with utmost caution

and sincerity, while upholding the rule of law and the integrity of the Judiciary. “We have observed with great concern, the unholy development with regard to the friction between the executive and the judicial arms of the government, which was precipitated by the attempted arraignment of the suspended Honourable CJN, Walter Onnoghen on the 14th of January, 2019 before the Code of Conduct Tribunal sitting at Abuja, and we have found it expedient to make the following statements: “It is our observation that, upon the institution of charges by the Federal Government of Nigeria against the suspended CJN at the Code of Conduct Tribunal, the legal profession and the general public have been thrown into turmoil and confusion. There were uncertainties, speculations and confusion, about the justice system and its dispensation in the country. “The situation became aggravated by the attitude of the Lawyers involved in the matter, especially those counsel who indulged themselves in the reprehensible act of forum shopping, wherein they started obtaining various court orders from different courts of coordinate jurisdiction, such as the High Court of the Federal Capital Territory, Federal High Court and even National Industrial Court. The speed at which those orders were obtained, made them suspicious. “Forum shopping is a grave abuse of the judicial process, which happily we know His Lordship, the CJN, would not ordinarily support. Hence, we believe that, he would do the needful to put this at rest. “On the allegations against His Lordship, it has been argued, and correctly in our opinion that, all those charges remain

mere allegations until they are established beyond reasonable doubt before a competent adjudicator, however, we must state that such an adjudication will only hold if the person alleged to have committed the wrong, is willing to make himself available for trial. It is our view that, all parties involved in this case should come out clean and be fair in their handling and resolution of the issues thrown up. “So far between the camp of the suspended CJN and the public, there is a concern that the substance of the allegations against his Lordship, are being sacrificed at the altar of legal technicalities and unnecessary sentiments displayed by sympathisers. This should not be so. The common concern of all discernible persons at this stage, ought to be the attainment of what is best for our country. Naturally, this will entail doing that which nobility and the cause of justice, demand of us. “The current display of legal gymnastics by the Lawyers either for or against the trending questions relating to the CJN, has confounded numerous members of the public, and they are now worried that the substance of the alleged misdeeds levelled against the suspended CJN, are being swept under the carpet. The question being asked is, whether the same treatment would have been meted out to another public officer of a lower status and less privilege, facing the same accusations like that of the suspended CJN? “As part of its reaction to the unfortunate situation that is bedevilling the Judiciary at present, the umbrella body of Lawyers, the Nigerian Bar Association to which we all belong, in its recent resolution called on Lawyers to boycott the court for 2 days.

This resolution however, does not seem to enjoy blessing. “However, we are not unmindful of the reason why the NBA called for the boycott, but the point being made is that, even where the suspension of the CJN was based on a void court order, we do not think that the solution lies in the boycott of courts. We believe that, the best approach to a void court order, is to get it set aside by the same court which gave the order or a superior court. “From the look of things, it seems that, the leaders of the Bar have chosen to look at the issue from the legal point of view only. However, every reasonable member of the Association is worried about the moral aspect of the whole scenario, after all, we pride ourselves as men of the noble profession. We therefore, call on the NBA, to ensure that the Bar is intact, and should not be allowed to divide over this transient issue. Our unity, is our strength. Mulan solicits for continuous and undivided loyalty, among all NBA members across the country. “On the recent emergency meeting of the NJC held on Tuesday, 29th January, 2019, we are appalled that the supervisory body has directed the Acting CJN to give his answers to a spurious petition said to have been written by Mr. Olisa Agbakoba, SAN and a Centre for Justice and Peace Initiative. “Finally, on our part, we want to call on all parties involved, to handle the matter with utmost caution and sincerity, while upholding the rule of law and the integrity of the Judiciary, and at the same time, ensure that justice is done, notwithstanding who is involved.”

Legal Personality of the Week Moses Torkuma Pila

‘Every Lawyer should be Efﬁcient, Thorough and Client Oriented’ ing some moments in the courtroom, my Principal told me he wanted to use the rest room, and left. Shortly after, our matter was called and I nervously announced appearance. When the Magistrate told me to proceed, I attempted to say I was waiting for my Principal, something she quickly rebuffed, and reminded me that I was a Lawyer in my own right. In the end, the Magistrate guided me to make a bail application for the accused, which was granted. The lesson I learnt that day, has also guided me to ‘be prepared’, as the Boys Scout motto says.

Please, give a brief introduction of yourself My name is Moses Torkuma Pila. I am a Senior Associate in the Energy & Project Finance Practice Group of Templars, a Nigerian full-service law firm. I work out of the Abuja Office of Templars. I graduated with a second-class upper division both from the Nigerian Law School and the Benue State University, Makurdi, and was called to the Bar in 2006. I also hold a Master of Laws, from the University of Lagos. Prior to joining Templars, I worked with a couple of reputable Law firms in Lagos. I also worked as an intern in Milan, Italy at the law office, Studio Legale Nodari, as a recipient of the INTERLEGES Stephen Rayner Award. Most recently, I worked as an Assistant Manager/Personal Assistant to the Commissioner (Legal, Licensing and Enforcement) at the Nigerian Electricity Regulatory Commission, Abuja. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? One of the main challenges I have with legal practice, is the nature of our judicial system. The delay in getting matters concluded, because of incessant adjournments, is something I have found, and still find, very frustrating with the legal system. This is particularly frustrating because, there is enough blame to go around. From ill-prepared Lawyers who will use any and every opportunity to stall a case, to overworked Judges who have little patience to nudge a case forward, but are glad to accede to a request for adjournment. Thus, after lengthy preparation, upon getting to court, one discovers for some reason, a matter will not proceed. The fact that a client is unable to get timely resolution of disputes, leaves a bad taste in my mouth,

Moses Torkuma Pila

any day. It is so frustrating that, many young Lawyers are beginning to opt out of courtroom practice, to stay more on the non-contentious or non-litigious side of law practice. What was your worst day as a Lawyer? I think one incident, sticks in my memory. During my NYSC days in Ejigbo, Osun State, I appeared in a Magistrate Court with my Principal. Prior to our setting out, he asked whether I was familiar with the facts and the business of the day. I answered in the affirmative. After spend-

What was your most memorable experience as a Lawyer? Three related events stand out for me. The first, was my call to Bar. It was an event I looked forward to with trepidation, and I was glad it came by successfully. Closely related, was the day I got an email informing me that, I was one of the winners of the INTERLEGES Stephen Rayner Awards 2006. The third, was the day I resumed at TEMPLARS, was introduced to the firm’s Lawyers and work culture, and began almost immediately, to practice law in such an exciting way that I had not before imagined.

figures I read about like the great Nelson Mandela were Lawyers, and I felt it was the best profession one could pursue, if one wanted to support humanity and influence people positively. I have always believed that, when put to good use; law is a great instrument of societal good. What would be your advice to anyone wanting a career in law? I would advice all aspiring Lawyers, to develop and imbibe the attributes of integrity, hard work and perseverance. It is also important, to have a good reading culture. I have seen law students, who have not read a single book outside of their study books. This is sad. I believe that, a Lawyer should have a voracious appetite for reading all kinds of literature. This will no doubt, enhance the versatility of the individual. After being called to the Bar, it is also important for a Lawyer to decide on a career path, and follow that path. Apart from this, I believe a Lawyer should be efficient, thorough, and client oriented, in whatever career path such a Lawyer chooses.

Who has been most inﬂuential in your life? My father of blessed memory, taught me the virtue of contentment, and the ability to stand up for myself when the need arises. These principles, have guided both my private and professional life.

If you had not become a Lawyer, what other career would you have chosen? Like every young Roman Catholic boy, my first and default aspiration, was to be a Catholic Priest. Later on, I wanted to be an Engineer and a Medical Doctor, in that order. So, if I had not become a Lawyer, I would have ended up following any of these career paths.

Why did you become a Lawyer? The idea of becoming a Lawyer, came to me naturally the moment I settled in as a student of arts and humanities in my secondary school. I was never close to any Lawyer, but most of the historic

Where do you see yourself in ten years? I see myself concluding a doctorate degree in law, and becoming one of the most renowned energy law specialists, in Nigeria.

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are pleased to co-host the Public Presentation of

8/COVER

05.02.2019

‘Contradictory Court Orders: Clear and Present Danger for 2019 Elections’ Many Nigerians, including all the stakeholders, have forecasted that, this year’s national elections, may well be the most critical in the nation’s political history, so far. The international community, has also urged that Nigeria must get it right, or face possible consequences. The activities of the various political parties, have indicated desperation on their part, as many party primaries witnessed violence and manipulation, in most States across the nation. The outcome of the 2019 elections, will depend considerably on how well the Independent National Electoral Commission (INEC), plays its constitutional and statutory role, as an impartial umpire. Onikepo Braithwaite and Jude Igbanoi sought answers to the many questions agitating the minds of Nigerians, from Festus Okoye, INEC’s National Commissioner and Chairman, Information & Voter Education Committee. The former NBA Kaduna Branch Chairman, gave assurances that, INEC, despite its humongous challenges, will deliver on this year’s elections

Mr. Festus Okoye

hat exactly is the problem with the APC in Zamfara State, with regard to the upcoming elections. Why did INEC say that the APC has no candidates for the elections? The Independent National Electoral Commission(INEC) is a creation of the Constitution of the Federal Republic of Nigeria, 1999 (as amended). The procedures and processes of the Commission, are guided by the Electoral Act, 2010 (as amended), as well as its Regulations, Guidelines and Manuals. Section 87(1) of the Electoral Act, is mandatory. A Political Party seeking to nominate candidates for elections shall hold primaries for aspirants to all elective positions, and by Section 87(2) of the Act, the procedure for the nomination of candidates for various positions shall be by direct or indirect

primaries. Therefore, it is mandatory for a Political Party to hold primaries. It is also mandatory that, the said primaries must be direct or indirect. At the end of the direct or indirect primaries, the Party is obligated to forward to the Commission, the name of the aspirant with the highest number of votes. Only the aspirant with the highest votes shall be declared as

“THE COMMISSION DOES NOT PANDER TO, OR DO THE BIDDING OF ANY OF THE 91 REGISTERED POLITICAL PARTIES”

the winner, and the aspirants name shall be forwarded to the Commission as the candidate of the Party. An aspirant can only transform to a candidate on the conduct of valid Party Primary elections. Without valid party primary elections, an aspirant will not qualify and transform to a candidate within the contemplation of Section 31 of the Electoral Act. The position of the Commission is that, the All Progressives Congress (APC) did not conduct valid Party Primary elections for the election of its Governorship, Senatorial, House of Representatives and House of Assembly candidates in Zamfara State. Some persons that claimed that they emerged from Party Primary election “partially” conducted by the National Executive Committee of the Party, and “partly” by the State Executive Committee of the Party, filed an action before the Gusau High Court seeking declaratory reliefs to the effect that, the primary elections they conducted were legitimate and produced winners, and that INEC was duty bound to accept the list of their candidates. The All APC also filed a suit before

05.02.2019 “....IN THE MATTER IN RIVERS STATE....THERE IS NOTHING IN THE CONSTITUTION AND THE LAW, THAT OBLIGATES THE COMMISSION TO POSTPONE OR SUSPEND ELECTIONS, ON THE BASIS OF PENDING SUITS. THE COMMISSION WILL PROCEED WITH THE ELECTIONS ON THE 16TH DAY OF FEBRUARY, 2019 AND 2ND DAY OF MARCH, 2019....”

the Federal High Court, Abuja, asking the Court to affirm its primaries which produced consensus candidates. The clear and unequivocal position of the Commission is that, the two court orders from two courts of coordinate jurisdiction and given on the same day, are contradictory. The Commission reviewed both decisions, and decided to maintain its position not to accept the list of candidates from the Party and from the State. Some, especially PDP the main opposition party, are accusing INEC of being partial and partisan. Some of the reasons cited, are the performance of INEC in the Osun State Gubernatorial election, and the failure to remove Amina Zakari from the position which she presently occupies, for the duration of the upcoming elections. If there is so much outcry, why not transfer her for now? Kindly, comment on this. The Commission is a product of the Constitution and the law, and with a clear mandate to organise, conduct of supervise a category of elections listed in the Constitution. The processes and procedures of the Commission are set out in the Electoral Act, as well as in the Regulations, Guidelines and Manuals of the Commission. The Commission does not pander to, or do the bidding of any of the 91 Registered Political Parties. The Commission has remained true to its mandate of conducting free, fair and transparent elections, and believes that the lack of trust in our elections, is responsible for the challenges of the electoral process. The Commission does not have all the answers to the challenges of the electoral process, but the National Commissioners have the courage, the presence of mind, and the determination to do what is right. As National Commissioners, we will continue to be creative and innovative, in finding solutions to the numerous problems of our electoral process. The task is daunting, but certainly not insurmountable. We, as a people and a nation, must develop a multi-stakeholder democratic spirit to do the right thing, by domiciling the electoral process effectively with the people Unfortunately, the Commission cannot comment extensively on the Osun election, since the Peoples Democratic Party (PDP) and its candidate in the election filed a petition before the Election Petitions Tribunal, and we are sure that the Tribunal will have an opportunity of making a determination whether the margin of lead principle embedded in the Commissions Regulations and Guidelines are legal and constitutional, and whether the Commission can proceed to declare the result of an election and make a return when the margin of lead will have a fundamental bearing on the declaration of result and making a return. We will not preempt the Tribunal, and will rather wait for their decision. On the controversy relating to the appointment of Amina Zakari to head the Collation Centre Committee, let me state clearly and unequivocally that, Amina Zakari is a National Commissioner of the Independent National Electoral Commission. Her appointment and removal, are provided for and covered by the provision of the Constitution. She is under a constitutional obligation to perform the duties assigned to her by the Constitution, and then, law. Refusal or failure to perform the functions of a National Commissioner, may constitute a ground for removal of such a National Commissioner. As long as she remains within the Commission, she must be assigned responsibilities, and she must carry out such responsibilities. The Commission selected a Readiness Assurance Committee, to prepare the International Conference Centre and get it ready for the Collation of the Presidential Election Results. This Committee is different from the Collation Secretariat headed by the Chairman of the Commission, who is the Chief Electoral Officer of the Federation and the Returning Officer for the Presidential Election. I believe that, some persons misunderstood the functions of the Readiness Assurance Committee, and equated it with the collation and announcement of election results. It will be incongruous to remove or reassign a National Commissioner who has been asked to prepare the venue and make it comfortable to receive domestic and international observers, the international and domestic media, political party leaders and agents, as well as collation officers and security agents. INEC has been accused of registering underage voters in many parts of the North. In 2015, there were video clips of children voting in the North. It does appear as if INEC hasn’t quite got it right on this vexed issue. Recently, several pictures and videos again ﬂooded the internet on underage persons being registered for this

COVER/9 election. What is the Commission doing about this? Or is it fake news? There is a mistaken assumption that, the INEC is the same as the State Independent Electoral Commission. INEC conducts National Elections, Governorship and State Assembly elections, as well as Area Council Elections, while the States Independent Electoral Commissions conduct Local Government Elections. The only nexus between the two, is that INEC compiles the voters register and makes it available to the States Independent National Electoral Commission, for the conduct of Local Government Elections. The Constitution and the law are clear on the issue of voter’s registration, and who is qualified to register and be registered as a voter. It is those that lack the democratic spirit, that sometimes induce the registration officials to do what is wrong, and sometimes register persons who are not qualified to be registered. It is those that want to corrupt the electoral process, that engage in multiple registration. Sometimes, some communities engage in “community specific” registration, all aimed at undermining the electoral process. The Commission, in keeping with its mandate, set up a Committee to investigate the issue of underage voting in Kano, and found that the images trending are cloned, and had nothing to do with any of the elections conducted by INEC. The Commission displayed the current voters register for claims and objections, and very few Nigerians took advantage of the opportunity to assist in cleaning up the register. However, the Commission will continue to apply its Automatic Finger Print Identification System (AFIS), in removing ineligible voters from the voters’ register. This year’s electioneering campaigns have been marred with violence across the country. How can INEC guarantee that the election itself will be violence-free? What arrangements has INEC put in place to protect its staff, especially the Youth Corpers who will be working at the polling stations all over the country? The Police and other security agencies have been accused of being the main perpetrators of violence during elections. What has INEC done to guard against this? The conduct of credible elections, is a multi-stakeholder venture. It involves political parties playing by the rules of the game, and being committed to clean elections. It involves the Electoral Management Agency, fiercely independent and on top of its processes and procedures. It involves the security agencies, providing a secure environment for election officials and the voters. It involves the media, civil society groups and organisations, providing support to the electoral process. By Section 29(3) of the Electoral Act, it is the responsibility of the Commission to request for the deployment of security agencies to protect the vote, in consultation with the leadership of the security agencies. Based on this, the Commission has through the Inter Agency Consultative Committee on Election Security, been holding high level meetings on election security. These meetings are going on at the National, State and Local Government levels. The reality and the truth is that, INEC can only deploy and conduct credible elections in a secure environment. The voters must vote in an atmosphere devoid of fear, intimidation and violence, and the Commission is committed to working with relevant security agencies, to provide such a secure environment. Another point to note, is that the Nigerian military is involved in internal security operations in almost two thirds of all the States of the Federation, tackling multifaceted security challenges in different parts of the country. The Commission will deploy and conduct elections in all States of the Federation, unless it is practically and humanly impossible to deploy in a particular constituency. We expect the security agencies, to act professionally and ethically during the elections. The Commission is presently training them on election security, and the Commission is

hopeful that they will remain true to the Constitution, and serve the Nigerian people. The Commission will also provide insurance cover, for all the ad-hoc staff engaged in the election. More importantly, the Commission will go the extra mile to guarantee their security, to enable them serve the nation to the best of their ability. Concerns have been raised about voters in IDP camps, being disenfranchised. How has the Commission addressed this? The Commission is determined to give every Nigerian, a voice. The Nigerians in IDP camps, are not there by choice. The Commission is therefore, making elaborate arrangements to ensure their participation in the 2019 general elections. Basically, Section 26(1) of the Electoral Act, provides that in the event of an emergency affecting an election, INEC shall, as far as possible, ensure that persons displaced as a result of the emergency, are not disenfranchised. Based on this, the Commission identified 15 States, as States with special needs. The Commission drafted and validated a Framework for IDP Voting and Regulations, backing and guiding same. The Commission carried out extensive mapping of IDP camps, in conjunction with and in collaboration with the National and States Emergency Management Agencies and Development Partners. The Commission documented the IDPs, and recaptured and reissued Permanent Voters Cards to those whose names and photographs are in the voter’s register, and have lost their Permanent Voters Cards. The Commission also registered new registrants in the IDP camps, during the Continuous Voters Registration Exercise. INEC has made adequate arrangements, for IDP voting. Those that are displaced in the States where they live, will be in a position to vote in all elections, while those displaced in States other than the States where they live, will vote only in the Presidential Election. The Commission will also create special voting centres for IDPs, and configure the Smart Card Readers specific to their Registration Areas. There has been a push for prison inmates to vote. Has INEC acceded to this request by NGOs? The Commission is studying and strategising on the framework for voting, by prison inmates. INEC is aware that prison inmates vote in some jurisdictions, but the framework for their voting has to be worked out and validated by the main stakeholders in the electoral process. I believe that, this is one of the issues that the Commission will focus on after the 2019 general elections. INEC had said APC had no candidates on the ballot for the upcoming elections in Rivers State, because of the court decision that Congresses were not held there. However, one of the Gubernatorial aspirants, has consistently paraded himself as the APC Candidate for the February election. How is this possible? Has anything changed? How does INEC intend to untangle the complexities, with regard to these States where candidates were disqualified for this election, but have pending appeals in the appellate courts? INEC has made it clear that it will go ahead with elections in those States, but what happens if the appellate courts overturn the decision of the lower courts? Because, for example, Tonye Cole has stated that he is sure of victory at the Supreme Court INEC has maintained, and consistently too, that it is a product of the Constitution and the law, and will obey court orders, even when it disagrees with the said orders. The Commission is committed to the growth of democracy, and the expansion of the electoral space. INEC did not go to court, in Rivers State. Aspirants, candidates and political parties, went to court and joined INEC. The Commission has complied with the court orders, it has been ordered by the Courts to comply with. There are no complexities to entangle in, in the matter in Rivers State. It is the courts that are vested with the jurisdiction to entangle matters, and the moment they exercise their jurisdiction and clarify issues, we simply comply. Furthermore, there is nothing in the Constitution and the law, that obligates the Commission to postpone or suspend elections on the basis of pending suits. The Commission will proceed with the elections on the 16th day of February, 2019 and 2nd day of March, 2019. The Commission operates on the basis of what is before it. We expect an appellate court to give direction to the Commission, when it makes a determination relating to certain matters pending before it. The Commission does not, and will not, speculate on the outcome of a matter that is still pending in court. When such issue arises, the Commission will rely on the Constitution and the law, in coming to a decision. Your colleague, Mrs May Mbu, has complained that INEC has been inundated with conflicting court orders from courts of coordinate jurisdiction. How have you handled this? The Commission is worried about contradictory court orders emanating from courts of coordinate jurisdiction on the same issues, and sometimes by the same parties, and on the same day. The Commission has placed the issue in the public domain, as a clear and present danger to the conduct of credible elections. Ballot papers and result sheets must be printed and delivered, before elections can hold. The Commission must plan ahead and produce the materials needed, and in the right quantity and specification. The challenge of contradictory court orders, places the Commission in a difficult position where it is forced to choose one of the decisions. The Commission has made its position known to the Judiciary, and we hope and believe that, the challenge will be addressed. Recently, the word ‘inconclusive’ suddenly crept into the lexicon of elections in Nigeria, courtesy of INEC’s poor and shoddy handling of elections in some States. Doesn’t this concept of inconclusiveness, somehow conflict with the constitutional provisions which have stated the exact

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‘CONTRADICTORY COURT ORDERS: CLEAR AND PRESENT DANGER FOR 2019 ELECTIONS’ CONTINUED FROM PAGE 9 requirements to qualify as winning elections? How will this problem of inconclusiveness, be avoided in this election? Inconclusive elections, forms part of our constitutional order. The framers of the Nigerian Constitution deliberately imputed inconclusive elections in the constitutional framework, to make sure that those who will govern the country either as Governors or President, have inclusive mandate. That is why a Presidential candidate must secure a majority of lawful votes cast, and a quarter of the votes cast in two thirds of all the States of the Federation and the Federal Capital Territory. The absence of this constitutional requirement, produces an inconclusive elections. So, there is nothing inherently wrong or obnoxious, about requiring a candidate to obtain the mandate that is not insular. On the other hand, the Regulations and Guidelines of INEC, contains what is called, the “margin of lead principle”. The basic principle is that, where the margin of lead between the two leading candidates, is not in excess of the total number of registered voters of the Polling Unit(s) where election was cancelled or not held in line with Sections 26 and 53 of the Electoral Act, the returning officer shall decline to make a return until polls have taken place in the affected Polling Unit(s), and the results incorporated into the new Form EC 8C(I), and subsequently, recorded into form EC8E(I) for Declaration and Return. The Commission has identified responses and procedures for managing and making a determination where supplementary elections may hold, in line with the “Margin of Lead Principle”: These include where the Commission is unable to deploy to Polling Units as a result of logistical challenges, a date for supplementary election shall be announced. Where there is wilful obstruction or resistance to deployment/ distribution of election materials, zero votes will be entered for the affected polling units, and the voting and collation process will proceed. Where there is voter resistance to the use of the SCR, zero votes will be entered for the affected Polling Unit. Where the use of the SCR is discontinued midway into the elections due to sustained malfunction and no replacement is available before 2 pm, a date for supplementary election shall be announced. Where violent disruptions occur at a substantial number of Polling Units before announcement of results, a fresh date for election in the affected Polling Units shall be announced by the Commission. Where violent disruption occurs after announcement of results and ballot papers and result sheets are destroyed, the Commission will reconstruct the result, and deploy replacement result sheets with the approval of the Resident Electoral Commissioner. Where result sheets are snatched or destroyed before they arrive at collation centres, the result sheets will be reconstructed, replacement sheets

will be deployed and collation will continue. Where balloting materials are still available or remaining after disruption at any stage of the election, the Presiding Officer will proceed with the available materials, and conclude that stage of the election. Where there are issues with results of a Voting Point (VP), such as over-voting, the votes from the affected VP will be treated as rejected votes, and the Presiding Officer will proceed with the valid votes from other VPs of the Polling Unit. The Regulations and Guidelines of INEC, are made pursuant to the powers conferred on it by law. The Commission does not act arbitrarily or unilaterally, and the conditions under which the margin of lead principle can be applied, are clearly set out in the law and the conditions that can lead to inconclusive elections, are set out in the Constitution. Kindly, take us through the voting process on election day, especially now that accreditation and voting will be done simultaneously, unlike before. Why was there such a hue and cry about it, when this change in the procedure was ﬁrst announced? With nearly 90 registered political parties, how will voters navigate through the ballot papers? What provisions have been made for disabled voters, especially the blind? The Constitution makes it clear that, only duly registered voters are eligible to vote in Nigerian elections. The voter must also be in possession of a Permanent Voters Card, issued by INEC, and the voter must personally report to the polling unit where he or she is registered. In accordance with Section 49(2) of the Electoral Act and the Regulations and Guidelines of the Commission, a person intending to vote

‘THE COMMISSION IS DISABILITY FRIENDLY.... THE USE OF THE SMART CARD READER, IS MANDATORY”

shall be verified to be the same person on the Register of Voters, by use of the Smart Card Reader (SCR), in the manner prescribed in the Regulations and Guidelines. Any poll official who violates the provision of the Regulations and Guidelines relating to the use of the Smart Card Reader, shall be deemed to be guilty of an offence, and shall be liable to prosecution. The accreditation process comprises, reading of the Permanent Voter’s Card (PVC) and authentication of the voter’s fingerprint using the Smart Card Reader; checking of the Register of Voters, and inking of the cuticle of the specified finger of the voter. On being satisfied that the person before him/her has been duly accredited, the poll officials shall stamp, sign and write the date on the back of the ballot paper(s)for the respective categories of elections; thereafter the ballot paper will be pre-folded using the roll and flatten method; the pre-folded and endorsed ballot paper(s) will be issued to the voter, and the voter will be requested to remove his/her cell phone or any photographic device before proceeding to voting cubicle. The Commission is constitutionally and statutorily empowered, to issue regulations and guidelines for the conduct of elections. However, the Commission consulted widely with the stakeholders in the electoral process, and in the end, issued regulations and guidelines that accord with the spirit of the law. Registered Political Parties and International and Domestic Observers, recommended simultaneous accreditation and voting after the 2015 elections. The logic was that, over 2million accredited voters did not turn up for the voting process, in the 2015 elections. Moreover, so many people complained about the cumbersome nature of the process, and INEC conceded and adopted the simultaneous accreditation and voting, and used it in all the off season Governorship elections conducted since the 2015 elections, and in the over 180 off season elections conducted. The whole hue and cry over the procedure, revolves around the lack of trust in our electoral process, but we believe that the simultaneous accreditation and voting will serve the Nigerian people better. The Commission will be creative and innovative in the management of polling units with 91 registered political parties likely to deploy polling or party agents to the polling units. Navigating the ballot papers will be a challenge to the voters but INEC has rolled out robust civic and voter education meant to enlighten the voters on the logo of the parties and the voting process and procedure. Fundamentally, Political Parties also have a responsibility to educate their supporters. The same goes for civil society groups and organisations. The Commission is disability friendly, and has documented persons with disability in the off season elections conducted. INEC is

deploying braille jackets for the blind, and magnifying glasses for the virtually impaired. The Commission has also printed posters, setting out the voting process targeted at the hearing impaired. The Presiding Officer, is also required to document the status of the voter; if the voter is a PWD (person living with disability), by completing the PWD Form EC 40H. The issue of card readers doesn’t seem to have been settled ﬁnally. Will INEC use card readers in this election? What plans has INEC put in place, in case the card readers fail, so that people are not disenfranchised? The use of the Smart Card Reader, is mandatory. It is negligent conduct and an electoral offence, for a Presiding Officer to jettison the use of the Smart Card Reader. The SCR, is a quality control mechanism. It is a confirmatory mechanism: used to validate and authenticate the Permanent Voters Card, and confirm that the holder is a registered voter and the owner of the Permanent Voters Card. The Commission has upgraded the Smart Card Reader, and the rate of failure is now negligible. However, the Commission makes provision for redundancy and has trained Registration Area Technical Support Staff who can intervene at a short notice, to rectify any challenges with the Smart Card Reader. However, in the event of sustained failure of the Smart Card Reader, by 2pm, the election will be rescheduled to the following day. INEC recently warned that ASUU strike may adversely affect the elections. How so? What does the Commission intend to do about it? We interacted with, and had meetings with the leadership of the Academic Staff Union of Universities, and they assured us that their members will participate in the 2019 elections, as so doing, is part of their community service. Most of them, are going to serve as collation officers at the Local Governments and Registration Areas. We also had meeting with the Committee of Vice Chancellors of Federal Universities, and they will provide the bulk of the State Collation Officers, and act as Returning Officers in Governorship elections. We have solved that challenge, and we are comfortable and grateful to the leadership of the Academic Staff Union of Universities for their understanding, patriotism and services to the country. The Commission evolved creative and innovative solutions to the challenge of the strike and harvested students that are still on campus, and those living in contiguous areas. The Commission also created a portal, and document some of the students who will serve as Assistant Presiding Officers. What is this controversy about polling stations and voting centres? What arrangement has INEC made, with regard to voting in remote areas or riverine areas that can only be accessed by boat? The Commission created voting centres or baby units, for administrative convenience and to lessen the burden on the voters who have to stay on the queue for so long. The principle is simple, voting in any election, shall take place at Polling Units and Voting Points. In the case of the FCT, voting takes place at Polling Units, Voting Points and Voting Point Settlements (VPS). Voting Points (VPs) are created out of Polling Units based on multiples of 500 and a maximum of 750 registered voters or as may otherwise be determined by the Commission. The voters are the fulcrum of voting centres, and the controversy over the issue of voting centres, is really unnecessary, as the Commission has used the voting centres in all the off season elections and they were also used during the 2015 general elections. In relation to the riverine areas, the Commission will rely on Section 29(3) of the Electoral Act, which provides that, " Notwithstanding the provisions of any other law and for purposes of securing the vote, the Commission shall be responsible for requesting for the deployment of relevant security personnel necessary for elections or registration of voters and shall assign them in the manner determined by the Commission in consultation with the relevant security agencies: PROVIDED that the Commission shall only request for the deployment of the Nigerian Armed Forces only for the purposes of securing the distribution and delivery of election materials and protection of election officials." The Commission will collaborate with the Airforce and the Navy, in the movement of materials and personnel, and the protection of such materials and personnel, especially in the riverine areas and other difficult terrain.

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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 3)

W Last Chapter

e have, in the last two weeks, been able to demonstrate the nexus and dividing line between fake news and freedom of expression, in our outings so far. This has been based on case law, various constitutional provisions, and international instruments on human rights. Today, we shall conclude our discourse on this vexed topic, having commenced our discourse last week with the aspect dealing with spreading fake news on social media vis-a-vis freedom of expression. Spreading Fake News on Social Media and Freedom of Expression Spreading fake news on social media, surely constitutes an ingredient of libel, which is a form of defamation. In Nigeria, defamation is both a tort and a crime. The tort of defamation (civil defamation), is regulated by the rules of common law, with few statutory interventions aimed at reforming certain aspects of the law. It seeks to protect a person's reputation from unjustified attack, either by the written or spoken words of others. In BENUE PRINTING AND PUBLISHING CORP v GWAGWADA (1989) 4 NWLR (Pt. 116) 439, the Supreme Court defined defamation as any imputation which may tend to lower the Plaintiff in the estimation of right-thinking members of the society generally, cut him off from society, or expose him to hatred, contempt or ridicule. Akin to defamation, is the offence of sedition. A seditious publication has the intention to bring into hatred or contempt, or to excite disaffection against the person of the President or Governor or Government of the Federation; or to excite the citizens or other inhabitants of Nigeria, to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Nigeria as by law established; or to raise discontent or disaffection amongst the citizens or other inhabitants of Nigeria; or to promote feelings of ill-will and hostility between different classes of the population of Nigeria. Under Section 50 of the Criminal Code Act, sedition is punishable with a sentence of two years or a fine, and three years for a subsequent offence. Under the Penal Code, the sentences are longer. The situation in Nigeria regarding the offence of sedition, is rather disturbing and unfortunate. Though, in ARTHUR NWANKWO v THE STATE (1985) 6 NCLR 228, the Court of Appeal struck down on the offence of sedition, and held that Sections 51 and 52 of the Criminal Code dealing with sedition, are inconsistent with Section 36 of the 1979 Constitution (now section 39 of the 1999 Constitution), nevertheless, the law remains in the statute book and several Nigerians have been charged for sedition. The Supreme Court, is yet to pronounce on the matter. Even though it appears that spreading fake news can be regarded as a limitation to right to freedom of speech, it must be noted that the process of limiting freedom of expression (or any other human right), is not a blank cheque for dictators to terrorise the populace, hiding under the thin guise of subjective national interest. The Role of the Courts in Freedom of Matters It is duty of the Court to ensure the protection of the fundamental rights of the citizens, and, in appropriate cases, to balance the conflicting interests of the parties involved. This was confirmed in the case of OLAWOYIN v ATTORNEY-GENERAL OF NORTHERN NIGERIA (Supra), where it was held that, the courts have been appointed sentinels to watch over the fundamental rights secured to the people of Nigeria by the Constitution and to guard against any infringement of those rights. Similarly, Ayoola JSC, in MEDICAL AND DENTAL PRACTITIONERS DISCIPLINARY TRIBUNAL v OKONKWO (2002) AHRLR 159, declared that, the courts are the institution society has agreed to invest with the responsibility of balancing conflicting interests, in a way as to ensure the fullness of liberty without destroying the existence and stability of society itself. In balancing the conflicting interests between freedom of expression and the protection of the public from

fake news, the courts would normally proceed from the principle that the right to freedom of expression, being a fundamental human right, must be given preferential protective consideration; and any claim to its restriction or derogation, must be construed strictly. The European Court on Human Rights confirmed this approach in the Sunday Times Case (The Sunday Times v United Kingdom, Judgement of 26 April, 1979, Series A no. 30s), when it ruled that, where the principle of freedom of expression is subject to a number of exceptions, such exceptions must be narrowly construed. For instance, a Plaintiff in an action for defamation, must satisfy the court that he is entitled to invoke the exception, to restrict or curtail the Defendant’s fundamental right to freedom of expression. This is why he bears the burden of proving the requisite ingredients constituting the tort of defamation. The courts in Nigeria have always exhibited great courage, even during military regimes, in the discharge of its judicial functions, particularly in balancing competing interests and ensuring that justice is done to the parties. Conclusion and Recommendations Generally, the enforcement of fundamental rights, which includes the right to freedom of expression, is usually given paramount consideration by the courts in Nigeria. Indeed, the courts have a duty to ensure that the fundamental rights of the citizens are upheld and protected at all times, and are not whittled down except by the exceptions and provisions clearly enacted or identified in the Constitution itself, or in existing statutes, or regulations which are not in conflict with the Constitution. One of the recognised exceptions or restrictions to the right to freedom of expression, is the right to the protection of the gullible and unsuspecting members of the society from fake news. A person will therefore, be liable, if in the course of exercising his right to

“THERE IS NO SUCH THING AS ABSOLUTE FREEDOM, TO EXERCISE A FUNDAMENTAL RIGHT.... ACCORDINGLY, THERE ARE LIMITATIONS TO THE RIGHT TO FREEDOM OF SPEECH....FREEDOM OF SPEECH DOES NOT EXTEND TO ‘FALSELY SHOUTING FIRE IN A THEATRE AND CAUSING A PANIC’ ”

freedom of expression, he infringes the right of others by spreading fake news. However, it seems that fake news on its own, is not an offence punishable under any known law. For a victim of fake news to succeed, it is advisable that he brings an action for defamation. The law of defamation aims at promoting the interest of mankind, and enhancing the dignity of the human person. It introduces discipline and self-control into the system, and prevents the abuse of the right to freedom of expression. Though the threat of liability for defamation may have a freezing effect on freedom of expression, the resultant discipline in the society and respect for the rights of one another, would help in maintaining social cohesion and stability for the overall development of the society. Merely disseminating information which is later discovered to be fake, may not necessarily constitute a limitation to the constitutional right to freedom of expression, because there was no intention to mislead or bring into disrepute, the reputation of others. It is important to stress that, since the majority of Nigerian citizens are still ignorant of their rights, it has become necessary for the government at all levels, with the active support of Non- Governmental Organisations (NGOS), to embark on intensive programmes aimed at enlightening the citizens, not only on their fundamental rights, which include the right to freedom of expression, but also on their right to the protection of reputation. An enlightened society where people know their rights and respect the rights of others, would certainly be more conducive for social, political and economic development. Misinformation and fake news, pose a huge threat. Hundreds of years ago, Mark Anthony committed suicide, following misinformation. Today, with the advent of the internet and social media, it is easier than before, to spread fake news to a much larger audience. The new platform of social media, does not distinguish fact from fiction. Also, social media offers almost zero verification clues, blurring the lines between what is real and what is fake. This underscores the dire need for fact checkers. Already fact checking sites such as Snopes.com and FactCheck.org, have posted guidelines to spotting and avoiding fake news websites. Similarly, Facebook and Google, are also taking steps to combat fake news. In April, 2017, Jimmy Wales announced Wikitribune, a new online fact checking tool. These efforts need to be consolidated, to combat the menace that is fake news on social media. As the saying goes, my liberty ends where yours begins. So, one man's right cannot be exercised, without any regard for the rights of others. There is no such thing as absolute freedom, to exercise a fundamental right. After all, the same measure of human rights, is vested in all human beings who must co-exist in any society. Accordingly, there are limitations to the right to freedom of speech. As Oliver Wendell Holmes, Jr. rightly pointed out in Schenck v U.S., freedom of speech does not extend to ‘falsely shouting fire in a theatre and causing a panic’. The End.

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Introducing the 2019 Lagos State Folabi Kuti, Efe Etomi and Elvis Asia, take a critical look at the new 2019 High Court of Lagos State Civil Procedure Rules and Practice Directions, which came into effect on January 31, 2019, it’s improvements, innovations and pitfalls, comparing it to that of 2012

L-R: Hon. Alogba J, Chairman of Rules Committee, Chief Judge of Lagos State, Hon. Justice Opeyemi Oke, Hon. Candide Johnson J, Chairman of the Backlog Elimination Program, Hon Okuwobi J, Admin Judge, Ikeja and Solicitor-General, Lagos State, Mrs. Funlola Odunlami, at the launching of the 2019 High Court Rules & Practice Directions at the Conference Room, High Court, Ikeja recently

Reﬂections on the New High Court of Lagos State (Civil Procedure) Rules 2019 Folabi Kuti ‘The Overriding Objective now made Operative Part of the Rules’

ith the coming into effect of the 2012 High Court Civil Procedure Rules, this commentator, in a critique titled ‘Some Reflections on the new High Court of Lagos State (Civil Procedure) Rules 2012, had cause to remark inter alia: ‘One significant point to note though, is that the ‘overriding objective’ is now explained in the preamble to the Rules. It thus appears to have now been taken out of the operative provisions of the Rules as a preamble, and is strictly speaking, not part of an enactment. The High Court Rules, is a subsidiary legislation on procedure. Comparatively, the 2004 Rules have the ‘overriding objective’ stated and enacted as an operative aspect of the Rules in Order 1 Rule 1(2). The law concerning the restrictive use that may be made of a preamble as an aid to construing the enacting provisions, has been well stated in the following (foreign and local) cases: A-G v Prince Ernest Augustus of Hanover (1957) A.C 436, at p.467; David-Osuagwu v A-G Anambra (1993) 4 NWLR Pt. 285 P.13 at 64; Ogbonna v A-G, Imo State (1992) 1 NWLR (Pt.220) 647) (See in particular the leading judgement delivered by Nnameka-

Agu, J.S.C in the case of Ogbonna v A-G, Imo State (supra)). The purpose of the preamble in a statute or written document, is to clarify any ambiguity in the words used in the enacting part. A preamble needs not be looked at all, if the enacting part is unambiguous. Lest I am accused of trying to make an anthill out of a molehill (or, is it ‘mountain out of a molehill’?), I would be quick to offer that, the unintended effect of this is that the ‘overriding objective’ is relegated to the background, merely as an aid to construction/interpretation, which of course was not the thinking when the objective was first introduced into the Rules in 2004. The ‘overriding consideration’, must not be seen as an idle canon of interpretation. It has to be made part of the Rules. This is certainly not, the raison d’etre of the Rules. It is, with respect,

“THE SET OBJECTIVE OF DEALING WITH CASES WITH REASONABLE SPEED AND SHORTENING THE TIMESCALE OF LITIGATION, MUST HAVE INFORMED THE FURTHER OBJECTIVE OF THE RULES....”

a rule of adjudication (well, as prescribed by this ‘handmaiden of justice’). As many readers will know, the English CPR (the White Book), has a similar provision: ‘the overriding objective being to aid the courts in giving a purposive meaning/interpretation to any Rule being interpreted”. The emphasis is on ‘any’, and not when there is ambiguity. In a legislative sentence, “any” is used to indicate that there are no qualifications or limitations. Put simply, there is a world of difference between when the overriding objective provides a compass to guide the courts at all times, as opposed to when it shall provide a compass only when there is an ambiguity. Suggestion: Arguably, the stated objective of all these reforms, is to have the ‘mission statement’ guide the civil courts in everything they do. Thus, as minute or insignificant as the point of having the ‘overriding objective’ enacted as a specific rule may appear, there is a need to consider this closely. This may even be achieved, by enacting a rule which affirms and declares the preamble as an operative part of the Rules.’ The concern expressed above did not prove altogether misplaced, as the poser whether the overriding objective was meant to displace the clear, expressed intent in the operative part of the Rules (the various Orders), drew more than a passing interest in at least one unreported decision of the High Court of Lagos State. Thankfully, the overriding objective of the Rules; its purpose to improve access to justice and reduce the cost of litigation in our peculiarly delay ridden justice system, has now been enacted. It is now expressly promulgated as Order 2 of the new High Court of Lagos State (Civil Procedure) Rules of 2019. The Rules has

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High Court Civil Procedure Rules its operative date as the 31st day of January, 2019. The set objective of dealing with cases with reasonable speed and shortening the timescale of litigation, must have informed the further objective of the Rules in (now) providing for the allotment of time to each case, bearing in mind the need to devote equal time to the cases within the heavy dockets of the court (Or. 2. r.1 (b). Failure to Comply with the Provision as to Front Loading shall Nullify the Action The High Court (Civil Procedure) Rules of Lagos State 2004, introduced the front loading system. In wide latitude, the 2004 Rules provided for nullification of actions filed without complying with any provision as to steps to be taken in commencing an action. The 2012 Rules were couched in similar terms, howbeit that they restricted nullification to a failure to accompany a writ of summons with a statement of claim, a list of witnesses to be called at the trial, written statements on oath of the witnesses (except witnesses on subpoena), copies of every document to be relied on at the trial and Pre-action Protocol Form 1. Both the 2004 and the 2012 Rules, however, contained a somewhat equivocal provision as per failure to comply with the front loading system. Both Rules, under Or.3 r.2 provided that ‘If the claimant fails to comply, the originating process shall not be accepted for filing by the Registry’ even when Or.5 r.1 of both Rules also specifies nullification for non-compliance with the provision as to front loading. In Spog Petrochemicals Limited & Anor v Pan Peninsula Logistics Limited reported in (2017) LPELR41853(CA), an objection was raised, inter alia, as to an inherent defect in the pre-action protocol form filed by the Claimant. The Court, amongst other reasoned answers to the main issues for determination, held that the provision of the Lagos Rules ‘did not say that failure to accompany a writ of summons with any one of the processes listed in Sub-rule (1) would render an otherwise valid writ incompetent...the provisions only provide that, where writ was not accompanied by all the processes listed therein, it shall not be accepted for filing by the Registry. However, once accepted and assessed by Registry of the Court and the requisite fees paid by the Claimant and duly filed, the consequence of any non-compliance with the provisions, cannot go to affect the validity and competence of the writ.’ (per Nimpar JCA). It appears the conclusion reached above, may not have been the intendment of the draftsman as to failure to comply with the provision of the Rules relating to front loading. The referenced provision of the 2004 and 2012 Rules, has now been deleted from the new Rules. In its place, Or. 5 r. 1(3) and r. 5(4) (on Form and Commencement of Action), specifically provide that failure to comply with the provision as to front loading shall nullify the action. This provision is consistent and repeated in Or.7 r. 1 (on Effect of NonCompliance).

are provided for in the ‘Expeditious Disposal of Civil Cases Practice Direction No. 1 of 2019’ and ‘Expeditious Disposal of Civil Cases Practice Direction No. 1 of 2019’, issued alongside/contemporaneously with the new Rules.

Lagos State Chief Judge, Hon. Justice Opeyemi Oke

“ALL SAID, THE NEW RULES, PREDOMINANTLY WELL-INTENDED AND DELIVERED, IS A WELCOME STEP IN RIGHTING SOME OF THE WRONGS WHICH HAVE SHOWN UP TIME AND AGAIN, OVER THE YEARS, WITH ITS PREDECESSOR”

Service by Electronic Means To paraphrase the Supreme Court in Esso West Africa Inc. v T. Oyagbola (1969) NMLR 19, in a progressive trend not to ‘shut its eyes to the mysteries’ of the computer age, Or.9 r.5, in allowing service by substituted means, specifically makes provision that ‘a Judge may upon application by the Claimant make such order for substituted service as may seem just, including service by electronic mails.’ Given the bare legislative intervention in this regard, little or no guide is, however, offered as to how proof of service by electronic means is to be shown.

having expressly enacted active case management as part of the overriding objectives of the new Rules, the hitherto recurring tautology in O.27 R. 13 of the 2012 Rules on power of a Judge in expediting proceedings, and Or.30 r.19, on when a Judge may strike out a matter for indolent prosecution, have now been deleted. A legal practitioner who neglects to give notice of an Order of Court (for interrogatories or discovery), shall be liable to ‘committal’ (O.29 R. 10), as opposed to the ambiguous sanction of ‘attachment’ used under Or. 26 r. 12 of the 2012 Rules. There is also clarity in the Order nisi, expressly forbidden in Rule 2 under Or.43 relating to ‘Motions and other Applications’, as opposed to the ambiguous evocation in precursor Or.39 r.2 of the 2012 Rules. Still on the front of elegant drafting and appropriate arrangement of subject headings, the provision of Or.9 r.16 on endorsements that should be made on a process for service outside jurisdiction, was inappropriately placed under ‘Form and Commencement of Action’ in the previous Rules of Court, most recent being Or.3 r.9 of the 2012 Rules. Now, appropriately placed under ‘Service of Originating Process’ in Or.9 r.16 of the 2019 Rules.

Clarity, Precision and Unambiguity - Improved Readability Commendably, the 2019 Rules has improved, and with abundant clarity, the drafting of draftsman’s intendment in many of the hitherto imprecise words, terms or intent. This is especially so, in provisions relating to ‘Parties’ (Or. 15), ‘Pleadings’ (Or.17). Ditto Or.22 on ‘Default of Pleadings’, Or. 27 on ‘Case Management Conference and Scheduling’ and a new Or.28 dealing with ADR Procedures, whose provision was hitherto part of the preceding Order. The wordings of the new Rules are clearer, and there is a logical sequencing of conjunctive steps in a sub-paragraphing sequence. Superfluous provisions have been discarded. Where, for instance, O.5 occurring earlier had made clear provisions that an action cannot be defeated on account of technical defect as to form (time, place, manner), except for the express provision requiring strict provision with front loading, the draftsman, and rightly so, did not see the need to retain a tautologous occurrence repeating in the 2012 Rules under pleadings (Or.15 r.15) to the effect that ‘no technical objection shall be raised to any pleading on any ground of any alleged want of form’. Arguably in the same vein, the Rules

Realistic Costs/Default fees to deter delay, unwholesome practice(s) To make cost elements proportionate to the issues involved, the new Rules has increased costs for filing documents that are not necessary in a notice to admit or produce documents, from N5,000.00m–Or.19 r.5-2012 Rulesto N10,000.00- O.21 r.5. Failure to amend originating process or pleadings after the time-span specified in an ensuing order of court, shall now attract a fee of N1,000.00 for each day of default (Or 26. r.4 -2019 Rules), as opposed to the old regime of N200.00 for each day of default (Or.24 r.4-2012 Rules). Similarly, default in performing an act within the time authorised by the Judge or under the Rules which was penalised with N200.00 for each day of default under Or.44 of the 2012 Rules, is now to be penalised with the payment of N1,000.00, for each day of default, at the time of compliance under Or. 48 r.4 of the 2019 Rules. Still on costs, the extensive and elaborate provisions on a realistic cost regime under Or. 49 of the 2012 Rules, is again repeated in O.54 of the 2019 Rules. To be sure (that proportionality is the hub of the new costs rules), realistic costs elements ranging from N100,000.00 to N250,000.00,

Other New/Novel Provisions O.25 on ‘Withdrawal or Discontinuance’ has a new provision in r.4, that a Claimant may even withdraw an action where trial has commenced, and the Judge, consequentially, shall enter an order dismissing the claim, wholly or in part. This is consistent with the holding, though not so definitively and specifically by the Supreme Court, in Rodrigues & Ors v The Public Trustee & Ors (1977) 11 NSCC 148. There is a new provision, as to timeline for taking step(s). Issues of facts in dispute are to be filed within 14 days after close of pleadings (Or.30 r.1(1) 2019 Rules, as opposed to 7 days (O.27 r.1(1) 2012 rules. A written address is now limited to 20 pages, and 5 pages for reply on points of law (Or.35 r.3 (3)2019 Rules. The summary judgement procedure that has always worn the moniker of O.11 procedure will, by the new arrangement of the provisions of the Rules, become known as the ‘O.13’ procedure. In what markedly appears to be a recognition of the complexity around probate practice, especially the maze around the somewhat lumbering movement of activities at the Registry, there are self-explicit /illustrative forms in the Schedule to the Rules, that is, ‘Probate Form 1 – Application for Grant of Probate’, and ‘Probate Form 2 - Application for letters of Administration (without Will)’, to aid better comprehension of the requirement in Ors. 61-64 on Probate and Administration. The Rules – the Pitfalls As is not uncommon with every human endeavour, the new Rules is not without its own shortcomings. To highlight a few, there is a superfluous provision of Or.1 r. 2 on ‘Interpretation’ expressly stipulating that a written statement on oath not made in English Language, shall be accompanied by interpretation thereof in English Language. This is needlessly repeated verbatim as Or.37 r.10 (under provision relating to ‘Affidavits’). There are also avoidable clerical, textual and typographical errors. Some of these have the unintended effect of altering the intended meaning of the text, where they occur. Or.5 r.6 dealing with the step(s) parties are expected to take with regard to a transferred matter, stipulates that there should be ‘compliance with Order 4 rules 1 and 42’. There is no Order 4 r. 42, as Order 4 of the Rules does not number beyond r. 3. The printer’s eye, unlike the devil’s, is never in the details: there is a double comma occurring in Or.30 r.5(1). It is ‘written statements on oath of witnesses’ that accompanies the statement of claim (Or.5 r.1(2), but the same process is referred to as ‘deposition’ with reference to when it accompanies a statement of defence (Or.19.r.1(b). Lest the manifest purpose become distorted, and an unintended interpretation is assumed there, it makes for elegant drafting to be consistent and clear, in referring to the same process occurring within the enactment. ‘Within days’ or ‘after service’? The Rules of Court (the precursor 2004, 2012 and now, 2019), all repeat the same drafting error- failing to make clear the possible divergence of meaning between the phrases ‘within days’ and ‘after service’ used within the context of when a/party is expected to take a step, in response to a process served on him. Take, for instance, a Defendant is expected to file a statement of defence and other front loaded processes not later than 42 days after service on him of the Claimant’s originating process (Or.15 R1 (2)- 2012 Rules). Under the 2019 Rules, the same expectation exists, howbeit ‘within 42 days of receiving’ the Claimant’s originating process etc (Or.17 r. 1(2). Under Or.17 r.16 (2012 Rules), a Respondent to an Originating Summons shall do same within 21 days after service of the Originating Summons. This is repeated in Or. 19 r.16 of the 2019 Rules. The practical effect of a choice of language that leaves room for diverse interpretation, is more fanciful technical objections – whenever counsel can whip up a compelling (and more often than not, self-serving) construction. All said, the new Rules, predominantly well-intended and delivered, is a welcome step in righting some of the wrongs which have shown up time and again, over the years, with its predecessor. However, with the passage of such a significant amount of time since the enactment of its predecessor, there are no revolutionary take-aways here. It is thus, a case of incremental advancement. It may not be too long, before more of the same is required. Folabi Kuti, Legal Practitioner, Partner, Perchstone & Graeys

14/ REFLECTIONS

05.02.2019

Highlights of the 2019 Lagos State High Court Civil Procedure Rules and Practice Directions Efe Etomi & Elvis E. Asia

he Nigerian court system today, is simply unbelievable. The congestion, administrative bottlenecks and the procedural pranks of legal practitioners, are shocking. The court system, has simply failed to prioritise dispute resolution. The resources of Lawyers and the Judiciary are often dissipated on mundane procedural matters, which have no business with resolution of real issues between litigants. Many litigants have justifiably lost faith, in the judicial system. It is against this background, that the 2019 Lagos State High Court Civil Procedure Rules (LCPR), was anticipated to solve the myriads of procedural issues in dispute resolution. Attempt has been made to solve these problems, and in particular, the rules were re-arranged and simplified. The Rules substantially mirrors international best practices, in dispute resolution. Below are some of the innovations of the rules: 1. Pre-Action Protocol: Practice Direction No. 2 sets out mandatory preliminary steps that must be taken, before maters are instituted in Court. The rules require that before an action is instituted, there must have been attempts at settlement. The intending Claimant, must prepare and send a memorandum of claim setting out the details of the claim, and make a proposal for the settlement of the dispute through the use of Alternative Dispute Resolution mechanisms. The party against whom the claim is made (Respondent), must send his response within 7 days, and also make proposal for settlement. Where he fails to do so, the Claimant shall send a reminder giving additional 7 days to respond. The rules contains details of pre-action protocol steps for various matters like defamation, mortgages, land matters, debt recovery, and recovery of premises. Part of the innovation of the rules, is that it allows litigants to seek pre-emptive remedies like injunctions, before a formal action is filed, to prevent irreparable damage or serious mischief. The procedure is by filing the memorandum of claim, together with an ex parte originating application. A party who wishes to institute an action, must file Pre-Action Protocol form 1, together with Pre- Action Protocol Bundle containing correspondence exchanged between the parties, and cogent evidence that ADR has been considered. Unlike the old rules, there are stringent penalties for failure to comply with Pre- Action Protocol or the settlement procedure, under the pre-action protocol. Under Order 5 Rules 1(2) (3), 5 (3), (4), and Order 7 Rule 1 of the main Rules, non- compliance nullifies the proceedings. This is obviously a shift from the decision of the Court of Appeal in Spog Petrochemicals Limited & Anor v Pan Pennisula Logistics Limited where it was held that, once the originating process is accepted for filing, the non-compliance cannot defeat the action. Failure to comply with the timelines in Pre-Action Protocol, shall attract a daily default fee of N1,000, in favour of the other party. On the other hand, failure to comply with settlement procedure under the pre-action protocol or

the directive of the court referring parties to ADR, shall attract costs of N100, 000 on the party insisting on trial. 2. Substituted Service: Substituted service can now be done via electronic mails. See Order 9 Rule 5(1). 3. Close of Pleadings: Pleadings are deemed closed, when the Defendant fails to file defence within 42 days. This was absent in the old rules. See Order 17 Rule 18. 4. Withdrawal of Action at Trial: Order 25 Rule 4, allows a Claimant to withdraw his claim after trial has commenced. Such an action, will be dismissed by the court. This is substantially in consonance, with what obtains in practice. It will however, answer the question of what stage a matter would get to before a dismissal order can be made, when the Claimant or Counter-Claimant, seeks to discontinue the action. Under the rule, dismissal can only be possible when trial has commenced. 5. Backlog Elimination Programme (BEP): One of the strategies for the expeditious disposal of civil cases, is the BEP. Under this program, the Chief Judge (CJ) shall designate cases which have remained undecided for a minimum period of 5 years before 14th January, 2019 (Practice Direction No. 2), as ‘Backlog’. Upon designation by the CJ as a Backlog, the Registrar shall issue a notice to the Claimant, to show cause why the case should not be struck out. The notice shall be sent to the email address provided. The Claimant must respond within 14 days, by filing a notice of discontinuance, giving notice that the matter has been settled, or intention to settle, or by filing application to set the matter down for trial. Where the court determines during compulsory case management conference that the matter can only be resolved by court proceedings, it shall direct the parties to file a joint trial plan within 14 days, and issue procedural timetable after considering the plan. Failure to comply with the timetable may lead to a default judgement, or a striking out of the case and costs of N50, 000 or N100,000 depending on the circumstances, disciplinary report against

“THE LCPR IS A GIANT LEAP, IN THE DRIVE TOWARDS QUICK DISPENSATION OF JUSTICE....THE INTRODUCTION OF REASONABLE COSTS AND DEFAULT FEES, WILL SUBSTANTIALLY PREVENT SPURIOUS AND VEXATIOUS CLAIMS, AND CURB CALCULATED DELAYS BY LAWYERS”

counsel etc. Trial shall be from day to day. In order to resolve the matter, the direction mandates the use of ADR processes, and allows the parties to agree to a trial by ‘documents only’. Court may order costs not less than N250,000 for non-compliance, where it discovers that the matter could be resolved by ADR, and the other party was unwilling to settle. 6. Transferred Cases: The rules require that, where a matter is transferred from other courts to the Lagos High Court, any of the parties shall re-file the action in compliance with Order 4. 7. Alternative Dispute Resolution (ADR) Proceedings: Order 28 is a new provision, on ADR. The order applies to matters screened for ADR, matters referred to ADR during CMC, and applications for enforcement of arbitral awards. Interestingly, the rule provides that, the mode for enforcement of arbitral awards and other steps in arbitration, is by originating motion on notice. Under the old rules, it could be by motion on notice. See Order 39 Rule 4, of the old rules. Order 28 Rule 4, stipulates 3 months within which an application may be made to set aside or remit an award, and that the period may be extended by the court. It is submitted that, this can only apply to awards not made under statutory provisions like the Arbitration and Conciliation Act. See Dunlop Plc (Now DN Tyre & Rubber Plc) v Gaslink Nig Ltd (2008) LPELR43642. 8. DiligentProsecution: Order 34(3)reenacts the provisions of Order 27 Rule 13 and Order 30 Rule 19 of the old rules, on diligent prosecution. In addition, the rule provides that, where a matter is pending and no application is filed or proceedings held within 12 months, the matter shall be struck out. 9. Filing of Written Address: Written addresses cannot exceed 20 pages and reply on points of law, 5 pages, without the leave of court. There was no limitation in the old rules. See Order 35 Rule 3. 10. Interpleader: The Rules retained the old provisions on interpleader summons, but adds that, if Claimant fails to appear to maintain his claim upon being served with a summons, the Judge may make an order declaring him and all persons claiming under him, perpetually barred against the Applicant. See Order 47 Rule 8. Rule 9, gives the court the powers to order costs. 11. Default fees have been increased to N1,000 as against N200, in the new rules. See Order 48 Rule 4. Costs have also been increased. These are desirable to stem the tide of deliberate delays in the judicial process, and are in line with international best practices.

12.Fast Track Procedure: the Fast Track Court is ‘created’ to hear matters involving claims of not less than N100 million mortgage transaction, charge or other securities commenced by writ of summons. Fast track for a liquidated claim involving a Claimant who is not a Nigerian or resident in Nigeria, has been removed from the rules. A Claimant or Counter-Claimant, is no longer required to make application to the Registrar for fast track, as it was in Order 56 of the old rules. Various times for filing processes are abridged to meet the objective of the rules, which is to reduce the time spent on litigation, to a period not exceeding 9 months- Order 59. Specifically, in fast track cases, a Defendant is expected to file a defence within 30 days, and not 42 days, under the old rules. 13. Proceedings in Revenue matters: The rules retained provisions on revenue matters. In addition, all matters involving revenue, now qualify for fast track. In tax cases, the Petition for recovery shall now be accompanied with a certificate issued pursuant to Section 78(3) of the Personal Income Tax Act. The rule also allows the Respondent to pay instalmentally, where he is not disputing the claim. The timelines for disputing the claim and filing replies, have been reduced. See Order 60. 14. Administration of Estate: Penalty for failure to file the annual account of administration of estate, has been increased to N100,000 annually. Also, penalty for intermeddling with an estate, is increased to N500,000 from N50,000. See Order 61 Rules 16 and 17. There are other costs and penalties, in line with the drive to use costs to reduce frivolous and vexatious applications and actions. The LCPR is a giant leap, in the drive towards quick dispensation of justice. Pre- Action Protocol formalities and the BEP, are commendable and revolutionary in justice administration in Nigeria. The introduction of reasonable costs and default fees, will substantially prevent spurious and vexatious claims, and curb calculated delays by Lawyers. It is hoped that, Lawyers will key into the system designed by the rules. No matter how beautiful the rules of court are, the present attitude of Lawyers, will not make it work. Lawyers must, as a matter of urgency, get back to the business of resolving real disputes which is the objective of this rules. Efe Etomi, Partner, and Elvis E. Asia, Chief Rotimi Williams’ Chambers, Lagos

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Can the SC/NJC Separate Buhari from Justices Onnoghen/Muhammad?

he controversy over the suspension of the Chief Justice of Nigeria, Hon. Justice Onnoghen by President Buhari assumed another dimension last week, with two separate, but interrelated developments: a suit reportedly filed by the Senate at the Supreme Court to challenge it, and the 7-day ultimatum issued by the NJC to both the CJN and his stand-in, Justice Muhammad, to respond to petitions of misconduct levelled against them. The former development supposedly compelled the Upper House of the National Assembly, to defer consideration of the matter in a plenary session, as it ordinarily would have done. Unfortunately (or, fortunately, depending on which side of the debate you are on), the Senate Leader (the leader of the majority party in the Senate, the All Progressive Congress (APC)), Distinguished Senator Ahmed Lawan, promptly issued a press statement, in which he distanced the APC caucus from the move. According to him, the matter was never discussed by the Senate as a body and, accordingly, no resolution was passed by the Senate to authorise it. So, who gave the instruction to do so? That is the question. Clearly, the disclaimer by the APC Senate caucus, has thrown a spanner in the works, and directly questioned the validity of the suit. At the risk (once again) of breaching the sub judice rule, one cannot but wonder about its credibility. Assuming that it was duly authorised by a valid resolution of the Senate, what happens to the plethora, at least 5 (at the last count) similar suits, currently pending in various courts on the issue? What is the legal position of such a scenario? As for the latter, I believe it raises a number of troubling questions: what are the prospects of the NJC being fair to either or both men, particularly Justice Muhammad? This question is pertinent, because of the structure and composition of the NJC. By virtue of Paragraph 20 of Part 1 of the Third Schedule to the Constitution, the CJN directly appoints fully 19 out of the 25 members of the NJC. Of the remaining 5, they consist of the CJN himself (who is the Chairman), the Acting CJN, (the Deputy Chairman), the Chief Judge of the Federal High Court and the President of the National Industrial Court - two judges of which have issued separate orders in favour of the Justice Onnoghen, in relation to the allegations which the NJC is now investigating. Can the NJC realistically be expected to be fair to the Acting CJN, in the circumstances? Should anyone be genuinely surprised, if the NJC exonerates the CJN? It remains to be seen. Suffice it to say that, the Apex Court in LPDC v FAWEHINMI (1985) 2 NWLR pt. 7 pg. 300 @ 390, held that: “if there are any circumstances so affecting a person or body of persons called upon to determine the rights of fellow human beings, as to be calculated to create in the mind of a reasonable man, a suspicion of those persons’ impartiality, those circumstances in themselves and by themselves alone, are sufficient to disqualify the person or persons from

President Muhammadu Buhari

Hon. Justice Walter Onnoghen

Hon. Justice Ibrahim Tanko Muhammad

adjudicating”.

be invoked are spelt out, inter alia, in Section 2 and Paragraph 2 of the Schedule to the Act thus: “No legal proceedings shall be instituted by or on behalf of the National Assembly, except upon the resolution which has been passed by both Houses of the National Assembly by a simple majority of the members of each House present, and sitting at the time the resolution is put to vote”. Needless to say, only the Senate is involved in this situation. Accordingly, only a simple majority of Senators is required to approve its said litigation. The cracks in the Senate over such an approval, have obviously raised doubts about the trajectory of the suit. How far will it go? Only time will tell. Justice Onnoghen warned us not to engage in such speculation, a year ago. Suffice it to say that, in GANI v UBA (2000) FWLR pt. 13 pg. 2227 @ 2239B, the Court of Appeal held that “where there is non-compliance with a stipulated condition for setting a legal process in motion, any suit initiated in contravention of the precondition is incompetent, and the court is equally incompetent to entertain the suit”.

courts lower to the Apex Court who are handling the other suits, in an awkward position, as the Senate is, through its action, asking the Supreme Court to overreach those courts and resolve the self-same dispute over the heads of the latter, notwithstanding the fact that theirs were earlier in time. No value judgement on the propriety of this will be made, as it would be grossly inappropriate. Suffice it to say that, in REGD TRUSTEES OF THE LIVING CHRIST MISSION v ADUBA (2000) FWLR pt. 6 pg. 911, the Supreme Court held that, where two courts are faced with substantially the same questions, it is desirable that the questions are debated upon in only one of those courts. The Apex Court held further that, where two proceedings are pending simultaneously before Court ‘A’ and Court ‘B’, and the one in the former relates to a number of issues, only one of which is raised in Court ‘B’, it is preferable that the lone question in Court ‘B’ be determined by Court ‘A’, since a resolution by that court will dispose of all the issues, including the lone issue raised before Court ‘B’. Beyond this, more worrisome, in my view, is the undeniable fact that both the CJN and Justice Muhammad are colleagues of all the judges of the same Supreme Court, which is now tasked with determining their respective fates, if not professional careers. There is surely a sense, in which the Apex Court is being asked to choose its own head. Does the court have that power under the Constitution? It remains to be seen. Besides, it cannot be seriously argued that all the serving Justices of that August body, are already familiar with the details of matter with which they are now directly confronted. This is clearly undesirable, because the Apex Court itself has held that, foreknowledge of the facts of a case disqualifies a court, on the ground that it is likely to influence his or her mind. See ADIGUN v ATT-GEN. OF OYO STATE (1987) 1 NWLR pt. 53 pg.678 @ 724.

Basis of the Senate’s Intervention The Senate apparently filed the case, to assert its position under Sections 231(1) and 292(1)(a) (i) of the 1999 Constitution, which confer it with the power of confirming the appointment or removal, respectively, of the Chief Justice, amongst other judicial officers. That is fair enough: any attempt to by-pass the Senate in the circumstances contemplated by those constitutional provisions (as is clearly the case with the suspension of the CJN), would suggest a prima case of breach of, at least, the latter. But, why the Supreme Court? This is the million-naira question! This poser is not unwarranted, and is prompted by the fact that, the Supreme Court is ordinarily a court of last resort, the final court in the judicial hierarchy, which only acts after other courts lower than it have had their say, and the loser exercises his or her right of appeal thereto. This is, indeed, the case by virtue of Section 233 of the Constitution. However, the Apex Court does have a limited original jurisdiction under Section 232(1) of the Constitution to adjudicate over disputes “between the Federation and a State or between States”. Strictly speaking, therefore, the ongoing controversy over the CJN’s suspension, would appear to be unprovided for under the Constitution, at least, as far as the original jurisdiction of the Supreme Court is concerned. However, Section 1(1)(a) of the Supreme Court (Additional Original Jurisdiction) Act, 2002, confers the Supreme Court with original jurisdiction in respect of “any dispute between the National Assembly and the President”. The conditions under which this jurisdiction may, however,

What about the other pending litigation? This is yet another dimension to the matter. The Senate did not initiate any of the other 5-odd pending legal challenges, to Justice Onnoghen’s suspension. Four of them are on-going at the Federal High Court, the High Court of the FCT, the National Industrial Court, and the Code of Conduct Tribunal - whilst an appeal from the last is pending at the Court of Appeal. Notwithstanding the similarities of their subject-matters (and the said provisions of Section 1(1)(a) of the Supreme Court (Additional Original Jurisdiction) Act), the Senate’s case at the Supreme Court is somewhat incongruous. This is because, it puts the other

“SELDOM IN OUR CONSTITUTIONAL HISTORY, HAVE ALL THREE ARMS OF GOVERNMENT – THE EXECUTIVE, THE JUDICIARY, AND THE LEGISLATURE – BEEN LOCKED IN SUCH A SEEMING BATTLE FOR SUPREMACY”

Conclusion Seldom in our constitutional history have all three arms of government – the Executive, the Judiciary, and the Legislature – been locked in such a seeming battle for supremacy. In this unique three-cornered face-off, all bets are off. Who blinks first?

5 ) * 4 % ": t TUESDAY, FEBRUARY 5, 2019

T H I S D AY Ëž ÍłËœ 2019

BUSINESSWORLD

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

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Quick Takes Kachikwu Bags PTI Award

LEADERSHIP FORUM

L-R: Chief Executive, Stanbic IBTC Bank, Dr Demola Sogunle; Founder, Pearls African Youth Foundation, Mrs Abisoye Ajayi-Akinfolarin; Chief Executive, Stanbic IBTC Holdings Plc, Mr Yinka Sanni; Movie Director, Kemi Adetiba and CEO, Farmcrowdy, Mr Onyeka Akumah, at the 2019 Stanbic IBTC Youth Leadership Series, in Lagosâ€Śrecently

â€˜Why Itâ€™s Difficult for NNPC to Raise Private Capitalâ€™ Stories by Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) is finding it difficult to access funds from private investors to undertake most of its oil and gas operations because it is unable to show that it is transparent, efficient in corporate governance and can make good returns on its investments, the Nigeria Natural Resource Charter (NNRC) has alleged. The NNRC which is the Nigerian version of a global initiative designed to help governments and societies effectively harness opportunities created by their natural resources, explained this in a policy brief from its 2017 Benchmarking Exercise Report (BER) made available to THISDAY. According to report titled: â€˜reforming NNPC towards operational efficiency and commercial effectiveness,â€™ the corporation has largely failed to convince private investors of its commitment to corporate

ENERGY governance and commercial efficiency, in addition to failing to as part of standard practice, open its books for public scrutiny. The NNRC said while the corporation needs at least $9 billion annually to fund its operations, it has however failed to get the money from governmentâ€™s funding windows, and private investors who reportedly do not trust its commitment to corporate governance. â€œThe combined effect of low transparency and accountability, ineffective corporate governance, and commercial ineffectiveness among others may explain the inability of the corporation to attract sufficient funds and have a workable funding mechanism for its operation over the years,â€? said the NNRC. It explained: â€œA successful financial drive for the corporation strongly hinges on restructuring and strategic positioning that imbibes unalloyed transparency and accountability on one hand, and commercial effectiveness on

the other. Open and transparent operationalisation in NNPC would foster investorsâ€™ confidence in the oil and gas sector.â€? This, it said would attract substantial resources into the corporation, facilitate expansion and global competitiveness of the NNPC. It said although the NNPC had shown tremendous efforts towards restructuring and improved performance, certain events and practices have robbed it of the benefits inherent in effective corporate governance. â€œOn a note, there is the obvious muddle of the corporationâ€™s business roles with regulatory functions â€“ the latter is unambiguously within the purview of the Department of Petroleum Resources (DPR). Nonetheless, NNPC is observed to discharge regulatory roles when interacting with the International Oil Companies (IOCs). â€œThis limits the power and functions of the DPR, the designated regulatory body in the oil and gas sector â€“ the

resulting conflict and confusion arising therefrom hinder effective performance of the oil and gas industry. â€œThe Petroleum Industry Governance Bill (PIGB), which failed to get presidential assent after being passed by the National Assembly, is one of the measures that sought to address this concern,â€? added the brief. To deliver the best results to the country, the NNRC said NNPCâ€™s corporate governance structure would have to limit political interference in technical decision-making, while allowing for effective oversight. It noted that incessant political interference in recruitment into top hierarchy positions of the corporation was detrimental to policy consistency and stability in the corporation as well as limiting to the effective operation of the board of directors. â€œAlso, at the heart of corporationâ€™s effectiveness lies its struggle to key into commercially-effective principles Continued on page 24

Experts Fault FG on Continued Gas Flaring in Niger Delta The federal government has been blamed for Nigeriaâ€™s continued flaring of gas produced from oil fields in the Niger Delta. According to experts which included a former chair of the Nigerian Electricity Regulatory Commission (NERC), Mr. Ransome Owan, the government has continuously failed to show the level of commitment and leadership required to end gas flaring in the country. Owan, and others said this at the just concluded second edition of the annual Nigeria International Petroleum Summit (NIPS) in Abuja. Their views were agreed to by the Nigerian National Petroleum

ENERGY Corporation (NNPC), that there was a lack of commitment to end gas flare, but not on the part of the government. The NNPC, however, blamed domestic gas buyers, especially the power sector, for the slowdown in gas consumption and deepening of gas utilisation in the country. Owan in his contribution, disclosed that gas flare have persisted in Nigeria because there were no commitment to end it. He noted that there are presently no infrastructure to

harvest gas in most of the oil fields in the country, adding that this was a major influencer for gas flaring. Nigeria, Owan added had not been able to effectively utilise the West African Gas Pipeline (WAGP) to evacuate gas to Ghana and other countries along the pipeline route. He noted that this might negatively affect the countryâ€™s quest to supply gas to Europe through the proposed Nigerian-Morocco gas pipeline project. Equally speaking, Mr. Dayo Adeshina, who is the Programme Manager, National Liquefied Petroleum Gas Expansion Plan, lamented that there was a huge

disparity in LPG supply in Nigeria, noting that the Nigerian Liquefied Natural Gas (NLNG) presently supplies LPG to three main terminals in Lagos, while majority of LPG consumed in the country are transported to remote locations through roads by trucks. Adeshina, called for the setting up of the necessary infrastructure to deepen LPG penetration across the country to boost gas utilisation. But the Chief Operating Officer, Gas and Power of the NNPC, Mr. Saidu Mohammed, argued that gas producers and Continued on page 24

The Minister of State for Petroleum Resources, Dr. lbe Kachikwu, has been conferred with the Petroleum Training lnstituteâ€™s (PTI) Life Recognition Award, in recognition of his exemplary leadership, uncommon feats in nation building and developmental initiatives toward the sustained growth of the nationâ€™s oil and gas sector. The award was also in appreciation of the advancement of high and qualitativetrainingofcompetenttechnicalmanpowerandinfrastructural revolution at the PTI. Presenting the award during the launch of Project 100 held at the Petroleum Technology Development Fund ( PTDF) in Abuja recently, the Principal and Chief Executive of PTI, Prof. Sunny Iyuke, said the Minister of state for Petroleum Resources was honoured as a result of his hard work, selďŹ‚ess service to the oil and gas sector and his untiring eďŹ€ort to repositioning PTI to be on the global map of technological institutions. Acceptingtheaward,Kachikwusaid: â€œldedicatethisaward to President Muhammadu Buhari for the opportunity given to me to serve in this capacityâ€?. Speaking further, Dr.Kachikwu who paid tribute to the council, management and staďŹ€ of the PTI for discharging its mandate of developing competent technical manpower for the oil and gas sector, acknowledged that the appointment of Iyuke was a step in the right direction. He expressed conďŹ dence that lyuke would transform the institute to be a global player in oil and gas and urged the principal to keep up the good work. He noted that President Muhammadu Buhari has not had cause to complain about poor performance at PTI.

FinTech Awards Calls for Entries

Organiser of the Nigerian FinTech Awards, an integral part of the weeklong Lagos Fintech Week, will recognise and reward innovation in the use of information technology in the ďŹ nancial industry as well those who have contributed to its success. A statement signed by chairman of the organising committee, Dr. Yele Okeremi, said there would be a total of over 13 diďŹ€erent award categories to vie for when the Nigerian Fintech Award comes up in Lagos, in April.The awards would promote the best research in Fintech inordertoencouragemoreďŹ ntechcompaniesandtechnologystart-ups to invest in research. According to him, the most important award at the event would be the Fintech Startup of the Year. He explained: â€œJudges seek a FinTech start-up business (business or core service launched in the past 18 months) that has disrupted the ďŹ nancial services sector with new and innovative services, created competitionandtransformedthewayweexperienceďŹ nancialservices.â€? Other award categories include Fintech leader of the year, Female Fintech leader of the year, Fintech Startup of the year, Fintech innovation in biometrics tool/cyber security platform, Fintech innovation in customer engagement and best Fintech-Bank collaboration of the year and others. The entry deadline is April 5, 2019.

Eatâ€™nâ€™go Among Inspiring Brands

Eatâ€™Nâ€™Go Limited, Nigeriaâ€™s master franchisee for one of the leading global Pizza companies - Dominoâ€™s Pizza and its two other brands, Cold Stone Creamery and Pinkberry Gourmet Frozen Yoghurt, have been recognisedbytheLondonStockExchangeGroup,asoneofthecompanies to inspire Africa in 2019. This was announced recently, in the second edition of the â€˜Companies to Inspire Africaâ€™ unveiled by the London Stock Exchange Group which held in London. The report highlighted leading private companies operating in Africa, which have the most inspiring stories and the strongest growth potential. The company was listed alongside seventy eight other companies in the consumer services category, and three hundred and sixty African companies across several sectors such as agriculture, ďŹ nance, health, education, renewableenergyandtelecoms.Commentingontherecognition,CEO, Eatâ€™Nâ€™Go Limited, Patrick McMichael said, â€œbeing part of organisations thathavecreatedsomuchimpactintheAfricaneconomyisamilestone achievement and we are proud to be recognized by the London Stock ExchangeGroupfortheworkthatwedo.Weunderstandtheuniqueness and dynamic nature of the Nigerian market and we have constantly ensured that we continue provide value to our consumers through our products and service oďŹ€erings.

â€œSo as the Meter Asset Provider policy kicks in, you are going to see a lot of employment opportunities, supply, installation, wiring and so on. So in essence, we will likely see again an economic renaissance in the electricity sub-sector just like you saw in the telecom sector in terms of telephone sets, repairs, vending and so onâ€?

Minister of Power,Works and Housing,

Mr. Babatunde Fashola

T H I S D AY ˾ ͳ˜ 2019

BUSINESSWORLD ‘WHY IT’S DIFFICULT FOR NNPC TO RAISE PRIVATE CAPITAL’

in its operations. Specifically, NNPC has not been incentivised to deliver commercially-viable services. “The corporation’s commercial and non-commercial functions are not well aligned and, in most cases, conflicting each other. For example, part of the non-commercial roles discharged by the NNPC is to ensure regular supply of refined petroleum products irrespective of the prevailing economic conditions. “This quasi-fiscal activity distorts market incentives and hampers its profitability and commercial viability – part of the explanation for the serial operational losses in the corporation,” it added. It thus recommended that the NNPC should specifically invest resources in income generating activities such as the rehabilitation and effective management of existing refineries, and should be encouraged by the government to do so, rather than financing the government’s mandate on subsidies. EXPERTS FAULT FG ON CONTINUED GAS FLARING IN NIGER DELTA

pipeline operators were committed to ending gas flaring by boosting gas supply. He specifically said that on an average basis, the NNPC supplies about 3.6 billion standard cubic feet (bscf) of gas daily to the NLNG, while it supplies about 1.3bscf to the domestic market daily, which would sometimes be utilised or ignored. “The liquidity issues of the Nigerian power sector is affecting everybody. The problem with the gas industry is the domestic market. The NLNG is doing well with gas and everybody down the chain in that line of business is happy. “To address this challenge, I am of the view that everyone should commit to contracts. It is becoming increasingly difficult for some buyers to abide by contractual terms in the domestic market and this should be addressed. Commitment to contract is what is moving the NLNG forward,” said Mohammed

Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

NEWS

‘4,000 Ariaria Shops No w Enjoy Constant Power Supply’ Chineme Okafor in Abuja The Rural Electrification Agency (REA) has disclosed that out of the 37,000 shops located within the busy Ariaria International Market in Aba, Abia State, 4,000 have been connected to clean, affordable and stable electricity generated from a 9.5 megawatts (MW) gas-based power plant built under its Energising Economies Initiative (EEI) by a private investor. It said other shops would be connected to the power system built by Ariaria Market Energy Solutions Limited (AMES), and recently commissioned by President Muhammadu Buhari. Over a one year period, the REA said the federal government supported EEI which it implements to ensure rapid deployment of off-grid electricity solutions to provide clean, safe, affordable and reliable electricity to economic clusters such as market places; shopping centres and industrial facilities, would assist over 80,000 shops, empower over 340,000 micro, small and medium enterprises, as well as create over 2,500 jobs with the initial 16 economic clusters while serving over 18 million Nigerians. It explained that Ariaria has 11 sections and over 37,000 shops with several trading activities including tailoring,

textile trading, leather works and footwear production, printing, fabrication of tools and mechanical parts, pharmaceuticals, adding that AMES was the Special Project Vehicle (SPV) set up to fully fund, construct and managing the plant. According to the agency, the Ariaria power system consists of a gas-fired power plant; an extensive distribution network and robust metering systems

for each shop. According to the agency, over 15,000 SMEs are currently receiving affordable and constant power supply to run their businesses, with the project reportedly creating 250 direct jobs and 370 indirect jobs already in the market. Speaking at the commissioning exercise, President Buhari said: “Jobs are created through

investment in projects like this. This project shows progress can be made irrespective of political difference.” Similarly, the Governor of Abia State, Dr. Okezie Ikpeazu said: “We all rallied around and said we must do the needful to give Aba the option of which power source to choose and this is far better than whatever they have seen before now. “I am happy to say that Aba

is perhaps one of the few places where we have had uninterrupted power which will scale up. With this initiative, there is a great change in business here in Ariaria market.” The Minister of Power, Works and Housing, Mr. Babatunde Fashola, also said the petrol generators used in the market would following the power project’s inauguration, go out of operation.

MEDIA BRIEFING

L-R: Marketing Manager, Specialised Products, Sterling Bank Plc, Daphne Akatugba; Divisional Head, Retail and Consumer Banking, Shina Atilola and Head, Value Chain Banking, Benedicta Sadoh, during a media briefing on ‘Specta’ held in Lagos…recently

Kachikwu: Africa’s Global Oil Exports to Rise by 15% in 2020 The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has said that hydrocarbon-rich African countries including Nigeria, would by 2020 see their oil production and net export to the world grow by 15 per cent. Kachikwu, also said that in the last five years, nearly 30 per cent of oil and gas discoveries made across the world were from Sub-Saharan African countries. According to him, by 2050, the continent’s oil and gas deposit would rise by 74 per cent, thus indicating that African oil producers would need to review their policy in the sector to make the most of the upcoming opportunities. Speaking at the second edition

of the Nigerian International Petroleum Summit (NIPS) in Abuja recently, Kachikwu, explained that Nigeria on its part had begun to initiate reforms to revamp its oil industry. He also called for a robust cooperation between African oil producers ahead of the projected changes. The minister equally called Africa’s oil producers to make their oil and gas resources work for the development of their economies and not just as revenue earners. “Africa today has enormous potential in hydrocarbon resources. Africa is home to several major petroleum producers which include Nigeria Angola, Libya and these are being joined by emerging producers, such as

Mozambique and Tanzania. The region’s existing energy resources are more than sufficient to meet its overall needs. “Africa offers tremendous potential for exploration, production and utilisation of natural gas reserves. The continent is set to be a hub for natural gas production and export with market potential in Asia-Pacific and Europe. “Africa’s place as a significant producer and net exporter of oil in the world is forecast to grow by 15 per cent by 2020 due to new discoveries in some SubSahara countries. In the last five years nearly 30 per cent of the world’s oil and gas discoveries were in Sub-Saharan Africa,” said Kachikwu. He further explained: “It is

estimated that Africa oil and gas will increase by 74 per cent by 2050. We need the right policies, the right partnerships and the right investments. And now is the only time. “The type of partnership needed is one that will create wealth and value in our continent. The oil and gas industry needs to become an enabler for Africa economic growth and not just a revenue earner. An economy is powered by adequate energy and moved by infrastructure.” Referring to Nigeria, he stated that the country’s petroleum industry was still critical to her economic development, adding that the government was taking up reforms which cut across every facet of the

industry, particularly to enshrine transparency and removes barriers to the participation of new small and big players through clear rules of engagement. “The benefits are clear to see, our new JV cash call arrangements and repayment plans has been successful and sustained enabling increased investment by operators. For the first time in a long time, all payments were made as agreed and as scheduled and all backlog payments are being repaid in accordance with agreed plans. “Part of our efforts for harnessing the currently 202 trillion cubic feet proven reserves is to boost gas supply to meet the extraordinary gas demand for power and commercial usage,” he noted.

exchange, job creation and reduction of import bills,” the statement added. The LCCI further stated that the automotive policy, in its current form is not sustainable and that it is also not in consonance with the Nigeria Industrial Revolution Plan (NIRP) which is the main industrial policy document of the current administration. “The truth is that, the high cost of vehicles has taken a toll on the economy, from a logistics point of view. Practically all aspects of our economic and social lives had been negatively

impacted by the situation. “This is because over 90 per cent of the country’s freight and human movements are done by road, which implies heavy dependence on cars, commercial buses and trucks. “Manufacturers and other real sector investors suffer from high cost of delivery vehicles, sharp increases in haulage cost because of the high cost of trucks; school buses have become unaffordable by many institutions; many hospitals cannot afford ambulances; many corporate organisations have drastically cut down on their fleet etc.

LCCI Faults Automotive Policy Jonathan Eze Five years after its la unch, the federal government automotive policy has failed to achieve the desired outcomes. Owing to this, the Lagos Chamber of Commerce and Industry (LCCI) has said that the policy in its present form is most inappropriate for an economy that is heavily dependent on road transportation and called for its review. In a statement, the Director General, LCCI, Muda Yusuf, lauded the decision of the government to review the

policy which was conceived by the Goodluck Jonathan administration in 2013. The statement added: “The cost of vehicles had risen beyond the reach of most citizens and corporate bodies. The impact has been largely negative with far reaching consequences. “The automobile sector was hit by the double shock of over 100 percent currency depreciation over the last five years and an import levy of 50 per cent on new cars and 25 per cent on used vehicles and commercial vehicles. This is in addition to the import duty of

20 per cent on new cars and 10 per cent on used vehicles and commercial vehicles.” “The auto policy was an import substitution industrialisation strategy to reduce importation of vehicles and incentivise domestic vehicle assembly. “However, import substitution strategy thrives in the context of high domestic value addition. It is within such a framework that the economy could benefit from the inherent values of import substitution which includes backward integration, multiplier effects, conservation of foreign

T H I S D AY ˾ ͳ˜ 2019

BUSINESSWORLD

ENERGY

As Refineries’Repair Suffers Fresh Delay Last week, the Nigerian National Petroleum Corporation disclosed that its plans to repair Nigeria’s four refineries would not go as planned because it failed to see through deals to fund the repair. This may affect plan by the country to stop the importation of petrol, writes Chineme Okafor In its September 2018 operations and financial report, the Nigerian National Petroleum Corporation (NNPC) had indicated it will stick to its plans to ensure Nigeria stopped importing petrol by the end of 2019. Though a tall order from experts’ assessments then, the corporation had stated that since it was the intention of the federal government for Nigeria to stop running its economy wholly on imported petrol, it would thus abide by the goal and time limit given to it. “NNPC is intensifying efforts towards the rehabilitation of the refineries to meet December, 2019 target of ending fuel importation,” the report had stated. It had revealed that it was making progress on the plan which meant that its refineries in Port Harcourt; Warri; and Kaduna ought to be back to full or near-full production levels, thus producing huge chunks of the petrol Nigeria’s domestic economy consumes. Besides the dependence on the NNPC to get back its refineries into full operation, the government was also expecting that the completion of the 650,000 barrel per day (bd) Dangote refinery would also help the nation in its bid to end petrol importation. All of NNPC’s refineries at the moment have a combined installed production capacity of 445,000 barrels per day, but the report had showed that they maintained an average of 11.66 per cent production levels between September 2017 and September 2018. To buttress its commitment to the goal, the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, in an interview in 2017, had reportedly offered to resign if Nigeria continued to import fuel by 2019. Kachikwu, in the interview, had assured Nigerians that the refineries would be repaired to work at optimum capacities. Also, in 2018, the minister had maintained that the 2019 target was still in place and that the country would in addition to revamping NNPC’s refineries, expect the 650,000bd processing capacity Dangote refinery to come up and complement efforts at weaning itself from foreign-refined petrol. He had explained that a steering committee he headed had been constituted to fine-tune the processes of achieving the targets. Need to End Petrol Importation Based on THISDAY’s conversations with experts stressed the need for Nigeria to put an end to the importation of petrol. Additionally, huge economic opportunities in the downstream petroleum sector have been lost due to imported petrol by the country, hence, the need to see that the country refines its oil locally. A report by the Financial Times on the state of Nigeria’s oil sector, had explained that Nigeria’s annual expenditure on subsidising imported petrol was worth about $7 billion. They also hinted that the expected emergence of Dangote’s refinery could change the country’s energy balance and effectively send cause NNPC’s three refineries to die naturally because there would be no need for them again on account of the huge production capacity of Dangote’s. Reinforcing this, the Group Managing Director of NNPC, Dr. Maikanti Baru, recently disclosed that the total amount of under-recovery – a term NNPC now uses to describe the financial amount of subsidy the government absorbs for keeping the pump price of petrol at N145 per litre, was N25 per litre. This figure when calculated against the three billion litres of petrol the corporation recently imported, suggested Nigeria may have recorded about N75 billion under-recovery in this regards, since the initiative was introduced. Additionally, if calculated on the basis of 60 days which the NNPC said the three billion litres it imported would last Nigeria, and which amounted to 50 million litres consumption per day, then the corporation could have possibly recorded an under-recovery of N1.250 billion daily to keep petrol pump price at the government-

regulated price of N145 per litre. Some experts considered the development wasteful and unproductive, and exerted that to end importation of petrol means for Nigeria, to bring back jobs to her downstream oil sector and perhaps further enlarge its market clout across countries in the West African region where the NNPC claims most of the petrol it imports ends up through smuggling. Efforts to Meet NNPC’s Target When contacted on efforts by the NNPC to meet the target it had set, Kachikwu, had disclosed that the board of the corporation was to meet December 15 last year, to hold discussions with investors on whether to continue with the planned upgrade of the refineries in Warri, Port Harcourt and Kaduna, or not. He had acknowledged that negotiations with investors for the refineries’ upgrade had been slow, and not as fast as he would have expected, but underlined that, “the board of the NNPC has decided that by December 15, we should draw a ceiling whether we should be going forward or not with investors.” He further explained then: “We think that we will be able to go forward with minor adjustments in terms of the terms and by first quarter of next year (2019) we begin to see some works begin at least with the initial ORBs.” But prior to that, Kachikwu had reportedly said it was no longer going to be possible to meet up with the plans to fix the moribund refineries and make them work in utmost capacity by 2019, adding that 2020 was now the new target “I am very excited about the development as they tend to create fuel sufficiency as well as employment opportunities. We are also working hard to see the Nigerian National Petroleum Corporation (NNPC) four refineries coming up with 425,000bd in 2020,” he had said at the 18th edition of the International Biennial Health Safety and Environmental (HSE) Conference on the oil and gas industry in Nigeria organised by the Department of Petroleum Resources (DPR). Negotiations Collapse After negotiating for over one and half years with potential financiers, the corporation last week indicated the negotiations may not continue because a common ground on the commercial terms of the transaction was not achieved. It explained it could not agree with select investors on the commercial terms to be used in the revamp of the Port Harcourt; Warri and Kaduna refineries. Speaking at a session at the just concluded 2018 edition of the Nigeria International Petroleum Summit (NIPS) in Abuja, the Chief Operating Officer (COO), Refineries of the NNPC, Mr. Anibor Kragha, said a lot of issues were affecting the refineries, and that the negotiations broke down in December 2018. Kragha’s disclosures were also confirmed

by Kachikwu. According to Kragha though: “There are various fundamental issues affecting the smooth operations of refineries. The primary one has been lack of funding. Another one is the infrastructure to deliver. But the thrust of the government is essentially to go out, get all financial consortia that will deliver funding and technical expertise. “So, what did the NNPC do? We spent time, got consortia, traders and technical folks and spent over a year and the half negotiating. But at the end unfortunately by December we could not agree on the commercial terms. We were willing to do finance because we wanted to bring in private investments into it without selling the refineries and giving unnecessary guarantees.” He explained what the corporation has now decided to do was to focus on fixing one refinery at a time, instead of trying to get all the four fixed at once using funds from financiers. “Like I earlier said at the end of the day the commercial terms we could not agree on them. So what we are doing now is that we are focusing on one refinery at a time starting with Port Harcourt, which is the largest one. “It (Port Harcourt refinery) alone can deliver about 11 and half million litres of PMS (Premium Motor Spirit) and we are also going to look for O&M (original manufacturers) to actually support us to deliver on the mandate. That’s what we have been doing in the last couple of weeks,” Kragha explained. Further responding to questions about the country’s refining gap, Kragha, noted that the gap had continued to expand following steady growth in the number of households across the country who use petroleum products, as well as increase in their discretionary incomes. “It is actually believed that our petroleum products’ requirements will grow by at least three to five per cent a year. So, the refining gap is actually growing. By 2025 we are expected to need about 45 million litres of PMS per day, all things being equal,” he explained. The NNPC refineries, he added, would be able to deliver an estimated 22.4 million litres of petrol wen operational, adding that Dangote refinery would deliver about 53 million litres and that Nigeria would soon have more than enough petrol for local consumption in the nearest feature, as well as additional volumes to export. Kragha, also noted that the NNPC’s plan was to get the Port Harcourt refinery optimally functional before the end of next year which is 2020, before getting on to revamp others. In this regards, he said: “So, in terms of what we are doing, NNPC is focused now and again, we started with three groups, expanded the groups to 28 financiers and we got two consortia at the beginning of last year, negotiated and tried to get the best terms possible.

“But at the end of the day you cannot take terms that are too rigid and don’t make sense for you at that time. We are focused on Port Harcourt right now and one of the reasons I am rushing is to go and finalise terms with the original refinery builder to get to site as soon as possible, definitely this quarter and then we are going to move forward from there.” He also said 28 companies expressed interest to revamp the refineries, adding: “We evaluated them on various parameters and eventually, the NNPC board approved two consortia. For Port Harcourt, it was ENI for technical capacity, Sepsa, Oando, Trafigura, and A. A. Rano. “We joined Warri and Kaduna because of the inter-dependency of those two refineries on crude. We have Vitol, GE, MRS, and Sahara.” On his part, Kachikwu said: “What I understand from the result that has come back to us is that they (NNPC) were not comfortable…NNPC has looked at the economic fundamentals and they are not quite happy with what they see on the table. “I think they are coming up with something new to present to the board as a way to go forward. A board meeting is slated for next week and I will be getting a report from them.” Experts’ Opinion Although most energy experts declined to speak to THISDAY, Mr. Dan Kunle, a global energy business advisor with experience working with various energy agencies of the Nigerian government in the past, said the initial cut-off date to exit petrol importation was illogical and unconvincing. Kunle, said the NNPC had done very little to convince Nigerians it was serious about the plan to exit importation. He pointed out that the finances for the refineries upgrade were going to be hard to raise, and even accused Kachikwu and officials of the NNPC of misleading Nigerians with a plan he claimed lacked concrete strategies. “How can they work? Who will invest to fix the refineries? How many months do they think it would take to fix the refineries, considering that the parts and units of the refineries would have to be produced first?” Kunle asked. According to him: “What were even the terms and conditions for the refinery upgrade programme, which is the contract between them and the vendor to rehabilitate the refineries? We don’t have the terms or how it was tendered. “How will the refineries work this year and at what capacity exactly would they operate? By the way, they are working at maybe 10 per cent now, but that is epileptic. “We need to see the template and milestone of what they have done to make it work. The officials have played along with the body language of President Buhari, to say they will exit importation but that is not the issue because we are still importing petrol and paying subsidy.”

T H I S D AY ˾ ͳ˜ 2019

BUSINESSWORLD

INDUSTRY

Enhancing Agricultural Value Chain Jonathan Eze writes on Guinness Nigeria Plc’s recent launch of its ‘Grow with Nigeria’ initiative As the demand for food grows, private investment is essential if agriculture is to fulfil its function of contributing to economic development, poverty reduction and food security. Private sector investment plays a vital role in delivering inclusive economic growth, environmental sustainability and poverty reduction as well. In addition, governments need to incentivise the right kinds of private investment to flow into agriculture, as well as strongly regulate once the investments are made. A recent World Bank report on Agriculture Finance & Agriculture Insurance said “There is an ever increasing need to invest in agriculture due to a drastic rise in global population and changing dietary preferences of the growing middle class in emerging markets towards higher value agricultural products. “In addition, climate risks increase the need for investments to make agriculture more resilient to such risks. Estimates suggest that demand for food will increase by 70 per cent by 2050 and at least $80 billion annual investments will be needed to meet this demand, most of which needs to come from the private sector. Financial sector institutions in developing countries lend a disproportionately lower share of their loan portfolios to agriculture compared to agriculture sector’s share of GDP. “On the other side, the growth and deepening of agriculture finance markets is constrained by a variety of factors which include: inadequate or ineffective policies; high transaction costs to reach remote rural populations, covariance of production, market, and price risks; and absence of adequate instruments to manage risks; low levels of demand due to fragmentation and incipient development of value chains; and lack of expertise of financial institutions in managing agricultural loan portfolios.” It noted that the development of agriculture requires financial services that can support larger agriculture investments and agriculture-related infrastructure that require long-term funding (given that currently transportation and logistics costs are too high, especially for landlocked countries), a greater inclusion of youth and women in the sector, and advancements in technology (both in terms of mechanising the agricultural processes and leveraging mobile phones and electronic payment platforms to enhance access and reduce transaction costs). It further stated that agriculture finance and agricultural insurance are strategically important for eradicating extreme poverty and boosting shared prosperity. Globally, there are an estimated 500 million small-holder farming households – representing 2.5 billion people – relying, to varying degrees, on agricultural production for their livelihoods. Historically, Nigeria was considered an agricultural giant and a model to other countries

up until the early 70s. A study carried out then had indicated that; agriculture was the main contributor to Nigeria’s economy, contributing over 64 per cent to the country’s Gross Domestic Product, providing employment for over 70 per cent of the population and provided 95 per cent of the food needed to feed Nigerians. That is why the federal government has through its agricultural policy continued to encourage private sector participation in the sector. This has been the focal point of the federal government’s effort in diversifying the Nigerian economy through the promotion of agriculture and Guinness Nigeria Plc recently keyed into the government’s initiative through the launch of its “Grow with Nigeria,” in Abuja recently. Speaking on the initiative, the Managing Director of Guinness Nigeria, Baker Magunda, said the move was a demonstration of the company’s commitment to the federal government’s policy on diversification and local content. According to him, the initiative would also support the growth of the agricultural value chain and small holder farmers who form an integral part of the brewer’s business. “Over the last 20 years, our business has consistently sourced its entire core ingredients such as sorghum and malt extract locally through the various local raw material chains. Currently, our local content sourcing is 75 per cent and we plan to increase this significantly within the next couple of years.

“These partnerships have enabled us to develop an ecosystem of private sector players creating value that impact smallholder farmers directly. In 2018, we partnered with 5, 121 smallholder farmers across eight states of Nigeria. “These farmers were provided access to finance, certified seeds, unadulterated inputs, mechanisation, training on good agronomic practice and basic book keeping, supplier credit process, extension support and access to market. “With this intervention, Guinness Nigeria was able to leverage on the collaboration as provided by the respective partners in the ecosystem to improve the livelihoods of these farmers by moving them from subsistence level to full economic inclusion,” he added. Impressed with the initiative, the Minister of Agriculture and Rural Development, Chief Audu Ogbeh, commended Guinness Nigeria on the laudable initiative. According to him, “When Guinness began buying sorghum from local farmers, many of us realised that this was a revolution that started ahead of its time. The logic of buying raw materials from local farmers has seen wealth being moved into the rural areas instead of out of the shores of Nigeria, because every time you import anything, you are importing poverty and exporting wealth and dangers not visible.” Stanbic IBTC, the financial partner of the initiative reassured farmers of its commitment to providing financial solutions that will help them

and their businesses grow through its agriculture desk. The bank said it has injected over N50 billion into Nigeria’s agricultural sector, saying the initiative was one of the largest investments in the sector so far. The company also disclosed that with its investments in Agriculture, local manufacturing and backward integration, the Guinness Nigeria Local Raw Materials (LRM) initiative, has benefited over 6,000 subsistence farmers, rural traders and various stakeholders in the production value chain. The LRM initiative despite its current focus on rural subsistence farmers is helping to create value in local markets, strengthening state and national economies, improving agricultural systems, enhancing food security, and boosting supplies of sustainable raw materials that meet global standards. Guinness Nigeria has built a strong portfolio that is steeped in diversity over the years. This they have done via their operating brewing facilities located across Nigeria for the production of their different products. Currently, maize and sorghum constitute 75 per cent of the company’s agricultural raw material input. Both crops are sourced locally through a third party sourcing model. It has contractual relationships with dealers and suppliers who aggregate the grains from the farmers, process, store and then supply to Guinness Nigeria.

National Security Catalyst for Business EEDC Seeks Customers’ Collaboration Growth, Investment, Says FG for Improved Service Delivery Jonathan Eze The Secretary to the Government of the Federation (SGF), Boss Mustapha, has said there is a relationship between national security architecture and investment in the economy. He said the federal government was focused on addressing the insecurity in the country, in order to provide safe business environment in the country. According to him, in fulfilling the promises made to Nigerians, the administration was working assiduously in tackling insecurity in the country. He disclosed this in Lagos recently, at the 2019 ‘Security Meets Business,’ forum organised by the Lagos Chamber of Commerce and Industry.

The SGF, who was represented by Mrs. Sade Cafaias, said the forum was no doubt appropriate and timely taking into consideration the efforts of the administration in ensuring that government effectively perform its most basic duty of protecting the citizenry. He said the current administration was providing solutions for security challenges in the country. He added that in solving the insecurity issue in the country, the government has been making efforts in accelerating the pace of development by creating an economy with relevant socio-economic infrastructure for businesses and industrial growth. He maintained that the

President Muhammadu Buhari’s administration sees corruption as an economic monster, stressing that winning the war on corruption would not only bring about fairness, peace, social justice and sustainable development, but would also increase the influx of foreign direct investment to the country. However, the SGF assured that the government had established a well- trained, adequately equipped crime squad that is combating insurgency, kidnapping, armed robbery and other security challenges. Speaking at the event, President, Lagos Chamber of Commerce and Industry, LCCI, Mr. Babatunde Ruwase, said security was key for businesses as well as the economy.

Jonathan Eze In order to sustain and improve service delivery in 2019, the Enugu Electricity Distribution Plc (EEDC) has called on its customers for more support and partnership this year. The call was contained in a statement issued by the Head of Communications, EEDC, Mr. Emeka Ezeh. Ezeh, expressed appreciation to customers for their support, understanding and overall partnership with the company in the course of the year, despite the numerous challenges that adversely impacted on the quality of service delivery to customers. Some of the recurring challenges which the company

grappled with included vandalism, energy theft, accidental destruction of power facilities, meter bypass, illegal connections and reconnections. Others were non-payment of electricity bills, attack on EEDC field officers and illegal tampering with electrical installations which interfere with the network and in most cases lead to destruction of electrical facilities. Following series of engagements with customers, EEDC stated that it identified areas of focus and mapped out strategic plans to address the challenges. These included the upgrade of some transformers and relieving overloaded ones; installation of entirely new substations; overhauling some weak networks for quality electricity supply.

There was also plans to deload some feeders and construct more injection substations to boost electricity supply in identified locations within the network, the firm stated. “As a matter of fact, contract has been awarded for the construction of a 7.5MVA Injection Substation at ABS, Awka, which will cater for customers within ABS environs, Okpuno, Enugu Agidi, Awka Urban, Zik Avenue and parts of Nnamdi Azikiwe University, Awka,” the statement added. “Also approved was the upgrade of Agu Awka Injection Substation from 7.5MVA to 15MVA. Order has been placed for the power transformer which is expected to be delivered hopefully before the end of the month.

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T H I S D AY ˾ TUESDAY FEBRUARY 5, 2019

PROPERTY & ENVIRONMENT Alaro City Devt Represents a Turning Point for Foreign Direct Investment, Says Rendeavour’s Chairman Bennett Oghifo

he Chairman of Rendeavour, Frank Mosier, believes the successful development of Alaro City, an emerging satellite community in Epe, Lagos will trigger foreign direct investment to the state. Mosier stated this recently at the ground breaking ceremony of Alaro City being developed in the Lekki Free Zone area. The ceremony was performed by the Lagos State Governor, Mr. Akinwunmi Ambode, assisted by other stakeholders, including the Minister of Agriculture, Chief Audu Ogbe; Stephen Jennings, the chief executive officer of Rendeavour; Chairman of North West Quadrant Development Company (NWQDC), Otunba Teni Zacchaeus, representatives of the diplomatic corps, Epe community, among other distinguished personalities. Alaro City is designed as a mixed-income, city-scale development with master-planned areas for offices, logistics and warehousing, homes, schools, healthcare facilities, hotels, entertainment and 150 hectares of parks and open spaces.

Rendeavour and Lagos State Government, through their subsidiary, North West Quadrant Development Company (NWQDC), have conceived Alaro City as a 2,000-hectare, market-led project. NWQDC is authorised by both the Federal Government of Nigeria, through the Nigeria Export Processing Zones Authority, and the Lagos State Government as an entity to develop, operate, administer and manage Alaro City. Rendeavour is Africa’s largest new city builder, with over 12,000 hectares (30,000 acres) of city-scale developments in the growth trajectories of large cities in Kenya, Ghana, Nigeria, Zambia and Democratic Republic of Congo. Officials said Rendeavour is creating the living and working spaces that will help sustain and accelerate Africa’s economic growth, meet the aspirations of Africa’s burgeoning middle classes, and serve as a catalyst for further urban development. According to the Chairman of Rendeavour, Frank Mosier, “The success of this project and the resulting prosperity of this neighborhood will demonstrate to the people of this city the opportunities for them to live

Lagos State Governor, Mr. Akinwunmi Ambode cutting a ribbon to signal the construction of Alaro City in Lekki Free Zone… recently

better lives. But the success of this project will also send a message to investors across the world that Lagos State is a good home for direct investment. That the State supports global investors and that they can have a great impact.

“I believe this project represents a turning point for foreign direct investment and that the time is right for investment in Lagos State.” The development of Alaro City, he said would introduce a new order in Lagos. “Here,

over the next decade, there will be thousands upon thousands of new jobs. There will be thousands of new, first home owners, whose children will be educated in leading schools built on this site. Hard working people will have the opportunity to own

homes, to get better jobs and to start businesses, and for their children to have access to a great education right down the street so that the next generation can achieve even more. All on this 2000 hectare site with world-class infrastructure.”

B-SWEEP Provides Skills Training to Internally Displaced Women in Bauchi Bennett Oghifo Internally displaced women in camps in Bauchi State are being trained in various skills to equip them for self-sustenance when they eventually return home. The training, which also takes their minds off the trauma of living outside their natural environment, is being provided by a non-governmental organisation, Bauchi Sustainable Women Economic Empowerment and Peace Initiative (B-SWEEP). The training is on the production of ready-for-market items that can generate fast and steady income, such as grain processing which they do effectively with the grinding machine and startup capital they are given to ensure sustainability and independence. According to the initiator of the NGO, who is the wife of Bauchi state governor, Hajiya Hadiza Mohammed Abubakar, “We have empowered Internally Displaced Women because they form part of the vulnerable groups and we want to include them in our programmes in order to support them and reduce their trauma. “We have also trained the same women IDPs on how to do

hand woven doormats using local materials. They made them and as a mark of encouragement, we purchased the items from them and we have given them the materials with which they will now go and make doormats. She said the noble ideals of the NGO are manifest as thousands of women have attested to the fact of its genuine interest in the welfare of women in Bauchi. It has recorded tremendous achievements in the area of economy, health, agriculture and peace as it ensured that women from all walks of life benefited from their various schemes. One of such schemes is the launching of Micro Entrepreneurship Empowerment Support Scheme (WMEESS) by S-SWEEP for 500 women who are beneficiaries in Bauchi local government area. “We are also collaborating with another NGO called MAHEMA and Charis Pal Concept to introduce some youth initiatives. The first programme was for 390 beneficiaries both males and females. We trained them in eight different skills which include; aluminum and leather works, sewing, baking, hairdressing and detergent making. At the end of the programme, we kitted the groups

to create clusters and encouraged them to form cooperative societies and continue with their skills to make a living.” She said the second phase of the programme was for 15 people and that they were taught the same set of skills, but that this time around, they shifted emphasis outside Bauchi. “We did one in Giade Local Government and a few others from Bauchi. We also kitted the trainees individually and encouraged them to form cooperative societies so that they can derive some benefits from the government or banks to enable them continue with the trades that they have learnt. “We have also done intervention in the area of health, like maternal health as a pilot project. We provided delivery kits to pregnant women to support safe and hygienic deliveries in three local governments, one local government in each of the senatorial zones.” They include Alkaleri in Bauchi South, Nabayi in Bauchi Central and Shira in Bauchi North. We distributed a total of 600 delivery kits to the women to help them have safe and hygienic delivery when they go to the hospital. They also carried out interventions for children that are

NCF, ECOWAS Host Workshop for Birdlife International Partners in West Africa The Nigerian Conservation Foundation (NCF) in collaboration with the Economic Community of West African States (ECOWAS) and Birdlife International is organising a two-day workshop for NonGovernmental Organisations across the West African region in Abuja on 6th and 7th February. A statement by the Director General of NCF, Dr Muhtari Aminu-Kano, the theme of the workshop is ‘’Conservation-

collaboration beyond National boundaries in the sub-region’’. The West African region is endowed with rich biodiversity populated by numerous species of flora and fauna. Unfortunately, this unique range of biodiversity are now amongst the world’s most threatened, due to illegal poaching and harvesting of parts or whole species, habitat degradation, poorly planned infrastructural, agricultural and urban settlement development. Aminu-Kano said a valuable

mitigating factor to West African disappearing biodiversity is the lack of a platform for crossborder information exchange to develop common strategies and policies for biodiversity conservation. This has been identified as a major setback. It is expected that this maiden workshop will provide a stronger platform for regional co-operation amongst Civil Society Organisations (CSOs) and ensure that humans will live “in harmony with nature”.

malnourished, “because we realised that it is a major problem here. We provided nutritional meals for 1000 infants, and carried out a programme with Bauchi State Agricultural Development Programme (BSADP). We gave them grains which include millet, groundnut and soya beans which they use to prepare infant formula for distribution to the three local governments. We took women to the local governments to demonstrate for other women how they could use the grains to prepare infant formula whenever it is needed. “That was a pilot programme. Right now, we are preparing for the second round of the intervention. We will take three local governments, one from each of the zones again and do the same intervention.” In the area of peace, she said “we held a workshop for peace building and peace clubs creation in schools. It is also a pilot programme and we selected 10 schools in the state. During the peace workshop, we invited various stakeholders like political groups, pressure groups, the media, religious groups, traditional leaders and had a one-day workshop where we discussed and created awareness

on peace and then emphasised the need for us to maintain the peaceful coexistence within our communities. “On the second day, we held a workshop for teachers from the selected schools - three from each of the 10 selected schools we invited. We taught them how to organise peace clubs in their respective schools. The whole aim is to catch our young ones early and imbibing in them the idea of peace, while encouraging them to accept our unity and diversity. These include teaching them to learn to live with one another in harmony. “We flagged off the peace clubs created in the 10 schools and issued them documents of activities, so they will replicate in their schools so that the clubs will grow. We are monitoring them and we will create an avenue where there will be interactions between the clubs, like debating clubs, drama clubs going from one school to another in order to preach and discuss peace.” Hajiya Hadiza Abubakar told journalists that “The NGO was initiated with the sole aim of uplifting the status of women and complementing the efforts of government. I work with the Ministry of Women Affairs to roll

out some initiatives as regards to women, because government cannot do it alone. So, the NGO is to complement my husband’s effort in addressing the challenges faced by women, children and vulnerable groups. This is based on my belief that any meaningful reform in the society must bring about economic advancement for women and youths”. Hajiya Abubakar said she wants to ensure that her NGO would continue even after her husband left office. “Bauchi Sustainable Women Economic Empowerment and Peace Initiative (B-SWEEP), as the name suggests, has factored the issue of sustainability into the running of the NGO. For that reason, we have a strong board and technical team and we have tried to maintain independence between the office of the wife of the governor, and B-SWEEP as an NGO. “We intend to provide women with skills to make them independent financially, while in health, we are looking at maternal and child health intervention. One of the other thematic areas is the reintegration of women and girls back into formal and non-formal school programmes and then participation of women in agriculture.”

FCTA in Race to Complete Bill Clinton Drive Olawale Ajimotokan in Abuja The FCT Administration has assured it would meet the April deadline for the renovation of the 7km long Bill Clinton Drive, and arterial road linking the Nnamdi Azikiwe International Airport to Umar Musa Yar’Adua Express Road. FCT Minister Malam Muhammad Musa Bello, expressed delight that renovation work would be completed on schedule and without any major hindrance to traffic and with minimal damage to vegetation

and utilities. “Our major concern had been how we were going to execute such a major infrastructure work without posing a major obstruction to traffic as well as preserving the trees and street lights. I am happy that we have been able to accomplish this work without doing damage to the environment and utilities,” Bello said while inspecting the pace of work at the project site. Last year, the Federal Executive Council, approved the sum of N1.7 billion for

the reconstruction of the Bill Clinton Drive in order to stem the possible collapse of the road which as at then had far outlived its life span. Work also commenced last September with a deadline for completion set for seven months, which is by April 2019, following the winning of the bid by China Civil Engineering Construction Company (CCECC). The Minister was led on the inspection visit by the Executive Secretary, Federal Capital Development Authority (FCDA) Umar Gambo Jibrin.

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T H I S D AY Ëž ÍłËœ 2019

BUSINESS/MONEYGUIDE

Executive Order 7 to Accelerate Infrastructure Development, Says FG Oluchi Chibuzor The recent signing of Executive Order 007 2019 by President Muhammadu Buhari to allow private companies construct and refurbish roads across the country, the two-year old Nigeria Industrial Policy and Competitiveness Advisory Council (Industrial Council) has chalked another landmark achievement in accelerating infrastructure development for economic growth. The Executive Order is a Road Infrastructure Development and Refurbishment Investment Tax Credit Scheme that enables the federal government leverage private sector funding for the construction or refurbishment of eligible road infrastructure projects. It focuses on the development of eligible road infrastructure projects in an efficient and effective manner that creates value for money through private sector discipline; and guarantees participants in the scheme timely and full recovery of funds provided for the construction or refurbishment of eligible road infrastructure projects through tax credits. A statement from the Strategy and Communications Adviser to the Minister of Industry, Trade and Investment, Bisi Daniels, explained that the Executive

Order is one of the initiatives midwifed by the Policy and Regulation Subcommittee of the Industrial Council, which is focused on implementing initiatives to incentivise investment; and reduce smuggling. â€œIt is an initiative which time has come because as industrialists in the Council expressed their willingness to intervene in road rehabilitation and construction in their areas of operation in a through a transparent process that ensures the cost of construction/rehabilitation can be recouped, the Federal Ministry of Finance had conceived the idea. It promptly proposed the scheme for the Industrial Council to develop. â€œThe scheme is widely viewed by stakeholders who have been engaged in the public and private sectors as a quick-win in road construction and enjoys widespread acceptance as a means of accelerating growth within industrial clusters,â€? it stated In the pilot phase, six companies would construct 19 roads covering 794.4km. The Minister of Finance, Mrs. Zainab Ahmed, who listed the roads at the signing ceremony had said the scheme was the outcome of efforts to think outside of the box and deploy new techniques to develop critical road infrastructure in the country.

The six companies to construct the 19 road projects for the pilot phase, totaling 794.4km in 11 states across each of the six geo-political zones, are Dangote Industries Limited; Lafarge Africa Plc; Unilever Nigeria Plc; Flour Mills of Nigeria Plc; Nigeria LNG Limited; and China Road and Bridge Corporation Nigeria Limited. In his speech at the signing ceremony, President and CEO of Dangote Industries Limited, Alhaji Aliko Dangote, had stated that: â€œThe impact is huge because it will allow private sector to use their capital, their know-how and also their efficiency in terms of delivering roads in time and the Nigerian government will be saving billions of naira.â€? The Federal Executive Council approved the Industrial Council in March 2017 as a vehicle for partnering with the private sector on the industrialisation agenda to address key hindrances to the growth of manufacturing in the country. The Council, chaired by Vice President Yemi Osinbajo, aims to increase the contribution of the manufacturing sector to Gross Domestic Product and establish Nigeria as the manufacturing hub for Africa by implementing initiatives aimed at accelerating industrialization by leveraging private sector expertise and capital.

Firms Offers Lagos Residents Home Ownership Opportunity Chineme Okafor Ă“Ă˜ ĂŒĂ&#x;Ă”Ă‹ Young Nigerians and those starting out in life would have the chance to own homes in a prime location in Lagos State the Elalan Group and African Capital Alliance, have disclosed. According to the partners who said in a statement that they were developing a 600-apartment housing project within the Lekki area of Lagos, even Nigerians who already owned homes would have options to choose from in the housing project. The statement noted that the project - Blue Water Lagos, was a unique and exciting mixed-use development comprising 600 apartments in five 17 to 20 storey residential buildings made up of up to three-bedroom contemporary luxury apartments. It added that the project which is sitting on an expansive 37,000 square meters of sea view land would also include a top brand retail and leisure mall and an exclusive residentâ€™s

recreational park. â€œDeveloped by the Elalan Group and African Capital Alliance, experienced developers with a track record spanning over 30 years in the property and construction industry with proven success and ability to deliver top tier projects in the Lagos luxury residential market with most of their developments selling off-plan before completion, Blue Water Residences offers the ultimate lifestyle destination for different types of homeowners looking for a quality investment with unrivalled views of the Atlantic coast as well as easy and convenient access to shopping, dining, leisure and entertainment experiences all within walking distance of their homes. â€œIt is a first of its kind in Lagos State and Nigeria at large, bringing together all elements of secured, modern and clean environment with state-of-the-art infrastructure in a sustainable green city life,â€? the statement from Elalan and African Capital

Alliance said. It further stated that it is divided into three phases with phase one comprising the first residential tower - Sapphire Residences, and recreational amenities for the scheme including residentâ€™s recreational park, basketball and tennis courts, adult and kidâ€™s swimming pool as well as childrenâ€™s playground. It noted that the Sapphire Residences would come with comfort and efficiency, and delivered by Christmas of 2019. Phases two and three, it explained would consists of two residential towers situated above two levels of top brand retail and leisure malls in each phases providing top notch local and internationally branded products and services to the residents and visitors. According to the statement, the developers have emphasised the need to create a neighborhood development system in the projects, which would deliver to the taste, needs and aspirations of its residents.

Polaris Bank Commemorates World Cancer Day In commemoration of the 2019 World Cancer Day as well as the demonstration of its commitment to the fight against breast cancer in Nigeria, Polaris Bank has encouraged Nigerians to pay more attention to their eating habit and lifestyle in general to avoid contracting cancer. According to Cancer Research UK, â€œEating a healthy, balanced diet can help you keep a healthy body weight. Keeping a healthy weight is important, because obesity is the second biggest preventable cause of cancer after smoking. â€œDiet can also directly affect

cancer risk. Some foods, such as processed and red meat and salt-preserved foods, can increase the risk of developing cancer. While others, such as fruits, vegetables and foods high in fibre, can reduce the risk of cancer.â€? The World Cancer Day is marked internationally every February 4 to raise awareness of cancer and to encourage its prevention, detection and treatment. The theme for this yearâ€™s event is, â€˜I Am and I Will.â€™ A statement from the bank quoted the Managing Director/Chief Executive Officer

of Polaris Bank, Tokunbo Abiru, as restating the bankâ€™s commitment to continuously support initiatives that will increase awareness and access of people to treatment and prevention of cancer, thereby reducing the current prevalence rate. He said, â€œThe fight against cancer and breast cancer is one that we will continue to support. We have a record of positive intervention in this, and I assure you that we wonâ€™t relent in ensuring that thereâ€™s a significant reduction in illness and death caused by cancer.

L-R: Managing Director, Goldwings Airways, Mr. Peter Ibru; his daughter, Isabella Ibru and former Director of Logistics, Defence Headquarters, Brig. General Sola Ayo-Vaughan, when Igbobi College Old Boys Association honoured Ibru in Lagosâ€Śrecently

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

MARCH 2018 Broad Money (M2)

24,303,049.86

-- Narrow Money (M1)

10,912,604.10

---- Currency Outside Banks

1,668,378.21

---- Demand Deposits

9,244,225.90

-- Quasi Money

13,390,445.76

Net Foreign Assets (NFA)

15,619,134.18

Net Domestic Assets(NDA)

8,683,915.68

-- Net Domestic Credit (NDC)

26,267,136.53

---- Credit to Government (Net)

3,823,345.45

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

5,433,209.43

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

-1,609,863.98

---- Credit to Private Sector (CPS)

22,443,791.08

--Other Assets Net

-17,583,220.85

Reserve Money (Base Money)

6,746,646.49

--Currency in Circulation

1,668,378.21

--Banks Reserves

4,357,551.58 Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ Ă™Ă–Ă“Ă?ĂŁ Ă‹ĂžĂ? Ě‹ ÍŻÍąĎą

OPEC DAILY BASKET PRICE Ëœ ÍŻ Í°ÍŽÍŻÍˇ

The price of OPEC basket of fourteen crudes stood at $60.93 a barrel on Friday, compared with $61.19 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 H I S D AY ˾ ͳ˜ 2019

MARKET NEWS

SEC DG Harps on Need to Attract and Retain Investments Goddy Egene Stakeholders in the capital market have been tasked to continue to take positive steps in order to attract and retain both local and foreign investments that will stimulate economic growth and develop critical infrastructure necessary for the country’s development. Acting Director General of the Securities and Exchange Commission (SEC), Ms. Mary

Uduk made the call yesterday in Lagos at the formal launch of the book ‘Riding the Eagle’ written by Mrs Toyin Sanni, the Group Chief Executive Officer of Emerging Africa Capital Group in Lagos. Uduk stated that investors want to be sure of the rational basis of their investment decisions before transferring resources, and this is why quality information is needed. She said: “Providing informa-

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tion to investors will enhance transparency in the Nigerian markets and improve our global reputation in the investment community. “Riding the Eagle meets this imperative by providing comprehensive and up-to-date information on investing in the Nigerian markets via a roadmap and guide for foreign, domestic, institutional and individual investors alike. It also examines the challenges faced by the Nigerian

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economy across sectors, past and recent success stories and solutions to some of the nation’s economic and development challenges.” According to her, the book goes into details on the key sectors that drive the performance of the Nigerian economy and what investment opportunities are available for interested investors and motivated entrepreneurs. The SEC DG therefore com-

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mended the author, Sanni, for putting at the disposal of the industry, the value of over one decade in the money market and another two decades in the capital market. “The book serves investor interests through this comprehensive and authoritative work on investment opportunities in the Nigerian economy. It is imperative therefore that we all as stakeholders continue to take positive steps to attract

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and retain both local and foreign investments to stimulate economic growth and develop critical infrastructure necessary for our country’s development,” Uduk said. In her remarks, Vice Chairman Famfa Oil Limited, Mrs. Folorunsho Alakija described the book as truly a most appropriate and timely information guide for all stakeholders in the investment sector in Africa’s most populous and resource rich country.

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T H I S D AY ˾ ˜ ͽ˜ ͺ͸͹ͷ

MARKET NEWS

Vetiva Director Highlights Strong Growth in Green Financing in Africa Goddy Egene Director and Head of Investment Banking at Vetiva Capital Management Limited, Dr. Gbadebo Adenrele, said that there will be huge capital flows towards environmentally friendly infrastructure projects in Nigeria and sub-Saharan Africa over the next three years. Speaking on green financing recently in Lagos, Adenrele said: “Nigeria and indeed the rest of Africa is a large project

finance play. The infrastructural needs are immense, requiring significant project development and capital deployment. Despite this, there is a need to ensure that this infrastructure gap is addressed in an environmentally friendly manner.” According to him, the growing consciousness of the finite nature of the world’s resources and the threat presented by global climate change has resulted in a focus on the need for sustainable business practices as well as the creation of

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

holistic stakeholder value, which goes beyond economic value to include environmental and social value creation, and which in turn has spurred the rapid growth of global green finance market. He said: “Over the past decade, green finance and investments have slowly begun to take center stage and have become a key element of the global capital market. The African green finance market is poised for exponential growth with green issuances becoming more mainstream and considered

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 31Jan-2019, unless otherwise stated.

instruments which offer access to a large and diverse financing pool at relatively lower cost. Amongst the bouquet of green financing instruments, green bonds and its market have been recognised as the most accessible and suitable instrument for meeting Africa’s financing requirements. Though the green bond space in Africa remains relatively underdeveloped relative to other emerging markets, the space is gaining significant traction as many African countries are taking strategic steps to align

with burgeoning activity within the green finance space and create sustainable frameworks for the growth of the African economy.” Vetiva, last November, signed a partnership agreement with Climate Bonds Initiative (UK) to develop a liquid green and climate bond market in Africa. This initiative is in line with Vetiva’s commitment to make the African continent more attractive to capital flows in a sustainable and environmentally friendly manner necessary for long-term

infrastructure projects. The investment banking firm had said that its partnership with CBI is based on a shared vision to not only channel long-term funding into Africa, but to do so whilst addressing the challenges posed by climate change. “ It is Vetiva’s firm belief that Africa is positioned to lead the climate change conversation, globally, whilst deepening the continent’s capital markets, and this collaboration is a step in the right direction,” the company said.

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

DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund 156.60 156.82 -1.06% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 277.77 278.11 1.73% 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 0.80% ACAP Income Funds 0.62 0.62 11.23% 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 13.20% AIICO Balanced Fund 2.24 2.26 0.60% 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 16.22 16.71 -2.21% ARM Discovery Fund 352.28 362.90 -1.22% ARM Ethical Fund 28.58 29.44 1.21% ARM Money Market Fund 1.00 1.00 13.13% 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 100.27 100.98 -0.91% AXA Mansard Money Market Fund 1.00 1.00 13.10% 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 14.35% Paramount Equity Fund 11.58 11.88 -1.10% Women's Investment Fund 100.70 103.28 -1.82% 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 13.01% Cordros Milestone Fund 2023 96.67 96.97 Cordros Milestone Fund 2028 99.44 99.90 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 13.23% Coronation Balanced Fund 0.83 0.84 Coronation Fixed Income Fund 1.14 1.14 1.69% 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 12.60% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.98% 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 NA NA N/A FBN Heritage Fund 142.37 143.60 -0.73% FBN Money Market Fund 100.00 100.00 13.92% FBN Nigeria Eurobond (USD) Fund - Institutional 115.35 115.74 1.28% FBN Nigeria Eurobond (USD) Fund - Retail 115.32 115.72 1.51% FBN Nigeria Smart Beta Equity Fund 147.26 149.41 -1.83% 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 1.18 1.20 -3.10% Legacy Debt Fund 3.28 3.28 1.03% Legacy USD Bond Fund 1.03 1.03 0.40% FSDH ASSET MANAGEMENT LTD coralfunds@fsdhgroup.com Web: www.fsdhaml.com; Tel: 01-270 4884-5; 01-280 9740-1 Fund Name Bid Price Offer Price Yield / T-Rtn Coral Growth Fund 2,943.16 2,971.68 -1.39% Coral Income Fund 2,790.83 2,790.83 1.90% GREENWICH ASSET MANAGEMENT LIMITED assetmanagement@gtlgroup.com Web: www.gtlgroup.com ; Tel: +234 1 4619261-2 Fund Name Bid Price Offer Price Yield / T-Rtn Greenwich Plus Money Market Fund 100.00 100.00 12.90% Nigeria Entertainment Fund 107.14 107.56 6.41% INVESTMENT ONE FUNDS MANAGEMENT LTD enquiries@investment-one.com Web: www.investment-one.com; Tel: +234 812 992 1045,+234 1 448 8888 Fund Name Bid Price Offer Price Yield / T-Rtn Abacus Money Market Fund 100.00 100.00 13.04%

Vantage Balanced Fund 2.14 2.16 -0.30% Vantage Guaranteed Income Fund 1.00 1.00 15.83% Kedari Investment Fund (KIF) 120.69 120.86 -3.40% LOTUS CAPITAL LTD ﬁncon@lotuscapitallimited.com Web: www.lotuscapitallimited.com; Tel: +234 1-291 4626 / +234 1-291 4624 Fund Name Bid Price Offer Price Yield / T-Rtn Lotus Halal Investment Fund 1.15 1.17 0.74% Lotus Halal Fixed Income Fund 1,082.85 1,082.85 1.26% 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 11.08 11.16 -3.76% Meristem Money Market Fund 10.00 10.00 12.49% 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 1.34 1.37 5.18% PACAM Fixed Income Fund 12.38 12.43 1.40% PACAM Money Market Fund 10.00 10.00 12.61% SCM CAPITAL LIMITED info@scmcapitalng.com Web: www.scmcapitalng.com; Tel: +234 1-280 2226,+234 1- 280 2227 Fund Name Bid Price Offer Price Yield / T-Rtn SCM Capital Frontier Fund 119.64 120.24 -0.88% 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 1.27% 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 2,313.24 2,327.24 2.13% Stanbic IBTC Bond Fund 191.74 191.74 2.16% Stanbic IBTC Ethical Fund 0.93 0.94 -1.58% Stanbic IBTC Guaranteed Investment Fund 249.59 249.61 3.00% Stanbic IBTC Iman Fund 161.73 163.49 -0.88% Stanbic IBTC Money Market Fund 100.00 100.00 13.06% Stanbic IBTC Nigerian Equity Fund 8,311.28 8,411.65 -0.33% Stanbic IBTC Dollar Fund (USD) 1.11 1.11 3.25% 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 11.06 11.21 4.63% Zenith Ethical Fund 12.33 12.45 2.84% Zenith Income Fund 20.81 20.81 8.08% Zenith Money Market Fund 1.00 1.00 11.80%

REITS NAV Per Share

Yield / T-Rtn

5.95 118.46 51.87

-39.35% 0.14% 0.03%

Bid Price

Offer Price

Yield / T-Rtn

10.44 111.42 86.09

10.54 113.82 87.69

-1.05% -5.00% -2.91%

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

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

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

funds@vetiva.com Bid Price

Offer Price

Yield / T-Rtn

3.95 6.93 14.27 12.61 147.11

3.99 7.01 14.37 12.81 149.11

-1.35% -9.04% -4.55% 1.97% 2.47%

NAV Per Share

Yield / T-Rtn

107.13

17.03%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

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

TUESDAY FEBRUARY 5, 2019 ˾ T H I S D AY

INTERNA TIONAL

No Deal Brexit Likely after Meeting British MPs, Says EU One of the European Union’s most senior officials warned that a no deal Brexit looks ever more likely on Monday, after an “inconclusive” meeting with British MPs. Members of the House of Commons Brexit steering committee came to Brussels

to meet Martin Selmayr, EU president Jean-Claude Juncker’s powerful right-hand man. The talks had been meant to explore ways to secure an orderly divorce after the British parliament rejected the deal negotiated by Prime Minister Theresa May.

Pope Signs Historic Pledge of Fraternity in UAE The Pope and the Grand Imam of Al-Azhar have signed a historic declaration of fraternity, calling for peace between nations, religions and races, in front of a global audience of religious leaders from Christianity, Islam, Judaism and other faiths. Pope Francis, the leader of the world’s Catholics, and Sheikh Ahmed al-Tayeb, the head of Sunni Islam’s most prestigious seat of learning, arrived at the ceremony in Abu Dhabi hand-in-hand in a symbol of interfaith brotherhood. The document pledges that Al-Azhar and the Vatican will work together to fight extremism. Claiming to be in the name of “all victims of wars, persecution and injustice”, it warns against a “third world war being fought piecemeal”. It says: “We resolutely declare that religions must never incite war, hateful attitudes, hostility and extremism, nor must they incite violence or the shedding of blood.” In the first ever papal visit to the Arabian peninsula, the birthplace of Islam, the pope specifically called for an end to wars in the Middle East, naming Yemen, Syria, Iraq and Libya. All religious leaders had

a “duty to reject every nuance of approval from the word war”, he said in a 26-minute address. The UAE is part of the Saudi-led military coalition engaged in the war in Yemen. On Sunday, before leaving Rome for Abu Dhabi, Francis said he was following the situation in Yemen “with great concern”, and that the population was “exhausted by the lengthy conflict, and a great many children are suffering from hunger”. In his speech on Monday evening – his first public comments during the threeday trip – he welcomed “the opportunity to come here as a believer for peace … We are here to desire peace, we are here to promote peace, to be instruments of peace.” Violence, extremism or fanaticism could never be justified in the name of religion, he said. He also called for religious freedom “not limited only to freedom of worship”, justice and for religions to “stand on the side of the poor”. Sheikh Tayeb, who addressed the pope as “my dear brother”, said millions of Muslims had paid the price for the actions of “a handful of criminals” following the 9/11 terrorist attacks.

US Warns of Possible Terror Attacks Targeting Westerners in Kenya The United States on Monday issued a security alert for Kenya, citing credible information that Westerners may be targeted by extremists in three Kenyan towns. In its security alert, the U.S. embassy in Kenya reminded the public of the continued need for enhanced vigilance throughout the country. “Terrorists may be planning to carry out attack on Westerners in the capital, Nairobi, and in Naivasha and Nanyuki, both in northwest Kenya. “The U.S. Embassy reminds the public of the continued need for heightened vigilance throughout Kenya, especially in public spaces such as shopping malls, hotels, and places of worship,’’ it said in its alert. The embassy asked the public to beware of their surroundings and stay alert in locations frequented by tourists and

Westerners. The latest warning came after al-Shabab attacked a luxury hotel and office complex housing multinational companies in Nairobi on Jan. 15 that left 21 people killed and several others injured. Security forces have arrested and taken to court, several suspects, in connection with terror attack at the leafy Dusit2 complex on 14 Riverside Drive. Somalia-based terror group al-Shabab claimed responsibility for the hotel attack, saying they killed 47 people inside Dusit Hotel, part of a Thai-owned international chain that appeared to be the chief target of the attackers. Two people were injured on Jan. 26 when a suspected improvised explosive device exploded at a busy street in Nairobi, a day after the U.S. embassy issued a similar alert.

Instead, Selmayr was left more pessimistic than before. “The meeting confirmed that the EU did well to start its no deal preparations in December 2017,” Selmayr tweeted after the British delegation left the talks. Some British officials have suggested May might be able to get a deal through parliament if the EU makes “legally binding” changes to the withdrawal agreement. In particular, London wants to see a promise that Northern Ireland can stay in the EU customs union indefinitely,

known as the backstop, changed or taken out entirely. But Selmayr reiterated the EU’s firm opposition to this idea, and cast doubt on whether a deal would pass the Commons even if May asks for and receives concessions. “On the EU side, nobody is considering this,” he said. “Asked whether any assurance would help to get the Withdrawal Agreement through the Commons, the answers of MPs were … inconclusive,” he tweeted. Earlier, the chairman of the Commons Brexit committee,

Hilary Benn had described the meeting as “useful”, but confirmed there was no breakthrough. Benn, a member of the opposition Labour Party, said he had suggested Brexit be delayed so that a full future relationship can be negotiated before Britain leaves. The suggestion, made “personally” and not on behalf of the committee, was received “courteously”, he said, but Brussels is waiting for May to say what she wants. The committee’s Conservative vice chair, John Whittingdale,

told reporters that he had given Selmayr a suggestion that the backstop be removed from the deal. “He asked us whether or not a letter which would be legally binding might be sufficient, but I think we would need to see what that contained to have an absolute assurance that it does give us an exit,” Whittingdale said. “Now if that can’t be obtained then I think it will be difficult to get a majority in the House of Commons — particularly after the last vote,” he warned.

Pope Francis (left), and Grand Imam after signing the historic pledge of fraternity in UAE…yesterday

French Fighter Jets Back Chadian Forces after Incursion from Libya French fighter jets struck targets in Northern Chad in support of local troops trying to repel a convoy of unidentified fighters that had crossed the border from Libya, the French Military said on Monday. The strikes could be the first official backing by Paris of President Idriss Deby as he looks to quell a fledgling rebel movement, the Military Command Council for the Salvation of the Republic (CCMSR), that seeks to overthrow him. The statement did not say who was behind the incursion, but it was the first time French forces have hit targets in support

of Chadian troops since the CCMSR movement based in Southern Libya increased its activities 2018. “A Mirage 2000 patrol of the French armed forces intervened jointly with the Chadian army in Northern Chad to strike a column of 40 pickups of an armed group from Libya infiltrating deep into Chadian territory,” the armed forces said. “This intervention at the request of Chadian authorities helped hinder this hostile advance and disperse the column.” France considers its former colony as vital in the fight against Islamist militants in West

Africa and the headquarters of its 4,500-strong counter-terrorism Operation Barkhane force is in the Chadian capital N’djamena. The U.S. also has a base in the city. Deby has deployed thousands of battle-hardened troops to face threats from groups with links to al Qaeda and Islamic State, which operate across the lawless, semi-arid Sahel band, and from Nigeria-based Boko Haram militants. “Deby remains the most viable and solid partner in the region and the Chadians are counting on France for the Libyan border,’’ a French military source said.

However, Deby’s efforts have strained N’Djamena’s military and hit the oil-dependent economy, which has in turn led to growing internal dissatisfaction. Deby, who closed the Libyan border in 2018, has faced several rebellions since coming to power in 1990 at the head of an insurrection that toppled then president Hissene Habre, but there has been relative calm The CCMSR, which says it has 4,500 fighters, was founded in 2014 and its ranks included former rebels from the Darfur region of neighbouring Sudan and former political allies of ex-president Habre.

Sexual Abuse: R. Kelly Banned from Philadelphia City Popular American multiple Grammy award winner, Robert Sylvester Kelly also known as R. Kelly has been banned from the city of Philadelphia over alleged sexual abuse of young women. According to CBS Philly, the Philadelphia City Council voted unanimously to ban the singer from stepping foot in the city as part of Councilwoman Helen Gym’s “Mute R. Kelly” resolution. Gym took to her twitter handle @HelenGymAtlarge to make the bold announcement.

“We reject a system that silences black women and accepts black pain. We believe survivors. R Kelly is not welcome in Philadelphia.’’ However, CBS Philly revealed that the resolution is not enforceable adding that Kelly will not be arrested or physically removed from the city if he tries to perform or just stops by. Gym sees the resolution as a statement letting the singer know that the city supports his survivors and condemns sexual abuse. The divorced father of three has been facing a series of

allegations of abduction, sexual abuse and exploitation by several women and young girls The `I Believe I can Fly’ crooner has been in troubled water since the release of the documentary `Surviving R. Kelly’ where the victims made a lot of stunning revelation about their experiences with the superstar. Surviving R. Kelly is a sixhour-long chapter documentary that dives into the terrible, tangled history of allegations against the 52-year-old superstar He was dropped by the record label on Friday, January

18 after women, organization and parents and relations of victims protested at the Sony Music Office in Los Angeles and New York. Reports had it that Lady Gaga and Celine Dion who had worked with him (Gaga’s `What do you want’ and Dion’s `I am your Angel’) had apologised and promised to remove the songs from streaming platforms. Similarly, Chance the Rapper also pulled out his 2015 collaboration with R. Kelly `Somewhere in Paradise’ from all streaming services.

TUESDAY FEBRUARY 5, 2019 ˾ T H I S D AY

NEWS

Chopper Crash: AIB Concludes Field Investigation Caverton assigns new chopper to Osinbajo Chinedu Eze The Accident Investigation Bureau (AIB) said it has concluded field investigation into the helicopter crash

involving the Vice President, Prof. Yemi Osinbajo. The bureau however, said that the preliminary report, which would be ready “soon,” would unravel the cause of the

Let Witches, Wizards Endorse Atiku, He’ll Fail, Says Presidency President Muhammadu Buhari’s Special Adviser on Media and Publicity, Mr. Femi Adesina, yesterday condemned the endorsement of the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, by some socio-cultural groups, saying that even if witches and wizards endorse the presidential hopeful, he would be defeated. Five socio-cultural groups, including the Northern Elders’ Forum (NEF), Afenifere, Ohanaeze Ndigbo, the Pan Niger Delta Forum (PANDEF) and Middle Belt Forum had, on Sunday, endorsed Atiku for

the forthcoming presidential election. But taking to his verified Twitter handle, @FemAdesina, yesterday, the president’s aide had tweeted: “NEF, PANDEF, Afenifere, others endorse Atiku. Let witches and wizards also endorse, if they like. The harder they come, the harder they fall. No beating the Nigerian people.” Another presidential spokesman, Garba Shehu, had in a statement in Abuja dismissed the position of the groups, saying that the PDP was only hiding under the cloud of ethnicity to avoid its inevitable defeat.

major incident, which occurred last Saturday in Kabba, Kogi State. This is just as industry experts have frowned at frequent accidents involving helicopters in Nigeria. They however urged the Nigerian Civil Aviation Authority (NCAA), to increase its oversight functions on General Aviation. Following the crash-landing of the helicopter assigned to the vice president, the Caverton Group has deployed another helicopter to Osinbajo to continue his campaigns, as the presidential election is

less than two weeks away. Caverton made this known through its twitter handle, @Caverton Group, where it stated, “A true statement of our commitment to safety and professionalism the Vice President Professor Yemi Osinbajo continues his campaign flying with Caverton.” On the completion of field investigation by AIB, the General Manager, Public Affairs of the Bureau, Mr. Tunji Oketunbi, said the agency sent its investigators to the crash site on Sunday who conducted field investigation into the incident.

He, however, said that AIB could not ascertain the cause of the incident yet and urged the public and industry professionals to refrain from making comments on the crash until the outcome of the preliminary report. He said: “Our investigators have done site investigation on the crash. The investigators were on ground at the crash site on Sunday. But, as it is, we don’t know the cause of the incident yet; we have to wait for the preliminary report. It is unprofessional to pre-empt the cause of the incident without waiting for the outcome of our

investigation.” AIB in earlier statement by its Commissioner and CEO, Akin Olateru, vowed that it would carry out detailed, thorough and timely investigation into the crash. According to the statement, 12 persons, including Osinbajo, government officials and crew were onboard the helicopter when the crash occurred. He however, noted that the investigation was not to apportion blame, rather to find out why the incident occurred and also make safety recommendations with a view to prevent recurrence.

CSOs Storm UK, US, Canadian Embassies, Demand Adeyanju’s Release Adedayo Akinwale in Abuja Following the ‘illegal’ incarceration of rights activist, Deji Adeyanju, for the past 52 days in Kano prison, a coalition of civil society organisations (CSOs) under the aegis of Concerned Civil Society groups stormed the United States of America, United Kingdom and Canadian embassies yesterday calling for the unconditional release of the activist. They CSOs also called on the international community to prevail on the Nigerian Police Force and the federal government to respect the laws and release Adeyanju who was earlier discharged and acquitted for the same alleged offence. The group led by the Coordinator of the Coalition in Defence of Nigerian Democracy, Mr. Ariyo-Dare Atoye, carried placards with

various inscriptions like: ‘Tyranny thrives when majority are cowed’; ‘Democracy under Threat’, among others. Atoye, while addressing the group, said Nigerians youths played key role in the enthronement of the government of President Muhammadu Buhari, and are committed to bring the government down following the new wave of disregard for democratic institutions and the use of executive fiat to engage in illegalities without regard to the rule of law. He said: “Fellow comrades of Deji Adeyanju in the civil society fear that this is a conspiracy to not only take him to a location beyond our reach, since we all reside within Abuja, but to also execute a wicked plot to put him out of circulation indefinitely.

ONSA Restates Commitment to Protect Critical National Infrastructure Emma Okonji The Office of the National Security Adviser (ONSA) has reiterated its commitment to protect the internet and other critical national infrastructure in the telecommunications sector. ONSA spokesperson, Mr. Reuben Danjuma, restated the commitment in a statement while reacting to allegations making the rounds that the federal government, through the ONSA, has directed the Independent National Electoral Commission (INEC) to work with Internet Service Providers (ISPs) to shut down internet access during the forthcoming general election in order to facilitate election rigging. According to Danjuma, “The ONSA is very much aware that the internet and the associated communications infrastructure are major components of the critical

national infrastructure, which the ONSA is mandated to protect. The office, in collaboration with relevant Ministries, Departments and Agencies (MDAs) of the government, makes continuous efforts to protect the critical infrastructure and improve services delivery to Nigerians.” According to the statement, “Every single national security platform in the country rides on the same internet to function. Therefore, shutting down the internet is akin to shutting down national development and security. The office of the National Security Adviser remains committed to protecting the rights of the public to access information and communications technology facilities. “The office also remains non-partisan and committed to ensuring that Nigerians freely exercise their civic rights.”

CAMPAIGN RALLY…

L-R: Senior Special Assistant to the Presdent, Senator Ita Enang; All Progressives Congress (APC) governorship candidate in Akwa Ibom State, Nsima Ekere; and Managing Director of Oil and Gas Free Zone Authority ( OGFZA; Umana Okon Umana; and Senator John Udoedeghe, at the APC campaign rally in Ibesikpo-Asutan...yesterday

Atiku’s US Visit was Temporary Reprieve from Graft Ban Jonathan Eze with agency reports The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar’s recent visit to the United States to meet with top US diplomats and lawmakers was possible due to a temporary suspension of a travel ban linked to decade-old bribery scandals, according to a report by Reuters. The US administration has not commented on Atiku’s status or his travel, but several US diplomats and others familiar with the visit told Reuters that the former vice president has been banned from entering the United States for several years after he featured prominently in two corruption cases. For Atiku’s supporters, the fact he was able to visit Washington on January 17 and 18 without

being arrested was proof that the allegations were baseless. “It is fake news, and we showed that,” said Harold Molokwu, who heads the US chapter of Atiku’s PDP. Several US government officials said the travel ban was waived temporarily by the US State Department after lobbyists mounted a campaign among congressional lawmakers arguing that the administration should not snub the leading challenger to Nigerian President Muhammadu Buhari in the February 16 election. The report further stated that one person familiar with the matter, speaking on condition of anonymity, said Atiku was allowed to enter because the United States saw little benefit to creating bad blood with the man who might be the next leader of

Africa’s most populous nation and the continent’s biggest oil producer. Lobbyists hired by Atiku said they sought to overcome resistance at the State Department by securing support from members of Congress for the visit, as well as arguing that the top US official for African affairs, Assistant Secretary Tibor Nagy, had an obligation to encourage democracy in the seventh most populous country in the world. “Assistant Secretary Nagy was pleased to meet with him and share the US government’s expectations that Nigeria’s elections be free, fair, transparent, and peaceful, and reflect the will of the Nigerian people,” a State Department official said, stressing the department had not requested the waiver. Buhari first took power in a

military coup in the 1980s but was democratically elected in 2015. He is seeking a second term in part on an anti-corruption platform. Atiku’s visa troubles stem from when he served as Nigeria’s vice president, from 1999 to 2007. He figured prominently in the corruption trial of former US Representative William Jefferson, who was accused of trying to bribe Atiku in an effort to expand a technology business in Nigeria. Jefferson was convicted in 2009 and sentenced to 13 years in prison. His sentence was subsequently reduced. Separately, US Senate investigators in 2010 alleged that one of Atiku’s four wives helped him transfer more than $40 million in “suspect funds” into the United States from offshore shell companies.

Ezekwesili: I Didn’t Dump Presidential Ambition for Ministerial Position Udora Orizu in Abuja Former presidential candidate of the Allied Congress Party of Nigeria (ACPN), Dr. Oby Ezekwesili, has denied an allegation that she dumped her presidential quest following a promise to give her a ministerial appointment by either the All Progressives Congress (APC) or Peoples Democratic Party (PDP). Ezekwesili, at a press conference in Abuja yesterday described the allegation as the “height of political comedy”, wondering why she would go through the pains of launching a presidential campaign

only “to negotiate for a role I last occupied twelve years ago and have thrice rejected since after.” She also denied an allegation that she did not only raise but also looted her campaign donations, saying it was “only morally bankrupt politics that can make anyone even imagine such accusation against me.” According to her, “The allegation was a desperate attempt by the ACPN leadership to slander her. Here are the facts that speak for themselves. Since I resigned as a cabinet minister in 2007, it is known that I have declined offers by

different governments to serve as a minister again.” “Such mud-raking tactics is the reason why our best minds abstain from offering themselves up for political office, thus leaving the worst of us to lead the rest. It won’t and can never stop me. “My absolute dedication to public accountability is widely known and no matter how much we had hoped to raise as campaign support from the public, we designed an accounting system to go beyond the basic minimum of accountability required by the Electoral Act,” she said. Reacting to the position of the

Independent National Electoral Commission (INEC) that her withdrawal was of no effect given the timing, Ezekwesili said: “I acknowledge INEC’s position on the withdrawal of my candidacy. Based on the Electoral Act, the time has elapsed for withdrawal; so, the law still sees me as a presidential candidate. “However, I have suspended my campaign and INEC’s position on my candidacy will have little effect. My lawyers have officially written to INEC in a symbolic gesture to make them aware of my separation from ACPN,” she said.

TUESDAY FEBRUARY 5, 2019 ˾ T H I S D AY

NEWS

Appeal Court Didn’t Order INEC to Relist Candidates, Abe Insists Hamid Adedeji The senator representing Rivers South-east senatorial district in the National Assembly, Senator

Magnus Ngei Abe, yesterday welcomed the ruling of the Court of Appeal granting stay of execution to enable the All Progressives Congress (APC)

Atiku Will Win Presidential Election, International Pollster Predicts Jonathan Eze With barely two weeks to the 2019 presidential election, a field work conducted by the Pollster, Williams and Associates, has predicted that the candidate of the opposition Peoples Democratic Party (PDP), Atiku Abubakar, will win the election as posted on the website of the company yesterday. Williams and Associates had in a similar field work in 2015, predicted the defeat of the administration of President Goodluck Jonathan in the last presidential election in Nigeria. Information posted on the website of the company shows that it deployed the same methodology used in the 2015 prediction to conduct the field work for 2019 election. The activity was conducted between January 11 and January 16, 2019 across all the six

geo-political zones of the country. The result of the poll shows that the PDP candidate, Atiku will win other candidates in the election with 45 per cent of the total vote cast, 12 per cent higher than his closest opponent, incumbent President Muhammadu Buhari, who polled 33 per cent. According to the result, 64 per cent of respondents disapprove that President Buhari has done his job well enough to deserve re-election. It added that the contentious issues that would shape the direction of the election are unemployment, poverty, corruption, insecurity among others. While responding to a question on whether respondents expect the economic situation next year to get better or worse, a whopping 53 per cent are pessimistic on the future of the economy.

appear on the ballot box in Rivers State. The senator however, pointed out that the court did not restore the name of anyone but merely gave a stay to enable the party prepare for the forthcoming general election. Abe, in a statement issued by his spokesperson, Parry Saroh Benson, said the Court of Appeal sitting in Port Harcourt did not order the Independent National Electoral Commission (INEC) to restore names of candidates for the 2019 governorship, State House of Assembly and National Assembly elections. He said that it has always been of his view that what is required in Rivers APC is a dispassionate review of the issues in contention so that a clear and definite decision can be made on those to fly the flag of the party in the forthcoming elections. “The statement reads in parts,

“the facts are simple and sacred. A faction of the party led by the Minister of Transportation and the Director General of the Presidential Campaign conducted congresses and indirect primaries in clear and open violation of the orders of a court of competent jurisdiction. This was done in the full glare of the entire country”. According to Abe, the issue was taken up to the Supreme Court, and the court in its wisdom held that having disobeyed the court so openly they were not entitled to any relief from the courts. “This position was clearly set out in Ibrahim Umar & Ors Vs. APC as reported in Part 1650, 18. Nigerian weekly law reports at page 139”, he maintained. He went further to say that all the actions based on that illegality was voided and remained void. “The judgment that is now being stayed was based in part on that position of

the Supreme Court”. However, he stated, “what Nigerians are witnessing now is a desperate attempt to reverse the law to get the President to raise the hand of candidates that the law has said does not exist. The President’s decision to abide strictly to the correct legal position is the reason for the current pressure on the Judiciary”. Senator Abe who is the Chairman, Senate Committee on FERMA congratulated their Lordships for the decision which according to him, is in line with the position of all Nigerians that APC must be on the ballot in Rivers State. He further stated that the application to declare any faction as the authentic candidates of the party was specifically rejected. “That issue is the subject of series of pending litigations before Supreme Court and the Court of Appeal”, Abe added

“The main issue that must now agitate the minds of Nigerians is the position of the Supreme Court on the matter moving forward. Will the Supreme Court turn around to tell Nigerians that its former position on the consequences of disobedience to the orders of the courts no longer holds? Or can the court of appeal now overturn an existing judgment of the Supreme Court? He questioned. “The indirect primaries did not hold by law, but the APC conducted a valid, and lawful direct primaries that clearly puts the APC on the ballot without legal entanglements. “Let me assure all lovers of justice that a change of the judges does not automatically translate into a change of the law. Therefore, we should all remain calm. The struggle for justice in the party will continue until victory is achieved,” he stated.

APPEAL COURT GIVES RIVERS APC REPRIEVE

Meanwhile, the Tonye Cole Campaign Organisation (TCCO) has applauded the ruling. TCCO, in a statement issued in Port Harcourt yesterday by its spokesman, Mr. Ogbonna Nwuke, said the high court judgment had stood between the APC and its right to participate in the general elections. The statement read in part: “The court in its wisdom stayed the execution of the judgment of the Federal High Court, which had stood between the APC and its right to participate in the forthcoming general elections in Rivers State. “Recall that Governor Nyesom Wike and the Peoples Democratic Party (PDP) had dragged the gubernatorial candidate of the APC, Pastor Tonye Cole, and other candidates of the party to the Federal High Court. “In what was obviously an attempt to deny the Rivers people of their right to choose in an election year, the PDP and its leadership in the most bizarre manner moved to foreclose the participation of the APC in the electoral process. “We are, therefore, elated by the ruling of the Court of Appeal which has responsibly removed all legal encumbrances that were hindering the progress of the APC in Rivers State “The decision of the Court of Appeal has proved beyond reasonable doubt that justice can only be delayed, but not denied. It has similarly justified the legal axiom which says that those who come to equity must do so with clean hands.”

We Have Been Vindicated, Says Rivers APC Also reacting to the judgment, the Rivers State chapter of the APC said it has been vindicated by the ruling, adding that victory at the Supreme Court was only a matter of time. In a statement issued by its Publicity Secretary, Mr. Chris Finebone, the party said: “We have always said that the wheel of justice may grind slowly, sometimes annoyingly slowly, but surely justice comes ultimately. We believe that today’s judgment has vindicated APC in Rivers State. “Now, anyone who has carefully and painstakingly followed our pending matter at the Supreme Court, especially, during the last sitting before the apex court reserved ruling, will easily and safely conclude that our victory at the Supreme Court is only a matter of time.” We Are Not Perturbed by the Ruling, PDP Insists In his own reaction, Governor Nyesom Wike’s Campaign Organisation, said it was not perturbed by the ruling. The spokesman of the organisation, Mr. Emma Okah, said Wike, who is the PDP governorship candidate, was confident of winning the election because of his achievements in the state. “We are not perturbed. We are not afraid of any candidate contesting against Governor Nyesom Wike. His achievements in the state will speak for him and the people of Rivers State will surely grant him victory any day,” he said.

DEPLOYING DIGITAL TECHNOLOGY…

L-R: Supervisor, Ministry of Information and Strategy, Osun State, Mr. Adelani Baderinwa; Deputy Governor of Osun State, Mr. Benedict Alabi; Governor Gboyega Oyetola; and Head of Service, Mr. Olowogboyega Oyebade, during the inauguration of Osun State Broadcasting Corporation (OSBC)’s Revitalisation Committee, at the Governor’s Office Osogbo…yesterday

Military Repels Boko Haram Attack in Adamawa Communities

Daji Sani in Yola

The military has repelled attack by suspected Boko Haram terrorists on communities in Michika and Madagali Local Government Areas (LGAs) of Adamawa State. A community leader who pleaded anonymity said sporadic gunshots were heard at

about 7 p.m. yesterday around Kirchingha in Madagali LGA. Suspected members of the Boko Haram terrorists reportedly invaded Critenga, and Shuwa communities in Madagali and Michika LGAs of the state. Eyewitness in Michika town, the deputy editor of leadership, Mr. Stephen Pembi who was

in Michika on official visit said residents have deserted Madagali and Michika and escaped to the mountains He said the casualty figure of the attack was yet to be ascertained However another source said, currently the insurgents were in a fierce battle with military in Critenga, Madagali

LGA. He said as a result of the sound of gunshots, residents of Madagali and Michika have fled to the mountainous areas for safety. The Police Public Relations Officer (PPRO) of the Adamawa State Command, Mr. Othman Abubakar, said he was yet to get details of the attack.

BUHARI ADMITS AGENCIES STILL DIVERT GOVT FUNDS fund. Recalling the maxim that “prevention is better than cure,” the president reminded the board of its mandate and encouraged it to evolve what he described “as strong preventive policy measures and strategies for government’s endorsement to take us to the ‘Next Level’ in the fight against corruption.” He also advised members of the board to deploy their

skills and expertise to fish out ministries, departments and agencies (MDAs), which according to him, are “highly prone to corruption and what must be done to bring about better governance.” He advised them to make use of Anti-Corruption Transparency Unit (ACTU) in MDAs that was recently launched by ICPC to stop corruption and ensure full

compliance with federal government’s anti-corruption measures and other extant laws. In his remarks, the new ICPC Chairman, Owasanoye, showered praises on the president, saying the board members were lucky to be given the assignment, promising that members of the board would strive hard to live up to the president’s expectation.

“We are lucky to be given this assignment because under your leadership, your unquestionable, unequivocal and unshakable resolve to deal with corruption is very well “Therefore, the political will required to fight corruption is available. I pledge on behalf of the commission and members that we will do our best not to disappoint you or disappoint the country,” he stated.

TUESDAY FEBRUARY 5, 2019 ˾ T H I S D AY

NEWSEXTRA

Health Workers Give FG Seven Days Ultimatum to Embark on Strike The Joint Health Sector Union (JOHESU) yesterday issued a seven-day ultimatum to the federal government to meet its demands. The National Chairman of the union, Mr. Josiah Biobelemoye, stated this at a warning rally organised by the union in collaboration with the Nigeria Labour Congress (NLC) and Trade Union Congress (TUC) among other stakeholders, to drive home the challenges bedeviling the health sector in Abuja. Biobelemoye noted that the seven days ultimatum, effective from January 4, was given due to the intervention of clerics and their love for the Nigerian populace. “We decided to seek God’s

intervention by reporting our offenders to him. Last Friday we attended the Juma’at prayers while on Sunday we attended Church service. “Fortunately and unfortunately, we met the Minister of Health in the church where we worshipped and the Overseer told him that he is in a better position to resolve this matter and allow the populace to receive better health. “The cleric further pleaded with us to exercise some patience, hence we decided to give the seven-day ultimatum after which we will report to the NLC that decided to take over the matter,” Biobelemoye noted. The chairman listed the demands of the union as

unjustified withholding of the salaries of its members for April and May last year and upward adjustment of CONHESS Salary Structure and headship of hospital departments. Others, according to him, are implementation of consultancy cadre for JOHESU members and punitive actions against its members at Federal Medical Centre Owerri and Jos University Teaching Hospital (JUTH).

Biobelemoye specifically noted that these demands were outside the ones under the Alternative Dispute Resolution (ADR), adding that the rally was basically informed due to the violation of the May 30 court order by the Federal Ministry of Health. According to him, the court ordered the union to suspend the action and also said no party should do anything that will

jeopardise the peace in places of work. He said: “While we are in the ARD discussing, the Federal Ministry of Health decided to indiscriminately implement nowork-no-pay after the court has said no one should do anything to provoke the other. “We refused to take action for over seven months that they violated the court’s order because we are mindful of the fact that

every strike affects the common man negatively. “We know that public health institutions are the cheapest for the Nigerian populace so we were reluctant of embarking on strike for over seven months. “We have used the means of dialogue to impress it on the federal ministry of health and its management that they are violating a court order but to no avail.

Court Fixes February 14 to Hear Suit on Buhari’s Certificate Davidson Iriekpen Justice Binta Nyako of the Federal High Court in Abuja yesterday fixed February 14 to hear the suit filed to challenge President Muhammadu Buhari’s academic qualifications. The suit filed by the Incorporated Trustees of the Civil Society Observatory for Constitutional and Legal Compliance (CSOCLC) has other defendants as the Independent National Electoral Commission (INEC) and All Progressives Congress (APC). When the case was called yesterday, counsel to the plaintiffs, Mr. Nnamdi Nwokocha-Ahaaiwe, informed the court that the matter was ripe for hearing as all the defendants had been served with the originating summons last year but had all failed to file any defence to the action or any other process even as they were now out of time. He informed the court that counsel to INEC, Mr. Hassan Umar, called him some days ago to confirm the date and was surprised that he was not in court. Counsel to the APC, Mr. Temitayo Lasaki, informed the court that though they were out of time, they would file their processes by February 5. Counsel to President Buhari,

Mr. Abdul Mohammed Rafindadi, informed the court that he too was doing everything possible and working hard to complete and file a defence to the action and promised to do so before next Wednesday. The plaintiffs’ counsel, Nwokocha-Ahaaiwe, told the court that he was ready to file his reply to any process served on him by defendants within a matter of hours. The court ordered all the parties to file and exchange all processes in the matter before end of the week and adjourned the case for definite hearing of the originating summons and any other application if need be. The plaintiffs in the substantive suit are praying the court to disqualify President Buhari for lying under oath contrary to Section 31 of the Electoral Act when he claimed that all his educational qualification documents are with the Secretary to the Military Board. The plaintiffs claimed that there is nothing like ‘Military Board’ or ‘Secretary to Military Board’ in Nigeria and that that false claim disqualified the president pursuant to the Electoral Act.

Cancer Kills 41,000 People in Nigeria, Says WHO World Health Organisation (WHO) has announced that 41,000 people lost their lives to cancer out of 166, 000 cases recorded in Nigeria last year. WHO Nigeria Health Emergency Team head, Dr. Clement Peter, made the announcement to journalists while addressing them as part of activities to commemorate the World Cancer Day at the WHO headquarters in Abuja. Peter said Nigeria might continue to experience a rise in the scourge if stringent measures are not taken by individuals, communities and the federal government towards addressing the key drivers of the disease. He listed some of the key drivers as tobacco use, alcohol consumption, sedentary

lifestyle and unhealthy diets. The WHO chief said the disease could be prevented and the burden reduced if individuals, families and communities were willing and ready to make the necessary changes to their ways of life. Peter urged individuals, families and communities to therefore engage in and adopt healthy lifestyle such as eating proper and healthy diets, engaging in appropriate exercises and ensuring routine medical check at all times. He also urged the populace to ensure proper vaccination against cancer. According to him, “In 2018, we recorded an estimated 166,000 cases of cancer burden in Nigeria and 41,000 deaths.

LET THERE BE POWER SUPPLY…

L-R: Director General, National Power Training Institute of Nigeria (NAPTIN), Mr. Bolaji Ahmed-Nagode; Group Managing Director, Sahara Power Group, Mr. Kola Adesina; Director, Egbin Power Plant, Mr. Paul Harriman; and Representative of Chief Operating Officer, First Independent Power Plant Limited, Mr. Felix Egiware, at the NAPTIN/ Sahara Power graduating engineering induction programme in Lagos …yesterday PHOTO: ETOP UKUTT

Phillips Consulting Calls for Joint Action against Cancer in Nigeria Peter Uzoho Following its study in 2018, on the socioeconomic impact of cancer, which revealed alarming burden on the victims, the caregivers and the country at large, Phillips Consulting Limited has called for a combined effort of all stakeholders in order to tackle the scourge in the country. It challenged health professionals, government, nongovernmental organisations, researchers of all stripes and other interested corporate bodies to urgently provide the basis for effective actions against Cancer, stressing that

the task of beating cancer requires the combined efforts of all stakeholders. The research organisation said the study whose responses were gathered from thousands of Nigerian cancer victims, caregivers, family and friends, showed that the diseases has plunged many caregivers into soliciting alms from the public for the treatment of the patients. According to the report, several health management organisations in Nigeria do not cover Cancer treatments even as the Nigerian National Health Insurance Scheme (NHIS) don’t.

The report further revealed that the cost of cancer treatments in Nigeria ranges from N850, 000 ($2,361) and $10, 000 (N3, 600,000), and that due to the inability of the masses to afford these costs, the number of people resorting to public intervention has constantly increased over the years. This, it noted, is an intuitive evidence of the great socioeconomic burden faced by cancer patients and their caregivers. Highlighting further findings of the report, the Managing Consultant, Phillips Consulting, Mr. Victor Mbah said every

year, tens and thousands of Nigerians trooped abroad in search of the best and most affordable medical treatments and health care services. Mba said: “Destinations such as The Middle East, India, Turkey, United States of America and Europe thrive on Nigerian medical tourists. Cancer patients spend astronomical amounts of money seeking treatment abroad, up to $60,000, excluding other associated financial costs such as visa fees, flight tickets, logistics, hotel accommodation and upkeep for the patient and their caregiver.

Ekere Blames Emmanuel for Hard Times in Akwa Ibom The governorship candidate of the All Progressives Congress (APC) in Akwa Ibom State, Mr. Nsima Ekere, has accused the state governor, Mr. Udom Emmanuel, of inflicting untold suffering on the people of the state through sheer incompetence and thoughtless policies of his administration. Speaking at a political rally in Ibesikpo-Asutan local council area, a suburb of Uyo, Ekere called on the people of the state to ask the state governor what he has done with so much that has come into the coffers of the

state through federal allocations, debt refunds, reimbursements for federal projects executed by the last administration and internally generated revenues. Ekere asked the people to reject the PDP administration in the state and vote for the APC in the upcoming general elections to allow for the implementation of his blueprint of collective prosperity for all in the state. “I have come here with a message that a vote for me is a vote to banish poverty, hunger, insecurity, theft of local

government funds, lawlessness and joblessness of our youths among other anti-people policies of the Udom Emmanuel administration,” Ekere said. “Akwa Ibom State has no reason to be poor,” he added. “Akwa Ibom State receives the highest allocation from the federation account, yet there is nothing to show for it under this administration. Please ask Governor Emmanuel what he has been doing with your money. Ask him what he has been doing with council funds; please ask him why

there is so much poverty in the land.” The managing director of the Oil and Gas Free Zones Authority, Mr Umana Okon Umana, who also addressed the rally, said the coming governorship election in the state would be a referendum on Governor Udom’s performance. Umana decried Emmanuel’s resort to ethnic sentiment, telling the people to reject Udom at the polls “because by his uncommon lack of capacity, he has brought shame to his ethnic group.”

ͽ˜ ͺ͸͹΁ ˾ T H I S D AY

TUESDAYSPORTS

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

NPFL….NPFL…NPFL….

Insurance Beats Lobi for First Win, Fortiﬁes Team with Four Ghanaians Duro Ikhazuagbe Bendel Insurance FC’s veteran midfielder, Charles Omokaro, recorded the team’s first win in the Nigeria Professional Football League (NPFL) yesterday. After four matches in the Nigerian topflight with a meager three points to show out of possible 12, Omokaro’s 70th minute strike against Lobi Stars at the University

of Benin Sports Ground made the difference yesterday. That win temporarily relieved the Edo Arsenal fans who have become restless with the three draws and one defeat results With Insurance’s lift to the seventh spot in the Group A standings, things are beginning to look bright that coaches Monday Odigie and Baldwin Bazuaye may after all, know what they are doing with the

team. For Lobi, Nigeria’s representatives in this year’s CAF Champions League who suffered two straight defeats in the continent and the domestic league within a space of three days, these are certainly not the best of time for the team. Moroccan side, Wydad Casablanca had last Saturday grabbed an away win at the Nnamdi Azikiwe Stadium in Enugu with a 2-1 scoreline. Coach

Solomon Ogbeide had hoped that his trip to his birthplace would wipe his tears with a win in the domestic league but that turned out another bad day for the Makurdi team. Now, the heat is going to be on him to perform of be shown the exit. Interestingly, Insurance’s victory came on the day a legend of the Benin team, Leotis Boateng, led four players from Ghana into the Edo capital to help fortify the team.

Although details of the players signed by Insurance have not been officially released, insiders at the team confided in THISDAY last night that the state government was doing everything possible to ensure that the club remains in the topflight. “After spending 11 years in the lower division, we don’t want Insurance experience life in the wilderness again. The Ghanaian players are going to

add value to the team we are even hoping to qualify for the continent next year,” revealed the top official in Edo sports last night. Bendel Insurance drew their first game away in Sagamu to Remo Stars, drew at home with Kwara United, recorded another draw against Niger Tornadoes and lost away to Wikki Tourists. The 1-0 win against Lobi is the first maximum three points for the Benin team in the topflight.

AFRICAN U-20 CHAMPIONSHIP

S’Africa Plans to Halt F’Eagles’ World Cup Ambition Today Femi Solaja with Agency report As the Flying Eagles aim to win and qualify for the FIFA Under-20 World Cup later this year in Poland, their opponent, Amajitas of South Africa has vowed to spoil the fun for the Nigerians when both countries face off tonight at the on going African Under-20 Tournament in Niamey, Niger Republic. After a brilliant start with 2-0 win against Burundi, another win tonight will not only qualify Nigeria into the semi finals but land the team a World Cup ticket as one of the four African representatives. However, to attain that feat, Coach Paul Aigbogun lads will have the country’s latest rivals from South Africa to contend with on Match-day two which is also very crucial to the Rainbow nation too after the 1-1 scoreline in their opening match against host Niger. South Africa Coach Thabo Senong is said to be bracing for a tactical battle against old foes, as his team seeks to move a step further for the ticket after a disappointing score draw last Saturday. “We are in a very tough group, we saw Nigeria had a very good start and won their first convincingly and for my

team to make head way, we need to be focused and ensure that we get the points against Nigeria whom we know are desperate to achieve the best too,” he said in an interview with South African tabloid, The Times. “We have to cut out the mistakes we made against Niger to increase our chances and hopefully, we can have a better game in the second match. We are playing against a very tough team, our players need to be switched on mentally to get a good result. “It’s going to be a technical game, all Nigeria’s players are good on the ball but we are also good on the ball, as well and I hope we get the better of them and secure four points before the final group match,” he remarked. THISDAY recalled that South Africa defeated Nigeria 2-1 at the group stage of the 2009 Africa Under-20 Tournament with goals from Ace Bhengu and George Maleleka but lost to the same side in the Third Place match. Meanwhile, Flying Eagles Coach Paul Aigbogun still insist that his priority is to qualify for the World Cup and play down the capability of other teams at the championship.

Vote Only Healthy Leaders, Sowore Urges Nigerians

rTakes part in 10km Lagos City Marathon Presidential Candidate of the African Action Congress (AAC), Omoyele Sowore, has called on Nigerians to vote people who will ensure that sports is developed to fit global best practices rather than leaders who will spend the nation’s resources on medical trips abroad. He made the statement while completing the 10km Access Bank Lagos City Marathon which took place at the weekend at the Eko Atlantic City in Lagos. Sowore said: “This is the kind of leader Nigeria needs, ones with stamina who are fit and can participate in sporting activities so that they can understand how sports should be developed and what a great

opportunity it is for our young people to aspire for something that is bigger than themselves.” On the need to elect healthy leaders, he said: “We do not need Nigeria’s next President to spend our resources on medical trips abroad. I challenge the two major parties filled with old people to present their candidates for a marathon. “They can never do it. They celebrate 800m walks and old ideas. We must change this on February 16th 2019,” stressed the AAC presidential candidate. Nigeria’s President, Muhammadu Buhari, embarked on a six-day vacation in the United Kingdom between February 5, 2016 and August 2016 which lasted 104 days.

SUPER BOWL 53 CHAMPIONS....

The New England Patriots celebrate after defeating LA Rams 13-3 to win the Super Bowl 53 on Sunday night

FG Signs Host State Agreement with Edo on 2020 Sports Festival The Edo State Government has signed the Host State Agreement for the 20th National Sports Festival with the Federal Ministry of Youth and Sports. The ceremony which took place at the Media Centre of the Abuja National Stadium yesterday, spelt out the responsibilities of the major stakeholders as written in the rules and regulations guiding the National Sports Festival. In his opening remarks, the Minister of Youth and Sports, Solomon Dalung, highlighted some of the responsibilities expected from the host state. “As contained in my letter of invitation to bid for the hosting rights to successfully host the National Sports Festival, Edo State is required to among other things, put in place a Local Organizing Committee and sub committees as it deems fit. “Provide befitting board and

lodge for members of the MOC, Games Services Sub-Committee and the MOC Secretariat for the duration of the festival, ensure the security of lives and property of all dignitaries , athletes, officials, spectators, guests, etc throughout the period of the festival. “They are to also ensure the physical availability of the approved facilities for all the sports on the official Programme and provide accommodation for accredited athletes and officials including facilities for central feeding.” Dalung assured stakeholders that he was optimistic that Edo State will provide and even surpass the requirements and advised the state to embark on aggressive sensitization and publicity needed in this regard. In his remarks, Governor Godwin Obaseki, expressed his profound gratitude to the Federal

Government through the Ministry of Youth and Sports on behalf of the people of Edo State for the confidence reposed in the state to host the 20th National Sports Festival in 2020. “We will not take this lightly. Being a state with history in sports, we clearly understand the implications and full ramifications of the hosting right. “We, as Bendel State were an integral part of the idea of formulating the National Sports Festival after the civil war, so we are very cognizant of the goals and purpose of the sports festival which is to build unity and patriotism, particularly, amongst young people in Nigeria, to develop their sporting talents and also for this Festival to serve as a hunting ground or recruitment base for talents at the grassroots level”. Governor Obaseki stated that

Edo State has commenced work ahead of the task ahead with a total revamp and refurbishment of the Samuel Ogbemudia Stadium. “The Samuel Ogbemudia Stadium has been covered. We have replaced the tartan tracks and the football pitch is being renewed, so we are prepared as a state to host this festival. “We realize that as the first state host after the re-establishment of the games, we need to set a new standard”. Gov. Obaseki named the Deputy Governor, Rt. Hon. Phillip Shaibu as the Chairman, Local Organising Committee and suggested a meeting of the National Council for Sports for February 21, 2019 for ratification and commencement of work in earnest. The 20th National Sports Festival is being proposed to hold in March 2020.

Dalung Congratulates New PCN Board The Minister of Youth and Sports Development, Solomon Selcap Dalung, has congratulated the newly elected Executive Committee of the Paralympic Committee Nigeria (PCN). The new board of PCN elected at an election which held in Lagos is to run affairs of the para-athletes for the next four years.

The minister who was the special guest at the recently concluded 2019 Lagos International Para-powerlifting Invitational Competition held at the Oriental Hotel, Lekki, Lagos, charged the Major General Emico Eruwa led PCN Executive Committee Board to be up and doing by ensuring that they improved on the legacy inherited from

their predecessor. He assured them of the Federal Government’s commitment towards creating enabling environment for sports federations to thrive in the country in order to enable our athletes to attain their maximum potentials. “Let me seize this opportunity of this event to congratulate the newly elected Executive board

of the Paralympic Committee Nigeria (PCN) and charge them to improve on the legacy inherited from their predecessor. “I want to assure you that the Federal Government is committed to creating enabling environment for sporting federations to thrive so that our athletes can attain their maximum potentials,” concludes the minister.

Tuesday February 5, 2019

UT H

& RE A S O

Price: N250

MISSILE Ezekwesili to ACPN

â€œTheir actions (ACPN leadership) last week did not surprise me one bit. My relationship with the ACPN became problematic once they faced the reality of my modest financial means that I had transparently disclosed to them from the beginning. Their mistake was that they harboured two wrong assumptions about me.â€? â€“Former presidential candidate of the Allied Congress Party of Nigeria, Dr. Obiageli Ezekwesili, explaining why the leadership of the party betrayed her

ISSAAREMU GUEST COLUMNIST

The Long March to Decent Work T

he NLCâ€™s 12th National Quadrennial Delegates Conference started yesterday in Abuja with the pre-Conference Central Working Committee (CWC) National Executive Council (NEC) meeting. The opening Ceremony of the threeday Congress takes place this morning scheduled to hold from at the International Conference centre (ICC) Abuja. The conference theme is: Towards a Decade of Activism for the Promotion of Labour Unity, National Re-birth and Development. About 675 delegates, drawn from 43 industrial unions affiliated to the NLC, are attending the conference compared to as many as 3119 delegates from 42 affiliate industrial unions that attended the 11th Congress in 2015. Increasing unemployment and factory closures seem to have impacted negatively on union memberships. This notwithstanding with estimated 6-million organised work force NLC remains the largest labour centre in Africa followed by Egypt (after Arab springs which allowed for independent free unions). The highpoint of the 12th National Delegatesâ€™ Conference is election of new National Executive Officers that will run the affairs of Congress in the next four years. In attendance at todayâ€™s congress would be notable living veteran unionists such as the founding and past NLC Presidents, 77- year old Alhaji Hassan Sunmonu (1978-1984), 87- year old Alhaji Ali Chiroma (19841988) and Comrade Adams Oshiomhole, (1999-2007). Comrade Paschal Bafyau, the third of President NLC (December 1998-1994) had passed on (May his soul Rest In Peace). Scores of representatives of fraternal global unions that include Ghana Trade Union Congress (Ghana TUC), Congress of Southern Africa Trade Unions (COSATU), Organisation of Africa Trade Unions Unity (OATUU), International Trade Union Congress (ITUC) are expected to attend the historic conference to be declared open by President Muhammed Buhari. Of the previous 11 Delegatesâ€™ conferences from 1978 to 2011, three conferences were special conferences. â€˜Specialâ€™ to the extent that, they were fall-outs of military disruption of independent and autonomous democratic union process; 1977/78 (the Murtala/Obasanjo military regime), 1988 (the Babangida regime) and 1999 (the Abdulsalami regime), following Abachaâ€™s dissolution of the NLC executive in 1994. The NLC cumulatively could be said to have been suffocated under the heel of military administrators for almost a decade (the highest being under Abacha dictatorship). Nigeria as a republic however had a longer spell of military misrule spanning over two decades. Against this background of shared history of military dictatorships with the country as a whole, the NLC 12th delegatesâ€™ conference taking

Ngige

Wabba

place on the eve of a democratic transition assumes a special importance. A successful conclusion of NLC conference raises, once again, greater hope of democratic process in Nigeria and indeed Africa as a whole. Nigeria and (indeed Africa) had produced strong democratic institutions one of which is Nigeria Labour Congress (NLC). Precisely I am involved as a delegate and as Comrade Governorship Candidate of Labour Party in Kwara State; I hereby salute all my comrades, veterans and fraternal brothers and sisters in the struggle for the defence of workersâ€™ and trade union rights. The high points of the conference are two-fold. One, there will be a comprehensive review of the activities of the Congress in the past four years with respect to struggle for decent work. Critical work place issues such s employment; wages, pensions, health and safety, security and precarious jobs, gender issues and international labour activities among others would come under debate. Agenda will also be set for the next four years in the struggle within the context of the theme for the upliftment of the working and living conditions of the working men and women, to which

there will be a robust debate of motions and policy ideas. Secondly there will be elections to produce a President, three Deputy Presidents, five Vice Presidents, Treasurer, National Financial Secretary, Trustee, and internal auditors among others. Happily the NLC leadership had learned from the chaos of 2015. The NLC had disclosed â€œthat at the close of nominations for the elective offices to be contested, the following nominations were received and cleared for election by the conference credentials committee as published newspapers on Friday January 4, 2019. The positions are largely unopposed.â€? This commendable improvement on the electoral process of the Congress must the complemented by more engagement to ensure that the break away unions such as in energy, oil and gas sectors return to the congress. Notwithstanding the self-inflicted crisis that followed the 11th Delegates conference in 2015, we must salute the comrades for putting an end to the myth that trade unions as non-governmental organizations cannot organise their affairs unless they are controlled or made to do so by some big-brother governments and

With massive naira devaluation, spiral inďŹ‚ation, salaries diversion, delayed and wage theft wages have almost collapsed in Nigeria. Can we imagine that for four months there are no capital gains on the ďŹ‚oor of Nigeria Stock exchange? It is economicide, (an economic equivalent of political genocide), to systematically deny workers adequate pay

petty dictators. The proceedings of NLC delegatesâ€™ conferences are rich materials in studying internal democracy in the unions and in larger Nigeria as a whole. Labour, national and global issues would definitely feature at this conference: minimum wage, pensions, decent work agenda, internal capacity development, job-creation as well as poverty eradication strategy and economy. Comrades must avoid the pitfalls of exclusion, which often undermines unity and cohesion. In the years to come, all unionists must be united, stop divisive leadership tussles. The ultimate assessment of NLC at 40 is how it has improved on salaries and wages of workers. The NLC motto is Labour Creates Wealth. Sadly few ruling elite turned workers to working beggars amidst income poverty deny labourâ€™s wealth created. When shares and stock prices go down as we witnessed during the 2008 global financial crisis, the whole world including the media was in frenzy. Yet with massive naira devaluation, spiral inflation, salaries diversion, delayed and wage thefts wages have almost collapsed in Nigeria. Can we imagine that for four months there are no capital gains on the floor of Nigeria Stock exchange? It is economicide, (an economic equivalent of political genocide), to systematically deny workers adequate pay. It is commendable that organised labour closed ranks to fight for the new minimum wage of N30, 000 despite some surmountable organisational differences. The challenge in the coming years is to deepen its organizing efforts of unorganised workers, especially women and youths in both the formal and informal sectors of the economy. With as many as 12 delegatesâ€™ conferences in the past 40 years, that produced as many as 12 labourâ€™s democratically elected administrative councils, it is self-evident that Nigeria labour Congress (NLC) has come of age in democratic processes and experiences. The republic of Nigeria has a lot to learn from the labour movement! This historic conference takes place after the 40th anniversary of the NLC and affiliate industrial unions last year. The 12th delegatesâ€™ conference could very well be called Anniversary Conference. It also comes at the time NLC under the leadership of Comrade Ayuba Wabba has just won the struggle for the new minimum wage of N30, 000. Significantly, Comrade Ayuba Wabba has just emerged the first African unionist to head the largest global labour movement, ITUC (International Trade Union Confederation). The union truly makes us Strong. Forward Ever, Backward Never!! r $PNSBEF "SFNV JT B NFNCFS PG UIF $FOUSBM 8PSLJOH $PNNJUUFF PG UIF /-$ BOE -BCPVS 1BSUZ (PWFSOPSTIJQ $BOEJEBUF ,XBSB TUBUF

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