CBN Predicts Boost in Credit with Moveable Collateral Acting CJN gives assurances on speedy resolution of disputes James Emejo in Abuja The Governor of the Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, yesterday stated that given that the
inherent risks in granting loans to Micro Small and Medium Enterprises (MSMEs) by banks is now reduced tremendously through the introduction of the National Collateral Registry
(NCR), small businesses will now be able not only to access credit but also access such at reasonable rates. This is coming as acting Chief Justice of Nigeria (CJN),
Justice Tanko Muhammad, has assured that the judiciary will on its part continue to ensure that disputes arising from moveable assets lending are resolved speedily in line
with constitutional provisions. Emefiele assured that MSMEs in the country would be able to access credit at reasonable interest rates through the implementation of
the NCR, which allows them to present moveable assets as collateral, for bank loans. Emefiele spoke at the Continued on page 6
Onnoghen Gets Seven Days to Respond to Fresh Petition... Page 8 Tuesday 12 February, 2019 Vol 24. No 8710. Price: N250
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Atiku Accuses Buhari of Instigating Violence Jonathan lashes APC, says all development indices stagnant since 2015 Adedayo Akinwale in Abuja
RIVERS FOR ATIKU... L-R: Former president, Dr. Goodluck Jonathan; Rivers State Governor, Chief Nyesom Wike; Peoples Democratic Party’s presidential candidate, Alhaji Atiku Abubakar; and PDP National Chairman, Prince Uche Secondus, during the party’s presidential campaign rally in Port Harcourt‌ yesterday
The presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar, has accused Continued on page 8
Ogun APC Crisis Boils over as Violence Mars Presidential Rally Security operatives shield Buhari from being pelted Adedayo Akinwale in Abuja and Femi Ogbonnikan in Abeokuta There was violence yesterday at the presidential campaign rally of the All Progressives Congress (APC) held at the MKO Abiola International Stadium, Abeokuta, Ogun State, forcing security operatives to shield President Muhammadu Buhari from
being pelted. The rally was brought to an abrupt end after Buhari raised the left hand of the APC governorship candidate in the state, Prince Dapo Abiodun. The president could not end his speech because immediately he raised Abiodun’s arm, some aggrieved persons threw objects towards his direction, Continued on page 6
APC Warns US, Others against Unguarded Statements on Elections... Page 6
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OUR MAN FOR GATEWAY STATE... L-R: Vice President Yemi Osinbajo; Ogun State All Progressives Congress governorship candidate, Prince Dapo Abiodun; and President Muhammadu Buhari, during the presidential campaign in Abeokuta‌ yesterday
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APC Warns US, Others against Unguarded Statements on Elections Onyebuchi Ezigbo in Abuja The All Progressives Congress (APC) Presidential Campaign Council yesterday warned the United States Ambassador, Mr. Stuart Symington, and other diplomats that have been critical of the President Muhammadu Buhari administration, against making further comments that are capable of undermining the integrity of the general election starting on Saturday. The Director of Strategic Communication of the party’s campaign, Mr. Festus Keyamo, SAN, in a statement in Abuja, expressed worry at comments allegedly made by the US ambassadors and other diplomats, saying they are tended to cast doubt in the ability of the Buhari-led administration to conduct free and fair elections.
The ruling party also accused Symington of threatening that his country would punish any politician who makes inciting political speeches. The party, which referred to recent statements credited to the US ambassador, said that it would appear that the envoys have discredited the election even before it took place. APC further accused the US of being guilty of double standard for granting Vice President Atiku Abubakar special status to enter the US territory. In a statement issued yesterday Keyamo described the diplomats' views directed at Nigeria’s upcoming elections as unwarranted and attempt to interfere in the internal affairs of Nigeria. "We are deeply concerned
about many of the expressions of the United States’ Ambassador to Nigeria, Ambassador W. Stuart Symington, and other Western diplomats, which have been directed towards Nigeria’s upcoming elections. ‘’While we laud and whole-heartedly welcome their interests in the elections, many of these expressions have been notably off-key. The continued warnings about flawed elections are capable of casting an unwarranted cloud over the process," it said. The APC said that instead of encouraging efforts towards credible elections, such statements undermine public confidence in government. It said that Ambassador W. Stuart Symington was reported to have threatened to “hold to account anyone whose speech, no matter the
motivation of that speech, engendered hatred.” For instance, APC said the American Ambassador had criticised its call on Nigerians to reject the presidential candidate of PDP, Atiku Abubakar over "his political and economic policies that are abhorrent and dangerous". "We truly hope some of the statements attributed to these diplomats are inaccurate; the unfounded allegations and threats to penalize people for constitutionally-protected free speech is improper interference in our internal affairs. "We all agree that any speech wilfully intended to trigger violence is condemnable. However, in condemning other forms of political speech, the American envoy overstepped his ambassadorial brief. "We take the view that
the constant statements by Ambassador Symington and the other diplomats are implicit attacks against the government of Nigeria. "These statements imply the Nigerian government is inclined to rig the election in favour of President Buhari. This is unfair and unacceptable to us. President Buhari has never been accused of electoral malpractice all his life," said APC. While defending its campaign statements, APC said it is the duty of the candidate to tell the people truth to protect the nation from subsequent calamity. While further deploring the US envoy's views, APC said he failed to acknowledge an open confession of blatant electoral malfeasance by the PDP candidate. It also said that the
ambassador intentionally issued his threats to place a chilling effect on speeches in Nigeria, which if uttered in America, would be constitutionally protected. "For us it is significant to note that such strong political speeches are not unlawful in the United States, but Ambassador Symington is seeking to penalize such speeches by Nigerians. ‘’He seeks to shrink our ambit of free speech so that we may behave in accordance with their vision of well-behaved Africans, rather than in consonance with our vision of our own democracy, no matter how tumultuous and dramatic we may be. It would appear that his position seeks to prohibit forms of expression integral to our political discourse,” APC stated.
The rest people of Ogun State will decide,” Buhari said. However, when he raised the hand of Abiodun to introduce him as APC gubernatorial candidate, the crowd started throwing objects at the president and this forced security operatives to shield him.
The Director of Media and Publicity, Mr. Kola Ologbondiyan, in a statement yesterday, said the people of Ogun State, and indeed, the South-west, have shown that they are in direct alignment with other states and geopolitical zones of the country in rejecting Buhari and Vice President Osinbajo, whose administration has foisted so much injustice and brought unprecedented pain and anguish to Nigerians. According to him, “It is instructive to note that Mr. President was pelted in Abeokuta barely 24 hours after his Zamfara State rally on Sunday, where he attempted to incite Nigerians to join the APC in their planned resort to violence to derail the 2019 general election, having realised
OGUN APC CRISIS BOILS OVER AS VIOLENCE MARS PRESIDENTIAL RALLY forcing security operatives to form a ring around him. In a swift reaction to the violence, the Peoples Democratic Party (PDP) described the event as a direct response of Nigerians to his four-year misrule as depicted in the expansion of poverty and bloodletting in our nation. The aggrieved persons had earlier pelted the National Chairman of APC, Adams Oshiomhole, with stones and chased supporters of Abiodun from the stadium. Before the arrival of the president and his campaign team, suspected thugs destroyed the publicity materials bearing Abiodun’s name and pictures. They also attacked supporters of the governorship candidate who wore yellow T-shirts branded in his name. The outbreak of violence at
the rally started shortly after Oshiomhole, presented the party’s flag to Abiodun. The presentation of the flag apparently angered the party’s supporters as they hurled empty plastic of table water and other objects at the direction of President Buhari and other chieftains of the APC on the high table. Shouts of “Ole! Ole! Ole!” rented the air as the angry mob pelted Oshiomhole with stones. Before Oshiomhole spoke, the former governor of Osun State, Rauf Aregbesola, angered the crowd who reacted violently when he told them to vote for APC in all the elections. The state governor, Ibikunle Amosun, who was the first speaker, had told the crowd to vote for President Buhari at the presidential elections, adding that they know what
to do at the other elections. When Oshiomhole was pelted with objects, security operatives shielded President Buhari. Oshiomhole was forced to end his speech abruptly and handed over the microphone to a presidential aide, Abike Dabiri, who introduced Vice President Yemi Osinbajo as the next speaker. However, before the vice president delivered his speech, the state governor, Amosun took to the podium for the second time to appeal to the aggrieved persons in the crowd. “I beg you in the name of God… this is what they want to happen… Please don’t disgrace me here,” he said in Yoruba. “Our father is here, please don’t disgrace me. I beg you in the name of God; please don’t disgrace me before our
father… We have laboured this hard. I am appealing to you. Please, leave. I beg you in the name of God, please leave. I beg you. I am begging,” Amosun pleaded. After the appeal by Amosun, the vice president also spoke, appealing to the crowd to vote for APC candidates, before President Buhari took to the podium. Addressing the rally, President Buhari told them to vote for APC during the presidential election and any candidate of their choice during the governorship election. "On Saturday, February 16, you are to vote for presidential candidate of the APC. But I want to urge you to choose whoever you like across the parties as governor of Ogun State. "There is no problem about it. I have no problem about it.
Your Pelting Sign of Rejection, PDP Tells Buhari Meanwhile, the PDP has described the public pelting and jeering at President Buhari and his APC, during his election campaign rally in Abeokuta, Ogun State, as a direct response by Nigerians to his four years misrule as depicted in the expansion of poverty and bloodletting in our nation.
Continued on page 8
CBN PREDICTS BOOST IN CREDIT WITH MOVEABLE COLLATERAL opening of the first national workshop for judicial officers on Secured Transactions in Moveable Assets Act (STMA) and National Collateral Registry with the theme: “Leveraging Moveable Assets for Credit Delivery in Nigeria: Legal and Regulatory Framework.” He observed that small businesses had practically been denied access to credit as well as subjected to high interest charges by commercial banks largely as a result of their inability to provide acceptable collateral. The governor, however, said given that the risks inherent in granting loans to MSMEs by banks had now been reduced tremendously through the introduction of the NCR, small businesses “will be able not only to access credit but also access credit at reasonable rates.” The CBN is already moving towards the enforcement of the Secured Transactions in Moveable Assets Act (STMA) across all financial entities. Highlighting some of the achievements of the NCR since its creation in 2015, Emefiele said as at January 31, 2019, 628 financial institutions comprising 21 deposit money banks, four merchant banks, one non-interest bank, four development finance institutions, 551 microfinance banks, 13 non-bank financial institutions, and 34 finance companies had been registered on the Registry’s portal.
He said lending banks had also registered interest on movable assets worth N1.23 trillion, $1.14 billion and €6.08 million through 41,408 financing statements. He added that within about 18 months, over 41,000 moveable assets with values of over N1.4 trillion, including those in dollar and Euro denominations had been registered in registry. “This underscores the potential of movable assets as collateral to enhance access to credit and, hence, our resolve to drive its effective implementation," Emefiele added. On the rationale for the NCR, Emefiele said: “You will all recall that one of the biggest problem that the MSMEs face in Nigeria given the fact that we recognise their contribution to economic growth and development in any economy- the biggest constraints they have often gone through is their inability to provide acceptable collateral for the loans they seek to obtain from the banks. “Banks and financial institutions themselves have often used their inability of these MSMEs to provide collateral as the reasons why they cannot lend to them. “So, at the CBN, we thought that we must break this jinx and so we said access to finance must be a thing of the past in Nigeria for small businesses.” He said: “And that was how
we thought about the fact that if you are a hairdresser and the equipment you have is your hairdressing equipment, if you are a tailor and what you have is a sewing machine, if you are a barber and the barber equipment is your machine; these are moveable assets which banks say they cannot accept as collateral. “We thought there is a need to set up a secured transaction and movable assets registry, that is the National Collateral Registry, wherever these assets are registered with the Bank Verification Number (BVN) of these potential borrowers that it is possible for banks to accept these collaterals for loans.” The apex bank boss further stated that despite the importance of MSMEs to economic development they continued to face structural drawbacks, particularly due to their peculiar nature. He said MSMEs are typically deemed risk-laden, plagued with high mortality rate, and often lacking adequate collaterals acceptable for conventional credit. According to Emefiele, MSMEs in the country are characterised by about $158 billion or N48.3 trillion financing gap, reflecting the risk-driven apathy of financial intermediaries to MSME lending. Essentially, he noted that the workshop was informed by the realisation that the judiciary was key to the enforcement
of the provisions of the STMA Act especially as the use of moveable assets for collateral gains more acceptance. According to him: “Banking is a relationship based on trust and it is our belief that bankers will respond more positively to the financing yearnings of MSMEs given the assurances that their legitimate interests will be protected under the enabling laws of the land. “The CBN is moving towards enforcement of the STMA Act across all financial entities. In this regard, it is pertinent that we solicit and get the full support of the judiciary and law enforcement agencies towards providing a robust and resilient financial infrastructure. “This will deepen credit delivery to our productive sectors, especially among the MSMEs, and foster sustainable and inclusive growth
CJN Assures on Speedy Resolution of Associated Disputes Meanwhile, the acting CJN, Justice Tanko Muhammad, assured that the judiciary will on its part continue to ensure that disputes arising from moveable assets lending are resolved speedily in line with constitutional provisions. Noting that access to finance remained vital to the development of any economy, Muhammad lauded the CBN for the establishment of the
NCR, describing it as a clear indication that government is ready to grow the economy. Also, the Managing Director/Chief Executive, Bank of Agriculture (BoA), Dr. Kabiru Adamu described the NCR as one of the programmes that had made funds available to the MSMEs subsector of the economy as well as currently impacting on MSMEs lending in the country. He said BoA had between November 2016 to date registered about 36.9 billion assets including over 15,000 small holders. “Apart from providing alternative to traditional collateral in Nigerian banking industry, the registry is equally generating database for credit history for micro enterprises which was a problem for the banks. “We cannot thank the CBN enough for the establishment of NCR and that goes to tell you that clearly, the current CBN governor has left indelible mark in the sands of history, we are eminently proud of him as a bank,” he said. He recommended the establishment of a special court to handle cases of NCR, noting that this “will encourage the banking industry in Nigeria to deploy micro credit to MSMEs”. Nonetheless, the acting CJN stressed that one of the functions of judiciary is the interpretation and application
of laws, adding that all laws will have to be properly digested by judicial officers in preparation for adjudication regarding loans attached to moveable assets. He said the passage of the STMA made it possible for moveable assets to be used as collateral to access credit from banks in an effort to protect the creditors. He commended the CBN for recognising role of judiciary in ensuring financial system stability in the economy.
TOP GAINERS NGN NGN CADBURY 1.00 11.00 LASACO 0.03 0.33 OANDO 0.50 5.50 TRANSCORP 0.13 1.46 MCNICHOLS 0.04 0.45 TOP LOSERS NGN C & I LEASING 0.90 8.14 MEDVIEW 0.15 1.70 TOTAL 15.90 205.00 UNIONDAC 0.02 0.27 JAIZBANK 0.03 0.50 HPE Nestle Nig Plc ₦1,500.00 Volume: 551.59 million shares Value: N5.65 billion Deals: 5,229 As at yesterday 11 /2/19 See details on Page 31
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OPEC Not a Cartel, Doesn’t Fix Oil Prices, Says Barkindo Drafts cooperation charter with Russia Ejiofor Alike with agency reports The Secretary General of the Organisation of Petroleum Exporting Countries (OPEC), Dr. Mohammad Barkindo, has said the exporting group is not in the business of fixing oil prices. This is coming as the group and its allies such as Russia have set up a new alliance but decided against creating a formal body to avoid falling victims to the United States anti-cartel legislation. A committee of the United States House of Representatives had last Thursday approved an anti-cartel legislation, known as the ‘No Oil Producing and Exporting Cartels Act’, or NOPEC, that would open up the members of OPEC to antitrust lawsuits. Reacting to this legislation,
Barkindo told Reuters yesterday that: “OPEC is neither a cartel nor involved in the business of fixing oil prices.” “It would be a misjudgment to accuse us of such,” he said on the sidelines of an energy forum in Cairo, Egypt. “OPEC is an open, transparent organisation focused on assisting the oil markets to remain in balance on a sustainable basis, which is a fundamental requirement of investors,” Barkindo said. “The international oil industry needs market stability to plan and invest in a predictable manner in order to guarantee future supplies,” he added. OPEC and a group of nonOPEC countries including Russia, an alliance known as OPEC and its allies, are reducing oil output in
Barkindo 2019 to avoid a potential supply glut that could weigh on prices. A similar action in 2017 got rid of an earlier supply glut.
OPEC, Russia Draft Cooperation Charter Apparently scared by the United
States anti-cartel legislation for the oil industry, OPEC and its allies such as Russia have drafted a new cooperation charter but decided against creating a formal body, at least on paper. A draft of a document setting up a new alliance and dated January 2019 - and seen by Reuters carefully avoids any mention of sensitive issues such as oil prices, market share and production cuts. OPEC and Russia have been cutting production together to support prices since 2017, after clinching a deal in December 2016, in moves that have provoked criticism from United States President Donald Trump. The new draft said OPEC and Russia will discuss creating “a mechanism” rather than “an organisation” when they meet
in April 17-18 in Vienna, calling for the creation of an “Alliance of Oil Producing Countries”. “It looks genuine. It’s also been updated since,” an OPEC source said without giving any further details. The objectives of the alliance are listed as setting up “an intergovernmental platform to facilitate dialogue” and “further strengthen the collaboration in the formulation of policies aimed at promoting oil market stability”. The objectives are due to be achieved by promoting a better understanding among its members of energy market fundamentals as well as “permanent dialogue among oil producing countries”, according to the document. Russia is not an OPEC
member and has said it does not intend to join the organisation on a permanent basis. OPEC and Russia jointly produce more than 40 per cent of the world’s oil. The idea of an organisation of OPEC and non-OPEC countries has been mooted since joint efforts to stabilise oil prices have come to fruition. Russian Energy Minister Alexander Novak said in December 2018 a joint OPEC and non-OPEC structure seemed unlikely due to the additional red tape it would create as well as the risk of U.S. monopoly-related sanctions. The draft document also foresees ministerial meetings twice a year and regular encounters of technical experts.
Onnoghen Gets Seven Days to Respond to Fresh Petition NJC constitutes compliant panel on Onnoghen, Muhammad Judiciary’s independence threatened, says UN Special Rapporteur Alex Enumah in Abuja The National Judicial Council (NJC) has given the Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, another seven days to respond to a fresh petition against him, by the Economic and Financial Crimes Commission (EFCC). The council, which took the decision yesterday at its emergency meeting in Abuja, also resolved to constitute a complaint panel to look into the various complaints against both Onnoghen and the Acting CJN Justice Tanko Muhammad. In another development, the UN Special Rapporteur on the Independence of Judges and Lawyers, Diego Garcia-Sayán, has warned of an imminent threat to the nation's judiciary, owing to moves by President Muhammadu Buhari-led executive arm of government to remove the Onnoghen from office through illegal means. The NJC had at its sitting on January 29 adjourned to February 11 after it gave both Onnoghen and Muhammad seven days to respond to the allegations against them. However, a statement from the NJC's Director of Information, Soji
Oye, disclosed that the body at its emergency meeting yesterday received a fresh petition from the EFCC against Onnoghen, and he was directed to reply to it within the next seven days. "The National Judicial Council reconvened today in an emergency meeting to consider the responses of Justices Walter Onnoghen, and Tanko Muhammad, to the three petitions written against them. "Members resolved to constitute into the Preliminary Complaints Assessment Committee in accordance with Regulation 17 of the National Judicial Council Judicial Discipline Regulations, 2017 and report to council on February 13, 2019. The Council will reconvene on Wednesday, February 13, 2019. "Council also received a new petition written by the EFCC against Justice Onnoghen, and forwarded it to him for his response within seven working days", the statement read. It added that the NJC reaffirmed its confidence in Justice Umaru Abdullahi, as Interim Chairman of the NJC. Justice Abdullahi was at its first emergency meeting on January 29, elected to chair the meeting, following the absence
of Onnoghen and Muhammad at the meeting. Onnoghen and Muhammad had recused themselves from the meeting as a result of the petition against them. While one petition by Zikhrillahi Ibrahim of Resource Centre for Human Rights & Civil Education was tabled against Onnoghen at the NJC, Muhammad had two against him by Centre for Justice and Peace Initiative and Olisa Agbakoba (SAN). However, another petition against Danladi Umar, Chairman, the Code of Conduct Tribunal by Centre for Justice and Peace Initiative was referred to the Federal Judicial Service Commission (FJSC), the appropriate constitutional body empowered to deal with it. Onnoghen has been charged with failure to declare his assets against him at the Code of Conduct Tribunal (CCT), while Muhammad is accused of making himself available to be used by the executive arm of government contrary to the rules of the NJC. Following an alleged exparte order by the CCT, President Buhari had suspended Onnoghen as CJN and Chairman of the NJC.
Buhari, subsequently swore in Justice Muhammad as Acting CJN to pilot the affairs of the Supreme Court in the interim. But the NJC in a swift response held an emergency meeting to properly handle the situation. The council in line with its procedures forwarded the petitions against Onnoghen and Muhammad to them for their responses.
UN Special Rapporteur: Independence of Nigeria's Judiciary Threatened Meanwhile, the UN Special Rapporteur on the independence of judges and lawyers, Diego Garcia-Sayán, has warned of an imminent threat to the nation's Judiciary, describing the removal of Justice Onnoghen from office as illegal. Garcia-Sayan in a statement yesterday said the suspension of Onnoghen by Buhari was in contravention of international human rights standards on independence of the judiciary and the separation of powers “International human rights standards provide that judges may be dismissed only on
serious grounds of misconduct or incompetence. Any decision to suspend or remove a judge from office should be fair and should be taken by an independent authority such as a judicial council or a court," he said. He added that the dismissal of judges without following laid down procedures as stated by law and without effective judicial protection being available to contest the dismissal, is incompatible with the independence of the judiciary. The UN Special Rapporteur noted that Buhari had based the suspension of Onnoghen on the exparte order of the CCT, observing that the order was made in spite of four separate courts orders asking the CCT to stay further proceedings in the trial. Garcia-Sayan, a former judge of the Inter-American Court of Human Rights, said the order upon which the suspension was based, was issued ex-parte while the motion on notice on the same subject was adjourned the day before by the issuing court. He said, "All State institutions must abide by the decisions of national courts and tribunals. In the case of Chief Justice Onnoghen, four national courts
hierarchically superior to the Code of Conduct Tribunal had already ordered a stay of proceedings, and the Tribunal had in a previous case, eight months earlier, held that it lacked jurisdiction over cases involving judicial officers, which should be processed by the National Judicial Council". He however expressed worry over alleged reports of threats and intimidation of some of the lawyers representing Onnoghen. “I am seriously concerned at such allegations, which may constitute, if proven, grave attacks to the independence of the judiciary and the free exercise of the legal profession. “One of the senior advocates defending the Chief Justice was arrested on Wednesday by security agencies. Lawyers play an essential role in securing access to justice, and should never suffer, or be threatened with, prosecution or other sanctions for action taken in accordance with recognised professional duties, standards and ethics," he added. The statement noted that the UN expert has expressed his concerns to the Nigerian government and will continue to follow events.
described the ‘body bag' statement by the Governor of Kaduna State, Nasir El-Rufai, that ‘the language seems to be the language of a terrorist’. He said that Buhari has no other choice than to leave the Presidential Villa on May 29. Secondus stated: “He is not aware that he is loosing election, he is not aware that there is insecurity in our country, he is not aware that the hunger in the land is too much, he is not aware of what is happening around him. He is not aware that the DG of his campaign organisation is so corrupt that
a white paper released by the Rivers State government indicted the DG and they are talking about corruption. He is not aware that the governor of Kano had to put dollar and turned to Bureau the Change in his Agbada, he is not aware. “He is not aware of any decision, he is not aware that the National Assembly has been assaulted, he is not aware that the Chief Justice of the Federation has been suspended, he is not aware of anything. Is that the kind of president you want? No!” Secondus urged Nigerians to vote him out.
ATIKU ACCUSES BUHARI OF INSTIGATING VIOLENCE President Muhammadu Buhari of the All Progressives Congress (APC) of instigating violence ahead of Saturday’s presidential and National Assembly elections. The president had, while campaigning in Zamfara State, been reported to have said: "Come out and vote for our choice. May Allah grant us patience; May He bless us with bountiful harvest, because I want every one of us to be well fed so that even if it comes to violence we are ready.” The former vice president, while addressing supporters during the presidential rally of the party in Port Harcourt, Rivers State, assured the people that he would restructure the country. He stated, “You know what the President said in Zamfara? He said Zamfara people, let us pray for rainfall, let us pray we grow food, let us pray we eat well and then we can make trouble. Is that what a president should say? Buhari I am addressing you, this is a president who is preaching violence and this is not the first time he is doing
this in this country. We are not going to allow anybody to make us fight. “We want peace, we want development, we want prosperity, we want jobs. That is what we want for this country. We are not ready to fight each other again. So, any leader who has come to instigate us to fight each other, we will use the ballot paper to chase them out. So Buhari must go.” Atiku also assured that he would protect the constitution and would never interfere in the affairs of the National Assembly. According to him, “I will protect separation of powers, I will not interfere with National Assembly, because I believe in checks and balances. I will not interfere with the judiciary, because it is part of our checks and balances. I will uphold the rule of law, I will not allow anyone to trample on the rule of law.” Also speaking, former president, Dr. Goodluck Jonathan, said everyone is aware that from 2015 when Buhari came into power till date that a number of things that had never
happened in the country have been happening. He said: “In 2015, I did mention that the choice before Nigerians was either to move forward or backward. And within these past years, you can attest for yourself, are we going forward, backward or static? All the indices of development be it unemployment, poverty, health status, happiness; everything that is mentioned none of them that we have made any progress. And I believe that you all know that we cannot as a nation continue to stay where we are.” To this end, the former president said that Atiku is the only person that could lead the country out of this quagmire and lead Nigeria forward. Jonathan stated, “He will not discriminate against you. He will not have a ratio of 97% vs 5%. Every part of this country will be treated equally. If your son or daughter qualifies to be an IG, he will be appointed. If your son or daughter qualifies to be appointed as the Chief of Army Staff, he will be appointed. “You will not be discriminated
against and that is the person that we are all supporting. He has been tested. When he was the Vice President to Olusegun Obasanjo, they did very well. They never discriminated against any part of this country. And that is why the country was relatively stable. I believe and I am sure you all believe - that a vote for Atiku, a vote for PDP is a vote for progress.” On his part, the Governor of Sokoto State, Aminu Tambuwal, said the government at the centre is not working, adding that Nigerians must vote out the APC-led federal government to change from analogue to digital system. He stressed, “The man there is no longer in charge of our country and we are aware of that. We are appealing to you to be very vigilant because they are planning to rig the election. Resist rigging, stand by your vote; your vote must count. We must send away prison democracy, what is not working is not good for us.” The National Chairman of the party, Prince Uche Secondus ,
OGUN APC CRISIS BOILS OVER AS VIOLENCE MARS PRESIDENTIAL RALLY that they stand no chance of winning the election.” Ologbondiyan added that after the unpalatable encounters in all his rallies, Mr. President needs no further signal to show him that the people have completely rejected him, despite his false performance indices. He stressed that Nigerians are determined to deal him a
crushing defeat on February 16 by voting en masse for the people’s candidate, Atiku Abubakar, as the next President of the country. “Mr. President can now see that Nigerians cannot be bought with N10,000, as he was made to believe by Prof. Osinbajo and members of the cabal in his presidency,” Ologbondiyan said.
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NEWS
Group News Editor Ejiofor Alike Email Ejiofor.Alike@thisdaylive.com, 08066066268
Recovered Loot to be Reinvested, Buhari Reassures Kwara Electorate State determined to vote out APC, PDP insists Tinubu, Oshiomhole frustrated politicians, says Saraki Deji ElumoyeinAbujaand Hammed ShittuinIlorin President Muhammadu Buhari has again reassured Nigerians that the proceeds recovered from looters would be reinvested in the infrastructural development of the country. Also, the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, has called on the people of Kwara State not to vote for those who looted the country for 16 years. This is coming as the state chapter of the Peoples Democratic Party (PDP) has stated that the scathing attacks and vituperations directed at the national leader of the party and Senate President, Dr. Abubakar Bukola Saraki, by APC leaders will not dissuade the people of the state from supporting him and voting out the APC. The Senate president, has also responded to the insults heaped on him by the chieftains of the All Progressives Congress (APC), including former Governor of Lagos State, Bola Tinubu, and Oshiomhole, at a campaign rally in Ilorin, describing the duo as frustrated politicians. Speaking yesterday at the APC presidential campaign rally which was held at Ilorin Metropolitan Square, along Asa Dam Road, the president also restated that his administration would continue to bring those who abuse trust before the law. “We are going to continue to take those who abuse trust before the law; collect what they have stolen and reinvest them in infrastructure”. He stated that, “I assure you that the undertaking we made
in 2015 in the three major issues APC believes in (security, economy and fight against corruption), we have not failed. “Wherever I go I repeat myself on these issues, so as to remind you where this country was before we came in, where we are in now and what we are able to do with the resources that are at our disposal. The people of the North east as far as security is concerned, are our major witnesses of our performance. “On the economy, we thank God the three previous rainy seasons were good. We made fertilizers available and reduce the prices it used to be. People are now back to the farms and nobody regretted it. We are able to ensure food security and people are living respectable lives; in fighting corruption, we are not going to give us.” In his remarks, the National Leader of the APC, Bola Ahmed Tinubu, said the people of the state have over the years been allegedly held captive by a single individual. He said: “This is celebration of Kwara State’s freedom. We are not here for conspiracy. We are not here to quarrel with the Saraki dynasty as Gbemisola Saraki is with us. “She is a scion of the Sarakis. We are here to reject overlordship. We are here to say no to alleged enslavement. This is the celebration of the fall of Berlin Wall. National Chairman of the party, Adams Oshiomhole, told the crowd of supporters that “I cannot wait till Saturday for Kwara people to celebrate their new found freedom. “Also it will be a day for Kwara people and for Nigerian politicians to see how APC will record a sound electoral victory in Kwara. Oshiomhole called on the people
of the state not to vote for those who looted the country for 16 years. Oshiomhole also told the people of the state to be wary of the PDP and its presidential candidate, Atiku Abubakar. He appealed to the people of the state to vote massively for the president, saying he had changed the essence of governance in Nigeria. “While President Buhari is fighting corruption and putting looters in jail, Atiku promises to give amnesty to looters. “When Buhari said he would protect the naira and defend
Nigeria’s success economically, PDP promises to pursue wholesale privatisation of Nigeria’s assets. “When Buhari promises to protect Nigerian farmers and make Nigerians eat Nigerian food, Atiku promises wholesale, reckless liberalisation that will make Nigeria import food,” Oshiomhole said. He also told the crowd that the APC was in the state to “celebrate the end of Bukola Saraki. “I am here to see the actual translation of enough is enough, the era of your oppression is over. “Era of oppression is over, I join
you in Kwara State to celebrate your freedom.” But in a swift reaction, the state chapter of the PDP said the scathing attacks and vituperations directed at the national leader of the party and Senate President, Dr Abubakar Bukola Saraki by APC leaders will not dissuade the people of the state from supporting him and his party. In a statement by its state Publicity Secretary, Mr. Tunde Ashaolu, PDP noted that rather than telling the people what their party had done in the last three years, the APC leaders, including
Tinubu, resorted to attacking and insulting the Senate president. The statement said: “All through their campaign today (Monday), all they could do was to cast aspersion on the person of Saraki. “Most comments at the rally were nothing but verbal attacks, invectives, character assassination and subterfuge. “We are, however, not surprised by the rantings of all the APC leaders particularly that of Tinubu, who has always been embittered by the
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DISCUSSING GAINS OF COLLATERAL REGISTRY…
Governor of Central Bank of Nigeria (CBN), Mr. Godwin Emefiele (left), and Acting Chief Justice of Nigeria, Mr. Justice Ibrahim Tanko Muhammad, at the opening of the National Workshop for Judicial Officers on Secured Transactions in Moveable Assets Act and National Collateral Registry, held at the National Judicial Institute, Abuja...yesterday
Nigerians’ Votes Will PDP Raises the Alarm over Arrest of Members Count, INEC Tells Says Kano rally signposts end of road for Buhari Commonwealth Observers Adedayo AkinwaleinAbuja Kaduna State PDP Governorship Kaduna State chapter indicated of the spirit and letters of the peace Adedayo Akinwale in Abuja
The Independent National Electoral Commission (INEC) has reassured the world that only the votes casted by Nigerians will count in the forthcoming elections. The Chairman of the commission, Prof. Mahmood Yakubu, gave the assurance yesterday when he received the Commonwealth Observers Group led by former Tanzanian President, Dr Jakaya Kikwete, at the commission’s headquarters in Abuja. He stressed that the Commonwealth in its report on the 2015 general election made 32 recommendations, including the adoption of Simultaneous Accreditation and Voting System. INEC boss said the commission had looked into the recommendations and implemented those within its power administratively, while those requiring amendment of the Constitution and Electoral Act had been sent to the appropriate authorities. Yakubu added that INEC had conducted 194 off-season elections with simultaneous accreditation and voting system, which is now part of election guidelines issued by the commission.
“I want to reassure the international community that we will always learn lessons from international best practices in ensuring that our elections meet not only national expectations but international best practices. “We always welcome your observations on how elections are being conducted. Your reports actually strengthened the commission in terms of our processes and procedures. I am confident that at the end of your observation this time around there will be new set of powerful recommendations similar to what you did in 2015,” he said. He said INEC is committed to the processes, saying the only thing the commission derives joy in is ensuring that votes count and that the citizens will determine the leaders of the country at various levels. Earlier, Kikwete said they were in Nigeria to hear from INEC on its preparations for the elections and also to observe the elections and not to monitor, adding that the group would thereafter deploy its members in all parts of the country. He added that after the observation the group will come up with its interim report and present its comprehensive report.
The Peoples Democratic Party (PDP), has raised the alarm over the ongoing clampdown, arrest and detention of its officials and members in various parts of the country ahead of next Saturday’s presidential and National Assembly polls . This is coming as the party Presidential Campaign Organisation (PPCO) has said the unprecedented crowd and overwhelming support for its presidential candidate, Atiku Abubakar, by Nigerians at the party’s presidential campaign rally in Kano on Sunday clearly demonstrated that President Muhammadu Buhari has lost the support of the North-west. The PDP Director of Media and Publicity, Mr. Kola Ologbondiyan, while addressing a press conference yesterday in Abuja, said the party had also been informed of plots by the All Progressives Congress (APC) and the Buhari Presidency to crack down and detain PDP critical stakeholders in other parts of the country, in order to put them out of circulation before and during the general election. The main opposition party expressed concern over the unwarranted arrest of the Director of Media Committee of the
Campaign Organisation, Mr. Ben Bako, who has been detained by the Department of State Services (DSS) since last weekend. He stated: “This is highly provocative and a direct invitation to anarchy and a political crisis that is capable of derailing our democratic order. “The PDP also stresses that it will hold the APC and the Buhari presidency directly responsible should any harm, whatsoever, befall any of our leaders or members, particularly in Kaduna State ahead of the elections. “We are aware that Mr. Ben Bako’s arrest is a prelude to the planned clampdown of our campaign officials by the Buhari presidency and the APC, whose aim is to instill fear in the polity, incite crisis and derail the electoral process, having realised that they have lost in this election ahead of the polls. “It is instructive to state that the DSS has given no reason for Bako’s arrest and detention, but only acted on the orders of the APC as expressed by the Assistant Publicity Secretary of Kaduna APC, Salisu Tanko Wusono, who openly stated that Bako deserves his ordeal,” Ologbondiyan said. He further revealed that reports reaching the party from the
that many of its leaders, including former governors of Kaduna State, Senator Ahmed Markarfi and Alhaji Mukhtar Ramalan Yero; PDP Kaduna State chapter chairman, Chief Felix Hyat, and the former PDP state chairman, Alhaji Yahaya Yaro Makama, among others, have been listed for clamp down and are now being trailed by agents of the APC. The PDP therefore demanded the immediate and unconditional release of Ben Bako by the DSS without hurt or further harassment. Ologbondiyan stated that Kaduna State is a PDP stronghold, adding that the party was not ready to stomach any further harassment of its leaders, officials and members, before, during and after the general election. He said, “The PDP unequivocally cautions the Buhari Presidency and the APC to note that their plot, as well as the continued detention of Ben Bako, is setting the stage for a vehement resistance by the people, which is capable of triggering crisis and disrupting the fragile peace in Kaduna State. “We, therefore, call on the National Peace Committee to note, as well as speak out against the provocations by the APC and the Buhari Presidency against our party, which are in total negation
accord. “The PDP states this because Nigeria belongs to all of us and we will not hesitate to call out our members, in their millions, should this aggression by the APC and the Buhari Presidency against our party is not curbed.” Meanwhile, the PDP Presidential Campaign Organisation (PPCO) has said the unprecedented crowd and overwhelming support for its presidential candidate, Atiku Abubakar, by Nigerians at the party’s presidential campaign rally in Kano last Sunday clearly demonstrated that President Buhari has lost the support of the North-west. Ologbondiyan, in a separate statement issued yesterday, said the spontaneous jubilation by Nigerians across Kano State, in receiving Atiku reinforced their rejection of Buhari for impoverishing the people with his alleged incompetence as well as endorsing corruption in the state. He said: “The people of Kano State are in alignment with other states of the federation, particularly in the north, in rejecting President Buhari for his manifest aloofness and insensitivity to the welfare of the poor, while his close relations and cabal at his Presidency live in arrogant opulence.
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NOTICE OF CHANGE IN TIME OF MEETING Access Bank PLC RC 125384
COURT-ORDERED MEETING NOW 1:OO PM
IN THE FEDERAL HIGH COURT OF NIGERIA IN THE LAGOS JUDICIAL DIVISION HOLDEN AT LAGOS SUIT NO. FHC/L/CS/90/2019
IN THE MATTER OF THE INVESTMENTS AND SECURITIES ACT NO. 29 2007 AND THE COMPANIES AND ALLIED MATTERS ACT 2004 AND IN THE MATTER OF AN APPLICATION UNDER PART XII OF THE INVESTMENTS AND SECURITIES ACT AND IN RE: ACCESS BANK PLC (RC 125384)
1ST APPLICANT
DIAMOND BANK PLC (RC 161996)
2ND APPLICANT
MEETING OF THE HOLDERS OF THE FULLY PAID ORDINARY SHARES OF ACCESS BANK PLC Notice Is Hereby Given that by an Order of the Federal High Court, sitting at Lagos (hereinafter called the Court) dated the 24th day of January, 2019 made under the hand of the Honourable Justice O. O. Oguntoyinbo in the above matter, the Court has directed that a meeting of the holders of the fully paid up ordinary shares of Access Bank Plc (hereinafter called the Company) be convened and held for the purpose of considering and if thought fit, approving (with or without modification) a Scheme of Merger between the Company and Diamond Bank Plc (the Scheme) and matters connected therewith. The Scheme is explained in detail in the Explanatory Statement on Pages 14 to 23 of the Scheme Document. The Meeting will be held at Balmoral Convention Centre, Federal Palace Hotel, 6/8 Ahmadu Bello Way, Victoria Island, Lagos on the 5th day of March, 2019 at 1:00 p.m, or so soon thereafter, at which place and time all the aforesaid shareholders are requested to attend. A copy of the Scheme Document is being sent to shareholders. At the meeting, the following resolutions will be proposed and if thought fit passed as special resolutions of the Company: ϭ͘
͞dŚĂƚ ƚŚĞ ^ĐŚĞŵĞ ĂƐ ĐŽŶƚĂŝŶĞĚ ŝŶ ƚŚĞ ^ĐŚĞŵĞ ŽĐƵŵĞŶƚ ĚĂƚĞĚ ƚŚĞ ϮϰƚŚ͕ ĚĂLJ ŽĨ :ĂŶƵĂƌLJ͕ ϮϬϭϵ͕ Ă ƉƌŝŶƚĞĚ ĐŽƉLJ ŽĨ ǁŚŝĐŚ ŚĂƐ ďĞĞŶ ƐƵďŵŝƚƚĞĚ ƚŽ ƚŚĞ ŵĞĞƚŝŶŐ ĂŶĚ͕ ĨŽƌ ƉƵƌƉŽƐĞƐ ŽĨ ŝĚĞŶƚŝĨŝĐĂƚŝŽŶ͕ ĞŶĚŽƌƐĞĚ ďLJ ƚŚĞ ŚĂŝƌŵĂŶ͕ ďĞ ĂŶĚ ŝƐ ŚĞƌĞďLJ ĂƉƉƌŽǀĞĚ͖ ĂŶĚ ƚŚĂƚ ƚŚĞ ŝƌĞĐƚŽƌƐ ďĞ ĂŶĚ ĂƌĞ ŚĞƌĞďLJ ĂƵƚŚŽƌŝƐĞĚ ƚŽ ĐŽŶƐĞŶƚ ƚŽ ĂŶLJ ŵŽĚŝĨŝĐĂƚŝŽŶ ŽĨ ƚŚĞ ^ĐŚĞŵĞ ƚŚĂƚ ƚŚĞ ^ĞĐƵƌŝƚŝĞƐ ĂŶĚ džĐŚĂŶŐĞ ŽŵŵŝƐƐŝŽŶ ;SECͿ͕ ĞŶƚƌĂů ĂŶŬ ŽĨ EŝŐĞƌŝĂ ;CBNͿ ĂŶĚ Žƌ ƚŚĞ ŽƵƌƚ ƐŚĂůů ĚĞĞŵ Ĩŝƚ ƚŽ ŝŵƉŽƐĞ ĂŶĚ ĂƉƉƌŽǀĞ͘͟
Ϯ͘ ͞dŚĂƚ ƚŚĞ ŝƌĞĐƚŽƌƐ ďĞ ĂŶĚ ĂƌĞ ŚĞƌĞďLJ ĂƵƚŚŽƌŝƐĞĚ ƚŽ ĂĐĐĞƉƚ ƚŚĞ ƚƌĂŶƐĨĞƌ ŽĨ Ăůů ƚŚĞ ĂƐƐĞƚƐ͕ ůŝĂďŝůŝƚŝĞƐ ĂŶĚ ƵŶĚĞƌƚĂŬŝŶŐƐ ŝŶĐůƵĚŝŶŐ ƌĞĂů ƉƌŽƉĞƌƚŝĞƐ ĂŶĚ ŝŶƚĞůůĞĐƚƵĂů ƉƌŽƉĞƌƚLJ ƌŝŐŚƚƐ ŽĨ ŝĂŵŽŶĚ ĂŶŬ WůĐ ƵƉŽŶ ƚŚĞ ƚĞƌŵƐ ĂŶĚ ƐƵďũĞĐƚ ƚŽ ƚŚĞ ĐŽŶĚŝƚŝŽŶƐ ƐĞƚ ŽƵƚ ŝŶ ƚŚĞ ^ĐŚĞŵĞ ŽĐƵŵĞŶƚ͕ ǁŝƚŚŽƵƚ ĂŶLJ ĨƵƌƚŚĞƌ ĂĐƚ Žƌ ĚĞĞĚ͘͟ ϯ͘ ͞dŚĂƚ ĂƐ ĐŽŶƐŝĚĞƌĂƚŝŽŶ ĨŽƌ ƚŚĞ ƚƌĂŶƐĨĞƌ ŽĨ Ăůů ƚŚĞ ĂƐƐĞƚƐ͕ ůŝĂďŝůŝƚŝĞƐ ĂŶĚ ƵŶĚĞƌƚĂŬŝŶŐƐ ŝŶĐůƵĚŝŶŐ ƌĞĂů ƉƌŽƉĞƌƚŝĞƐ ĂŶĚ ŝŶƚĞůůĞĐƚƵĂů ƉƌŽƉĞƌƚLJ ƌŝŐŚƚƐ ŽĨ ŝĂŵŽŶĚ ĂŶŬ WůĐ͕ ƚŚĞ ŝƌĞĐƚŽƌƐ ďĞ ĂŶĚ ĂƌĞ ŚĞƌĞďLJ ĂƵƚŚŽƌŝƐĞĚ ƚŽ͟ Ͳ ĂůůŽƚ ƚŚĞ ^ĐŚĞŵĞ ^ŚĂƌĞƐ ƚŽ ŝĂŵŽŶĚ ĂŶŬ ^ŚĂƌĞŚŽůĚĞƌƐ ƵƉŽŶ ƚŚĞ ƚĞƌŵƐ ĂŶĚ ƐƵďũĞĐƚ ƚŽ ƚŚĞ ĐŽŶĚŝƚŝŽŶƐ ƐĞƚ ŽƵƚ ŝŶ ƚŚĞ ^ĐŚĞŵĞ ŽĐƵŵĞŶƚ͕ ǁŝƚŚŽƵƚ ĂŶLJ ĨƵƌƚŚĞƌ ĂĐƚ Žƌ ĚĞĞĚ͘͟ Ͳ
ƉĂLJ ƚŚĞ ƐƵŵ ŽĨ Eϭ͘ϬϬ ;KŶĞ EĂŝƌĂͿ ƉĞƌ ƐŚĂƌĞ ĨŽƌ ĞĂĐŚ ŝƐƐƵĞĚ ĂŶĚ ƉĂŝĚͲƵƉ ŝĂŵŽŶĚ ĂŶŬ ŽƌĚŝŶĂƌLJ ƐŚĂƌĞ ŚĞůĚ Ăƚ ƚŚĞ ĚĂƚĞ ŽĨ ƚŚĞ ŽƵƌƚͲKƌĚĞƌĞĚ DĞĞƚŝŶŐ
ϰ͘ ͞dŚĂƚ ƚŚĞ ^ŽůŝĐŝƚŽƌƐ ŽĨ ƚŚĞ ŽŵƉĂŶLJ ďĞ ĂŶĚ ĂƌĞ ŚĞƌĞďLJ ĚŝƌĞĐƚĞĚ ƚŽ ƐĞĞŬ ŽƌĚĞƌƐ ŽĨ ƚŚĞ ŽƵƌƚ ƐĂŶĐƚŝŽŶŝŶŐ ƚŚĞ ^ĐŚĞŵĞ ĂŶĚ ƚŚĞ ĨŽƌĞŐŽŝŶŐ ƌĞƐŽůƵƚŝŽŶƐ͕ ĂƐ ǁĞůů ĂƐ ƐƵĐŚ ŽƚŚĞƌ ŝŶĐŝĚĞŶƚĂů͕ ĐŽŶƐĞƋƵĞŶƚŝĂů Žƌ ƐƵƉƉůĞŵĞŶƚĂů ŽƌĚĞƌƐ ĂƐ ĂƌĞ ŶĞĐĞƐƐĂƌLJ Žƌ ƌĞƋƵŝƌĞĚ ƚŽ ŐŝǀĞ ĨƵůů ĞĨĨĞĐƚ ƚŽ ƚŚĞ ^ĐŚĞŵĞ͘͟ Page 1 of 2
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SUIT NO. FHC/L/CS/90/2019
ϱ͘ ͞dŚĂƚ ƚŚĞ ŝƌĞĐƚŽƌƐ ďĞ ĂŶĚ ĂƌĞ ŚĞƌĞďLJ ĂƵƚŚŽƌŝƐĞĚ ƚŽ ƚĂŬĞ ƐƵĐŚ ĂĐƚŝŽŶƐ ĂƐ ŵĂLJ ďĞ ŶĞĐĞƐƐĂƌLJ ƚŽ ŐŝǀĞ ĞĨĨĞĐƚ ƚŽ ƚŚĞ ^ĐŚĞŵĞ ŝŶĐůƵĚŝŶŐ ďƵƚ ŶŽƚ ůŝŵŝƚĞĚ ƚŽ ƚŚĞ ůŝƐƚŝŶŐ ŽĨ ƚŚĞ ^ĐŚĞŵĞ ^ŚĂƌĞƐ ŽŶ ƚŚĞ EŝŐĞƌŝĂŶ ^ƚŽĐŬ džĐŚĂŶŐĞ͘͟ By the said Order, the Court has appointed the Chairman of the Board of Directors, Mrs. Mosun Belo - Olusoga, or failing her, Dr. (Mrs) Ajoritsedere Awosika a director of the Company or failing them both, any other director appointed in their stead by the shareholders present at the meeting to act as Chairman of the said meeting and has directed the Chairman of the meeting to report the results thereof to the Court. Voting at the meeting will be by poll. Shareholders may vote in person or they may appoint another person, whether a shareholder or not to attend and vote in their stead. In addition to the questions that Shareholders can ask at the Meeting, the Shareholders may submit questions on the Scheme to the Company prior to the date of the Meeting. All such questions must be submitted to the Company Secretary on or before 5pm on Monday March 4, 2019. A proxy form is being sent to each shareholder. In the case of joint shareholders, the vote of the senior holder who tenders a vote, whether in person or by proxy, will be accepted to the exclusion of the votes of the other joint holders, and for this purpose seniority will be determined by the order in which the names appear on the register of members of the Company. It is requested that duly executed and stamped proxy forms (together with any power of attorney or other authority under which the proxy form is signed, or a notarized copy of such power of attorney or other authority) be lodged at the office of the Registrar, as shown on the proxy form, not less than 24 hours before the time appointed for the meeting. Please note that the lodging of a proxy form does not prevent you from attending the meeting and voting in person should you so wish. However, in such instances, your proxy will not be entitled to attend the meeting or vote thereat. A member entitled to attend and vote at the meeting or any adjournment thereof who has not received a copy of the Scheme Document within 14 days of the date of this notice can obtain copy of same from the Registrar of Access Bank Plc, United Securities Limited, Plot 09, Ahmadu Ojikutu Street, Victoria Island, Lagos. Closure of Register of Members The Register of Members will be closed on Tuesday 19th Day of February 2019 for the purpose of determining shareholders qualified to attend and vote at the meeting. Accordingly, changes to - and entries in - the Register of Members of the Company after that date shall be disregarded for purposes of the meeting. The Scheme will be subject to the subsequent approval of the Securities and Exchange Commission, the Central Bank of Nigeria and the sanction of the Federal High Court.
Dated this 24th Day of January, 2019 Banwo & Ighodalo 98, Awolowo Road South-West Ikoyi Lagos
Aluko & Oyebode 1, Murtala Muhammed Drive Ikoyi Lagos Joint Solicitors to Access Bank Plc
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T H I S D AY ˾ ˜ ͯͰ˜ Ͱͮͯͷ
COMMENT
Editor, Editorial Page PETER ISHAKA Email peter.ishaka@thisdaylive.com
IN THE LINE OF FIRE
President Buhari does not deserve another four years, argues Ayodele Segun
A
bove all qualifications and considerations, Muhammadu Buhari as a presidential candidate on the platform of the All Progressives Congress (APC) in the 2015 election was voted for, by many Nigerians based on the belief that he is a man of integrity and Spartan disposition as opposed to the unreliable and profligate features of the Goodluck Jonathan administration. Even though a good number of Nigerians who had some intimate knowledge of Buhari’s weaknesses took time to caution that the former military head of state was not the saint he was being painted, the average Nigerian shut his ears to such timely warning. Three and half years down the line, Nigerians have come to realize that there was a huge mistake in bringing Buhari to power as his integrity posturing has been nothing but a farce. Keen observers of events and record keepers in these years of his governance can readily attest to the catalogue of his lies at one time or the other. Buhari’s main opponent in the February 16 presidential election, Atiku Abubakar of the Peoples Democratic Party (PDP) may not be a saint, but he would certainly not tell the kind of lies President Buhari has told Nigerians to bring himself to power and has kept telling in other to sustain himself in power. Beginning with his intent to participate in the 2015 election, Buhari told Nigerians at the earliest stage in 2014 that he was so poor that he had to take loan to buy his presidential nomination form. By this posturing, he had tried to make Nigerian masses believe that he was on their side and certainly not one of the beneficiaries of looting in the public space. If Buhari was as poor as he painted his situation, how could he have maintained his two children who were undergraduates in a United Kingdom university? Who was paying their huge tuition in foreign currency? President Buhari, prior to his election in 2015 and even now in office, keeps advertising his self-assumed austere lifestyle ostensibly to cajole less discernible Nigerians to believe that he is not corrupt. So how can he explain the luxuriant lifestyle of his family? In 2017 his son Yusuf was involved in an accident with a motorbike that has market value of about $157,000 according to media reports. How did the young man get such amount to buy motorbikes? If Buhari’s integrity and anti-corruption posturing is anything to go BY, charity should have begun from his house. In his presidential speech to mark Nigeria’s independence anniversary in 2018, Buhari had told Nigerians that efforts were on course in the Niger Delta to clean up polluted lands. As I write nothing tangible has been done two years after the Vice President Prof. Yemi Osinbajo flagged off the Ogoni clean-up. The Ogoni issue is a clear case of deceit by an administration, which had promised to right the wrongs of the past particularly in the Niger Delta region. Also, the same President Buhari had told Nigerians in his Independence Day message that the conflict between herders and farmers was being addressed decisively. How could he have made such a volte face when in June, 2018 during his visit to Plateau State after herdsmen killed hundreds of Nigerians there, he had said that “there is nothing I can do to help the situation except to pray.” If President Buhari is sincere with his Independence Day assertion that the conflict was being addressed, let him tell Nigerians how many of the perpetrators of such heinous crime have been arrested and prosecuted. What evidential measures are on ground to forestall recurrence? The suspension of hostility in the area for now is not because Buhari’s administration has taken any serious steps to nip the crisis in the bud
BUHARI IN HIS INDEPENDENCE DAY SPEECH TOLD NIGERIANS THAT ‘THERE IS NOW AN ENABLING ENVIRONMENT FOR LOCAL AND FOREIGN INVESTMENT IN NIGERIA.’ THIS IS NOT TRUE AS THERE IS CAPITAL FLIGHT IN NIGERIA
but arguably to allow elections hold before they renew the attack. The innocent citizens of the Middle Belt should not rejoice yet as the masterminds and supporters of the organized unprovoked attacks are still very much around. On the issue of corruption, it is evident that Buhari’s Independence Day assertion that his administration “is making progress in the fight against corruption is only but a hypocrisy. Otherwise what has been the level of prosecution of those who have been investigated and have cases to answer? If his administration is making progress as claimed, let him tell Nigerians in what direction. Is it by welcoming into the APC fold politicians accused of corrupt practices like Senator Godswill Akpabio, Musiliu Obanikoro and others whose cases were dropped as soon as they defected to APC? Obanikoro was the “courier” of the multi-billions delivered to Ayodele Fayose for the 2014 governorship elections in Ekiti State. The former Minister of State, Defence who was wanted by Buhari’s administration in 2015 to face criminal charges has since become a saint because he defected to APC. He is now being used as prosecution witness against Fayose. Is that the progress Buhari is making in the fight against corruption? Two years after the former Secretary to the Federal Government (SFG) Babachir Lawal was accused of corruptly enriching himself by diverting money meant for internally displaced persons, it was only a few days ago that the government has woken up to announce his trial in the court after much pressure from the public. The same thing goes for the former Director-General of the National Intelligence Agency (NIA) Ayodele Oke in whose wife’s (Folashade) apartment about $43.45million was found. Why would it take such a long time to arraign them and how are we sure the trial would even proceed to the end before this administration leaves office? President Buhari also lied to Nigerians in his Independence Day broadcast when he stated that “as president I will continue to work tirelessly to promote, protect and preserve what really matters.” The truth as evident from his actions and inactions in the last three and half years is that never has Nigeria been more divided than what we have now because Buhari continues to appoint mostly Northern Muslim Fulanis to sensitive national positions without regard to the constitutional requirement of federal character. With the exception of Chief of Naval Staff and Chief of Defence Staff, all other service chiefs including the Inspector-General of Police, heads of the Economic and Financial Crimes Commission, Nigeria Immigration Service, Nigeria Customs Service, Nigeria Security & Civil Defence Corps, Department of State Service and so on are Northern Fulani Muslims. By these appointments, Buhari has demonstrated that he is out to protect and promote Northern Fulani Muslims interest over and above the general interest of all Nigerians. He has implicit confidence in his ethnic cum religious brothers with absolute distrust in others even when he has sworn to an oath of office, pledging to be impartial in the discharge of the functions of his office. With regard to the economy, Buhari in his Independence Day speech told Nigerians that “there is now an enabling environment for local and foreign investment in Nigeria.” This is not true as there is capital flight in Nigeria. In 2013-2014 Nigeria was number one in the list of Foreign Direct Investment (FDI) in Africa but in 2018, the country was not even among 10 highest recipients. Segun, a development analyst, wrote from Ado-Ekiti
EXORCISING THE DEMONS FROM THE SEVEN GATES (1) Anya O. Anya harps on the challenge of the times even as the country approaches the elections
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was also intrigued by the suggested theme of the lecture, National Leadership: Exorcising Demons From the Seven Gates. Exorcising Demons? Amongst pharmacists? On reflection I came to appreciate how apt and germane the theme is. Our nation is certainly passing through troublous, uncertain, tumultuous and most challenging times, what the Chinese would call interesting times. Given the irrationality, malevolence and murderous propensity of these times we cannot attribute these horrendous times to a mere enemy- it must be the devil himself supported by his cohorts the demons. How else can it be when the Boko Haram have resurrected in the North East, banditry has overrun Zamfara, Katsina, Kaduna and now Sokoto States in the North West and in the North Central hordes of Fulani herdsmen have pillaged and murdered innocent farmers in Benue, Taraba, Plateau, Kogi, Kwara and Niger. In the South East apart from the herdsmen, the Biafran resistance youth are determined to pursue their campaign for self-determination. What of the Niger Delta militants in addition to the herdsmen in the South South? In the South West kidnappers, armed robbers, herdsmen, ritualists and sundry other workers of iniquity are holding sway in Ekiti, Lagos, etc. So where in our nation can we find security and safety even as we approach the elections in this year of our lord 2019? It seems evident that the demons have overrun the seven gates of the nation. In these circumstances one may be forgiven if he wonders whether there can be a government, a leadership or even a nation in this environment.
In the pursuit of the theme, we need to understand two key concepts: the Nation and the Leadership. According to Mariam Webster dictionary a nation is “a community of people composed of one or more nationalities and possessing a more or less defined territory and government with a written constitution…” Wikipedia on the other hand defines it as “a stable community of people formed on the basis of a common language, territory, economic life, ethnicity or psychology manifested in a common culture…” Nigeria is a plural society- multi-ethnic, multi-lingual, multi-cultural and diverse in many features of its national persona. No wonder the late Chief Awolowo is often quoted when he says that “Nigeria is a mere geographical expression.” In other words apart from sharing a common territory our diversity is a multi-dimensional phenomenon that questions our standing as a nation. How to organize, manage, coordinate or integrate this congeries of a nation becomes a daunting challenge. With regard to the concept of leadership it was the late Chinua Achebe who had opined that the problem with Nigeria is that of leadership. To appreciate the deep connotation of his statement we need to understand who is a leader and what constitutes leadership? According to a dictionary, a leader is “a person or thing that holds a dominant or superior position within its field and is able to exercise a high degree of control or influence over others…” Leadership has however been defined by a former President of the United States, Dwight Eisenhower as “the act of getting someone else to do something you
want done because he wants to do it...” It has also been defined “as a process of social influence which maximizes the efforts of others toward the achievement of a goal…” Thus, leadership is always exercised within the context of power or influence where power implies possession of ability to wield force, authority or influence. Hence, we need to explore the circumstances and the context in which leadership can be exercised within our national space. The emergence of nation states is a historical process which has been mediated by the type and quality of leadership that has operated in societies. Building and developing a nation is analogous to the building of a house. We can imagine the Nigerian nation as a circular building with seven gates and held aloft by three pillars- righteousness, justice and compassion. Each of the gates is manned by an elder who has imbibed the lessons from history, the national ethos and moral tenets of the society. The seven gates are government/politics, economy, religion, media/entertainment, military, family and education. Each of these have their own subordinate rules and regulations that determines whether access can be granted or not. Generally access is given or denied on the basis of adherence or non-adherence to the ethics of the society “ the set of rules that govern the behaviour of a person- as well as the values of the society- the beliefs for which a person has an enduring preference” . Whenever we have to make a choice between two things, our ethics determine what is right or moral while values consist of the beliefs for
which a person has an enduring preference and in the defence of which he/she may be prepared to die. While ethics determine what is right, values determine what is important. Values are at the core of our being for they constitute the basis for our judgement in life. In other words, “values are forces which cause individuals to behave in a particular manner.” They are personal and emotional since they influence our state of mind and thus motivational. Ethics on the other hard enforces a particular course of action. Every society has a code of ethics and a scale of values which guides it in determining incentives, rewards and sanctions that apply within the society. Leadership is always deployed within the context of power. There are three theories of power. The pluralist: power distributed amongst many groups, coalitions are often necessary involving professional/ business groups with the public often bystanders, bargaining and compromises are unavoidable. The power elite: this aggregates the interwoven interests of the leaders of the military, corporate and political elements of society. It is therefore driven by a relatively small loosely knit group of people who tend to dominate policymaking. It is often suggested that a single elite, not a multiplicity of competing groups decides the life and death issues of the nation leaving relatively minor matters for the middle level and almost nothing for the common person. Excerpts from Prof Anya’s speech at the inauguration and investiture ceremonies of The Pharmaceutical Society Of Nigeria
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T H I S D AY TUESDAY, FEBRUARY 12, 2019
EDITORIAL The Benefits Of Executive Order Seven The executive order may provide a push on road infrastructure if properly implemented
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igeria is blessed with about 195,000-kilometre road network, out of which some 32,000 km are federal while 31,000km are state’s. Only about 30 per cent of the entire road network is paved. Of the paved, a large proportion is in poor, deplorable condition due to insufficient investment and an appalling maintenance culture. Sadly, investment in this critical infrastructure has been uninspiring. For instance, a paltry N295 billion was budgeted in 2018 to fund key capital projects, including road construction, expansion and maintenance across the country. This has been the trend over the years, leaving huge funding gaps and a worsening road infrastructure. According to the African Development Bank (AfDB), Nigeria’s cumulative infrastructure financing needs is estimated to hit $3 trillion by 2044 or about $100 billion annually, which is about four times the size of the nation’s annual budget. Providing this humongous funding requirement is a mirage considering THERE IS A DIRE NEED the extreme pressure FOR MORE OF SUCH facing public sector finances. It is perhaps INTERVENTIONS TO in the realisation of the ADDRESS DEFICITS, critical role of the private PARTICULARLY sector to fill the void that IN THE AREAS OF President Muhammadu POWER, EDUCATION, Buhari recently signed HEALTHCARE AND the Executive Order 007 of 2019 on Road HOUSING Infrastructure Development and Refurbishment Investment Tax Credit Scheme. The new order allows private companies to construct and refurbish roads across the country and get paid in the form of tax credit. It is gratifying that the signing of the order has helped the two-year-old Nigeria Industrial Policy and Competitiveness Advisory Council (Industrial Council) chalk up a landmark achievement in accelerating infrastructure development for economic growth. Already, six investors including Dangote
Industries Limited, Lafarge Africa Plc, Unilever Nigeria Plc, Flour Mills of Nigeria Plc, Nigeria LNG Limited, and China Road and Bridge Corporation Nigeria Ltd are set to invest in 19 road projects, measuring 794.4 km which have been prioritised in 11 states across each of the six geo-political zones.
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T H I S DAY EDITOR BOLAJI ADEBIYI DEPUTY EDITOR DAVIDSON IRIEKPEN MANAGING DIRECTOR ENIOLA BELLO DEPUTY MANAGING DIRECTOR KAYODE KOMOLAFE CHAIRMAN EDITORIAL BOARD OLUSEGUN ADENIYI EDITOR NATION’S CAPITAL IYOBOSA UWUGIAREN MANAGING EDITOR JOSEPH USHIGIALE
T H I S DAY N E W S PA P E R S L I M I T E D EDITOR-IN-CHIEF/CHAIRMAN NDUKA OBAIGBENA GROUP EXECUTIVE DIRECTORS ENIOLA BELLO, KAYODE KOMOLAFE, ISRAEL IWEGBU, IJEOMA NWOGWUGWU, EMMANUEL EFENI DIVISIONAL DIRECTORS BOLAJI ADEBIYI, PETER IWEGBU, ANTHONY OGEDENGBE DEPUTY DIVISIONAL DIRECTOR OJOGUN VICTOR DANBOYI SNR. ASSOCIATE DIRECTOR ERIC OJEH ASSOCIATE DIRECTORS PATRICK EIMIUHI, SAHEED ADEYEMO CONTROLLERS ABIMBOLA TAIWO, UCHENNA DIBIAGWU, NDUKA MOSERI DIRECTOR, PRINTING PRODUCTION CHUKS ONWUDINJO
y this order, the president is authorised to grant exemption from corporate taxation, for certain companies or groups of companies, which are willing to deploy their working capital to fund road projects, by way of issuance of tax credits. In simple terms, what this means is that companies can go into funding road constructions directly from their taxable incomes in exchange for exemption from the payment of their corporate tax equivalent to the amount that is required for the funding of the road infrastructure. This will translate to companies fixing those road networks around their operational areas and stop the injustice of deplorable road conditions for which the taxes they pay are meant to fix. Giving further insight into the executive order, the Minister of Finance, Mrs. Zainab Ahmed, said the scheme was the outcome of efforts to think outside the box and deploy new techniques to develop critical road infrastructure in the country. More of such thinking outside the box is needed to address our staggering infrastructure gap which has continued to torpedo our journey into greatness. If well implemented, the executive order will also help to address the perennial conflicts between companies and their respective host communities particularly in respect of accusations and counter-accusations over corporate social responsibility. With the order, companies now have the opportunity of killing two birds with one stone: the ability to provide a bit of their own social capital (roads) for ease of their operations and at the same time fulfilling their corporate social responsibility. We believe that there is a dire need for more of such interventions to address deficits, particularly in the areas of power, education, healthcare and housing. This has therefore, more than ever, calls for a change in the funding mix to create partnerships to finance infrastructure and other projects.
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NIGERIA’S PURPORTED ISLAMISATION AGENDA
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igeria has two dominant religions: Christianity and Islam. In their respective doctrines, peace and unity are copiously emphasized. Ditto in the nation’s motto. Under the 1999 Constitution, Section 38 (1) provides that “Every person shall be entitled to freedom of thought, conscience and religion, including freedom to change his religion or belief, and freedom (either alone or in community with others, and in public or in private) to manifest and propagate his religion or belief in worship, teaching, practice and observance”. By this provision, choice of religion is sacrosanct, and sealed as a fundamental right to all citizens. By implications, it is lawful for any citizen to freely adopt a religion or change it without any compulsion, and therefore unlawful to forcefully convert or impose any religion on anyone. It is on this premise that political parties notwithstanding non- provision in the Electoral Act often balance and nominate presidential candidates and running-mates considerately from the two major religions except in 1993 when Social Democratic Party (SDP) presented a two-Muslims ticket; Bashorun MKO Abiola and Alh Babagana Kingibe as presidential candidate and running-mate respectively without squabbles. Possibly, Nigerians were elated with their gregariousness or objectively made servicedelivery their priorities, and consequently, prudently aligned with Peter F. Drucker, an Austrian-born American renowned author; celebrated as the father of Modern Management Theory. Drucker affirmed that “Effective leadership is not about making speeches or being liked; leadership is defined by results, not attributes”. Unfortunately, the peoples’ high hopes metamorphosed
into a nightmare. The June 12-presidential election massively participated with fervour was bizarrely annulled by military junta of General Ibrahim Babangida in concert with Chief Arthur Nzeribe’s Association for Better Nigeria (ABN). Abiola later mysteriously died in 1998 under incarceration by General Sani Abacha’s junta. Recently, President Buhari compensatively, conferred a posthumous honour of the Grand Commander of the Federal Republic (GCFR); Nigeria’s highest rank exclusively reserved for presidents, on late Bashorun Abiola. The nexus is that despite the duo’s same religion, majority of Nigerians including Christians overwhelmingly adopted the ticket and fearlessly voted for the duet. To the electorates, it was splendidly a contest between value and torpor, and nothing more. It therefore implies that religion has not critically shown up in the litany of problems facing the country but lack of visionary and committed leadership. Interestingly, President Buhari nominated Professor Yemi Osinbajo (SAN); a pastor in one of the leading churches with presences virtually in all local government areas in Nigeria and beyond, as his running mate in 2015 and yet again for 2019 reelection bid. Prof Osinbajo until his assumption of office as Vice President of Nigeria pastored a parish in The Redeemed Christian Church of God (RCCG) at Lagos. Then, during President Buhari’s medical vacation in London, the RCCG General Overseer, Pastor Enoch Adeboye was the only religious leader that had access to the president abroad which showed there is no religious cacophony amongst the elites or at the centre except the few extremists causing commotion in the society. For instance, the national leader of All Progressives Congress (APC), Asiwaju Bola Ahmed Tinubu, though a devout Muslim,
yet his wife, Senator Oluremi Tinubu is an ordained assistant pastor in RCCG in Lagos. Similarly, the Minister of Power, Works and Housing, Babatunde Fashola (SAN) is a Muslim, while his wife and children are Christians, yet everyone retains dignity despite differing religious beliefs. Furthermore, the present Director-General of the Budget Office of the Federation, Ben Akabueze is a pastor in RCCG parish in Lagos. These records clearly attest to one indisputable fact; that people bringing ‘Islamization’ or ‘Christianization’ into politics, instilling fears and doubts in the polity are simply detractors and enemies of peace. It is immaterial where the missiles come from; be it from churches or mosques. The golden truth is nobody can forcefully impose any religion on the nation, and nobody has manifestly mulled over it or even contemplating to do it but mere handiworks of mischief makers. Hence, the fears are uncalled for and should be despised as the finger pointing is groundless, tenuous or politically-motivated. To buttress it further, it is on record that the same leader purportedly masterminding the sinister plots to foist his religion over the nation had earlier nominated and paired with Pastor Tunde Bakare as his running mate under the platform of Congress for Progressives Change (CPC) which didn’t materialize. Pastor Bakare is incontrovertibly a voice in the Christendom. It is equally evident that the Chaplaincy at the State House operates freely as usual without any form of interference or intimidation. Candidly, audiences should be wary of information they are fed with, be it in the name of prophesies or ‘visions’ as humans are unpredictable by nature. Carl Umegboro is a public affairs analyst and Associate, Chartered Institute of Arbitrators
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T H I S D AY ˾ TUESDAY FEBRUARY 12, 2019
POLITICS
Group Politics Editor NSEOBONG OKON-EKONG Email nseobong.okonekong@thisdaylive.com (08114495324 SMS ONLY)
PRESIDENTIAL PODIUM
Sowore’s Challenge is for the Good of the Citizen Udora Orizu
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moyele Sowore is a human rights activist, blogger, Writer, lecturer. He is the founder and publisher of the much-cited SaharaReporters, a website of citizen journalism, supplying videos, photos, news stories and commentaries. Mr. Sowore is an indigene of Ondo State. He was born on February 16, 1971 in the Niger Delta region of the country where he was also raised. He studied Geography and Planning at the University of Lagos and holds a Master’s degree in Public Administration from Colombia University. He teaches Modern African History at the City University of New York and Post Colonial African History at the School of Art, New York. On February 25, 2018, Sowore announced his intention to run for President in the 2019 general election. In August 2018, he founded a political party, the African Action Congress (AAC). He emerged unchallenged as the presidential flagbearer for the party. Security For the last three decades, Nigeria has become an increasingly dangerous place. Militancy, kidnappings and terrorism have been on the rise. No one is safe from this growing menace. Our government will remain supportive of the amnesty program with a view towards emphasizing the creation of sustainable job opportunities for participants. We believe that the underlying causes of the conflict are the lack of opportunities in the oil producing regions, the wanton neglect of the communities by successive governments and the abuse of the environment. We pledge that the long delayed environmental restoration of the oil induced pollution in the Niger Delta will commence and all parties with an obligation for the clean up of the environment in the Niger Delta will have to discharge their duties in a timely manner. Thousands of Nigerians have lost their lives to the farmer, herdsmen conflict over the last decade. Comprehensive solutions to the crisis will require the transformation of the cattle rearing business in Nigeria from a pastoral approach to a commercial ranching
Sowore model. To this end our government will work to support the establishment of commercial ranches, proximate to hydrological zones that can provide access to the year round water resources required for use by the animals as well as for the irrigation of the land to plant forage crops and grass during the dry season. We will intensify the war against Boko Haram, provide better security to communities that are susceptible to the attack by Boko Haram. We will enhance collaboration with neighbouring nations and countries that are engaged in the global war terror, no stone will be left unturned and no potential partnership will be ignored in the battle against Boko Haram. We will use technology like drones and satellite monitoring to ensure that there are eyes on all vulnerable areas at all times, to prevent tragedies such as what happened at Chibok and Dapchi from ever occurring again. As criminals and crime networks become more sophisticated, increasingly utilizing cyber technologies, our government capacity to respond should be equally sophisticated. We will promote the development of advanced cyber crimes law enforcement capabilities.
Infrastructure Economic growth is facilitated and enabled by robust infrastructure. For road, It is the goal of our government to double Nigeria’s road infrastructure within four years. The associated costs will be about $283 billion, at an assumed cost of $1.4 million per km. We will emphasize the creation of dual carriage ways that will enhance safety expand the capacity to use roads for supporting trade and commerce, our infrastructure development program will strongly emphasize inter-regional connectivity. For rail, it is the goal of our government to double Nigeria’s rail infrastructure within four years. Priority will be given to rail projects that enhance commerce, link farms to markets and facilitate the ready movements of persons and goods across Nigeria. Housing, Nigeria has a housing deficit of about 17 million units. We estimate that this massive building project will cover as much as 8.5 million acres across the country, with an estimated market value of about N1.275 trillion ($3.64billion). Our housing sector programs will be enabled by government but driven by partnerships between the private and public sectors. On Sanitation, Nigeria continues to lag in its ability to provide clean drinking water and sewage treatment facilities to it’s people. In our first four years, we aim to provide drinking water to an additional 30% of Nigerians and sewage treatment to 20 percent of Nigerians. At an assumed per capita water usage rate of about 40 gallons per day, we estimate that 1,347 million gallons per sewage capacity and 2,021 million gallons per day of drinking water capacity would be required. Economy Nigeria is a rich and blessed nation. However our economy has not performed at a level that commensurate with the energy and abilities of our people. The three major planks of economic growth that we will focus on are leveraging technology for growth, promoting small businesses and strengthening manufacturing sector. We will support the emergence of globally relevant software and ICT technology markets in Nigeria. One technology hub will be created in each of
the geopolitical zones. These hubs will provide highly subsidized rents to ICT firms and encourage the emergence of creativity ecosystems. Our government will promote small businesses through provision of affordable loans, development of small business innovation fund that will provide up to N 1 million in non-dilutive equity funding for breakthrough ideas, creation of new bureau for small business enterprise to be charged with the task of driving the growth of small business enterprises. Nigeria’s manufacturing sector is in shambles, we will ensure that the Nigerian manufacturer and the Nigerian economy get a fair deal out of a any transitional trade agreements. Health Nigeria’s health care system is in shambles. Hospitals are poorly equipped and chronic shortage of health care personnel across the country. The goals of our health care policy would be to enhance access and improved quality. Our government will improve health care access by deploying 160,000 new primary health care workers across Nigeria’s 774 local government areas, this will ensure that each LGA has at least about 207 new primary health care personnel. We will also set minimum resource standards at the state and local levels and ensure that these requirements are used as a basis for deploying resources and benchmark performance across the entire sector. In addition to finding a greater role for public- private- partnership (PPP), we will evaluate the following additional means for funding health care based on contributions from the private sector and religious organizations. Reform the National Health Insurance Scheme (NHIS), working with all stakeholders in the health care sector we will institute urgent reforms that will assure high quality access to enrolees and ensure that providers are fairly rewarded for all services rendered. A significant effort will be expended by our government towards providing robust training at the PHC level to shore up the capabilities and skills of our frontline healthcare workers. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
Espousing His Contract with Nigeria Nseobong Okon-Ekong
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sukwo Mendie Archibong, presidential candidate of Nigeria for Democracy (NFD) has written and published a document containing his vision for development of Nigeria. His ‘Contract With Nigeria’ is the springboard that the NFD hopes to use to ‘Take Back Nigeria’. The party insists that it is time for the people of the country to enjoy the fruits and benefit of democracy. The NFD believes that it is time to properly govern the country and time to exhibit a high level of competence in the administration of the country. Archibong is a US-trained attorney. Power The challenges facing the power sector are inadequate generation of power, inadequate and delayed maintenance of facilities, insufficient funding of the power stations, obsolete equipment, lack of exploration to tap all sources of energy from the available resources. To resolve these challenges we must do the following: (a) Generate power from diverse sources such as Solar Energy, Wind Energy, Nuclear Energy, Hydro-Electric Power, Thermal or Fossil Fuel Power including Coal Fired and Gas Turbine; (b) Break up the monopoly of the Transmission Company of Nigeria; (c) Create redundancies in the power transmission infrastructure of Nigeria; (d) Distribute power to all areas of Nigeria; (e) Protect the power infrastructure of Nigeria from all internal or foreign attacks; (f) Improve government oversight of the companies involved in the power sector Strong Economy and Job Creation With a vibrant teeming youth population, we
Archibong need to provide an enabling environment for the creation of jobs. Our youths need to be kept gainfully employed. The enabling environment entails providing constant power supply, a safe and secure Nigeria, and good transportation network, amongst other things. This will increase Foreign Direct Investments in the country. This will also encourage Nigerians outside the country to return home and contribute to the country. It will also increase our industrial base in the country. It will take bold leadership to keep the few remaining industries within the country and attract other industries to come to Nigeria. Thus we must provide appropriate incentives for the few remaining industries to stay. We must also improve our banking sector, so that everyone can comfortably have an account. The fees charged by banks must be removed or reduced where appropriate. We must increase urban and rural area access to banks. The present percentage of less than five per cent of rural area access to
banking facilities is abysmally low. Next step would be to invest in our technological base so we can compete globally. We will provide a nurturing base for our creative technology companies to grow. In this regard we will improve our Intellectual Property Laws so as to protect the intellectual property of our innovators and inventors. We will also reduce the tariffs charged by the telecommunication companies, which is really one of the highest in the world and provide free WIFI to technology hubs or schools to spur development and innovation. We will also remove oil subsidies so it can be used to develop our transportation system in the country. This money can be used to stimulate the economy by developing capital projects that will lead to job creation for our graduates coming off the National Youth Service Corp year. We will start out with low hanging fruits such as encouraging companies to situate their call centers and support centers in Nigeria. The availability of jobs serve as an enticement for our youths to go to school, remain in school and perform well. We have one of the most active and productive youths in the world today. We must give them the tools to succeed. We must create an enabling environment so that jobs are created in both the private and public sectors of the economy. A Safe and Secure Nigeria We must have a Safe and Secure Nigeria. The World Economic Forum recently released their Travel and Tourism Competitiveness Report, which analysis the state of the travel and tourism sectors in 136 countries around the globe. Nigeria unfortunately was ranked the fifth worst country to visit. We must recognize that life is important and we must respect the sanctity of life. Life is
without duplicate. Where there is life there is hope. We must take bold steps to protect every Nigerian wherever they may be. We must take bold steps to create a safe and secure Nigeria such that when we send our children to school, we know they will come back home to us. When you become an affluent member of the society, you are not at risk of being kidnapped. When you are a government official you do not need a contingent of fierce looking policemen attached to you just to keep you safe. We must ensure a safe and secure Nigeria so there is not one person who is internally displaced in Nigeria. In the North East and North Central Nigeria, there are two million internally displaced persons. It is heart-breaking that due to the wanton killings and lack of security Nigerians are being forced out of their ancestral homes. We must have peace in Nigeria and create a safe and secure Nigeria. To have a peaceful Nigeria we must begin by taking bold steps to improve, strengthen, and professionalize the security agencies of this country. We must improve information gathering in the country so as to prevent crime. We must take bold steps to ensure that everyone feels included in the economic reward of a strong Nigeria. It is clear that where there is unfair and disparate distribution of wealth and the exclusion of people from the fruits of the economy, there can be no meaningful security. Therefore we must make all Nigerians feel that they are a part of the economic success of this country. Only then will we have a safe and secure Nigeria. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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T H I S D AY ˾TUESDAY FEBRUARY 12, 2019
STATE OF THE POLITY
Kaduna Weighs Offer from El- Rufai, Ashiru Though there are 38 candidates jostling to become governor of Kaduna State, John Shiklam writes that the contest is really between incumbent Governor Nasir El-Rufai of the All Progressives Congress and Hon. Isah Ashiru of the Peoples Democratic Party
el-Rufai
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he governorship election in Kaduna State is a battle of two political gladiators, deploying all available guts and wits. There are 38 candidates jostling for the exalted office of the governor, but the main contenders are the incumbent governor, Mallam Nasir El-Rufai of the All Progressives Congress (APC) and Hon. Isa Ashiru of the Peoples Democratic Party (PDP), who have been crisscrossing nooks and crannies of the state canvassing for support from the people. Both of them are Muslims from the northern part of the state. While the APC is flying a Muslim- Muslim ticket, a departure from power sharing and inclusiveness that had existed since the creation of the state in 1967, the PDP is presenting a Muslim- Christian ticket. The impact of the other 36 candidates can hardly be felt . Apart from a few of their posters and billboards on the streets, there is no indication that they on the ground and campaigning like the APC and the PDP. The election, is therefore, a straight fight between the ruling APC and the main opposition PDP in the state. It must be noted that since 1999, Kaduna had been the stronghold of the PDP, having governed the state for 16 years. However, the party lost out in theAPC’s “wind of change” that swept across parts of the country and led to the woeful defeat of the PDP in the 2015 elections. El- Rufai, having made his mark as a performer while serving as Minister of the Federal Capital Territory (FCT), was the toast of the people at that time. His emergence as governor raised the hope of the people in their quest for dividends of democracy. They believed he would transform Kaduna as he did Abuja. Interestingly, his opponent, Ashiru, a former state lawmaker and member of the House of Representatives who dumped the PDP in 2014 and joined the APC, contested for the governorship ticket with El-Rufai and three others. He lost the primary to El-Rufai who got 1,965 to his 1,379 votes. Kaduna occupies a strategic position as the political capital of the north. It is also home to the northern elites. President Muhammadu Buhari and some of his aides like his Chief of Staff, Alhaji Abba Kyari, Minister of Interior, Abdulrahaman Danbazau among others reside in Kaduna. The northern elites, therefore, play a role in ensuring who becomes governor of the state. For El-Rufai, besides the incumbency factor, he enjoys the backing of the federal government. Buhari has substantial followership in Kaduna and this will work to his advantage. In fact, the governor has promised Buhari 80 per cent of votes in the February 16 presidential election. The governor feels that he has achieved a lot in the past four years and therefore deserves
Ashiru
to be re-elected. His performance has however remained a subject of controversy among the people of the state. While the governor’s supporters claim that he has performed, his critics and the opposition insist that he has failed, accusing him of implementing anti-people policies and programmes that have led to poverty and hunger. At the flag off of his campaign on December 12, 2018, the governor said the ordinary people will support him because his programmes are aimed at improving their living condition. He said his administration has “made tough choices and accomplished much for the people. It is clear that the political forces that were soundly defeated in 2015 have ganged up again, we must mobilise our people to again reject them at the ballot,” he said. According to him, “the struggle to empower ordinary people and to make their lives better requires that the party of the people should continue in government.” El-Rufai said he was seeking re-election on a record of achievements in human capital development and governance innovations, adding that the controversial local government elections, conducted in 2018, which the APC won overwhelmingly, was the first test of his popularity and support. “It was our first test of popular support, and it showed that ordinary people know who is standing for them. We do not take that for granted. Therefore, we will campaign even harder,” he said. He maintained that, “in spite of all the risks we have taken and all the people we are supposed to have upset, the election on March 2, as far as Kaduna State is concerned, is almost a done deal.” He argued that the reforms in local government administration and the restructuring of traditional institutions in the state has freed up resources for the 23 councils which are now financially buoyant enough to execute capital projects after paying salaries and overhead costs. However, some of the alleged anti-people policies, have created a large coalition of aggrieved people who have vowed to vote against the governor. Upon assumption of office, El-Rufai banned the age long practice of sponsoring people for pilgrimage to either Mecca or Jerusalem, thereby saving millions of naira for the government. This may not have gone down well with some people as many states, continued to sponsor people for pilgrimage. He also banned the practice of street begging and introduced a Bill to regulate preaching by both Christians and Muslim clerics in the state, but these could not be enforced as they were mired in controversy and were never revisited again. The banning of the Islamic Movement in Nigeria, (IMN) also known as Shiite, by the
governor has also pitched them against him. The home and property of their leader, Shiekh Ibrahim Zakzaky who has remained in detention since December 2015 were demolished by the state government. El-Rufai banned the group on the recommendation of a judicial panel of enquiry set up to investigate the clash between the Shiites and the Nigerian Army in Zaria in December 2015. Over 21,000 teachers sacked following his reform of the education sector have not forgiven him, though the governor said the reforms were aimed at ensuring quality education in public schools in the state. The teachers were sacked for failing a competency test administered on them by the state government. His decision to nominate Dr. Hadiza Balarabe, a Muslim woman from the southern part of Kaduna state, as his running mate was received with mixed feelings. His critics accused him of further dividing the people along religious line, alleging that he was promoting religious sentiments for political gains. But El-Rufai has consistently defended his position, saying his choice was not based on any religious consideration but on competence and capacity, saying he is optimistic about winning the election. His alleged marginalisation of the southern part of Kaduna state and the alleged poor handling of attacks on communities it the area by herdsmen, may have been responsible for the seeming sour relationship between him and the people of the area. The governor himself recently confirmed his unsavory relationship with the Southern Kaduna people when he said that even if he had nominated the Pope as his running mate, 67 per cent of the Christians in the area will not vote for him. Furthermore, the renaming of some traditional institutions, without regards to their historical and cultural dynamics did not go down well with them. For example, the renaming of the traditional title of ‘Agwom Adara’ to ‘Agwom Kachia’ and the ‘Sa Gbagi’ to ‘Etsu Chikun’. The leadership and indigenes of the affected communities are waiting to extract their pound of flesh from El-Rufai at the polls. Besides, a sizeable number of those who worked to bring him to power in 2015 state had left the APC for PDP and other political parties following the conflict that embroiled the party. Chief among them are his arc political rivals; Senator Suleiman Hunkuyi (representing Kaduna North) and Senator Shehu Sani (representing Kaduna Central) who were once castigated by the governor, for rejecting the $350 million World Bank loan to the state which was to be approved by the senate. Others who left the APC include, Dr. Hakeem Baba Ahmed, Mr. Tom Matamaki Maiyashi, Alhaji Saeed Haruna, governorship
candidate of the Social Democratic Party (SDP), Ambassador Sule Buba and Hon. Jagaba Adams Jagaba among several others. Before declaring for the governorship race, Ashiru had served two terms each in the state assembly and the House of Representatives. But very little was known about him, politically, until he decamped to the APC and contested for the party’s governorship ticket in 2014. Besides enjoying the support of those aggrieved against the El-Rufai’s administration, he has the backing of influential politicians like former Vice President, Namadi Sambo, former National Caretaker Chairman of the PDP and two-term governor of the state, Senator Ahmed Makarfi, former governor Mukhtar Yero, Mr. Ishaya Dare Akau, former Secretary to the State Government, Mr. Waje Yayok, former National Organising Secretary of the PDP,AlhajiAbubakar Mustapha, former Finance Minister, Senator Nenadi Usman and former Group Managing Director of the NNPC, Mr. Andrew Yakubu among others. He also enjoys the support of both Muslims and Christians in the northern and southern part of the state, having chosen a Christian as his running mate. He is likely to get bloc votes in the southern part of the state, which has remained the strong hold of the PDP since 1999. However, observers opined that the emergence of Ashiru as governor may be disastrous for the state as he does not seem to have the necessary experience and the intellectual capacity to govern a complex and volatile state like Kaduna. The fear, according to his critics, is that he may end up being controlled by his political godfathers and may not be able to bring any development to the state. Curiously, he doesn’t seem to have any policy document. If he does, it has not been made public. Besides, blaming the APC’s failure to perform, promising to review the cases of those sacked from work and promising to chase out hunger and tackle insecurity, nothing much is known about his vision for the state. He also seems to be media shy. He has effectively avoided the probing eyes of the media, so far. Beyond the candidates, is the quest by residents of the state to have a peaceful and transparent election. There is palpable fear about the eruption of violence as politicians strategise to outwit each other. In the past few weeks, there have been concerted efforts by the Kaduna State Peace Commission and non-governmental organisations towards sensitising the people for peaceful elections. NOTE: Interested readers should continue in the online edition on www.thisdaylive.com
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FEATURES
Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325
Presidential Seal for the Disability Act The Disabilities Bill was finally signed into law penultimate week, thereby putting a presidential seal on the 18-year struggle to empower 25million people living with disabilities, who were hitherto marginalised and denied access to several social amenities in Nigeria, Mary Nnah writes
Cross section of people with disabilities during a recent event
O
ver the course of 18 years, several moves have been made under successive administrations in Nigeria to pass the Disabilities Bill. Such bills have often scaled through the processes at the National Assembly but have been unsuccessful, especially at the point of obtaining the presidential assent. But just recently, on January 24, 2019, to be precise, through the many efforts of the Centre for Citizens with Disabilities (CCD), President Muhammadu Buhari finally signed the Disability Bill into an Act. Provisions of the Act On that day, the Disability Community received with jubilation the news that Buhari had assented to the Disability Bill. This act now means that era of discrimination against people with disability has come to an end in Nigeria. With this singular action by Buhari, the reign of discrimination on the grounds of disability will no longer exist. Hence, the bill contains provisions that would ensure people living with disabilities in Nigeria are protected against discrimination and harmful treatment, cruelty and inhuman treatment, provision of facility at public building, protection at situation of risk and humanitarian emergencies, provision for adequate standard of living and social protection. Also, the law provided for the right of children with disabilities, right to health, education, work and employment, right to drive, right to communication, right to communal life, right to participation in cultural life, recreation, leisure/sport and National Disability Commission to
address complaints of harassment, discrimination and harmful practices, amongst others. That means discrimination against people with disability ceases henceforth. With this Act, it is a crime against the state to discriminate against any person with disability in Nigeria, which is key to rehabilitation and reintegration of persons living with disabilities. Prior Ratification Before the recent victory, the United Nations Convention on the Rights of Persons with Disabilities (‘the
By this singular act, the reign of discrimination and harmful practice against people with disabilities in Nigeria has come to an end. What this means is that no one, no matter how highly placed and no institution will discriminate against any Nigerian with disability
Convention’) was signed and ratified by the Nigerian Government almost eight years ago, but before January 24, 2019, it was yet to be domesticated under the Nigerian statute books as required under the provision of Section 12 of the 1999 Constitution. However, Nigeria, as one of the foremost Member States to sign and ratify the convention, had nonetheless lagged far behind in its domestication within her jurisdiction. States including Bauchi, Lagos, Jigawa, Plateau, out of the 36 states of the Federation and FCT had passed Disability Laws to operate within their respective jurisdictions. For a long while, there was much pressure and persuasion on the Federal Government to show leadership by signing this proposed bill towards the full implementation of the provisions of the convention in the Federal Republic of Nigeria and for adoption by other states. The Struggle Consequently there were many struggles by those concerned, prominent among which was, the Centre for Citizens with Disabilities (CCD), recommending to the president to sign the bill at this point in time, believing that such will positively exhibit Nigeria’s commitment to the committee of nations to implement the provisions of this convention to properly mainstream People With Disabilities (PWDs) into the national development process. So for over 18 years it was a kind of war between the disability community and the federal government of Nigeria. Worried that Nigeria’s population of persons living with disabilities has
hit the mark of 25 million people and yet there was no comprehensive law or institution set up to specifically cater to their needs as required under the convention and that persons with disabilities in Nigeria face countless discrimination daily on account of their disabilities, particularly challenges in mobility, healthcare, education, physical and emotional abuse and neglect, it was apparent that PWDs were in dire need of a law with an appropriate institutional framework to protect them. Therefore, the Disability Community had to struggle continually for eight years to secure an act of the National Assembly that would criminalise all forms of discrimination and other harmful practices against citizens with disabilities in Nigeria. But then the purpose for the struggle was not forthcoming and so they had to endure for more than eight years. So when on January 24, the PWDs eventually got the presidential nod for the Disability Bill to be signed into an Act, it was a dream come true! CCD's Efforts Speaking during a press briefing on the presidential assent on the Discrimination against Persons with Disabilities (Prohibition) Act aka Nigeria Disability Rights Act, held at the Centre for Citizens with Disabilities (CCD) office, Ikeja, Lagos last week, CCD’s Executive Director, Mr. David O. Anyaele was overwhelmed with joy. He expressed gratitude on behalf of the board of trustees, management and staff as well as volunteers of CCD, to all those who have been instrumental to bringing this dream to reality. He thanked President Buhari for signing
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FEATURES Discrimination against Persons with Disabilities (Prohibition) Bill into an Act. He also thanked the leadership of the National Assembly led by Senator Bukola Saraki and Rt. Hon. Yakubu Dogara for fulfilling their promise of passing the bill before the end of this legislative session, noting, “By this singular act, the reign of discrimination and harmful practice against people with disabilities in Nigeria has come to an end. "What that means is that no one, no matter how highly placed and no institution will discriminate against any Nigerian with disability or on the grounds of his/her disability.” Anyaele, a Disability Activist and Social Worker; who when visiting Freetown-Sierra Leone in 1999, was attacked, captured and set on fire by the Revolutionary United Front (RUF) rebels of Sierra Leone, after his two limbs were forcefully chopped off because of his identity as a Nigerian. That experience has since left him without arms. Speaking further, Anyaele said, “You may ask that beyond the criminalisation of the discrimination on the grounds of disability, what are other provisions of this act? These provisions include, that no public institution or public building would constructed without creating access for people with disabilities. "When we talk about access, it is not just lifts and ram, it also include toilet facilities that would enhance anybody with disability who is on wheelchair or clutches to access all facilities within such public building on equal basis with others”, he noted. Anyaele who hinted further that the bill also provides five per cent employment opportunity in all public institutions, added that the bill will further provide right to education, right to health, right to political participation, as well as a commission that will monitor compliance and adherence to the provisions of this act. Past Challenges Reminiscing on the challenges that his organisation had to go through to get the Disability Bill singed into an Act, Anyaele recalled that former Presidents Chief Olusegun Obasanjo and Dr. Goodluck Ebele Jonathan denied them assent on the bill. “In fact, President Jonathan denied us assent two times - in 2011 and 2015, for reasons best known to him and which was based purely on misguided information and ignorance on issues at stake as they have to do with people with disabilities in Nigeria”, he noted. He recalled also that the Federal Republic of Nigeria Constitution 1999 had amended criminalised discrimination on different grounds, but was silent on the grounds of disability and this has led to institutional discrimination to the extent that if you go to public institutions and therefore people with disabilities were not included in government programmes, while public institutions were not accessible to people with disabilities and so they struggle to get access to building in the public environments and worse still, they are not given employment opportunities. He recalled that Nigeria signed to the UN Convention on the Rights of Persons with Disabilities, including its optional protocols in 2007 and 2010 respectively, which provide that all States parties to the convention shall take appropriate measure to make laws and policy to ensure full compliance to the provisions of the convention. Anyaele averred further that Buhari as the Presidential Candidate of APC in 2015 promised at a stakeholders meeting with persons with disabilities in Lafia, Nasarawa State that he was going to work in collaboration with the National Assembly to pass laws
From left: Executive Director, CCD, Mr. David O. Anyaele, when he presented a Policy Brief in support of urgent assent to the Nigeria Disability bill to Mr. Abubakar Malami (SAN), Minister of Justice and Attorney General of the Federal Republic of Nigeria during a courtesy visit to the minister
From left: Senior Programme Officer, Centre for Citizens with Disabilities (CCD), Mr. Kola Ogunbiyi with CCD’s Executive Director, Mr. David O. Anyaele during a press briefing on the Assent of President Muhammadu Buhari on the Discrimination against Persons with Disabilities (Prohibition) Act held at the CCD office, Ikeja, Lagos … recently
in favour of persons with disabilities in Nigeria, which would criminalise discrimination and other harmful practices that hinder people with
The bill also provides five per cent employment opportunity in all public institutions. The bill will further provide right to education, right to health, right to political participation, as well as a commission that will monitor compliance and adherence to the provisions of this act
disabilities from participating in society on equal basis with others. Appreciating that the National Assembly completed action on the disability bill in November 2018 and transmitted same in December 2018 to the President of the Federal Republic of Nigeria for assent, he said, “We are excited and we appreciate the president for signing the disability bill into an act. “We felt it was important to brief Nigerians on this latest development and to share our joy and excitement that a last all the struggling that we have been engaged in in the last 18 years, to the extent that we had a protest march in Abuja. Even before the protest march, at a time between December 2016 and December 2017, the disability bill got missing, and we had to raise an alarm. It was later discovered by March 2018, when we were told by the Senate president, Bukola Saraki, that the bill suffered administrative mishap and that he was going to penalise all those who were involved in strangulating the bill and graciously the National Assembly took action.
“And when we discovered that the disability bill was not going to be priority to National Assembly, we led a protest march to the National Assembly on October 8, 2018, giving them an ultimatum of seven days to finish completion of action on the bill. The following week, the leader of the senate raised the issue at the floor of the National Assembly asking the assembly to complete necessary action on bill to ensure transmission. And today, the reign of discrimination of the grounds of disability has come to an end”, Anyaele said with elation. He therefore called on the government to ensure the full implementation of this law without delay, while also calling on the National Assembly to take appropriate action to ensure that the Act is gazetted and to ensure that its enforcement commences immediately. “We also call on all line ministries, departments and agencies to take note of this act and begin to take appropriate measures to ensure that no one is left behind on the grounds of disability in Nigeria”, he appealed further.
A
WEEKLY PULL-OUT
12.02.2019
G20 SANS: CAN THEY CLEAN THE JUDICIAL AUGEAN STABLE?
Hon. Justice Walter Onnoghen
President Muhammadu Buhari
Hon. Ibrahim Tanko Muhammad
2/DASHBOARD
12.02.2019
Recognition of Unincorporated Associations: Whether it Confers Juristic Personality PAGE 4
Lagos Captures Criminal Information of 14,636 Inmates PAGE 5
Court Convicts MD of Defunct Integrated Microfinance Bank of $166m Fraud PAGE 5
QUOTABLES ‘It has become national interest, for us to threaten to kill foreign observers.....Having made that statement alone, is enough to cause a lot of disaffection, to even make people pull out from the whole thing. If they could threaten foreign observers, then what would happen to those of us, who are mere opposition?’ – Nyesom Ezenwo Wike, CON, Lawyer, Life Bencher, Governor of Rivers State
‘The vindication of innocence, is in the process of the law. You cannot say, “I’m innocent, so I will not subject myself to the process of the law”. That is what the process of the law, is designed to effect.....’ - Yemi Candide-Johnson, SAN
COLUMNIST DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D Constitutional Democracy, means a system of government, in which political and governmental power, is defined, limited and shared by a grundnorm called the Constitution, which provides inbuilt checks and balances. This column seeks to fiercely discuss constitutional, legal and political issues, with a view to strengthening, deepening and widening the plenitude and amplitude of democracy and good governance, without fear or favour. The writer of this column, Dr. Mike Ozekhome, SAN, is a Constitutional Lawyer, Human Rights Activist, Pro-Democracy Campaigner, Notary Public and Motivational Speaker. He co-founded the Civil Liberties Organisation (CLO), Nigeria's pioneer human rights league, on October 15,1987, the Universal Defenders of Democracy (UDD), in 1992, and with Chief Gani Fawehinmi and others in 1998, the Joint Action Committee of Nigeria (JACON), to push out the military. In his early days, he lectured at the University of Ife. Dr. Ozekhome is an author of many books. He is also a Special Counsel at the International Criminal Court (ICC), at The Hague.
NURTW Boss Sentenced to Death by Hanging for Killing Police Officer PAGE 5
Stop Exxon Mobil’s Plan to Sack Me, GM Tells Court PAGE 6
‘Every Lawyer Must Remember that, Law is a Business’ PAGE 6
ONIKEPO BRAITHWAITE EDITOR JUDE IGBANOI DEPUTY EDITOR AKINWALE AKINTUNDE REPORTER TUNDE BUSARI GROUP HEAD OCHI OGBUAKU II ART DIRECTOR
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Political Desperation and Indecent Abuse
D
The Promised Land o you remember the story of Moses in the Bible? How he led the Israelites out of Egypt, wandering in the desert for 40 years, until the land which God had promised that they would inhabit, was in sight? Then, because Moses disobeyed God, and struck the rock twice with his staff, to bring forth water for the people, when they gathered against Moses and Aaron, complaining that there was no water, instead of speaking to the rock to bring forth the water, as God had instructed, God punished Moses by not allowing him to enter the Promised land, though He still allowed Moses to see the Promised land, looking at it from the heights of Mount Nebo (Numbers 20:1-13). For those who saw President Muhammadu Buhari (Baba), as some sort of Messiah or Moses in 2015, they have been greatly disappointed. Not only are Nigerians not seeing the Promised land from any Mount Nebo, it is as if the Promised land is located on an unexplored or undiscovered planet, and therefore, cannot be sighted at all!
Election Fever As the elections commence in four days, Nigerians have been overcome with ‘election fever’ for quite some time. So many intrigues and counter-intrigues. The level of desperation to win elections that has been displayed by politicians, is unprecedented, though the APC Government, seems to ‘take the cake’, in this regard. Yours truly (my humble self), on the contrary, seems to be suffering from ‘election hypothermia’, hypothermia being a sort of opposite of fever (hyperthermia), which “occurs when the temperature drops below that required to maintain normal metabolism”. And, why is my temperature so low? It is because, I am not encouraged at all, by what I see. The question to ask is, what does Onikepo see? Government’s Desperation First, I see a government that came into power under the pretence of democracy and change, now riddled with unfulfilled campaign promises, veering towards a dictatorship in many aspects, instead; a government that is full of ‘desperados’, using non-democratic, strong arm tactics, to ensure that their regime does not come to an end, feeling threatened (which was not the case in 2015), knowing fully well that they have performed badly, and contemplate possible defeat at the polls, if the elections are conducted on a level playing field, if care is not taken!
Kaduna State Governor, Nasir El-Rufai
This care has been taken, by employing different type of means. Coming to a compromise with the Labour Unions on the minimum wage, and ASUU (after students have been out of school for several months), a few days to the elections, obviously to secure their votes, is one way. Trying to restrain the opposition from holding their rallies in government controlled venues, as in the case of trying to frustrate the main opposition party, PDP’s rallies in Kano and Abuja, is another way, though a pettier example of government’s desperate tactics. A more serious example, is that of the Police. People protested when the immediate past Inspector General of Police (IG), appointed Kayode Egbetokun as the new Commissioner of Police (CP) of Lagos State. It was such a brazenly partisan, anti-democratic posting, since he had served as the Chief Security Officer to Governor Tinubu, during his first term in office. Now that Governor Tinubu can be said to be seeking his sixth term as Governor of Lagos, how fair is it, that Egbetokun would be the one to be appointed as the Lagos CP, when many have the impression (not unreasonably so), that his loyalty remains to his old boss? As they say, Justice must not only be done, it must be seen to be done. Isn’t it funny and ironic that, while Governor Tinubu and the APC, are hell bent on never leaving Lagos, hypocritically, they in their party, are the same ones trying to wrestle Kwara from Dr Saraki and PDP (pot calling kettle black!), and have re-parcelled Egbetokun to Ilorin as CP, to ensure that they win Kwara State in the next election, by hook or by crook? In any event, is it not the Police Service Commission (PSC) that is empowered by virtue of Part 1 Third Schedule to the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution) Section M 30(a), to appoint all police personnel to offices, except to the office of the IG? What does the PSC have to say, about these new postings? I also see those in Government, who seem to be unwittingly doing their best to erode public confidence in INEC, and the conduct of the elections. I watched an interview of the INEC Chairman, Professor Mahmood Yakubu, on Channels TV, last Wednesday. I must say that, Prof Yakubu spoke well. He was confident, and somewhat convincing about delivering credible elections, though he made it quite clear that, just as INEC has its own role to play in making the elections a success, so also do other bodies like the security agencies, have their own work cut out for them. Why then abrade the confidence which Prof Yakubu seeks to build in the eyes of the populace, by making
partisan security appointments, which give the impression that Government intends to use the security apparatus, to somehow crookedly tip the election in its favour? The ‘Body Bags’ Saga I was appalled, when I heard the reckless statements of Governor El Rufai, and Presidential Spokesman, Garba Shehu, about foreign observers for the elections. Do they want to turn Nigeria into a ‘Pariah State’, an outcast in the international community? How on earth could El Rufai say that, anyone who came to intervene in Nigeria, would go back in body bags? Is that not the height of inflammatory hate speech? Is that not the way of a military dictator? His wishy washy attempt to subsequently retract or clarify his thoughtless comments, were laughable. It is depressing and absolutely discouraging, when you hear people in authority, make such irresponsible statements. It shows the level of their intolerant, backward, selfish, sectarian and myopic mindset, and authenticates the belief that, as long as such people remain at the helm of affairs of this nation, Nigerians cannot expect much progress in the country, nor the fulfilment of the fundamental objectives and directive principles of State policy, as provided for in Chapter 2 of the Constitution. Shehu, on his part, was actually quite hilarious and delusional in his own comments, saying that Nigeria would raise its forces against any military intervention. Which forces, might I ask? Our ill-equipped military, with their ‘shakabula’ guns, who have been seen on video, low morale and all, complaining and deserting; our military who have been unable to vanquish the Boko Haram insurgents? It is only under Baba’s administration that Nigerians have learnt the new meaningless catch phrase, ‘technical defeat’! You either win a war, or lose it. It The other day, I watched a video which was trending on social media, in which soldiers were shown, pushing an army tank whose engine did not start! Is it with that type of malfunctioning tank, that Nigeria will repel foreign forces? Statements and frenzied actions like this, only make people believe that, whether or not Prof Yakubu is planning credible elections, the Government is desperate, and if they cannot win on the ballot, they will use whatever means are available, fair or foul, to ensure their victory at the polls. I see a government that stands accused of stifling the finances of the opposition, witch hunting and arresting those perceived to be opposition party financiers (some say even on trumped up charges), so that the opposition will be starved of funds to run their campaign. Meanwhile in 2015, as the opposition then, during its campaign, the APC matched the then ruling party, PDP, Naira for Naira. I see a bunch of verbally abusive politicians, with low standards of decorum, who have no clue about governance, and so, instead of discussing important issues pertaining for instance, to the economy, how they intend to harness Nigeria’s vast untapped resources, for the welfare and benefit of all Nigerians, and the development of the country, simply waste valuable television time, hurling insults at each other. Election Observers The essence of having Election Observers and Monitors, is for them to “detect and deter fraud” in the voting process and ballot counting, and to ensure that there is strict adherence to the electoral laws. The presence of credible Foreign Observers, who are independent and impartial, since they are not citizens of the host country, makes the electoral process seem more reliable. “Observers help build public confidence in the honesty of electoral processes”. Where in the past, election observers were used mostly for nascent or weak democracies, more recently, they have been used even in more established democracies, including the UK and USA. Or is it because the foreign observers criticised the Osun Gubernatorial run-off election, that they may not be welcome this time around?
ONIKEPO BRAITHWAITE
THE ADVOCATE onikepo.braithwaite@thisdaylive.com onikepob@yahoo.com
“I WAS APPALLED, WHEN I HEARD THE RECKLESS STATEMENTS OF GOVERNOR EL RUFAI, AND PRESIDENTIAL SPOKESMAN, GARBA SHEHU, ABOUT FOREIGN OBSERVERS FOR THE ELECTIONS.... SHEHU, ON HIS PART, WAS ACTUALLY QUITE HILARIOUS AND DELUSIONAL IN HIS OWN COMMENTS, SAYING THAT NIGERIA WOULD RAISE ITS FORCES AGAINST ANY MILITARY INTERVENTION. WHICH FORCES, MIGHT I ASK?”
To the best of my knowledge, election observers come in advance to check the preparations for the elections, they meet with the staff of the body responsible for conducting the elections, they look at voter registration, the environment and so on, and on the day of elections, they are present at the polling stations, monitoring the process from start to finish. To the best of my knowledge, they do not come with weapons, as they are not coming to fight a war, so it is not only off putting and misguided, but suspicious, when government officials spout such nonsense, about body bags and military intervention. P.S.:‘Oto’ My friend Oto, called me last week, up in arms about a video that went viral, about a young lady in Edo State, one Favour Ada, who was accused of stealing an iPhone. She was stripped naked, and pepper forcefully inserted into her private part, in a bid to make her confess to the theft, and produce the phone. Oto (like many of us women), felt that the action by Favour’s attackers, was a “blatant, indecent abuse, and degradation of womanhood” (Oto’s words). She is right. It also constitutes the offence of Assault, contrary to Section 252 of the Criminal Code Act. If Favour was suspected of stealing, why wasn’t she just handed over to the Police, instead of humiliating and assaulting her, in such a barbaric manner? After all, stealing is an offence, well provided for in our laws. Thankfully, the perpetrators of this disgusting act, are said to have been arrested. The sad part of it is that, we women are also guilty of subjecting our womenfolk, to this degrading act of stripping naked, beating and making video recordings of such demeaning altercations, particularly when a woman is caught in an amorous relationship with someone else’s husband or a man she maybe, shouldn’t be with. This sort of ‘jungle justice’, which occurs mostly against women, must be shunned by society, and criminalised.
4/LAW REPORT
12.02.2019
Recognition of Unincorporated Associations: Whether it Confers Juristic Personality
T Facts
he Appellant took out a Writ of Summons and Statement of Claim against the Respondents, at the High Court of the Federal Capital Territory, Abuja. While the matter was before the first learned trial Judge, several applications filed by the Respondents were heard and refused. Upon his retirement before the conclusion of the matter, it was re-assigned to another Judge. On the 30th of September, 2001, the new Judge took a motion for stay of proceedings, which was granted pending appeal. According to the Respondents, the Appellant, without notice to the Respondents, moved the trial court to discharge the order of stay of proceedings earlier granted by the court when they were served with the notice of motion for judgement, filed by the Appellant. The Respondents filed a motion for stay of proceedings and a preliminary objection, to the Appellant’s motion for judgement. The trial court refused both applications, and subsequently, struck them out. This paved way for the determination of the Appellant’s motion for judgement and counter-affidavit of the Respondents. Meanwhile, the Respondents had filed an interlocutory appeal entered by the Court of Appeal as, CA/A/32/2002. The trial court then overruled the objection of the Respondents, and entered judgement in favour of the Appellant, based on the motion for judgement. The Respondents being dissatisfied with the decision filed an appeal to the Court of Appeal, praying the Court to strike out the Interlocutory Appeal on the ground that it was similar to the substantive appeal. Both parties participated in Appeal No: CA/A/113/2004, where the Court of Appeal held that the Respondents were agencies or agents of the Federal Government, and, as such, the High Court of the Federal Capital Territory, Abuja had no jurisdiction to entertain the Appellant’s action, despite the fact that its claim was based on a simple contract. The Appellant who was dissatisfied with the decision of the Court of Appeal, filed this appeal to the Supreme Court. Issues for Determination The following issues were adopted for determination: 1. Whether it is proper for the Respondents to maintain Appeals No. CA/A/ 32/2002, CA/A/113/2003 and CA/A/113/2004 before the Court of Appeal, or neglect to serve their Notice of Appeal, Record of Proceedings and Respondents’ Brief of Argument in Appeal No. CA/A/113/2004 on the Appellant. 2. Whether the 1st Respondent is indeed, an agency of the Federal Government. 3. Whether the Federal High Court has exclusive jurisdiction, over matters of simple contracts involving agencies of the Federal Government. 4. Whether the Respondents validly raised ground 2 of their Grounds of Appeal, which challenges the legal personality of the Appellant. Arguments For the Appellant, it was argued that the Respondents maintained multiple appeals and that the record of proceeding served on the Appellant by the Respondents had Appeal No. CA/A/32/2002, while the Appellants brief had Appeal No. CA/A/113/2003. Also, that the Respondents never served the record of proceedings or Appellants’ brief in respect of Appeal No. CA/A/113/2004 on the Appellant. It was submitted that, the 1st Respondent is not an agency of the Federal Government, but an agency of the State pursuant to the combined effect of Sections 2(2), 3(1), 298, 299, 301(a) and 302 of the 1999 Constitution of the Federal Republic of Nigeria. Counsel for the Respondents argued that, there was nothing in law that prohibits the filing of more than one notice of appeal. He submitted that, Appeal No. CA/ A/32/2002 existed as an interlocutory appeal, and that Appeal No. CA/A/ 113/2003 never existed; any allusion to such, would have been as a result of wrong numbering by the Court’s registry. It was maintained that the Supreme Court should hold that filing, maintaining and pursuing one appeal No.CA/A/ 113/2004, did not amount to abuse of court processes. It was also submitted that, the Ministry of the Federal Capital Territory is not an agency of a State, but an agency of the Federal Government. On the issue of the legal personality of the Appellant, the Respondent submitted that, only natural persons, that is, human beings and juristic or artificial persons, are competent to sue and be sued. This objection to the juristic personality of the Appellant was raised at the trial court, but same was struck out by the court for failure of the Respondent to support the motion with an affidavit, and a subsequent motion was
Hon. Ibrahim Tanko Muhammad, JSC
In the Supreme Court of Nigeria Holden at Abuja On Friday, the 28th day of September, 2018 Before Their Lordships Ibrahim Tanko Muhammad Olukayode Ariwoola Kumai Bayang Aka’ahs Amina Adamu Augie Sidi Dauda Bage Justices, Supreme Court SC.203/2008 Between Socio-Political Research Development .........
Appellant
And 1. Ministry of Federal Capital Territory 2. Hajiya Maimuna Bello Ajanah 3. Hajia Hadiza Abdulahhi ............Respondent (Lead Judgement delivered by Hon. Ibrahim Tanko Muhammad, JSC)
also struck out, for being an abuse of Court process. Court’s Judgement and Rationale On issue one, it was noted that there was more than one appeal filed by the Appellant; therefore the filing of more than one appeal does not affect the validity of an appeal, if notices are filed within the statutory period for appealing. An appeal is not incompetent, because it is brought by more than one notice of appeal. ITESHI v
“JURIDICAL PERSONALITY IS ACQUIRED, WHEN THE LAW RECOGNISES THE EXISTENCE OF UNINCORPORATED ASSOCIATIONS. ON THE OTHER HAND, THE CAPACITY TO SUE AND BE SUED, IS NOT THEREBY GIVEN BY A MERE RECOGNITION AND ACCEPTANCE OF ITS EXISTENCE, ONLY THE LAW CONFERS THAT ATTRIBUTE OR CAPACITY, AND IN MOST STATUTES, THE CAPACITY TO SUE AND BE SUED OF AN AUTHORITY OR BODY THEY CREATE, IS EXPRESSED”
THE STATE (1975) 9-11 SC 41. The Appellant adopted all the issues formulated by the Respondents at the lower court which related to appeal No.CA/A/113/2004, and it was in consideration of the briefs that the court below delivered its judgement. Since the doctrine of waiver postulates an abandonment of a right, the Appellant is estopped from complaining having waived its right to do so. On the second and third issue, the Court identified with decided authorities, the principle that the jurisdiction of a court is determined by the nature of the Plaintiff’s claim as endorsed on the Writ of Summons - TUKUR v GOVERNMENT OF GONGOLA STATE (1989) 4 NWLR (Pt. 117) 517. In the instant case, the averments in the Appellant’s Statement of Claim at the trial court, showed that the agreement entered with the Respondents was on a simple contract, which the Appellant alleged that the Respondents breached. As such, by the nature of the claim, the State High Court and High Court of the Federal Capital Territory, were vested with general jurisdiction to entertain disputes on simple contract, which is not covered by the provisions of Section 251 of the 1999 Constitution. The Appellant’s claim had nothing to do with the administration or management of the Respondents. In 2005, the case of ONUORAH v KADUNA REFINING & PETRO CHEMICAL CO. LTD (2005) 6 NWLR (Pt. 921) 393 clarified the issue on when the Federal High Court could exercise its exclusive jurisdiction, and when it loses that exclusivity in favour of States High Court and the High Court of the FCT. In that case, the Apex Court unanimously held that, by virtue of Section 230(1) of the then 1979 Constitution, the Federal High Court was not conferred with the jurisdiction to entertain claims founded on contracts. Guided by the reasoning in the above case, by virtue of Section 251(p) of the 1999 Constitution (as amended), the Federal High Court is vested with exclusive jurisdiction inter alia, on matters pertaining to the administration and control of the Federal Government or any of its agencies. In the instant case, the Appellants’ claim did not fall within the ambit of Section 251(p), and the issues over flogged by both parties as to whether the Ministry of the FCT or the Minister of the FCT are agencies or agents of the Federal Government, was immaterial, as the focal point was the claim of the Appellant as endorsed in its Writ. The court agreed with the position held in ROE LIMITED v UNIVERSITY OF NIGERIA APPEAL NO. SC42/2007 delivered on 12th day of January, 2018, that by Section 251 of the 1999 Constitution, the Federal High Court is a special court with exclusive jurisdiction limited to items stated therein. Therefore, since the claim of the Appellant was based on simple contract, breach of which would involve damages, the High Court of the FCT and not the Federal High Court, is the proper court for settlement of such disputes. The issue was, accordingly, resolved in favour of the Appellant. Deciding the fourth issue challenging the juristic personality of the Appellant, the Court held that juridical personality is acquired, when the law recognises the existence of unincorporated associations. On the other hand, the capacity to sue and be sued, is not thereby given by a mere recognition and acceptance of its existence, only the law confers that attribute or capacity, and in most statutes, the capacity to sue and be sued of an authority or body they create, is expressed – PEAT MARWICK ANI OGUNDE & CO. v OKIKE (1995) 1 NWLR (Pt. 269) 71. Once the issue of juristic personality of an artificial person is raised, the party in question can discharge the burden by producing the certificate of incorporation – ATAGUBA & COMPANY v GURA NIGERIA LIMITED (2005) 6 NWLR (Pt. 927) 429. The Appellant failed to prove that, it had the personality to sue and be sued; there is no iota of evidence of its incorporation before the court. It follows that, it is an unregistered outfit under the laws operating in Nigeria, making it a non-juristic person. Where the legal capacity of the Plaintiff is being questioned, it goes to the jurisdiction of the court, and the court must ascertain that the Plaintiff has the capacity to sue, before it can proceed to hear the matter. Conclusively, the Court held that, the Appellant having failed to prove its juristic personality to sue and be sued, the whole action instituted by it at the trial court was incompetent, and liable to be struck out. Appeal Dismissed. Representation Isaac Okpanachi and O.O. Ifijeh, Esq. for the Appellant. Mela A. Nunge, Sylvester Ogbelu and O.L. Okeke, Esq. for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))
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NEWS/5 FELICITATIONS Mr Kayode Segun Sofola, SAN, a legal luminary and an icon in the profession turns 70 on February 14, 2019. Mr Sofola, a King’s College Lagos old boy, has practiced as a Barrister for 42 years, and was elevated to the rank of Senior Advocate of Nigeria in 1995. He is considered by his peers, to be an exemplar of integrity and competence at the Bar, on the Bench, as Chairman of VAT and Tax Appeal Tribunals, and across several executive boards.
NEW MAGISTRATES Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, SAN and Lagos State Chief Judge, Hon. Justice Opeyemi Oke (middle) flanked by other Judges of the State High Court and newly sworn in Magistrates at the Lagos High Court Foyer, Igbosere, recently
Lagos Captures Criminal Information of 14,636 Inmates … As DPP Issues 358 Legal Advices Stories by Akinwale Akintunde The Lagos State Government has enrolled a total of 14,636 inmates from the 5 Federal prisons in the State, on the Lagos Criminal Information System (LCIS) as at December 2018. This is contained in the released quarterly report of the LCIS, for October to December of last year. The report also indicated that, the total built capacity for the Prisons in Lagos State, namely; Ikoyi, Badagry, Kirikiri Female, Medium and Maximum Security Prisons, which should be for 4,087 inmates, have been heavily congested with the current inmate population of 9,247, which shows that prisons
in the State have become grossly inadequate to cater for the increasing number of inmates. According to report, this data gives credence to the call by the State Government, for the construction and provision of new prison facilities in the State. Data from the report has again established that, “Stealing is still the most prevailing offence for which inmates are incarcerated, followed closely by such offences as; Breach of Peace, Cultism, Fighting, Murder and Armed Robbery”. Shedding more light on crime demography in Lagos State, the LCIS report revealed that, the “top 5 locations where inmates committed of-
fences include; Mushin, Apapa, Oshodi, Agege and Ibeju- Lekki. While cases of Defilement constituted 59% among Domestic and Sexual offenders, with Rape and Sexual Assault having 20% and 9% respectively”. In the period under review, 75% of inmates at the Federal Prisons in Lagos State, are recorded to be Awaiting Trial, with 17% convicted Inmates and 6% on remand. In the same period, the report indicated that, the “Directorate of Public Prosecution (DPP) of the Ministry of Justice issued a total of 358 legal advices, from the 358 duplicate case files received. With the breakdown showing; Miscellaneous (Stealing
related offences)- 51, Sexual related – 138, Robbery-91, Homicide- 50 and Fatal Motor Accident- 28. It will be recalled that, during the launch of the Lagos Criminal Information System (LCIS) on July 24, 2018 by the State Government, as part of the reforms in the administration of justice in the State, Mr. Adeniji Kazeem, SAN, the Attorney-General and Commissioner for Justice, explained that the LCIS to be administered by his office, would serve as the databank, where critical information on inmates and criminal activities, and crime demography would be stored, to further enhance the administration of justice in Lagos State.
Court Convicts MD of Defunct Integrated Microfinance Bank of $166m Fraud Justice Cecilia Mojisola Olatoregun of a Federal High Court sitting in Lagos, has convicted former Managing Director of the defunct Integrated Microfinance Bank Limited, Mr. Simon Ademola Akinteye, over the $166.9 million fraud levied against him. Akinteye was found guilty of the nine count charge, bordering on reckless granting of loans without collateral, levelled against him by the Department of Public Prosecution (DPP), Federal Ministry of Justice. The court, however, discharged and acquitted his deputy, Gabriel Adepoju, who was charged on one count charge of unlawful diversion of N22.250 million, to a printing company named Gad Press Limited. Justice Olatoregun has
adjourned till February 21, for the sentencing of the former Bank boss. Akinteye and Adepoju were arraigned before the court, on a 10-count charge of reckless granting of loans without collateral, in 2017. The DPP in a charged marked FHC/L/234c/16, alleged that two Bank Chiefs recklessly, without collateral, approved credit facilities running into $166 million USD, and N33.250 million to themselves and one Mrs. Temitope Muhammed Imam. In the charge, the convict, Akinteye, was said to have at different times withdrawn from the bank's account, the total sum of N11 million, and diverted it into his personal company named 'Deblad
Nigeria Limited'. He was also said to have unlawfully withdrawn the total sum of $166 million, and paid same to the account of the said Temitope Muhammed Imam, domiciled with Citi Bank N. A. of Utica/Clarkson, 702, Utica Avenue, Brooklyn New York, United States of America; and another account domiciled with Washington Mutual, 391, Eastern Parkway, Belford Avenue, New York, USA. The second Defendant, Adepoju, was alleged to have withdrawn the total sum of N22.250 million, and diverted same to a limited liability company, Gad Press Limited. The offences according to the Prosecutor, Ndidi Glady Ezinwa-Ukuba (Mrs),
are contrary to Sections 18 (1)(a), 18(3) and 15(1)(a)(I) Banks and other financial Institutions Act, Laws of the Federation of Nigeria, 2004, and punishable under Sections 18(2) and 16(1)(a) of the same Act. Prior to the arraignment of the Defendants, their Lawyer, A. O. Sheriff, through a Notice of Preliminary Objection, urged the court to dismiss the charge, on the ground that the Defendants had earlier been acquitted and discharged by Justice Okon Abang of the same court, when they were formerly arraigned. But, the trial Judge, had dismissed the Defendants' Lawyer’s application, on the ground that, the facts in the charge were not the same.
NURTW Boss Sentenced to Death by Hanging for Killing Police Officer A Lagos State High Court, has sentenced Saheed Arogundade, the Chairman of the National Union of Road Transport Workers, Boundary/Aiyetoro unit, to death by hanging for killing a police officer, Gbenga Oladipupo. Justice Akinlade convicted Arogundade, after finding him guilty of the conspiracy and murder of Oladipupo. Arogundade was charged alongside five other Defendants, on two counts of conspiracy and murder. The other Defendants are: Mustapha Layeni, Adebayo Abdullahi, Seyi Pabiekun, Sikiru Rufai, Yusuf Arogundade. The court however, discharged and acquitted the other Defendants, on the ground that the Prosecution was not able to prove its case against the other Defendants. The Prosecution said the deceased was killed on April 10, 2010 around 8am, at
the Gbara junction of the Ayetoro area of Ajegunle, Lagos. Arogundade and his cohorts were alleged to have stabbed the deceased to death, while on his way to visit his mother at Olayinka Street in the Ayetoro area of the State. The convict and his gang killed the deceased, on the ground that he was encouraging the operation of tricycles in the Aiyetoro area of Lagos, which the convict noted that, it would reduce the income of the NURTW unit. During trial, the second prosecution witness, Ismaila Lukman, who was the motorcycle rider that was conveying Oladipupo, gave a vivid account before the court. He had said, "The deceased called me to give
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Court Remands Businessmen for Producing, Selling Adulterated Engine Oil Justice Oluremi Oguntoyibo of the Federal High Court sitting in Lagos, has ordered the remand of four men charged with producing adulterated engine oil. The accused, Johnson Uche, Olaide Shittu, Kingsley Meteke and Abdulquadri Olayinka, were remanded in prison pending their arraignment. The Standards Organisation of Nigeria (SON) said the Defendants and others at large, on January 2, at 2, Esugbayi Street, NPA Quarters, Marine Bridge, Apapa, produced adulterated/ substandard engine oil, for public consumption. They allegedly claimed that the products were genuine engine oil, and sold them to unsuspecting motorists. The Prosecution said the engine oil did not comply with mandatory industrial standards, an offence that violated Section 26 of the SON Act 2015. In the second count, the Prosecution said the Defendants, on the same day and place, “did indulge in dealing in and offering for sale, adulterated/ substandard engine oil”.
SON said they claimed that the substandard product was genuine, contrary to Section 1 (18) (ii) of the Miscellaneous Offences Act of 2004. In the third count, the Defendants were accused of dealing in 128 drums and 945 litres of substandard engine oil, which they claimed to be of high quality to unsuspecting buyers. In count four, they were alleged to have “failed to comply with SON Conformity Assessment Programme”, by dealing in adulterated engine oil that did not have the requisite certification. The alleged offence, is punishable under Section 26 of the SON Act of 2015. The Defendants could not be arraigned, because their Lawyer was not in court. Prosecuting counsel, Adeleke Olofindare, from the Federal Ministry of Justice, prayed that they be remanded in prison. Justice Oguntoyibo ordered their remand, and adjourned the case to March 1, 2019, for arraignment.
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Stop Exxon Mobil’s Plan to Sack Me, GM Tells Court t "MMFHFT %JTDSJNJOBUJPO "HBJOTU /JHFSJBO 8PSLFST Akinwale Akintunde A General Manager (GM) of the P & GA Department of Mobil, also known as Exxon Mobil, Mr. Paul Arinze has asked the National Industrial Court to stop his employer from going ahead with its plan to sack him. In the suit he filed before the National Industrial Court in Lagos, the Claimant prayed the court to suspend a "Special Review" Audit by Mobil Producing Nigeria Unlimited, to probe the affairs of the Public and Government Affairs Department (P&GA) of the company, pending conclusion of a routine audit. The Claimant averred that, the “Special Review” has been the all-purpose vehicle, used by the Defendant to "flush" out Nigerians from positions of authority in the company, and have them replaced by foreigners. In his suit marked NICN/LA/659/2018, the Claimant is challenging the said audit, and calling for a review by an independent auditor. Arinze is seeking among other declaratory
reliefs, that the mode of operation of the existing Audit Team, is in breach of the rules of natural Justice and an infringement on his fundamental rights, as enshrined in the 1999 Constitution. The Claimant seeks an order, suspending the Defendant’s Special Review process, pending conclusion of the routine audit. The case, which was billed for mention yesterday, could not proceed as the Judge, Justice A. N Ubaka, did not sit. The matter was consequently, adjourned until March 4, for mention. In his statement of material facts, the Claimant avers that he filed the suit, following the irreparable harm he continues to suffer in the course of his employment, as a result of what he calls "gross violations" of the rules of natural justice by the Defendant, in the internal audit of his department. He said that, by a letter dated April 20, 2018 signed by the Defendant’s then Area Audit Manager, and copying its Managing Director, (MD), the Defendant instituted an internal audit of its Public and Government Affairs Department, headed by him.
He said that his unit duly participated in the audit, with the belief that the audit team would operate within the defined scope, and comply with international applicable standards of best practices, Labour Laws, as well as the Constitution of Nigeria. According to him, he realised sadly, that in the course of the audit, the Defendant repeatedly violated its defined scope, and failed to provide the Claimant with an impartial audit proceeding, adding that it had no consideration for resolution of potential conflicts of interest. The Claimant said that time lines were constantly violated, as the audit which was billed to begin in July 2018, actually began in May 2018, and its end date which was slated for August 2018, continued into December 2018, even after the field's exit meeting had been held in September 2018. He said this was in a bid to "nail" him, at all cost. He avers that when it became apparent that no significant infraction had been uncovered by audit to entrap him, the Defendant set up the “Special Review”, which he said
was a "grossly irregular and hostile parallel investigation". He said that the rationale for this Special Review, was not communicated to his department, and its scope was inherently unlawful, having been made to cover ten years, while an ongoing audit covered only three years. According to him, the local wing of the Petroleum and Natural Gas Senior Staff Association of Nigeria (PENGASSAN), wrote two letters to the Defendant when it noticed that the “Special Review” panel it usually sets up, was only geared at getting rid of Nigerian workers. He, therefore, seeks an order, that the existing Audit Team set up to probe the affairs of his department, be recomposed and replaced with impartial and unbiased auditors, who have no conflict of interest. He, also wants an order, for the report of the recomposed Audit Team, to be reviewed by an external and independent assessor. Besides, the Claimant is asking for the payment of aggravated damages by the Defendant, at a quantum to be determined by the court, for the stress and trauma caused him by its discrimination. The Defendant is yet to enter a defence, to the suit.
NURTW BOSS SENTENCED TO DEATH BY HANGING FOR KILLING POLICE OFFICER CONTINUED FROM PAGE 5 him a ride to his mother's house, when four men approached us and dragged the deceased down from my motorcycle. "One of them, Arogundade brought out a knife and stabbed him at the back. I ran off to go seek for help from other fellow riders, but, when I returned, the other three men were hitting the deceased with their fist. "I could see the faces of the other men clearly, because I was gazing at Arogundade who stabbed him. When I got close to the deceased, I realised he has been badly stabbed
all over his body and was bleeding severely." While delivering the judgement, the Judge held that the Prosecution was not able to prove its case against the other Defendants. She further held that, the evidence of the sixth prosecution witness, one Adewale Akinola, could not be used to convict the second to sixth Defendant. She said, "PW6 was not directly at the scene of crime, but was standing in front of his house, and the object that he described as the object used for the assault of the
deceased, was different from the description of the weapon described by the pathologist. "I hereby acquit and discharge the second to sixth Defendants, in respect of the charges." While convicting Arogundade, Justice Akinlade said that the Prosecution proved beyond reasonable doubt that, he killed the officer. "The Prosecution has proved beyond reasonable doubt that, the first Defendant killed Gbenga Oladipupo. The first Defendant did not act alone, but since PW2 did not
recognise the second to sixth Defendants, they are acquitted of the two counts. "The Prosecution has been able to prove beyond reasonable doubt, the ingredients of conspiracy and murder against the first Defendant, therefore, I pronounce that the first Defendant is guilty as charged. "I hereby sentence you, Saheed Arogundade, that you will be hanged in the neck, until you're dead. May God have mercy on your soul”, she said.
Legal Personality of the Week Chukwudi Ofili
‘Every Lawyer Must Remember that, Law is a Business’ Please, give a brief introduction of yourself My name is Chukwudi Ofili. I am currently a Senior Associate within the Corporate, Finance and Securities Practice Group of Bloomfield Law Practice. Bloomfield is a specialist commercial law firm which operates out of Lagos, Nigeria. I hold a Bachelor of Laws degree (LL.B.) with first class honours from Babcock University, Nigeria, and a Master of Laws degree (LL.M.) with concentration in Business Law and Finance from the University of Georgia School of Law, USA. I am licensed to practice law in Nigeria, and I am currently awaiting my admission to the New York State Bar, after successfully completing the qualification requirements. Before joining Bloomfield, I was an Associate within the banking and finance team, at one of Nigeria’s largest integrated commercial law firms. More recently, I was an International Lawyers for Africa (ILFA) secondee, where I worked with Trinity International LLP, a niche commercial law firm in London. There, I worked with the Finance and Projects team on a number of international transactions, with focus on power and infrastructure projects, across the African continent. I also had a brief stint at the headquarters of The Coca Cola Company, Atlanta, USA, where I worked with the legal team on cybersecurity, imports and OFAC compliance issues. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? It is generally agreed that to be successful as a Lawyer, apart from excellent legal skills and hard work, you need to have an entrepreneurial mindset and also have an ability to retain clients. As a young lawyer, it was difficult coming to terms with business development. The reality is that, most law schools and Bar admissions, do not provide any business training. This is considered outside the scope of educating students about the law. Most law firms in Nigeria do not provide business development training, and it was difficult for me to translate business development concepts that I read into action.
and it was granted. The lesson was to always show up to any occasion prepared, read all relevant documents and laws, and pay close attention to detail.
Chukwudi Ofili
For me, the first hurdle I had to overcome with respect to business development, was understanding the business side of practicing law. I needed to understand the economics of over-heads, the cost of accounts receivables, payroll expenses and a host of other business decisions. It became apparent that these skills, which I received little or no training on, are key to being successful in private practice, and making a claim to partnership in any law firm. What was your worst day as a Lawyer? During my first year as a Lawyer, I was assigned a case in court which was to come up for mention. I was to provide an update to the court, and then take a date for adjournment. However, there was a pending motion before the Judge, and the Judge insisted that I argue the motion. That was the first time I would be arguing a motion, and I was really scared as a first-year Lawyer. It felt like, the world was caving in on me. The good thing was that, I came prepared and had read the application, as well as the relevant rules of the Federal High Court. I successfully argued the motion,
What was your most memorable experience as a Lawyer? My most memorable experience so far as a Lawyer, was taking part in the highly selective ILFA 2018 Flagship Secondment Programme (IFSP), an annual international secondment programme, where Lawyers practicing in various African jurisdictions are selected and sponsored on a secondment at highly reputed international law firms and corporations in London, Dubai and Paris. It was an enriching and exciting experience that included working on international transactions, as well as training programs on business development and technical legal skills. The networking events provided an opportunity to meet some of the brightest minds in the international legal market, in diverse practice areas. The networking opportunities on a global scale, were immense, and may not be replicated on such a scale in the near future. Who has been most influential in your life? The most influential person in my life, remains my father. He taught me the virtues of resilience, hard work, perseverance, diligence, integrity and the quest for excellence. These continue to be the guiding principles by which I live by, and with which I conduct my daily affairs. Why did you become a Lawyer? In secondary school, I came to understand that the law is indeed, a tool for social engineering. My choice to read law was further predicated on the fact that, the development of any economy begins with proper legal and regulatory framework and policy. Within law, my particular interest is on issues challenging the advancement of emerging economies. As a Nigerian with limited resources, I know, first-hand, about the challenges of daily survival; as a Lawyer, I appreciate that a lot of the challenges can be
addressed with a practical legal frame work. What would be your advice to anyone wanting a career in law? My advice to aspiring Lawyers, is to understand that the legal profession is very demanding, and requires the highest level of dedication. It requires hard work, resilience, integrity and an unwavering desire to achieve excellence at all times. It is important to develop analytical skills, research skills, writing skills, interpersonal skills, and effective communication skills. In order to know whether you want to be a Lawyer, you need to understand what it is that lawyers do. It is advisable to do internships or shadow programmes in law firms, to understand the different areas of law available, and the areas of law that will most likely suit your skill set and interests. Law is generally called legal practice, because practice and experience on the job, eventually helps develop expertise in the chosen field. You cannot jettison the role the first law firm or organisation you work for plays, in providing the foundation for your career growth. It is, therefore, important that you choose carefully, and consider career growth and a strong foundation at the onset, and not just the financial benefits (although that is also important). Finally, always remember that, law is a business! If you had not become a Lawyer, what other career would you have chosen? If I had not become a lawyer, I would have studied Economics and become an Investment Banker. I also had a lofty dream of being a Footballer. Where do you see yourself in ten years? I see myself being one of the renowned specialists, on a global scale, in finance transactions and projects, cutting across local and foreign currency loan syndications; project finance; trade finance, public private partnerships; restructurings; and derivative transactions. I see myself becoming a consummate dealmaker, and a mastermind legal entrepreneur.
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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D
SMS only to 08098898888
The Unconstitutionality of Impeaching Governor Ambode for Spending Part of the 2019 Unapproved Budget
E Introduction
very now and again, there is an eruption in the Nigerian political landscape, which is rigged with landmines at every turn. Mr Akinwunmi Ambode, the Governor of Lagos State, a beleaguered politician, is faced with the difficult task of navigating the shark- infested political terrain, while governing Lagos, a State which is unarguably the commercial hub and nerve centre of Nigeria. This job is not without its difficulties – including being at loggerheads with one’s “god fathers’, and another arm of the State Government, the Legislature. But, the issues confronting Ambode, are more political than legal. Before 2014, I did not hear the name Ambode. Before 2018, I never heard of a person called Sanwo-Olu. Both of them were literally anonymous. They both hit lime light with the prodding of the Emperor and Landlord of Lagos, Jagaban Bola Ahmed Tinubu. Mark you, Tinubu is not Awo. Awo was intensely loved and respected, for his intellectual depth and Oduduwaism (love for the Yoruba nation, and by extension, Nigeria). Tinubu is feared and dreaded. Awo attracted. Tinubu commends. Awo was a leader. Tinubu is a ruler. These are irreconcilable differences. So, when Ambode attempted to be his own man by challenging Tinubu’s political might, he was kicked by the ass and reminded that, only a fool breaks the coconut with his head; that it is only the lunatic that wrestles with his chi (god). He prostrated, genuflected, begged, squirmed and massaged the big ego of “oga at the top”.“Get out of the Governorship race”, he was ordered, not advised. Former Governor of Cross River State, Clement Ebri, learnt one or two lessons about power play. He had insisted that, there was no election that could have ousted Ambode from the race. By the time the witches and wizards finished their meeting at the sacred coven, he literary ate his words. He even did the unthinkable. He reversed himself, and personally announced Sanwo-Olu as the APC governorship candidate. So, Ambode was indecently consigned to the vehicle of historical oblivion. But, they were not done with him. Everyone believed the impeachment threat was a smoke screen, to arm-twist Governor Ambode to part with humongous funds to fund the APC elections. He or his acolytes, squealed as much. He was ready to fight this time, seeing public support clearly in his favour. But, the Constitution allows the Governor to spend even before the passage of a budget. The House of Assembly knows this very well, not so? The Budget Impasse At the plenary on Monday January 28, 36 members of the Lagos State House of Assembly gave Governor Akinwunmi Ambode one week to appear before the House to address concerns over alleged infractions in respect of 2018 budget, as well as the 2019 Appropriation Bill, which was yet to be approved. Citing the Constitution, the lawmakers alleged that the Governor who was yet to lay the budget before the House for consideration, was already spending State funds. The lawmakers also alleged that, the 2018 budget did not perform above 50 percent. The Governor was therefore, accused of “gross misconduct” which forms the ground for his threatened impeachment under Section 188 (11) of the 1999 Constitution. The Constitution does not help matters, for it defined “gross misconduct” as “a grave violation or breach of the provisions of this Constitution or a misconduct of such nature as amounts in the opinion of the House of Assembly, to gross misconduct”. Does this provision make impeachment subjective, whimsical and capricious, and at the behest of the House of Assembly? No. Courts of law, up to the Supreme Court, have held that Sections 188(1) – (11)
“MARK YOU, TINUBU IS NOT AWO. AWO WAS INTENSELY LOVED AND RESPECTED, FOR HIS INTELLECTUAL DEPTH AND ODUDUWAISM (LOVE FOR THE YORUBA NATION, AND BY EXTENSION, NIGERIA). TINUBU IS FEARED AND DREADED. AWO ATTRACTED. TINUBU COMMENDS. AWO WAS A LEADER. TINUBU IS A RULER”
J.C.A. (Pp.37-38, paras.G-G)”. Worried Nigerians, Lagosians and several Civil Society groups had kicked. They included CD, UAD, OPC, Ajegunle Collectives, Centre for Public Accountability, Yourba Revolutionary Assembly, etc. They traced the impeachment saga to the single authorship, to Bola Tinubu. They mobilised for a showdown.
Lagos State Governor, Akinwunmi Ambode
of the Constitution that deal with impeachment, must be read together. This means that the ouster clause in Section 188(10) will be jettisoned, if the other sections have not been fully complied with. Thus, for example, what constitutes “gross misconduct” on the part of a Governor, though subjective in the eyes of the House of Assembly, are subject to limiting guidelines, to ensure that a House of Assembly does not run amok and lynch a Governor, as the Lagos House had intended to do. Thus, in his concurring judgement, Kutigi J.S.C. (as he then was), held, in INAKOJU v ADELEKE (2007) 4 NWLR (part 1025) 423 at page 653, thus: "It must first of all be understood that, the entire Section 188 subsection 1-11, must be read together. And a proper reading of the whole section will reveal that, the ouster clause in subsection (10) can only be properly resorted to and invoked, after due compliance with subsections (1)-(9) that preceded it (see for example ATT-GENERAL OF BENDEL STATE v ATT-GENERAL OF THE FEDERATION (1981) ALL NLR 86; (1982) 3 NCLRI; JIMOH v OLAWOYE (2003) 10 NWLR (pt. 828) 307; OKOYA v SANTILLI (1990) 2 NWLR (pt 131) 172). Subsection (11) makes it abundantly clear that, it is the House of Assembly that decides whether or not a conduct is gross misconduct, to warrant the removal of a Governor or Deputy Governor. This must, in my view, depend on the particular facts and circumstances of each particular case. Failure to comply with any of the provisions of subsections 1-9 will mean that the ouster clause of subsection (10) cannot be invoked in favour of the House of Assembly" Per AKA’AHS, J.C.A.(Pp. 18-22, paras. G-D). This case shows that the Lagos State House of Assembly, never had any blanket cheque to remove Ambode as they wished. Indeed, the courts have made it clear that, the test of what constitutes “gross misconduct” is objective, and not subjective. Thus, in OKUNGBOWA & ORS v GOVERNOR OF EDO STATE & ORS (2014) LPELR-22135(CA), the Court of Appeal held that: “The determination by the House of Assembly of whether an act amounts to misconduct, should be objective and not be subjective, because the legislature is bound by the provisions of the Constitution. In Inakoju v Adeleke (2007) 4 NWLR pt. 1025 pg. 423 at 586-587, the Supreme Court at page 670 held as follows: "As mentioned above, whether 'gross misconduct' is sufficient to warrant the removal of the Governor, is apparently a political question and what is tantamount to it, is within the discretion of the legislature. In their legislative functions, including deciding whether a conduct amounts to an impeachable offence, the legislature is bound by the other provisions of the Constitution. In my view, the legislature must act in a responsible and civilised manner, whenever it considers whether a conduct amounts to 'gross misconduct'. The offending conduct must be, in my view, at least a breach of code of conduct contained in the Constitution. It is not every conduct that the legislature deems impeachable, that is impeachable; the Courts have the jurisdiction to examine whether a conduct amounts to gross misconduct, or there is indeed, a breach of the Constitution." Per OGUNWUMIJU,
The Law on Appropriation Section 121 of the 1999 Constitution obligates Governor Ambode and other Governors, to prepare and lay before the House before the commencement of the financial year, estimates of the revenues and expenditure of the State, for the following year. These are to be included in what is called an “Appropriation Bill”, to enable funds to be appropriated for projects and general running of government. However, Ambode (like any other Governor) needed urgent money to run the State, lest governance would grind to a halt. So, he used money from the State treasury, before the new budget had been discussed and passed. This was his “crime”. Could he have done this? Yes. A look at Section 122 of the Constitution, will show that Governor Ambode did no wrong. He is permitted to use funds from the State treasury, before a new budget is passed. It provides: “If the Appropriation Bill in respect of any financial year has not been passed into Law by the beginning of the financial year, the Governor may authorise the withdrawal of moneys from the Consolidated Revenue Fund of the State for the purpose of meeting expenditure necessary to carry on the service of the government for a period not exceeding six months or until the coming into operation of the Law, whichever is the earlier.” It is clear as crystal from the above provisions, that the Governor committed no offence, by spending out of the unapproved budget. This was necessary for the running of the government; otherwise, it would be grounded. After all, governance should not be held to ransom, on account of unapproved budget. The Constitution makers had envisaged this type of critical scenario, and thus, made adequate provisions. The only condition is that, the Governor must not spend beyond a proportionate sum spent over the same period of the preceding year. It is all so simple. While the law itself may be so clear, politics is not. And the two mix like oil and water, as Governor Ambode’s travails have since shown. The threat to impeach Governor Ambode, was altogether an empty one. The procedure stipulated by Section 188, could never possibly have been fulfilled within such a short period of time. Even if the impeachment process were to be fast-tracked with superhuman speed, the outcome would still have been overtaken by the upcoming elections. Even then, APC would have been the worse for it. It would have amounted to, cutting your nose to spite your face. It was a step too audacious, too vengeful, and too self-immolatory. It amounted to internal schism, and implosion waiting to happen. The Peace Summit Thus a “peace summit” aimed at “resolving” the row between the two arms of the Lagos State Government, was held on February 3, 2019 – a day before the House of Assembly was to reconvene its sitting, to commence Ambode’s impeachment. The summit resolved the impasse which had been merely simulated to completely downgrade “Ambode” from “somebody” to “nobody”. It was good that the Lagos State House of Assembly, dropped the idea of impeaching Ambode altogether. If the members had persisted, they would have lost woefully before the courts, on Ambode’s instigation of a suit. The above decided cases are in his favour. The End? Whether this is the end of the persecution of a embattled Governor, is yet to be seen. What is known, however, is that any stubborn stand-off between two Lagos arms of government, will only punish Lagosians. As the saying goes, when two elephants fight, the grass suffers. Can Ambode serve his term out, up to May 29? Will he be given a decent exit? Only time will tell. THOUGHT FOR THE WEEK “Impeachment must not be a raw exercise of political power, in which the House impeaches whoever it wishes, for any reason it deems sufficient. Indeed, it is the solemn duty of all of the members of the House in any impeachment case, to exercise their judgement faithfully, within the confines established by our Constitution” (Charles T. Canady).
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C R O S S F I R E ! G20 SANS: Can they Clean the Judicial Augean Stable? The Onnoghen saga, will undoubtedly occupy the front burner of national discourse for the foreseeable future, and it will only amount to self delusion for anyone concerned, to assume that the narrative will end without major consequences, positively or negatively. Recently, a group of 20 Senior Advocates of Nigeria, came together with a self-avowed intention, to urgently reform the Nigerian Judiciary. How do they intend to achieve this? What are their intentions? Why are there just 20 SANs, out of the over 400 SANs in Nigeria? Some critics perceive the group as being sectional, as majority of them are from a particular section of the country. Two of the members of the G20 SANs, Osaro Eghobamien, SAN and Femi Atoyebi, SAN, in their write-ups, clear the air on the ideals of the group. However, Anthony Atata, Ogaga Emoghwanre, Edo Ukpong and former NBA President, Augustine Alegeh, SAN hold somewhat contrary opinions.
G20 SANs: ‘We are Concerned about the State of the Judiciary’ Osaro Eghobamien, SAN
T Background
he circumstances that gave rise to what is now being loosely referred to as the ‘20 Concerned Lawyers’ Collective, can be traced to the unfortunate incident surrounding the suspension of the Chief Justice of Nigeria, and the swearing in of the Acting Chief Justice, in the person of Justice Ibrahim Tanko Muhammed. Whilst the incident was indeed, a catalyst for the release of the statement by the 20 Concerned Lawyers, the contents of the statement, highlighting the need for extensive reforms in our justice system, were long overdue for an audience. I have personally had my deep frustrations with the systemic failure of the justice system, for quite a while. It seems our justice institutions have lost all sense of accountability and responsiveness, to those they are meant serve. These frustrations led me most recently to conceive the #RunForJustice Project; a 42 kilometre marathon race, which I undertook on February 2, 2019, to raise awareness towards reform of the administration of the Nigerian justice system. The marathon was simply the latest in a series of private interventions, to attempt to galvanise support for a very public malaise. I have been driven in my exertions, to do something about the faltering justice system, by a sentiment best summed up in a quote by the former American President Theodore Roosevelt: “It is not the critic who counts; not the man who points out how the strong man stumbles, or where the doer of deeds could have done them better. The credit belongs to the man who is actually in the arena, whose face is marred by dust and sweat and blood; who strives valiantly; who errs, who comes short again and again, because there is no effort without error and shortcoming; but who does actually strive to do the deeds; who knows great enthusiasms, the great devotions; who spends himself in a worthy cause; who at the
best, knows in the end the triumph of high achievement, and who at the worst, if he fails, at least fails while daring greatly, so that his place shall never be with those cold and timid souls, who neither know victory nor defeat”. The compounded events leading up to what could easily and cynically be referred to as the desecration of the Constitution by both the head of the Judiciary and the Executive, remain the subject of discussion everywhere, from the beer parlours to the most exalted corridors. What would otherwise be regarded as contemptuous comments about the integrity of the judicial branch, are now being casually thrown in the faces of Judges (including, unfortunately, Judges who exhibit the highest standard) without any consequence. The general perception is that, the head of the 3rd arm of Government, bent the Constitution in alleged misconduct, allowing him to amass a level of wealth that smacks of corruption, for a public servant of his office. In the face of allegations of money laundering levelled against the foremost judicial officer in the country, there was a resort to all manoeuvres of avoidance, including forum shopping, to prevent self-investigation. As if that were not enough, the executive response was to further tear down an already dangerously tottering system, by adopting what appears to be a jungle style approach to removing the alleged erring Chief Justice, thus, completely undermining the complicated procedure for suspension or removal, and casting doubt on our future as a State governed by the rule of law. In the face of these abhorrent and flagrant displays of abuse of power, I expect there will be many more statements released by many more concerned citizens, calling for urgent action. I must hasten to add, that the failure of the Chief Justice to voluntarily resign his position, from inception, reinforces the strong perception that this jurisdiction is increasingly being seen as inferior to many others, in the civilised world. But, back to the ‘20 Concerned Lawyers’ and the origins of the personal and collective dissatisfaction, that provided impetus for the initiative. I am a firm believer that, the legal profession is a gate-keeper of modern civil society.
‘No,Your Reform Agenda is Bad for the Bar’ - Anthony Atata Anthony Atata
Cause for Concern The group lacks diversity, as most of them come from a particular region of the country, it is made up of mostly those who supported candidates that did not win in the last election of the Nigerian Bar Association, and more worrisome, they are mostly Senior Lawyers who are close to Vice President Yemi Osinbajo, who has never criticised the excesses of the present Federal Government of Nigeria. The concerns are no doubt germane, and may cast doubt on their true intentions and motives. No matter their intentions, they have listed areas of reform, in both the legal profession and the Judiciary. I agree with them that, those areas need reforms; real reforms, devoid of a self- serving agenda. Another cause of worry about these reformists, is that many of them have been directly and indirectly involved in the affairs of the Bar, even at the time things started deteriorating many years ago.
abetted the admission of unqualified students, into Law Faculties. The urgent need arose when Senior Lawyers enjoyed harmful privileges in Justice Ajumogobia’s court, where she came in and took the cases of Senior Lawyers, and adjourned the cases of young Lawyers for no good reason, and the seniors saw nothing wrong in it. The urgent need started, when some Senior Advocates sit alone in the front seat of the court, while many Lawyers stand up without a place to sit down. The urgent need arose, when the disciplinary committee started punishing young Lawyers for spending incorporation fees from their clients, but would give senior Lawyers a safe landing in the same committee, even when the Supreme Court and Court of Appeal warned them about frivolous suits. The urgent need arose, when Senior Advocates of Nigeria, suo moto, tagged themselves leaders of the Bar, yet have shown no real leadership. The urgent need arose when the DSS invaded the houses of Judges, and told the world that they had recovered thousands of Dollars and Euros in their houses, and Lawyers supported that those Judges should recuse themselves, before they were found either guilty or innocent, and so on. This group has declared their intentions to work with stakeholders, including the Nigerian Bar Association. That is great news, if some of them who still harbour animosity for the present leadership of the Bar, will not allow it becloud their sense of reasoning.
The Need Arose According to this group, there is an urgent need for action. I agree and wish to add that, the urgency of the need arose more than fifteen years ago, when Senior Lawyers went to bed with politicians, and stripped themselves beyond the customary standard of decency. Now, they have given birth to what is plaguing everyone now. The need arose, when Tunji Gomez floated his Movement for the abolition of the rank of Senior Advocate of Nigeria, and other judicial reforms. The urgent need arose, when Lawyers started turning legal submissions upside down, to suit their political or tribal leanings. The urgent need arose, when Senior Lawyers aided and
The NBA The NBA needs the support of all Lawyers, especially at this time it is going through unprecedented bullying, and is putting up an unprecedented resistance that has not been seen, in decades. The events of the past few months, show that the legal community has become vulnerable, as a result of unreasonable animosity among Lawyers. Two months ago, the President of the NBA was arraigned by the Economic and Financial Crimes Commission, for what they called breach of trust. They expected him to enquire from his client the source of his money, before receiving his
T
wenty Senior Advocates of Nigeria, have put themselves out as reformists. That is good news, to a sad situation that has plagued the Bar for many years. However, their emergence is tainted by some form of apprehension among some Lawyers.
President Muhammadu Buhari congratulating Hon. Justice lbrahim Tanko Muhammad, shortly after taking the Oath of Office at the Council Chamber of the Presidential Villa , Abuja
Therefore, in the absence of effective self-regulating mechanisms of the profession that deals with misconduct amongst its ranks, be it amongst Lawyers or Judges, there will eventually be incursions by third parties, who will seek to enforce the discipline upon us. This appears to be the role the Executive has taken upon itself, as the recent events have unfolded. Every student of jurisprudence knows that, it is a dangerous precedent for the Executive branch to purport to unmask the head of the Judiciary, and treat the holder of such a constitutionally exalted office like a common criminal. Round the world, such violations of the principle of checks and balances, have triggered the gradual breakdown of democracy and set the stage for ensuing chaos. Irrespective of the gravity of the offence alleged, there are indeed, constitutional protections that apply to the office of the Chief Justice, which must
be respected. The Executive branch, however, argues that the Chief Justice, having effectively blocked all constitutional means of self-investigation, left it without a choice, and indeed, a duty to maintain order ( Unfortunately, this argument cannot be dismissed with the wave of the hand). This is symptomatic of a more fundamental issue that does not necessarily lie with the Executive branch. The institutions of the Bar and Bench seem to have abdicated the ethos
“THE RECENT EVENTS INVOLVING THE CHIEF JUSTICE OF NIGERIA MAY HAVE PROMPTED US TO SPEAK OUT, BUT THE ISSUES WE STAND FOR, GO FAR BEYOND THE CURRENT DEBACLE BETWEEN THE EXECUTIVE AND THE JUDICIARY”
and conventions of the profession, and now the chickens are coming home to roost. Decline in Standards Over the course of time, I have witnessed serious decline in the standards at the Bar. This is more so in certain sectors of practice, which have over the years, proven more susceptible to systemic corruption, maladministration, and infrastructural decay. Among these, the ‘commercial Bar’ (banking and remedial/receivership matters), the ‘political Bar’ and the ‘commercial/ ADR Bar’, rank among the highest. The criminal Bar, stands on its own bizarre pedestal. Even where justice might be said to have been done in cases that fall under one of these heads, there is often a disturbing dimension to the method by which we obtain justice. My incursion into the political Bar, CONTINUED ON PAGE 10
“THE GROUP LACKS DIVERSITY, AS MOST OF THEM COME FROM A PARTICULAR REGION OF THE COUNTRY....THE G20 NEEDS TO DO MORE, TO BUILD CONFIDENCE AMONG LAWYERS, THAT THEY MEAN WELL”
professional fees for work already done. The Governor of Akwa Ibom State who was supposed to be the first accused, was never arraigned (he has immunity). The Commissioners who resume at their duty post everyday, were said to be at large. Paul Usoro whose first shot against the Federal Government, was his statement condemning the Nigerian President’s position on rule of law, perhaps, knew what will follow. If this suit succeeds, what it means is that, a burden will be placed on Lawyers requiring from their clients the source of their wealth before receiving any payment. This will turn Lawyers into quasi-law enforcement agents, who will receive no payment for the job. In spite of the consequences the success of this trial will bring to Lawyers in general, some Lawyers, some of whom are members of the G20 SANs, have argued that the issue was a personal problem of the NBA President. That is sad. The CJN In another development, the Chief Justice of Nigeria, was suspended in a cow boy manner. He failed to declare some of his assets, and the law governing asset declaration gives him the right to admit and regularise. He admitted, but, was never given the chance to regularise. While his matter was being considered at the Tribunal, he was removed by the President of Nigeria, relying on an irregular motion exparte. A new Chief Justice CONTINUED ON PAGE 10
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G20 SANS: ‘WE ARE CONCERNED ABOUT THE STATE OF THE JUDICIARY’ CONTINUED FROM PAGE 9 is revealing. Instructions were issued, on terms that were clearly against the oath we took as practicing Lawyers. Beyond such instructions, I observed that it became fashionable to retain Lawyers in such cases, not for their different areas of expertise, but simply to say that there was a representation from all parts of the country. At the State level, geographical spread within and outside the State, was also often a prerequisite. For those who had a deep pocket, retired Justices acted as Consultants. I had always assumed, justice was blind. It seemed to me that, it was not the material put before the Judge that always determined the case. This is a dangerous trend, in a profession that should ordinarily be governed purely by merit. There are echoes of this sentiment, in those quick to raise questions about the ethnic constitution of the 20 Concerned Lawyers. I find such propositions, somewhat absurd. When I go the hospital, I select the doctor with the skills I need to cure my ailment, and not necessarily the man from my village or that speaks the same language as me. It suffices to say that, I did not last long at the political Bar, after those sobering experiences. I was determined to only do political cases for close friends, and turn instead to the commercial Bar, where I was sure I would find a haven. However, things did not take the desired turn at the commercial Bar either. I observed that in those matters, a different set of rules were at play. A certain level of aggression and a cavalier approach to the rules, was required to be considered as ‘effective’ by your client. Professed experts in these areas, were not always those with the most superior command of legal principles, but those who had developed a penchant for playing fast and loose with the rule of law. The result – for big ticket clients and transactions, there were only a few household names, that could be trusted in the legal community to get results, and quickly in these areas. At best, in a sensitive case, a client would recruit two sets of lawyers. One to argue the case in accordance with the law, while the other would support the case in other more colourful ways. I never faulted the litigants – who had neither the desire, nor the patience for engaging with a system which has abdicated its statutory role and has no regard for their legitimate grievances. The victims became not only the adversaries to those litigants with deep pockets, but ultimately the prestige of the profession and the security of society itself. Many hard working and brilliant Lawyers, finding themselves at a disadvantage, were soon forced to quit this area of practice as well. Despite the semblance of some higher – near international – standard in arbitration, it was more of the same, even in this area of practice. At the close of the well-organised and insulated arbitration proceedings, often came
Justices of the Supreme Court
the necessity to either apply to court to enforce the award, or defend a proceeding for enforcement of the award. Either way, there was no escaping the contact with the justice administration system. I therefore, decided that if I would stay in practice, I would not just complain, but complain and then work to change the system. The NBA In taking sides, the NBA seems to have rushed to defend ‘one of its own’, without as much as contextualising the issues. Indeed, the NBA called Lawyers out in a solidarity march, to save the institution of the administration of justice. But, marches to save our justice institutions that have long before now been tilting on the verge of collapse, are sadly, long overdue. The rationale behind the NBA’s action, remain deeply suspect. The Body of Senior Advocates of Nigeria (BOSAN) issued a balanced statement, effectively calling on all sides to respect the rule of law and maintain the sanctity of the institutions. Both institutions owed a debt to the public, to react. The public had been expectant. It will remain a matter of debate, whether these expectations were met. While much of the public discussions to date have focused on the seeming disintegration of relations between the Executive and Judiciary, following the statement released by the 20 Concerned Lawyers, other new and provocative questions have also arisen. A few have been curious as to why a group of 20 Lawyers from within the ranks of BOSAN, felt the need to issue a statement that was removed from the larger group. The answer is simple. With all the high emotion associated with the conflict; the possible political undertones that may have driven the
actions of the Executive in the first place - elections being just around the corner, one thing was becoming increasingly lost in all the discussions, hidden in plain sight. The absence of a moral compass, as well as a policy thrust. All these events were clear and present evidence, that the state of our union as a people in Nigeria, has hit rock bottom Concerned Lawyers felt a need to arrest the more fundamental decay of matters, that it perceived are within its immediate purview. Neither I, nor the group of 20 Concerned Lawyers, are particularly unique in our concern for the justice system. Our grouping has perhaps been a function of providence more than anything else. Though statements were being released from the usual quarters, there did not appear to be any policy thrust or concerted national agenda or drive, to reverse this systemic failure of the justice system. The recent events involving the Chief Justice of Nigeria, may have prompted us to speak out, but the issues we stand for, go far beyond the current debacle between the Executive and the Judiciary. Mission of the 20 Concerned Lawyers In response to some of the misconceptions making the rounds with regard to the identity, motivation and mission of the 20 Concerned Lawyers, please allow me to set the record straight. As members and presumed leaders in the legal profession, we owe a duty to all practitioners, to ensure the sustainability of our profession. As things stand, the public’s trust in the justice service delivery system, is all but completely eroded. Judges are regarded with disdain, and Lawyers
‘NO, YOUR REFORM AGENDA IS BAD FOR THE BAR’ - ANTHONY ATATA CONTINUED FROM PAGE 9 was sworn in, under controversial circumstances. Nigeria’s President, in justifying his actions, said that some monies were found in the CJN’s account. The NBA called for a boycott, which was though substantially complied with, but had some Lawyers arguing that, the NBA was supporting corruption. They stood on a bogus moral high ground, to defend their positions against the NBA directives. Some of the members of the G20 were among. The NBA President had made it clear, on why Lawyers should oppose the removal of the CJN. The directive was not just about the CJN Walter Onnoghen, but a resistance to unlawful procedure. Removing Onnoghen, amounted to punishing him before putting him through the
complete process of trial, as required by the cardinal principle of justice, that a man is presumed innocent until proven guilty. The NBA has also said that, even if suspicious monies were found in the CJN’s account, it was not the duty of the Executive to enforce action. An accused person, even if he was caught red handed committing murder, must be given his day in court. That is the position of the NBA and indeed, the position under our laws, yet these Lawyers came out with self- serving, politically tainted, and tribally charged arguments to support their positions. Like I said, some of them are members of this reformist G20 group. The NBA has never said that a guilty person should not be tried, but
he or she should be tried in accordance with the laws of the land. Confidence Building The G20 needs to do more, to build confidence among Lawyers, that they mean well. They also need to convince a lot of weary Lawyers, that they are not pursuing any animosity, or protecting any political ally. In the past 20 years, many groups with reforms in mind have come and gone, without achieving anything. Most of them did not survive, because they were built on parochial ideals. We just hope that, the G20 will not be found in the trash can of legal history, sooner than later. Anthony Atata, Chairman, African Forum of the International Bar Association
are fast becoming the laughingstock or an endangered species. This perception can only be changed, through reform. In coming together as a group, there is a strong desire to work with existing institutions, but at the same time, circumvent bureaucratic inhibitions plaguing many of these traditional institutions. The proposed reforms are not directed at the Bench, nor the Bar alone. There is obviously a limit, to what a group like this can do. However, by providing a policy trust and a moral compass within the Bar and the Bench, there is very likely to be an infectious penetration to other equally relevant facets of the process - Lawyers, Judges, Judiciary staff, and State agents (such as the Police, state prosecutors, etc.). We are not against the NBA, nor its leadership. The defects we seek to remedy, did not start with the current leadership at the Bar, nor at the Bench. Our ultimate aim, is to address the plethora of structural defects that have allowed us to get to the situation we are in today. Anyone who denies the urgency and necessity for reform, is being dishonest at best. Whilst we are eager to work with the Bar Association, we cannot wait on the Bar to bring about the much-needed change; not when it is yet to recognise or admit that, there is a defect that needs to be cured. All the signatories to the reform, have dedicated their time and resources towards uplifting not just the Bar Association, but the entire legal profession. The cost and sacrifice to the collective, is an indication of just how much we believe in the need for change. There is no personal gain to be made in this venture, and we will be inviting others to swell our ranks and join us in this fight, in due course. I personally believe that there is no requirement to be a SAN, before a Lawyer can exert influence and play a leadership role at the highest levels of the profession. Our younger colleagues, are the future of our profession. We not only hope they join us in bringing about reform; we need their support to ensure that, any reform we bring is a lasting one. Just like with the marathon, my focus, gaze and determination was on the finish line, so also is collective hope and burning desire of Nigerians to see a transparent and independent judiciary. The Journey being a marathon, all assistance (including that from the Concerned Lawyers), is required to assist. I must not end this piece, without giving credit to a number of extremely hard working and upright Judges who continue to deliver quality judgements, notwithstanding dilatating infrastructure. Osaro Eghobamien SAN, Managing Partner, Perchstones and Greys
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G20 SANs: ‘Our Mission is Justice Reform’ - Femi Atoyebi, SAN
Senior Advocates of Nigeria
Femi Atoyebi, SAN
I
t is incontestable that, Nigeria’s justice delivery system is unfit for purpose. This has been copiously admitted by Judges, Lawyers, and more importantly, this is the overwhelming impression of users and the general public. The purpose of this system, is to decide disputes promptly, efficiently and effectively. This is so that, conflict will not impede social, political and economic progress. To achieve this, we deploy and empower a privileged class called Judges, and a special group called the legal profession. These empowered groups operate in a public space with public resources, and must be compelled to demonstrate diligence and responsible behaviour, for the public good. The Reality What we find across the nation, is much to the contrary. Antiquated rules and interminable procedures, wielded in the hands of incompetent or irresponsible professionals, who are permitted by indulgent or complicit Judges, to waste a public resource, deny justice on the merits, and impede the development of law. The public opprobrium that ensues, is only made worse by the awful physical conditions, inconducive environment with decrepit infrastructure and obsolete equipment, under which Judges are trapped into working. The personal conditions of some of our Judges and Justices, are humiliating and demoralising. In time past, the Nigerian Judiciary paraded the brightest and the best, in competence and character. But, in recent times, the different levels of courts are afflicted with mediocrity and even incompetence, because the poor conditions, as well as an opaque system of recruitment and selection, cannot produce the Judges who are suited for their critical office. The resulting product, is one that cannot inspire any public confidence. The widespread disillusionment of Nigerians with the dispensation of justice in our courts, is aggravated by the slow pace of adjudication, unethical practices by Lawyers, and
impropriety of some judicial officers. The loss of confidence in our justice mechanism, is heightened by the perception that our courts have become a market place where judgements and orders of court, are offered as merchandise by Judges. These circumstances, render the administration of justice in Nigeria, unfit for purpose, and this failure, is a clear and present threat to our Government and our nation. This situation is damaging to our economic development, and to social stability. Neither Nigerians nor foreigners have confidence to invest in an environment where private investment cannot be safeguarded by the rule of law, and they choose in their numbers, to invest in smaller economies in our region. As the world moves on in an Industrial revolution, our innovators move overseas where their ideas can prosper, and their inventions can be safeguarded. No responsible investor, will choose to be locked in a legal dispute for decades under the real prospect that it is impossible to predict a consistent legal outcome, even on identical facts and circumstances. We are confronted with the painful reality of a
“THE GROUP OF 20 SENIOR ADVOCATES OF NIGERIA, WHO FIRST ORGANISED UNDER THE AEGIS OF ‘THE JUSTICE REFORM PROJECT’ , DO NOT HAVE ALL THE ANSWERS”
failed justice system, which is dramatised by the present crisis in the office of the Chief Justice of Nigeria (CJN). It is a reality that will inevitably spell doom for all of us, if nothing is done to redress the ugly situation urgently. The G20: Our Mission The group of 20 Senior Advocates of Nigeria, who first organised under the aegis of ‘The Justice Reform Project’, do not have all the answers. However, they are a group of customary leaders of the law, who acknowledge that their success imports certain duties and responsibilities, and the obligation to model behaviour which is exemplary, and which is in the paramount public interest. We think that, we have experience. Skill, insight and resources, which should be put to the service of the public good, and we will employ these to analysis, ideas and proposals to transform the culture, values, ethics and quality of justice delivery in Nigeria, by taking critical measures to tackle the following debilitating factors: - Insufficient funding for judicial personnel and judicial infrastructure. - Systems of appointments, promotion and privileges of the Bench and the Bar that are opaque, and not based on merit and values. - Failure to incorporate modern principles and system of management, into the administration of the courts. - An entrenched culture of corruption, involving court officials, Lawyers and Judges. -An outmoded system of legal education and continuing professional education for Lawyers and Judges. We consider it imperative to emphasise that, we have embarked on our mission with a clear understanding that, consultation and collaboration with all stakeholders in the justice delivery system, is indispensable. Happily, eminent and credible members of the Inner Bar and other respected Lawyers, have signified total support for the Justice Reform Project (JRP). It is indubitable that, JRP is a herculean task, and that we all are prepared for the long haul. Femi Atoyebi, SAN, Member, G20 SANs
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12.02.2019
‘No,Your Motives are Questionable!’ - Ogaga Emoghwanre Ogaga Emoghwanre
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hat are the intentions of the learned silks who orchestrated this reform? If it is not self seeking, why are they not collaborating with the leadership of the NBA for a better or the said reform? It is crystally pellucid, with due respect to the undersigned learned silks, the dispositions, allegiances and positions of most of the SANs who signed this 'reform', shows that they are not in support of the present leadership of the NBA. This is more of a tussle against a constituted authority, the NBA, than a reform. My opinion. Questions for G20 These questions are directed to the silks, who signed this 'reform': 1. Wouldn't it have been better for the silks to liaise with the NBA, for a better reform? 2. Majority of the silks who signed the said reform move, did not support the present leadership of the NBA, and they have on several occasions, displayed their disgust and hate for the PU administration. Is the said reform not
geared towards antagonising the NBA, for personal aggrandisement? 3. Are these silks showing a good example to young Lawyers, in obedience to constituted authority as enshrined in the NBA bye laws? 4. Do these silks have the backing of the Body of Senior Advocates of Nigeria? 5. Under whose authority are they operating to bring about the desired reform to our justice sector system, without the backing of the NBA? 6. Will this action by the silks, not amount to 'treason' against your Association? 7. If most of the silks who signed, had their preferred candidate at the helm of NBA affairs, would they have signed this reform? or collaborate with their candidate to build a better Association? 8. Why is there more rancour, envy, bitterness and jealousy in the Inner Bar, than we have at the outer Bar? 9. Did the undersigned truly represent unity and one Nigeria in their composition? 10.Can the undersigned learned Silks in their translucent moments, state that this present administration of the NBA hasn't been doing well in piloting our affairs? 11.Are Lawyers from the outer Bar not knowledgeable enough to drive the said reform? Why only learned silks? Another point to note to the reform proponents, is the fact that: the NBA has a standing Judicial Reform Committee last chaired by Olisa
Agbokoba, SAN, Regulation of Legal Profession Committee chaired by Tony Idigbe, SAN. Well meaning advocates of reforms, should key into the programmes of those committees. How good and how pleasant it would be, before God and man, to see the unification of all Nigerian Lawyers, most especially the learned silks. Our strength should be, in our diversity and struggle, laced with our bond of being learned, and our camaraderie. We need to shun hatred, backbiting, and the pull him down syndrome. If he is down *"na wetin you gain"*? .The success, prestige, good image, and potency of the NBA, should be the pursuit of every member thereof. Even if I do not like the face of the NBA President, I am bound to cooperate with him, criticise him constructively, and not go against the decisions of NEC, for the rest of his tenure. By that, I am not doing him a favour, but myself. For the glory of the Association, is the glory of the individuals who make up the Association. I find strong wisdom, in the words of A. B. Mahmoud, SAN, OON - "We must not allow anything, to distort our unity as an institution. We must come out strong and united, let us be cautious not to divide ourselves”. If our learned silks are sincere, without any bias or ill motive, they should join hands and forces together with this present administration of the NBA, for a better reform of our Association
CCT Chairman, Danladi Umar
“WILL THIS ACTION BY THE SILKS, NOT AMOUNT TO 'TREASON' AGAINST YOUR ASSOCIATION?” and the Judiciary. Kindness is the language, the blind can see. Ogaga Emoghwanre, Legal Practitioner, Lagos
G20 SANs: ‘You Have No Solutions to Offer’ - Edo Ukpong Edo Ukpong
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owadays the battle to control the messaging space has produced a subconscious antenna in most readers, to look at the by-line first to foretell the message or the motivation. Therefore, since the by-line to this piece will most likely not offer many clues or at best, be misleading, let me be helpful upfront. I am a commercial law practitioner, who has been exclusively engaged in legal practice since my admission to the Nigerian Bar in 1985. My agenda, is the survival of the relevance of the legal profession in Nigeria. Admittedly, the ‘CJN Saga’ has prompted this intervention. The attendant divisive reactions and commentary on the saga, has seriously polarised the country. Lawyers have joined the fray on the different divides, but I do not get a sense that there is the awareness that it is our profession and its relevance in our society, that is on trial. Every collection of human beings, who by the exigencies of geography find themselves interacting with one another, will need structures to superintend their relationships inter se. These will involve duties and responsibilities to themselves, and to the society as a collective. This arrangement, which is necessary for harmonious and orderly coexistence in any society, is what is termed as governance. Over time, principles and policies have developed to guide governance, and whilst no uniformity exists, some of these principles and policies have gained universal recognition, as forming the bedrock of meaningful governance. Lawyers play a key role in formulating and applying these principles, and are accorded due recognition as being indispensable to the governance process. A fundamental principle of meaningful
“THE INTERVENTION BY ANOTHER FACTION OF 20 SENIOR LAWYERS, WHO APPEAR TO BE FOCUSED MORE ON THE ROT IN THE JUSTICE ADMINISTRATION SYSTEM, RATHER THAN THE DEFENCE OF AN INDIVIDUAL, IS WELCOME, BUT WILL NOT PROVIDE THE NEEDED SOLUTION”
governance, is the broad concept of JUSTICE. In order for democratic governance to thrive in Nigeria, there must exist an atmosphere where the citizenry collectively subscribe to rules, universal obedience to those rules and uniform and fair enforcement mechanisms. Whereas, Lawyers are critical to the maintenance of this atmosphere, more critical however, will be the perception of the citizenry in general terms, as to the fairness and efficacy of the state of justice administration. As Hubert Humphrey, former American Vice President opined – “We cannot expect to breed respect for law and order, amongst people who do not share the fruits of our freedom’’. The society has developed by design that entrusts to the body of Lawyers, a pivotal role in maintaining a justice system that functions fairly and for the common good. My fear, borne out of years of experience and keen observation, is that the body of Lawyers in Nigeria, has not developed the group consciousness to appreciate the enormity of this role, let alone the uniform gravitas to work to justify the expectations of society. Pakistani Lawyers Let me digress to the situation in Pakistan some years ago, when then President Pervez Musharraf suspended the Pakistani Constitution. Pakistani Lawyers stood up as a body, to defy the suspension. Images of Lawyers in huge numbers on the streets locking arms and being forcibly carried away by police officers, must surely remain ingrained in the memories of a grateful and appreciative Pakistani populace. The action of the Pakistani Lawyers, is representative of my views and assuredly, that of a vast majority of Lawyers worldwide, on what Lawyers can and must do, to earn the respect of society, and hence, maintain group relevance. Nigerian Lawyers The body of Lawyers in Nigeria, does not have many secrets. As a member of that body, I find the general perception of the body, as being generally composed of selfish, myopic, unscrupulous and greedy fellows, as largely representative of the reality. I use the term ‘largely’, very advisedly in the sense that, I am of the conviction that a vast majority of Lawyers in whatever station, are honourable and professional in the discharge of their calling and duty to society, as guardians of civilisation. The problem is, with the leadership of the body of Lawyers. The leadership in the sense of this piece, will include both the formal and informal leaders, or if I may borrow, the much used and abused but nebulous term – senior Lawyers. The soul of the body of Lawyers, has been hijacked by a group of senior Lawyers who
are exploiting the uncharacteristic resigned posture of the majority, to form a loose but enriching circle of corrupt influence and control. The obvious corruption in the Judiciary, is symptomatic of the corruption in the society as a whole, but the complicity of the Judiciary, lays bare an existential dilemma for our country. In the event that the democratic governance we seek to entrench, provides for a justice administration system that should protect our commonwealth, what happens when the Judiciary is seen as complicit in the plunder of our commonwealth? Nigerians have generally witnessed corruption cases being conducted unendingly, trivialised by absurd theatrics and usually ending in suspicious and unconvincing acquittals, or at worst, apologetically lenient sentences. With the mounting evidence of different standards of justice, might it not get to the point soon, where the suffering masses identify corruption as the cause of their suffering, feel helpless and resort to mob justice? It is time for us Lawyers to come to terms with our broken justice administration system, and take the bull by the horn. If we do not act fast, courageously and selflessly, to insist on remedial action, the matter may be taken out of our hands by tendencies without our level of appreciation for the niceties of technicalities and due process, and it will not be pleasant. Lawyers, as guardians of civilisation, must first build uniform opinions on the essence and nature of the civilisation we must project and protect. We must also ensure our compliance, with the spirit and intendment of the civilised conduct we seek to entrench in our body polity. We must hearken to the immortal words of Earl Warren, former Chief Justice of the USA – “It is the spirit, and not the form of law that keeps justice alive’’. Corruption is undoubtedly an existential threat to the fabric of our society, and if our primary responsibility is to create a civilised atmosphere, it means that Lawyers must be at the forefront of the fight against corruption. In this light therefore, the civilisation we ought to promote in our society cannot in any form or shape, support the reaction of our group of senior Lawyers, to the CJN saga. The Proper Procedure Upon the public revelation of the contents of the charges against the CJN, the body of Lawyers ought to have taken an immediate public stance, different from that which we witnessed. For the sake of good order, the CJN should have been advised to step aside, pending the outcome of the matter at the Code of Conduct Tribunal. There can be no justice without orderliness, and the jumping of the correct order to focus on politics and the technicalities of due process,
when we ourselves have not advised the CJN to follow due process, is a grave error. The error was bound to result in more shambolic actions and reactions. There is no interpretation of the concept of justice in a civilised society, which will allow the CJN to maintain the authority of his office under the weight of such damaging accusations, to preside, even if remotely, over a process in which he is the accused. Moreover, as unpopular as it may seem now, there is no responsible government, as the custodian of the peoples mandate to govern, that will helplessly allow that anomalous situation to prevail. The optics of over 50 senior Lawyers, literally elbowing their way to gain visibility as defenders of the embattled CJN, unfortunately paints the picture of a group protecting ‘one of its own’. The duty of the body of Lawyers, should rather be to protect the society from the consequent damage to its Judiciary. Unfortunately, the optics of the CJN saga has solidified the impression of Lawyers, as promoters of corruption in the consciousness of Nigerians. 20 Senior Lawyers The intervention by another faction of 20 senior Lawyers, who appear to be focused more on the rot in the justice administration system, rather than the defence of an individual, is welcome but will not provide the needed solution. The CJN saga provides a great opportunity and can be the defining moment, where the body of Lawyers embarks on self-cleansing and rebrands itself. It is time for younger progressive elements in the profession to organise themselves, articulate and define values for the body that will align with the needs and expectations of our society. Senior Lawyers are too shackled by stakes, suspicious of each other, and constrained by unhelpful inherited traditions, to lead the charge to save the profession. Let me close, by suggesting that we bring back Rule 14 of the Rules of Professional Conduct in the Legal Profession 1979. “Nothing operates more certainly to create or foster popular prejudice against Lawyers as a class, and to deprive the profession of that full measure of public esteem and confidence which belongs to the proper discharge of its duties, than the false claim, often set up by the unscrupulous in defence of questionable transactions, that it is the duty of the Lawyer to do whatever may enable him to succeed in winning his client’s cause..... The office of a Lawyer, does not permit, much less does it demand of him for any client, violation of law or any manner of fraud or chicanery. He must obey his own conscience, and not that of his client’’. Edo Ukpong, Managing Partner, Consolex Legal Practice
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‘G20 SANs Needless, had NBA Implemented my Recommendations in 2016’ - Augustine Alegeh, SAN Augustine Alegeh, SAN
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aving a system of independent courts and tribunals that administer justice efficiently, is one of the cornerstones of Nigeria’s democracy. The courts must also operate openly and fairly, so that public confidence is established in the justice system. Finding the balance between judicial independence on one hand, and public accountability on the other, is a critical challenge. We need to support judicial independence. At the same time, we need to recognise that our Judiciary faces certain inherent problems, which show the weaknesses and defects of the system. These require immediate reforms and accountability. These limitations do not only relate to structural problems, but also have profound implications on the liberty of Nigerians. Challenges: Corruption Judicial corruption is not simply about Judges taking bribes, it includes all forms of inappropriate influence that may damage the impartiality of justice, and may involve any actor within the justice system, including Lawyers and administrative support staff. A judgment or court order that does not follow judicial precedent or is inherently defective, can be prima facie evidence of corruption. Backlog of Pending Cases Nigeria’s legal system has a large backlog of pending cases, especially in the superior courts. This number is continuously increasing, and this itself, shows the inadequacy of the legal system. This has implications, for the status of remand persons in Nigeria’s prisons. An unacceptable number of persons, are awaiting trial in our prisons. Lack of Transparency Another problem facing the Nigerian judicial system, is the lack of transparency in the functioning of the Judiciary. Substantial issues like the quality of justice and accountability, are not properly known. Archaic Systems and Procedures Writing in long hand and limited use of IT, are two key issues. Nigerian courts, remain wholly paper dependent. In the 21st century, Judges must engage with information technology systems. The Supreme Court of Nigeria has commenced the establishment of an e-courts scheme, it is proposed to make the entire court and court administration process online. Pleadings will be filed online, defects pointed out by the Registry rectified online, electronic payment of court fees, summons issued via email, and judgements and orders, available online in real time (as and when they are dictated). Re-engineering Procedure There is an urgent need for a debate on our substantive and procedural principles. It is quite unfortunate that judicial reform, has been hitherto, directed toward making external additions to the judicial superstructure (i.e. increasing courts, developing e-courts, additional support staff etc.), that there has been limited discussion on reassessing our jurisprudential aims. The Supreme Court is in the process of reviewing its rules, following that of the Court of Appeal and the Federal High Court. Poor Infrastructure and Limited Recognition of Lower Courts The issue of poor infrastructure, is a general problem affecting all court structures in Nigeria. However, Magistrates suffer some of the worst conditions of public service. In Nigeria, more than 90% of criminal cases, are dealt with at the Magistrates courts or their equivalent. These courts therefore, play a critical role in building the public trust and confidence in the law, and in the justice system. There is therefore, a need to pay particular attention to the lower courts, in the reform process. Other issues affecting the magistracy include: non- recognition of Magistrate Courts as judicial officers by the constitution, and poor conditions of service and working conditions.
121 and 162 of the Constitution, would require amendment. f. Consider the introduction of Court Administrators to take over the administrative functions of the various Heads of court, such as procurement, case-management, budgeting, renovation of courts and implementation of policies. Such court administrators, would enable Judges, including heads of courts, to concentrate solely on the business of adjudication without distraction. There is need to create a career path, in Court Administration and Management. g. Propose constitutional amendment, to enable the offices of Chief Justice of the Federation, Heads of the Court of Appeal, Customary Court of Appeal, Sharia Court of Appeal, Federal High Court, and Chief Judge of a State, to be for a single term of three (3) years only.
Proposals for Reform 1. Judicial Appointments The procedure for recommendation of appointment of judicial officers by the National Judicial Council (NJC) and Federal Judicial Service Commission (FJSC) or the States Judicial Service Commissions (JSC), is not open to the public. This lack of transparency, often leads to appointment of judicial officers with limited capability. The judicial appointments process must be reformed, according to the principles of equal opportunity and fairness. There should be competitive and fair appointment, of all Judicial officers. NJC must also begin to consider thorough examination of prospective candidates, via written tests, interviews and comments from the public. These are necessary tools, for searching for the best candidates. 2. Review and Reconstitution of National Judicial Council The National Judicial Council (NJC) is the constitutional body, charged with the policy and administration, of the Justices and Judges of the superior courts in Nigeria. The inherent flaws in the organisational structure of the NJC, impacts negatively on the efficiency of the Judiciary. The constitutional provision on the composition and operation of the NJC, should be should be reviewed as follows: a. Complaints against the Chief Justice of Nigeria, a judicial officer himself, whose conduct is subject to the supervision of the NJC, should not be made to the NJC. Rather such complaints should be to the Senate Committee on Justice, Human Rights & Legal Matters. b. It is less than ideal that the membership of a body established to supervise the Judiciary and judicial officers, should be dominated by serving judicial officers. This could lead to conflict of interest, amongst members of the body. c. Retired Judicial officers, should not be appointed into the NJC. Their pre-existing relationship with the Judicial officers, could affect their ability to act fairly at all times. The members of the FJSC and NJC should be appointed as follows: Five judicial officers appointed by CJN; Five Lawyers appointed by the President of the NBA, and Five non-Lawyers appointed by the President, subject to the approval of the Senate. The Chairmanship of these bodies should be rotated yearly, between the heads of the three constituent groups. d. There should be established, a Judicial Officers Disciplinary Committee to deal with the discipline of Judicial officers. The Committee, which should be independent of the NJC, will comprise of serving six Judges and six practicing Lawyers, who shall sit in Panels of five. An important mandate of this Committee, must be to urgently commence the review all cases of misconduct, brought against judicial officers in all courts across Nigeria. This is an important first step, towards achieving public confidence in the Judiciary. e. There is a need to review the Supreme Court Civil Procedure Rules, as an immediate step to decongest the case-load of that court. The Court of Appeal and the Federal High Court, have undertaken a similar exercise. In this case, it is necessary to examine the effectiveness of the exercise in reducing backlogs, and enhancing access to justice. In addition, it is suggested that the Supreme Court should mandatorily seat two panels daily (including Saturdays), until the existing backlog of cases is cleared. The appointment of the Chief Justice of Nigeria and Justices of the Supreme Court, should no longer be solely from the ranks of Justices of the Court of Appeal (JCA) or Chief Judges of States. In addition, appointment of JCAs should no longer be solely from State High Courts. Ap-
Hon. Justice Walter Samuel Nkanu Onnoghen
pointments of Chief Judges, should no longer follow ranking structures only. In all these cases, appointments should be extended to the Private Bar and the Academia. g. Judicial salaries, pensions and benefits, should be reviewed every four years. It is proposed that, consideration be given to the establishment of an independent Judicial Benefits and Compensation Commission appointed by the President in consultation with State Governors, to undertake a comprehensive review of salaries, allowances and benefits of all judicial officers in Nigeria, including lower court Judges. The Commission should be required to submit a report with its recommendations to the National Council of States, for deliberation and possible implementation. h. Asset declaration of judicial officers must be done yearly, and any new acquisition reflected within 30 days of any such acquisition. 3. Informal Structures The uncertainty, bureaucracy, slow and expensive court procedures, have led to increased recognition of community based tribunals, including traditional courts, where disputes can be dealt with quickly and inexpensively. These structures adjudicate on a number of matters, including family and property disputes. There is a need for greater consultation on the role of traditional courts in justice delivery, and to consider measures to capitalise on the accessibility of these mechanisms, while ensuring that they are respectful of human rights, especially in relation to gender equality. 4. Other Interventions: a. Review of the CJN Practice Direction on Criminal Procedure in specific criminal cases. b. Review of the Fundamental Human Rights Enforcement Rules. c. Need for a legal framework that (i) lays down judicial standards, (ii) provides for the accountability of Judges, (iii) establishes mechanisms for investigating individual complaints of misbehaviour or incapacity of Judges, (iv) provides a coherent mechanism for the removal and discipline of Judges. d. The amendment of Section 233(2) of the 1999 Constitution, to make it mandatory to obtain leave before appeals to the Supreme Court, and such leave to be granted only on questions of significant importance or contribution to the legal jurisprudence, and not frivolous appeals on trite or firmly established principles of law, with no reasonable ground for upturning such principles. e. Affirm the financial autonomy of the Judiciary. The Federal Government and State Governments should agree on a workable framework for the funding of all courts, from the Supreme Court to the lower Courts. The provisions of Sections 81,
“THE INHERENT FLAWS IN THE ORGANISATIONAL STRUCTURE OF THE NJC, IMPACTS NEGATIVELY ON THE EFFICIENCY OF THE JUDICIARY....COMPLAINTS AGAINST THE CHIEF JUSTICE OF NIGERIA, A JUDICIAL OFFICER HIMSELF, WHOSE CONDUCT IS SUBJECT TO THE SUPERVISION OF THE NJC, SHOULD NOT BE MADE TO THE NJC�
Summary of Recommendations Quick wins and immediate actions: r &OBCMF B )JHI -FWFM 1BOFM UP SFWJFX BMM DBTFT of corruption in the Federal and State Judiciaries, for the purposes of presenting findings to the National Judicial Council (Pending amendment of the Constitution). r "QQPJOU POMZ EFTFSWJOH QSJWBUF MFHBM practitioners or academics to the bench of the Supreme Court and Court of Appeal, for the next four years. r 1SFTFOU B QSPQPTBM UP UIF $+/ PO UIF SFWJFX the Supreme Court Rules, including ensuring that only cases of constitutional significance or that deal with life and liberty, are heard in the Supreme Court as of right. r 1SFTFOU B QSPQPTBM UP UIF $+/ PO UIF OFFE for a review of the composition of the NJC, in which the Chairmanship and membership of the NJC, is dominated by notable persons of integrity from the Bar and related disciplines. r $POWFOF B NFFUJOH XJUI (PWFSOPST PG the 36 States of the Federation on funding the Judiciary, including establishing an independent Judicial Benefits and Compensation Commission appointed by the President in consultation with State Governors, to undertake a comprehensive review of salaries, allowances and benefits of all Judicial Officers in Nigeria, including lower court Judges. The Commission should be required to submit a report with its recommendations to the National Council of States, for deliberation and possible implementation. r &OBCMF B QBOFM PG FNJOFOU -BXZFST BOE +VSJTUT to review the proposals of previous constitutional conferences, with a view to identifying key provisions as it relates to the Judiciary, including but not limited to key concerns of judicial integrity, backlogs and access to justice. Mid-Term r 1SPQPTF UP UIF $IJFG +VTUJDF PG /JHFSJB UIF need for the recruitment of court sheriff’s in federal courts, who will serve as court process servers, as well as enforce court judgements (propose same to the States). r 4VQQPSU UIF 4VQSFNF $PVSU F $PVSU JOJUJBUJWF r 1SPQPTF UP UIF /BUJPOBM "TTFNCMZ B +VEJDJBM Integrity Bill that (i) lays down judicial standards, (ii) provides for the accountability of Judges, (iii) establishes mechanisms for investigating individual complaints, for misbehaviour or incapacity of a Judge (iv) provides a coherent mechanism, for the removal and discipline of Judges. r 1SPQPTF DPOTUJUVUJPOBM BNFOENFOU UP FOBCMF the offices of Chief Justice of the Federation, Heads of Court of Appeal, Customary Court of Appeal, Sharia Court of Appeal, Federal High Court, Chief Judge of a State, to be for a single term of three (3) years only. The Constitution has to be amended, to achieve this position. Long Term r 6OEFSUBLF B QIZTJDBM BOE JOGSBTUSVDUVSF audit of lower courts in the FCT, with a view to improving the working conditions of Magistrates, Court Officials, for the benefit of court users. r 1SPQPTBM UP UIF $+/ UP DPOTJEFS UIF SFDSVJUment of Court Administrators to take over the administrative functions of the various Heads of Court, such as procurement, case management, budgeting, renovation of courts. r 4VQQPSU DPOTVMUBUJPO PO UIF SPMF PG KVTUJDF mechanisms under the authority of the traditional courts, with a view to adopting concrete legislative measures. Augustine Alegeh, SAN, NBA President 2014-2016
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Last Thursday, February 7, 2019, former Attorney-General of Lagos State, Olasupo Shasore, SAN and Akeem Olajide Bello, Ph.D, held the presentation of their book, ‘MINISTERING JUSTICE Administration of the Justice Sector in Nigeria’ at the City Hall, Catholic Mission Street, Lagos. Here are some of the personalities who were in photos: Kolawole Alli attendance.....
L-R: Lagos State Attorney-General and Commissioner for Justice, Mr. Adeniji Kazeem, SAN, Life Bencher, Mrs. Hairat Balogun, former Lagos State Attorney-General and Commissioner for Justice, Mr. Ade Ipaye and author of the book and former Lagos State Attorney-General and Commissioner for Justice, Mr. Olasupo Shasore, SAN
L-R: Ekiti State Attorney-General and Commissioner for Justice, Mr. Olawale Fapohunda, Borno State Chief Judge, Hon. Justice Kashim Zannah and former Chairman, National Human Rights Commission, Dr, Chidi Odinkalu
L-R: Asst. Director, Lagos State Ministry of Justice, Ms. Iyabode Oshodi, Co-author of the book, Dr. Akeem Olajide Bello, Partner, ALP Legal, Mrs. Oyinkansola Badejo-Okusanya and Author of the book, Mr. Olasupo Shasore, SAN
L-R: Wife of the author of the book/Executive Publisher, Quramo Publishing, Mrs. Gbemi Shasore; Mrs. Folashade Alli and Mr. Olasupo Shasore, SAN
L-R: Mrs. Ade Adeyemo of E.S. Law Reform Commission, Director, Ministry of Justice, Mrs. Toyin Odusanya and Partner, Summers Cooper Partner, Mrs. Victoria Alonge
Mr. Olawale Fapohunda and Editor THISDAY Lawyer, Mrs. Onikepo Braithwaite
Mrs. Gbemi Shasore and Mr. Nahel Mansour
Lagos State Director of Public Prosecution (DPP), Ms. Titilayo ShittaBey and Lagos State Solicitor-General, Mrs. Funmilola Odunlami
Partners ALP, Ms Atinuke Dosunmu (left) and Ms. Aisha Rimi
Professor Taiwo Osipitan, SAN
Tunde Busari, SAN (left) and Chief S.O. Alabi
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L-R: Special Adviser to the Minister of Power, Works & Housing on Policy and Legal Matters, Mr. Lanre Akinsola, Ms. Iyabo Oshodi and Mr. Ade Ipaye
L-R: Pastor Idowu Iluyimade, Pastor Sola Joseph and Pastor Olajide Adefesobi
L-R: Deputy Editor THISDAY Lawyer, Mr. Jude Igbanoi, Dr. Akeem Olajide Bello, Mrs. Onikepo Braithwaite and Mr. Olasupoi Shasore, SAN
Former Ogun State Attorney-General and Commissioner for Justice, Mrs. Abimbola Akeredolu, SAN (right)
L-R: L-R; Former Lagos State Solicitor-General, Mr. Lawal Pedro, SAN Mr. Olasupo Shasore, SAN, Mr. Ade Ipaye, Mr. Dele Belgore, SAN; Mr. Tunde Busari, SAN
L-R: First female Solicistor-General of the Federation, Chief (Mrs.) Turi Akerele Ismail, former Director Legal Services, FAAN, Mrs. Nnenna Kalejaiye and Mrs. Gbemi Shasore
Mr. Yemi Akangbe (left) and former Ogun State Attorney-General and Commissioner for Justice, Mr. Wemimo Ogunde, SAN
Professor P.K Fogam and others
Dr Wale Olawoyin, SAN (left) and Prince Femi Tejuoso
Cross section of the guests
Mr. Ayuli Jemide of Detail Commercial Solicitors (middle)
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12.02.2019
WORDS OF WISDOM
(Culled from Social Media)
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5 ) * 4 % ": t TUESDAY, FEBRUARY 12, 2019
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T H I S D AY ˾ ͯͰ˜ 2019
BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB
A S
A T
REPO 11.86 % 11.07%
CALL 1-MONTH 3-MONTH
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364.70% 0.21% 2.16%
Group Business Editor Obinna Chima Email obinna.chima@thisdaylive.com 08024557078, 08152447875
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EXCHANGE RATE N306.75/1US DOLLAR* *AS AT LAST FRIDAY
Quick Takes FrieslandCampinaSupportsPara-Powerlifting
OUR SCORECARD
L-R: Managing Director, Neimeth International Pharmaceuticals Plc, Matthew Azoji; Chairman, A.B.C Ojiako; and Company Secretary, Felicia Onyenekwe, during the annual general meeting of the company in Lagos....recently
NEITI: States Not Able to Fund Budget with FAAC Allocation Stories by Chineme Okafor in Abuja The Nigeria Extractive Industries Transparency Initiative (NEITI) has declared that none of the 36 states were able to fund their respective annual budget in 2018 with the allocation they got from the Federation Accounts Allocation Committee (FAAC) last year. Indicating that this was clearly a disturbing development, especially with regards to developments of the states, NEITI, explained that out of the 36 states, only three of them – Delta, Enugu and Yobe – received FAAC allocation which was more than 50 per cent of their budgets. It stated this in its quarterly review of the FAAC disbursements which was obtained by THISDAY. The report showed that between 2015 and 2018, the three tiers of government in Nigeria shared a total of N26.152 trillion. A breakdown of this showed that N6.11 trillion, N5.1 trillion, N6.418 trillion and N8.524 trillion
ENERGY were shared in 2015, 2016, 2017 and 2018 respectively. According to NEITI, while FAAC disbursements to states increased considerably in recent years, the allocations were inadequate in servicing their budgets. It explained that the figures it calculated showed a wide disparity between budgets and FAAC disbursements of the states, adding, “Clearly, there is no state that can adequately finance its budget solely from FAAC disbursements. This inability varies from state to state.” It added that while internally generated revenue (IGR) contributed to revenue for all states, it was highly unlikely that IGR were able to make up for the shortfall in FAAC disbursements. The IGR figures, NEITI stated, were only available for the first half of the year. “In order to facilitate the analysis, the half-year IGR figures were multiplied by two
to give approximate full year IGR figures. “The approximated IGR figures show that IGR was less than 50 per cent of FAAC disbursements for most of the states. There are four exceptions: Cross River, Lagos, Ogun and Rivers States. For these states, IGR was more than 50 per cent of FAAC disbursements,” it said in the quarterly review. NEITI explained that it was only in Lagos and Ogun States that their IGRs were actually higher than FAAC disbursements, while the IGRs of six other states - Enugu; Kaduna; Kano; Kwara; Osun; and Oyo were more than 40 per cent of disbursements. “For these ten states, there is a probability that actual IGR will be sufficient to augment FAAC disbursements to finance their budgets. “For all the other states, it is highly unlikely that even with actual IGR, they will be able to finance their budgets. There are some extreme cases. There are eight states whose budgets
were more than 200 per cent of their FAAC disbursements: Cross River; Ebonyi; Kwara; Lagos; Ogun; Osun; Oyo; and Sokoto. “There is another group of ten states whose budgets were more than 150 per cent of their FAAC disbursements: Adamawa; Akwa Ibom; Anambra; Bauchi; Benue; Imo; Kaduna; Katsina; Plateau; and Zamfara,” it noted. On FAAC disbursements between 2015 and 2018, the NEITI figures revealed that following the drastic drop in disbursements from 2015 to 2016, disbursements have consistently been rising from 2017. A summary of it showed that for the four-year period, N26.152 trillion was disbursed to the three tiers of government. “Total disbursements fell by 30 per cent between 2014 (N8.595 trillion) and 2015 (N6.011 trillion). Subsequently, total disbursements fell by 15 per cent, from N6.011 trillion in 2015 to N5.100 trillion in 2016. From 2017, total disbursements Continued on page 24
‘Nigeria Spends $10bn Annually to Import Welders for Oil, Gas Sectors’ On the average, Nigeria spends $10 billion every year to import certified welders engaged in various sectors of its economy, especially the oil and gas sectors, the Managing Director, Mudiame International Limited, Sunny Eromosele, has disclosed. Eromosele, noted that Nigeria’s current economic situation and unemployment crisis could worsen if the Nigerian Content Development and Monitoring Board (NCDMB); Manufacturers Association of Nigeria (MAN) and other stakeholders fail to double efforts to develop local content in the country. Speaking recently at a briefing
ENERGY on national welding capacity development plan in Abuja, Eromosele stated that even with President Muhammadu Buhari’s signing of an executive order - Executive Order Five, to reverse job loses to expatriates and boost economic activities in the country, Nigeria still spend over $10 billion yearly to hire certified welders into the country. According to him, the executive order aims to increase domestic production of goods and services, create jobs in science, technology and engineering, as well as prohibit issuing of visas
to foreign workers whose skills are readily available in Nigeria. Eromosele, who also operates Mudiame Welding Institute, stated that the country at the moment lacked the strategy to implement the content of the policy, adding that the current skills gap in jobs like specialised welding, had resulted in the influx of foreigners into the country. He alleged that the country’s current railway projects and the ongoing construction of Dangote refinery, are being handled by over 90 per cent of Indian and Chinese expatriates. According to him, MAN and other stakeholders must
raise their pressure on the government to set up proper implementation mechanism for its executive order five, especially in the areas of strengthening institutions. He also described as unfortunate the fact that international operators often insist on their standards to be used in Nigeria for in-country project works. “That will not allow our Nigerian personnel to participate in project like the ongoing rail construction and Dangote refinery construction. About 90 per cent of the people working on these projects are Chinese Continued on page 24
The FrieslandCampina WAMCO Nigeria Plc, makers of Peak milk, has presented a new bus with wheelchair access to the Nigeria Parapowerlifting Federation. Thepresentationwasdoneatthecompany’sheadquartersinLagos. The International Paralympic Committee mobility bus seats 12 people and15wheelchairs. ThisfirstofitskindmobilitybusinNigeriaisequipped with automated lifts and other features to ensure convenience and the safety of athletes. At the presentation, the Minister ofYouth and Sports Development, Solomon Dalung, who was represented by the Permanent Secretary, OlusadeAdesolasaid,“Withthisdonation,FrieslandCampinaWAMCO has elongated its catalogue of support to the Para-powerlifting team who has continued to contribute positively to Nigeria through global para-sports.” “FrieslandCampinaWAMCO has remained a reliable and supportive partner of the Nigeria Para-powerlifting Federation; by this donation, the company has opened up space for greater inclusion in sports development in Nigeria” Dalung said. TheManagingDirector,BenLangat,saidthecompany’ssupporttothe NigeriaPara-powerliftingFederationclearlyexplainsFrieslandCampina WAMCO’s purpose as a company and a belief that every Nigeria has the right to reach for their Peak.
Eko Disco’s Marketers Now EFR
The management of Eko Electricity Distribution Company (EKEDC) has said a section of its workforce known as marketers, who were saddled with the responsibility of door to door revenue collection would henceforth be known as ‘Eko Field Representatives (EFR)’. The General Manager, Corporate Communications, EKEDC, Mr. Godwin Idemudia, disclosed in Lagos that the name change was due the ongoing reorientation of staff members. Idemudia said the development signified the dawn of a new era of staff’s dedication to ensuring customer satisfaction. Henotedthatthewideorientationwasoneofseveraleffortsdeployed bytheorganisationtoimproveitsservicesandfulfilitsdutytocustomers while safeguarding the interests of the company. According to him, the re-orientation includes etiquette training, customer relationship management, legal knowledge, and business performance skills to mention a few. He said: “Some of our esteemed customers have bad perceptions about our field officers due to one unpleasant experience or the other. However, steps have been taken to reduce these unpleasant experiences and curb illicit practices to ensure the success of this initiative. “It is pertinent that our customers view these field officers in a new light, thus a name change is needed to usher them into the new era.” The spokesman, however, said the roles of the Eko Field Representatives remain the same such as reading customers meters, bill generation, revenue collection, customer interaction, and taking load inventory amongst others.
Cadbury Partners UNHCR
Cadbury Nigeria Plc has announced a donation of Bournvita, a non-alcoholic beverage, to some internally displaced persons (IDPs) in Nigeria.This was done in collaboration with the United Nations High Commission for Refugees (UNHCR). In a statement, the company’s Corporate and Government Affairs Director for West Africa, Mr. Bala Yesufu, said Cadbury was moved to make the donation by the plight of IDPs living in various camps in the country. “The gesture is in line with our corporate social responsibility (CSR) agenda, which seeks to empower the less-privileged in society,”Yesufu said. He added: “As a company, we believe that the IDPs require support in terms of a food drink like Bournvita that is rich in energy and essential micro-nutrients.” He said the company was pleased to partner the UNHCR and anticipated that the intervention would provide succour to the IDPs. Receiving the donation on behalf of UNHCR at the company’s head office in Lagos, Felicia Ejike, Senior Protection Assistant (Community Based), expressed gratitude to Cadbury, and enjoined other corporate organisations to emulate the kind gesture of Cadbury.
“Our laws forbid foreign vessels operating in our territorial waters save for compliance with the Cabotage Act. There shall be no sacred cow when we commence clampdown on erring vessels. We want to increase the number of Nigerians who participate in the marine aspect of your business and we are working closely with the Nigerian Content Development and Monitoring Board to have a joint categorisation of vessels operating under the Cabotage Act DG NIMASA,
Dakuku Peterside
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BUSINESSWORLD NEITI: FAAC ALLOCATION NOT ENOUGH TO FUND STATES’ BUDGET
started rising as evidenced by the 25 per cent increase from 2016 to 2017 (N6.418 trillion). “Total disbursements in 2018 increased by 32 per cent over the 2017 figures. These increases in FAAC disbursements are a welcome development from the disturbing government revenue figures of 2015 to 2016 which resulted in severe economic hardship on the Nigerian populace, and reflected in the economic recession from the second quarter of 2016 to the first quarter of 2017,” the NEITI review stated. It added, “The figure reveals that, with the exception of the third quarter of 2017, there has been a consistent rise in quarterly disbursements since the second quarter of 2017. The highest quarterly amount of N2.299 trillion disbursed in the fourth quarter of 2018 is the highest quarterly disbursement since the second quarter of 2014. “There were three consecutive quarters in 2018 when total disbursements exceeded N2 trillion. The last time this happened was in the third quarter of 2014. The figures reveal particularly striking increases in 2018, compared to 2017. ‘NIGERIA SPENDS $10BN ANNUALLY TO IMPORT WELDERS FOR OIL, GAS SECTORS’
and Indians,” said Eromosele. He decried the idea of personnel certification system run by most International Oil Companies (IOCs) and service firms. “We need the harmonisation of our personnel’s qualification so that the ideas of personnel certification system by some companies like Saipem, Chevron and others will be eradicated. “Roles of stakeholders must also be harmonised so that the Nigerian stakeholders will have common goals and role to play on all project executed depending on their areas of specialisations,” Eromosele explained. He further urged Buhari and the NCDMB to channel efforts at developing key sectors in the economy like welding.
NEWS
Widening Inequality Gap Worries NACC Jonathan Eze The Nigerian-American Chamber of Commerce (NACC) has expressed concern about the increasing level of poverty and widening inequality gap in the country. The group, therefore, urged the government to as a matter of urgency take steps to improve governance and build a sustainable and formidable economy. The Chamber pointed out that the delay in passing the 2019 budget would affect economic projection for the year. This was disclosed at the February Breakfast meeting held in Lagos, with the theme: “2018 Economic Review: Expectations for 2019.” According to the stakeholders, even though the economy exited recession in 2016, it was still faced with stagflation, based on the high rate of unemployment, double-digit inflation, and sluggish growth. Predicting a slow economic growth in 2019, the immediate past Director-General, West African Institute for Financial and Economic Management (WAIFEM), Prof. Akpan Ekpo, said there was likely to be a three per cent growth rate, noting that with everything being equal pre and post -election period, the Nigerian economy was expected to grow by one per cent this year.
Ekpo, noted that the current growth rate at two per cent is sluggish and fragile, stressing the need for economic managers to properly implement the Economic Recovery and Growth Plan (ERGP), to ensure that the economy is on a growth trajectory. He said: “Growth rate at three per cent is not good enough as Nigeria must maintain a double digit growth rate in the next 10 years to move Nigerians out of the poverty line.”
According to him, the oil story should not describe the economy, while the quality of governance over-time should ensure continuous improvement in the standard of living of most Nigerians in 2019 and beyond. He said there was also an urgent need to prioritise development at sectors that would generate jobs. “Looking at the economic variables; the Nigerian economy is still primitive. The economy did not do well in 2018, very few people moved
out of the poverty line. The two per cent growth rate is positive, but nothing to cheer about,” Ekpo added. He urged the federal government to expedite action on the passage of the 2019 budget, adding that the budget is an economic tool deployed by both local and foreign direct investors. He pointed out that as a result of the forthcoming elections, foreign portfolio investments had declined sharply in the country. Also Speaking, the
President, NACC, Toyin Akomolafe, quoted the World Bank to have said the growth of Nigeria’s Gross Domestic Product has remained largely unimpressive, and still exhibits the same pattern of the pre-crisis period of 2017. He assured that the Chamber would continue to promote the development of trade, commerce, investment and industrial technological relationships between the public and private sectors of Nigeria and the United States of America.
DEEPENING PARTNERSHIP
L-R: Group Executive, E-Business and Retail Products, First Bank of Nigeria, Mr. Chuma Ezirim; Group Head, Marketing and Corporate Communications, Mrs. Folake Ani- Mummuney; Group Executive, Retail Banking Group, Lagos and West, Mr. Tunde Owolabi; Founder/ CEO, Azuri Technologies Limited, Simon Bransfield- Garth; General Manager West Africa, Vera Nwanze and Group Executive, Treasury and Financial Institutions, First Bank of Nigeria, Mr. Ini Ebong, at a media briefing on a partnership between Azuri and First Bank held in Lagos…recently etop ukutt
‘FDI Inflow from UK May Rise to $4.5bn By 2030’ Jonathan Eze The Executive Director/ CEO of Nigerian Export Promotion Council (NEPC) Mr. Olusegun Awolowo, has said foreign Direct Investment (FDI) from United Kingdom (UK) into Nigeria may rise from the $1 billion it is presently, to $4.5 billion by 2030. He disclosed at the Nigeria-United Kingdom Trade Diagnostic Study programme in Abuja recently. This, Awolowo said could be achieved through
strengthening of bilateral trade and Investment Cooperation Agreement (TICA), adding that there was no better time to seize the opportunity than now, when economic diversification has been brought to the fore by the present administration of President Muhammadu Buhari. As far as he is concerned “Nigeria should take advantage of the over two million Nigerian diaspora in the UK to increase food exports.” Besides, he was of the opinion that if more visa
access is granted to qualified Nigerian professionals, the country could enhance its trade in export of services. He believes that the future of Nigeria lies more in export of services than sectors. However, he listed some barriers to export in meeting UK standards to include among others, origin reputation, traceability, certifications and logistics. Also, the Head of Economic Development Department for International Development (DFID), Mr. Richard Ough, disclosed that the Economic
Development Forum (EDF) between UK and Nigeria was launched as a commitment to support both economies to grow and prosper. According to him, “Nigeria is a real frontier economy with huge potential for trade and investment opportunities for British firms, and it is a key economic partner to the UK in Africa. Bilateral trade in 2017 was £4.2 billion and has grown an average of seven per cent per annum since 2008.” He noted that the UK, through the Department for International Development
(DFID) was exploring how Nigerian exporters could maximise the use of the existing trade preferences, including by supporting exporters’ dialogue with trade regulators through a Community of Practice as well as identifying market access barriers that could be removed to enhance trade between both countries. “We are also keen to learn what more can the UK Aid do to assist Nigeria’s non-oil export and its contribution to your country’s economic diversification”, he added.
Kano Launches Small Claims Court to Enhance Dispute Resolution Hamid Ayodeji
Group Business Editor
Obinna Chima
Capital Market Editor
Goddy Egene
AgriBusiness/Industry Editor
Jonathan Eze
Comms/e-Business Editor
Emma Okonji
Senior Correspondent
Raheem Akingbolu (Advertising) Correspondents
Chinedu Eze (Aviation) Linda Eroke (Labour) Eromosele Abiodun (Cap Mkt) Ejiofor Alike (Energy) James Emejo (Nation’s Capital) Chineme Okafor (Energy) Ebere Nworji (Insurance) Reporters
Nume Ekeghe (Money Market) Nosa Alekhuogie (e-Business
The Kano State Judiciary in collaboration with the Presidential Enabling Business Environment Council (PEBEC), has inaugurated the Small Claims Court in Kano. This initiative was in line with enabling business environment reforms across all arms of government, aimed at making Nigeria an easier place to do business. The objective of the court was to improve the judicial process by providing easy access to cost-effective and fast resolution of debt recovery disputes involving small claims of five million naira (N5m) and below. A statement explained that
all claims which are filed at the Small Claims Court are expected to be heard and judgment delivered within a maximum period of 60 days, with a further 30 days for enforcement. “Only one adjournment is allowed under exceptional circumstances. In addition, magistrates are to hear matters daily to conclusion, and are enjoined to promote, encourage and facilitate negotiation among parties. The court also encourages selfrepresentation, and adhere to strict timelines for following key specified court events. “The Small Claims Court is regulated by the Practice Directions on Small Claims 2018 issued by the Chief
Judge of Kano State pursuant to the Magistrate Court Law of 2018. The launch took place on January 24, 2019 at the Judicial Service Commission, Audu Bako Secretariat, Kano State and was attended by the Ag. Chief Judge, Attorney General, Judges of the High Court, Magistrates, Judicial Officers and members of the bar,” the statement explained. In her remarks at the occasion, PEBEC’s Secretary and Senior Special Assistant to the President on Industry, Trade and Investment, Dr. Jumoke Oduwole, was quoted to have said: “The Presidential Enabling Business Environment Council continues to collaborate with the Kano State Government,
including the Kano State Judiciary, on business climate reforms for the State. The launch of the Small Claims Court is further proof of our successful collaboration, and how working together can yield great results. “We implore all small businesses to take advantage of the court and to tell more stakeholders about them. It can only be as efficient as we want it to be if we engage and use them.” In order to ensure effectiveness of the court, PEBEC also conducted a 2-day training for magistrates and court officials in collaboration with leading commercial law firms in Nigeria. Following the establishment
of the Small Claims Court in Lagos in April 2018, it was reported that 90 per cent of judgments delivered from May to September 2018 were done within the 60-day timeline in compliance with the Lagos State Magistrates’ Practice Directions on Small Claims. This indicates substantial compliance in terms of timely disposition of matters. Prior to the establishment of the Small Claims Court, the 2019 World Bank Doing Business report stated that it took 447 days for matters to be resolved with the commercial court at the Lagos State Judiciary, and it currently takes 476 days for the court in Kano.
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BUSINESSWORLD
ENERGY
Journey to Self Sufficiency in Electricity Supply Shop owners at the Ariaria International Market in Aba, Abia State, can now enjoy constant electricity supply from a 9.5 megawatts gas-based independent power plant and a distribution system, writes Chineme Okafor With up to 37,000 shops specialicing in a wide range of goods, the Ariaria International Market has become valued for its versatility in leather works and clothes making, and according experts deserved improved infrastructure. The market is said to house millions of traders and artisans that contribute to the growth of the Nigerian economy as well as the states in south-eastern part of the country. For years, the market reportedly remained without stable grid electricity supply and often relied on third-party supply sources to operate. Attempts though to remedy this through supplies from a 188MW-capacity IPP built by Geometrics Power at Osisioma, and for which agreement to distribute to Aba and Ariaria was reportedly reached in 2005, failed to come through when in 2013, the federal government was said not to have respected the content of the agreement during its power sector privatisation programme, and thus raised a legal scuffle. Years passed by and Ariaria reportedly remained inadequately electrified by Enugu electricity distribution company (Disco), which on one hand with the government was engaged in a legal tussle with Geometrics over who owned the right to distribute electricity in the market. It was however not for long when the Rural Electrification Agency (REA) set up its Energising Economies Initiative (EEI) to bring succour to the traders. The REA identified and took up Ariaria as a potential beneficiary in the programme which was planned to within one year provide electricity to over 80,000 shops; empower over 340,000 micro, small and medium enterprises as well as create over 2,500 jobs through the first 16 economic clusters chosen. Besides Ariaria, REA’s Managing Director, Damilola Ogunbiyi, explained that the EEI had provided electricity to 10,000 shops in four other markets across the country. “To date, almost 10,000 shops have been electrified as part of the Energising Economies Initiative within Ariaira Market in Abia, Sabon Gari Market in Kano, Sura Market complex and Iponri market in Lagos, Isikan market in Ondo. “It is therefore very clear that, this administration is committed to ensuring that Nigerian businesses are given the ability to thrive and thus boost economic activity in a conducive and healthy environment,” Ogunbiyi, stated during the Ariaria commissioning. The EEI in Ariaria Even though there was an outcry against REA’s decision to step into Ariaria and provide electricity to the market, while a legal battle between Geometric and the Enugu Disco continued, the agency and the Nigerian Electricity Regulatory Commission (NERC) felt it was right and in public interest to carve out again and allow Ariaria Market Energy Solutions Limited (AMES) – a privately-funded special purpose vehicle (SPV), to set up a 9.5MW power system for the sole purpose of solving the electricity problems of the huge market. Justifying its action, the NERC explained it did it rewarded operational licenses over Ariaria to AMES in line with Section 71(6) of the Electric Power Sector Reform (EPSR) Act 2005, adding
that the licenses to the new operator would address the challenges of power supply to the market. It said then, “The NERC in pursuit of overriding public interest has granted a 9.5 megawatts embedded electricity generation licence to Ariaria Market Independent Power Plant Limited and an independent electricity distribution licence to distribute same within Ariaria Market to Ariaria Independent Energy Distribution Network Limited.” According to the commission, “The licences, issued in line with Section 71(6) of the Electric Power Sector Reform (EPSR) Act 2005 were granted after careful consideration of the applications in public interest to promote access to common goods and to promote commercialisation and industrialisation for which Ariaria, a leading commercial hub in the country is reputed for.” Thus paving the way for AMES to move into Ariaria, NERC said, “Both licences granted to Ariaria were affirmation of the Commission’s commitment and response to the long-time yearnings of the market for a stable, reliable and sustainable electricity supply to improve quality of goods and services by Nigerian enterprises and entrepreneurs.” And, after months of works, Buhari recently Inagurated the system which according to REA already has 4,000 out of the market’s 37,000 shops connected to clean, affordable and stable electricity generated from it. The other shops, the agency said would subsequently be connected to the power system one after the other, until they are all connected in 2019. REA also explained that Ariaria has 11 sections with several trading activities including tailor-
ing; textile trading; leather works and footwear production; printing; fabrication of tools and mechanical parts; as well as pharmaceuticals, which AMES would supply electricity to. It said the Ariaria power system consisted of a gas-fired power plant; an extensive distribution network; and robust metering systems for each shop, adding that 15,000 SMEs in the first 4000 shops connected now run their operations with affordable and constant power from the system. According to the REA, 250 direct jobs and 370 indirect jobs have already been created in the market by the 4,000 connected shops. “Reliable power supply is critical to ease of doing business. We are heading towards moving our economy further. “Jobs are created through investment in projects like this. This project shows progress can be made irrespective of political difference,” the president had said, during its commissioning. Also, the Governor of Abia State, Dr. Okezie Ikpeazu, indicated the state government was impressed with the idea of a fresh start to the Ariaria power challenge and had to throw in its support when the REA asked for it. Ikpeazu, talked about how the government created the enabling environment which included a space; access road; and security amongst others for the IPP to set up. He added that it was all for the good of occupants of the market, and economy of the state. “I am happy to say when this option came for power to be provided in this beautiful way, 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,” Ikpeazu, explained. Even Mr. Lucky Akubueze, the chair of Ariaria International Market Aba Traders Association (AMIATA), recognised the impacts of the IPP when he said, “We in Ariaria market are delighted and most grateful to the federal government and our Governor, Dr. Okezie Victor Ikpeazu for making it possible for our hardworking people to receive a cleaner, more reliable and affordable alternative power supply. This intervention will bring growth to our businesses and overall wellbeing to our people and customers in Ariaria market.” More than the electricity Beyond the IPP’s electricity which is expected to help Ariaria grow its productivity, it was equally disclosed by the power, works and housing minister, Mr. Babatunde Fashola, that the market would get to have a carbon free environment going forward. Fashola said, “There used to be 6,000 generators in Ariaria Market producing hazardous emissions, but now it has been majorly eliminated through the implementation of federal government policies. Ariaria IPP now provides clean and reliable energy.” His claims were further buttressed by Mr. Ubani Nkaginieme, the chief executive officer of AMES, when he hinted that as much as 85 per cent of the carbon emission from the market would be reduced, in addition to its level of noise pollution down by 50 per cent.
Despite Volatility, First Bank Affirms Support for Nigeria’s Oil Sector Chineme Okafor in Abuja First Bank of Nigeria has said it will continue to back operators in the country’s oil and gas sector with the right financial support required to efficiently grow the industry. According to the bank, it is necessary for the country to develop and enact good regulatory frameworks that would support the growth of the industry. Speaking recently at the
Energy Finance Forum sponsored by FBN at the just concluded second edition of the annual Nigeria International Petroleum Summit (NIPS) in Abuja, the Chief Executive Officer (CEO) of First Bank, Mr. Adesola Adeduntan, told delegates at the session that the bank had been in the pole position of supporting oil and gas firms operating in Nigeria, especially indigenous companies.
According to him, the session, which had its theme as ‘financiers and the petroleum industry: gaining mutual understanding to grow,’ was vital considering the vast financial outlay required to develop the sector. Represented by the bank’s Executive Director, Public Sector, Abdullahi Ibrahim, Adeduntan, also noted that infrastructure finance was critical in accelerating development.
He added that this, underscored the need for an appropriate regulatory environment in attracting long-term investment to the country’s oil and gas sector. Adeduntan, equally explained that the bank had been supporting the oil and gas sector with funds through some of its products that provide finance for oil contracts. According Adeduntan, the First Bank’s oil industry contract finance
product was designed to meet the funding requirements of indigenous oil and gas companies who are either customers or prospective customers of the bank. He explained that the self-liquidating product was contingent upon receipt of contract proceeds after successful completion of stipulated milestone. “This has been beneficial to operators in the sector and it has increased their
profitability and impacted greatly on their operations over the years,” Adeduntan, stated. He also noted that the bank had been providing finance for stock of white petroleum products in the downstream oil sector, which include petrol. According to the bank, it consistently provides support to existing or new customers who are registered members of oil associations in Nigeria.
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Nigerian Economy Remains Vulnerable, Analysts Say Oluchi Chibuzor Some economic experts have said the Nigerian economy remains vulnerable as global interest rates increases in 2019. According to them, the strengthening of the dollar makes Nigeria less attractive to portfolio managers, with businesses facing tightmargin conditions due to higher production cost and weaker consumer demand. The Managing Director, NASD OTC Securities, Mr.
Bola Ajomale, said this while speaking at a breakfast meeting organised by the firm organisation in Lagos recently. Ajomale, said the NASD OTC was committed to embracing indigenous financial technology (fintech) companies. He added that his organisation, which provides the platform for trading of a broad range of instruments over-the-counter, recently entered into partnership with some international firms to increase access to information about its
various platforms that allow traders to enter into the system with anysmart device from any location in the world. According to him: “We were able to execute a record number of tradeslast year, 2,928 trades in 2018, as against 2,784 in 2017, even thoughwe received significant support from all 125 public liabilities whoare registered to trade on the platform, while organising trainingprogrammes for all participant to acquaint them with how easy it is to access the OTC market.
“Because of the potential to generate reliable information on this platform, we have entered discussions with S&P and Rifinitiv to create a tradable index based on the best performing securities on the OTC market.� On his part, the Chief Executive Officer CEO, Kainos Edge Consulting Limited, Dr Doyin Salami, in a Keynote Address on “charting 2019: The Economic Outlook,� stated that the biggest factors facing the economy remains the outcomes
and aftermath of the election. Commenting on the macro-economy, he said: “Cumulatively, the economy grew 1.76 per cent in the first three quarters of 2018. Inflation moderated in 2018, but seems poised to ascend modestly in 2019. “Higher unemployment is a strong indicator of still weak consumer demand. “On the aggregate, businesses face tight margin conditions due to slow volumes growth, higher production costs and moderating consumer
prices. On what will drive the economic outlook for the year, “Volatility of oil prices and the downside risk associated with it will put the economy into uncertainties considering the nation is an oil dependent nation coupled with the commitment to OPEC quota of about 1.6 million barrels per day of crude oil even when there is glut in the market. “There will be increase in government borrowings and more payment of high taxes,� he said.
Ecobank Takes Digital Payment Solutions to Traders Peter Uzoho As part of its determination to provide efficient and innovative financial services to customers, particularly traders, Ecobank Plc has taken its digital payment solutions, EcobankPay and Express Point, to traders at Alaba International Market, Ojo, Lagos. The move, according to the bank was to enable traders collect their money from customers instantly by making use of the Ecobank Pay, and also help them generate additional revenue by serving as agents of the Express Points that will be set up in the market. Speaking during the unveiling of the Ecobankpay Zone at Alaba market at the weekend, the Managing Director, Ecobank, Mr. Patrick Akinwuntan, said the Ecobank Pay is an innovative, cost-effective and convenient digital payment solution that enables businesses to enjoy quick settlement, grow sales, increase customer loyalty and make it easier for them to expand into new markets. Akinwuntan, said with the EcobankPay, anyone from any bank in Nigeria can pay with MasterPass, mVISA and mCASH with any phone by scanning QR code or using USSD, thus offering traders a faster, easier and more reliable means of collection of payment for goods from customers. He assured that as requested by the traders, the bank would
also set up 500 Express Points in the market to help the small traders among them to save and withdraw while offering the agents opportunity to earn more through commissions. He said: “Your General Secretary has challenged us to have a minimum of 500 Express Points in Alaba and we believe that this market with more than 15, 000 businesses will need more than 500 Express Points. So we will start with the 500 and it will come from each of you. And when you are collecting the money, we will pay you commission. “We want you to be able to do your business while we provide the financial service to you. We want to be next door to you, we want to be with you as Ecobank Pay, we want to be with you as Ecobank Express Point, we want to be with you with our General Secretary, Electronics Section, Alaba International Market Traders Association, Mr. Ben Okwi, thanked the bank for bringing the innovation to them and for co-sponsoring the 40th anniversary of the market held recently. Okwi said: “I sincerely thank Ecobank for this wonderful innovation. When the MD and his team came here last time they mentioned a lot of innovation they had in mind to bring to us here in this market. He said they had Alaba in mind as the number one trade point in the whole Africa.
9mobile Wins Award 9mobile has announced that it was recently recognised as ‘Telecom Company of the Year 2018.’ The telecom company said it received the award from the Leadership Group Limited, publishers of Leadership newspaper, in recognition of its resilience and stability in the face of challenges which the company pulled through over the past two years. While presenting the award to 9mobile during an awards ceremony which took place in Abuja recently, the Group Managing Director of Leadership Group Limited, Abdul Gombe, said the decision to honour 9mobile was reached by an enlarged Board of Editors of the organisation at their meeting. He commended 9mobile for emerging stronger from its many tests including the challenging operating environment, tough regulatory requirements, threat
of take-over by a banking consortium and post-acquisition realities. Receiving the award, the Acting Managing Director, 9mobile, Stephane Beuvelet, commended the Leadership Group Limited for finding the telco worthy of the honour, stating that it would serve as further motivation to the new board and management to continue building a world-class telecommunications company. “Indeed 2018 was a defining year for 9mobile, but we saw it as an opportunity to show our mettle and spirit of resilience. Our appreciation also goes to all our stakeholders – our regulators who worked assiduously to ensure that the transition process was seamless; investors and financial partners that sustained the flow of critical lifeblood that we needed to stay afloat, and our customers who demonstrated loyalty and confidence in the brand,� he added.
BUSINESS EXPANSION
L-R: Vice President, Personal Care Solutions, BASF, Dr. Dirk Mampe; Director of Industry, Lagos State, Mr. Lekan Ogunbowale; Consul General, German Embassy, Lagos, Dr. Stefan Traumann; Head of Sales, Emerging Europe BASF, Mr. Donato Sudati; Director, Drug Evaluation and Research, NAFDAC, Mrs. Ijeoma Nnankwo and Managing Director, BASF West Africa, Dr. Jean- Marc- Ricca, at the inauguration of BASF’s personal care application technology laboratory in Lagos‌recently ETOP UKUTT
Globacom Assures of Last-mile Connectivity with Glo2 Roll Out Emma Okonji Globacom has assured Nigerians of last-mile connectivity that will lead to further reduction in the cost of broadband bandwidth, following the planned rollout of its Glo2 submarine cable outside of Lagos. This, would take connectivity to offshore oil communities in the south-south region. The Group Chief Technical Officer at Globacom, Mr. Sanjib Roy, who made the disclosure at a recent media parley in Lagos, said the planned Glo2 rollout, would boost telecommunication service delivery in the country by providing economic and social empowerment for communities
in oil producing regions, as well as provide high speed internet connectivity in the region that would support 5G rollout. Globacom had in May last year, told Nigerians that it was working with Huawei Technologies to build and roll out its Glo2 submarine cable in the next 18 months. In keeping to its promise, Roy said work on the Glo2 rollout plan has reached advanced stage and would soon be rolled out to boost connectivity, especially in hinterlands for last-mile connectivity. Nigeria has five submarine cables from Europe to the shores of Lagos, including Glo1, but none of the submarine cables have been extended to the
hinterlands to address last-mile connectivity, a situation that has led to high cost of broadband bandwidth and slow speed internet connectivity, which Glo2 seeks to address. According to Roy, the planned rollout of Glo2 would be an extension of Glo1 submarine cable from Lagos to Akwa-Ibom, connecting major oil fields and providing high speed internet to the South-south region. Announcing its additional investment plan for 2019, the Senior Manager, Marketing Communications at Globacom, Mr. Shola Mogaji, said Globacom would be investing in Glo Healthcare, Glo Entertainment Portal, Glo Artificial Intelligence
Services, Glo Mobile Money, Glo Drive and Glo Connect Services, among others, designed to enhance customer experience in 2019. According to Morgaji, the Glo Healthcare is a digital health assistant programme designed to help Nigerians access best global healthcare directly on their mobile phone. It can connect ad much as 300 specialised doctors worldwide, get information on common medical conditions at the click of a button, provides access to information on common health challenges and health advice on public health, and it can track key health parameters like blood pressure (BP), sugar level, among others.
Global Currency Exchange UnveiledOut Sunday Okobi and Hamid Ayodeji A new financial start up, TradeNAIRA, led by a British Nigerian, Martin Nwike, has been unveiled. The management of TradeNAIRA, explained in a statement, that was signed by the London-based businessman, Nwike, that its major goal was to reduce the strain and stress of transferring money between Nigeria and the rest of the world. According to Nwike, “Many Nigerian businesses and individuals find it hard to get
access to traditional banking services all over the world, this stifles people from growing their businesses and taking advantage of the benefits of globalisation. “Through TradeNAIRA, users can open a de facto bank account in the following currencies, United States dollar, British pounds, Euros, Bitcoin and much more. “They can also perform currency exchange between all these currencies in real time.� The statement added that prior to TradeNAIRA, businesses and individuals had to
take extraordinary risks just to pay rents abroad, school fees, remit pensions to their country of retirement and many other necessary life transactions, stating further that many people must undertake these simple but painful transactions every day. Currently, Nwike said the company serves over 45,000 users around the world, adding that “with this number expanding every single day. So far, TradeNAIRA has not raised any money from outside investors and is fully funded by its founder, Nwike.�
He added that “TradeNAIRA’s currency exchange is a market matching platform that works by matching the trade of customers that want to exchange opposing currencies; for example, one user wants to exchange naira to dollars and another user wants to exchange dollars to naira. “Each user enters their own preferred exchange rate to sell and when a matching buyer is found at the rate chosen, the money is exchange automatically and each user receives their required currency.�
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BUSINESSWORLD
ITF Trains 450,000 on Skills Acquisition Seriki Adinoyi in Jos The Industrial Training Fund (ITF) said it has trained over 450,000 Nigerians on various skills in the past three years. The fund also said it has commenced the implementation of its information technology skills empowerment programme in six states of the federation. The states are Imo, Bauchi, Plateau, Kaduna, Ondo and Cross Rivers. The Director General of ITF, Mr Joseph Ari, disclosed this recently, during an interactive session he had with journalists in Jos, Plateau state. He said: “The management of ITF in 2016 unveiled one of its most ambitious plans since establishment tagged the” ITF reviewed vision: Strategies for mandate actualisation.” The six-year plan was divided into quick wins, short, medium and long term. The implementation of the plan commenced in 2016 and would terminate in 2022. “The overriding objectives of the plan was to accelerate he importation of technical vocational skills to Nigerians. “More than two years into its implementation, I am happy to announce to you that it has exceeded expectations by training over 450,000 Nigerians who are today earning sustainable livelihood as paid employees or as entrepreneurs that are employing others,” he said. Ari added that, “The beneficiaries across the country were equipped with skills in trades and vocations such as welding and fabrication, tailoring and fashion designing, event management
and poultry farming among others.” The Director General explained that it was in other to accommodate more Nigerians that the Fund decided to introduce new programmes in the area of information technology which he said was already being implemented in seven states He added: “As an indication of our tempo this year, we have commenced the implementation of an information and communication programme. “The programme is designed to equip Nigerian youths with the needed technology and information skills for job creation.” Ari, also stressed that with the growing number of unemployment in the country, skill acquisition remains the best option at addressing the problem. He called on the state government and other stakeholders to join hands with the ITF in its efforts at job creation and poverty reduction in the country by sponsoring beneficiaries into its programmes and activities. Established in 1971, the Industrial Training Fund has operated consistently and painstakingly within the context of its enabling laws Decree 47 of 1971 as Amended in the 2011 ITF ACT. The objective for which the Fund was established has been pursued vigorously and efficaciously. In the four decades of its existence, the ITF has not only raised training consciousness in the economy, but has also helped in generating a corps of skilled indigenous manpower which has been manning and managing various sectors of the national economy.
Sahara Group, Others Promote SDGs in Africa Sahara Group is set to explore opportunities with Cherie Blair in a bid to enhance sustainable development in Africa through access to technology, education and food security. A statement explained that the Group Managing Director, Sahara Power Group, Kola Adesina, Director, Governance and Sustainability, Pearl Uzokwe and Head, Corporate Communications, Bethel Obioma, met with Cherie Blair and her Omnia Strategy team in Davos, at the recent 2019 World Economic Forum where both parties acknowledged the need for sustained collaboration and involvement of the private sector in the quest to leapfrog Africa into the Fourth Industrial Revolution. Speaking at the meeting, Adesina said Sahara Group, in line with its vision of bringing energy to life, was constantly seeking opportunities to partner reputable institutions in its quest to give wings to the aspirations of individuals and businesses in Africa. According to him, “Sahara has a remarkable precedent of being at the forefront of private sector participation in driving sustainable development. We are currently working with the United Nations on promoting food security in addition to our interventions through the Sahara Foundation. “We are strongly focused
on building an ecosystem that will make Africa competitive, improve the quality of life of our people, and create wealth through alignment with global partners who share our vision and passion. We look forward to exploring possible intervention projects with Cherie and Omnia Strategy.” Blair noted that Africa would need to embrace technology to accelerate development and create systems that will sustain transparency in business and empower the people, especially women. She added that a commitment to good corporate citizenship and focusing on the relationship between business and human rights is increasingly critical to not only companies but consumers and politicians. “I think technology plays a huge role in the development of Africa. We have witnessed a marked improvement in the ease of doing business since the inception of mobile money platforms in Africa. This has improved access to funds for small businesses and seamless payment for services without the intervention of middle men. “Enhancing access to funds through technology is critical to achieving economic development and prosperity. I believe there are many interventions we can establish working with the Sahara Group,” Blair said.
NEWS
‘How to Enhance Job Creation in Nigeria’ Adedayo Akinwale in Abuja A firm, YG-Consult, a consortium of development consultants, has said the exploitation of the potential in Rivers, Niger and Benue States will generate over four million jobs across fourteen states in the country. It also said the ripple effect of exploiting the potential of the two rivers in the area for power generation and expansion of all-year-round farming activities would have on the people and invariably the nation’s economy. The Coordinator of the Consortium, Gabriel Aduku,
said this while addressing a media briefing in Abuja, said the inability of Nigeria to effectively maximise the potential of the country’s abundant resources to combat poverty was responsible or the fragile unemployment terrorism, diseases, dysfunctional infrastructure and the avoidable sufferings majority of Nigerians are exposed to today. According to him, “Poverty has been identified as one of the major causes of insecurity challenges we are currently facing including Boko Haram. By stimulating more agricultural activities through irrigation, we would be redeeming over four
million youths across 14 states from the current unemployment bracket and violent crimes.” To this end, Aduku noted that the development strategies among others been proposed by the firm in executing the project include; evolving a built environment which is compact, integrated, connected and socially inclusive. He added that the planning strategies by the firm among others include; metropolitan development and management plans to guide development of the proposed ‘Niger River Metro Plan’. The coordinator stressed that
metro plans would promote social and economic interdependence of the new development with their surrounding towns and cities and constituting single economy and labour market. Aduku, therefore called on the federal government and the National Assembly to amend and harmonise related laws to support the development of the project. He also urged the federal government to designate Niger-Benue confluence as economic zone for development of smart city and Nigeria iconic dome, and also designate the Niger-Benue trough as Special Development Area.
BREAKFAST MEETING
L-R: Director, Central Securities Clearing Systems (CSCS), Mr. Ariyo Olushekun; Managing Director National Association of Securities Dealer (NASD)/Board Chairman, Mr. Bola Ajomale; Mr. Olutola Mobolurin; Managing Director Niger Delta Exploration and Production Company (NDEP) Dr. Layi Fatona and Managing Director Afrinvest Securities, Mr. Ayodeji Ebo, at a breakfast meeting organised by the NASD in Lagos…recently
Foundation Awards N197m Grant to Boost Free Health, Education Services James Emejo in Abuja The TY Danjuma Foundation has disbursed the sum of N197 million grant to fund 24 projects in health and education across the country. The foundation’s acting Chief Executive, Mr. Gima Forje added that a total of N227 million would eventually be awarded to partner organisations this year, including an additional N30 million which would be disbursed in response to emerging challenges such as disease outbreaks and flooding that may occur in the course of the year. Speaking at the 2019 Grantees’ training and learning conference
in Abuja, the foundation’s acting CEO who presented cheques to selected implementing partners, explained that the disbursement would cover maternal and child health, free medical mission, nutrition, girl child education, support for internally displaced persons, school feeding, and teachers training. He said: “The foundation’s grant-making in 2019 as has been the case over the years is particularly responsive to the needs of undeserved communities in the focal states of the foundation as well as in the new localities where we will be working.” Essentially, the learning conference formally ends a grant
year and provides an avenue to outline lessons learned in the course of the previous grant cycle, and generate feedback from the grantees on how the foundation can make its grants more effective. According to Forje, this year’s projects will be implemented in several locations in 9 states; Akwa-Ibom, Edo, Taraba, Delta, Niger, Kebbi, Bauchi, Plateau, Adamawa, and the Federal Capital Territory; making it a total 32 out of 36 states the foundation has impacted in its humanitarian and developmental interventions. Akwa-Ibom, Delta, and Adamawa are new beneficiaries from the founda-
tion’s grants. The management encourages grantees to judiciously use the fund in implementing agreed projects in a manner that would uplift beneficiaries living at the grassroots in the nine targeted states. Executive Director, Care Vision Support Initiative, Dr. Pokop Bupwatda, which is one of the foundation’s implementing partners in the area of eye treatment, commended the foundation for restoring sight to the hitherto hopeless people. His organisation was one of the beneficiaries commissioned to carry out free complex eye care treatment in Edo, Taraba and other communities.
NANS Names Nnamani ‘Man of the Year’ The National Association of Nigerian Students (NANS) recently declared the President and Chief Executive Officer of Medallion Communications Limited, Ikechuckwu Nnamani, the 2018 ‘Man of the Year’. Presenting the ‘Man of the Year’ award to Nnamani, at a ceremony in Lagos, the Public Relations Officer of NANS, Comrade Jeremiah Olatinwo said Nnamani, who is also the first Vice President of the Association of Telecom Companies of Nigeria was painstakingly selected for the award owing to his effort in the development
of Communications Technology in Nigeria. The award, which NANS refers to as National Outstanding Leadership Award, is in recognition of Nnamani’s outstanding humanitarian service, unwavering commitment to the yearning and aspiration of teeming Nigerians in the provision of top notch, quality and copacetic services cum promoting professionalism and excellent service delivery. “We are here today to celebrate an accomplished and untiring entrepreneur, a committed professional, a proudly
Nigerian and a technocrat of administrative distinction and sophistication, who has developed the Communications Technology through Medallion Communications Limited,” Olatinwo said while presenting the award. He reminded Nnamani that the award was a call for more service to humanity and nation building, adding that available information indicated that Medallion infrastructure had aided learning in several higher institutions in the area of research and eLearning. Accepting the award, Nna-
mani revealed that the award meant so much to him, as he did not even in a dream world expect an award from the student body. “This recognition means so much to me. I appreciate it mostly because it is coming from the student body. What this also means to me is that we are doing something good that is being noticed. “We assure you that we will continue to do our best to improve communications technology to boost the Nigeria’s economy and learning in our higher institutions,” he said.
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T H I S D AY ˾ TUESDAY FEBRUARY 12, 2019
PROPERTY & ENVIRONMENT AfDB, ECOWAS, Sign Agreement for Study on Abidjan-Lagos Highway Bennett Oghifo
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he African Development Bank and the Economic Community of West African States Commission (ECOWAS) have signed an agreement for a study into a 1,000 kilometre highway linking Cote d’Ivoire’s commercial capital Abidjan, to Lagos in Nigeria, marking a new step in building regional integration and trade. The proposed Abidjan-Lagos Corridor Highway, a six-lane (3-lane dual) motorway, will connect the countries via Ghana (Accra), Togo (Lomé) and Benin (Cotonou).The agreement signed Monday for a study on the technical, implementation and operational aspects of the project, comes nearly five years after the presidents of Côte d’Ivoire, Ghana, Togo, Benin and Nigeria, signed a treaty on the establishment of the highway in March 2014. Jean Claude Brou, President of the ECOWAS Commission, Vice President of the ECOWAS Commission Finda Koroma, the Nigerian Ministry of Power, Works and Housing and Chairman of the Ministerial Steering Committee for the Abidjan-Lagos Corridor Highway Development Program, Babatunde Raji Fashola,
attended the ceremony, which took place in Abuja, Nigeria. European Union (EU) Head of Co-operation in Abuja Kurt Cornelis, together with other relevant stakeholders, were also present at the event. The Bank has approved a financing package of US$12.6 million to finance part of the study for project and mobilized a Euro 9.1 million grant from the EU Commission, bringing the total financing for this important study, to US$22.7 million. By linking some of Africa’s largest and economically dynamic cities, the road will promote cross-border trade and integrate fast-growing economies within the ECOWAS. This is expected to contribute to reducing the poverty levels of the population that depends on inter regional trade for livelihood. Ebrima Faal, Senior Director of the Bank’s Nigeria office noted that “the Bank remains fully committed to the 2020 ECOWAS Vision. “We will work closely with the public and private sectors to unlock new sources of growth for Africa, while reducing inequality between countries and within countries. Together, we can unlock the enormous potentials of the West African region and deliver on the Sustainable Development
Goals for the region,” Faal said. Meanwhile, in partnership with the African Development Bank, Korea is ready to step up technology transfers to Africa, officials said in Seoul recently. Speaking at a meeting on potential technology partnerships between Korea and Africa, representatives of Busan Metropolitan City, Busan Techno Park, and Korea’s Green Technology Center said there was huge potential for cooperation and immense opportunities for job-creating bankable projects. The range of business options includes agriculture, green growth, smart urban transportation management, and numerous business opportunities. President of the African Development Bank, Dr. Akinwumi Adesina said, “The Future is going to be an exponentially different future,” and that the Bank intends to “explore the creation of a strategic partnership with Korea that could lead to the creation of a Korea-Africa research and training Drone Center, that could help pave the way for Africa’s 4th Industrial Revolution.” According to Hyung-Ju Kim, Director, Global Strategy Division, Green Technology Center, “Korean expertise can provide a practical and pragmatic solution to a wide
The Sapphire at Blue Water, Lagos
range of Africa’s most pressing technology needs: The African Development Bank could play
a major role here: if we bring technology to the table, the Bank can identify and facilitate
bankable projects that can boost technology cooperation between Africa and Korea.”
Blue Water Lagos Presents Ultimate Lifestyle Community Fadekemi Ajakaiye A high-profile facility for living, work, and recreation, known as Blue Water Lagos project, has been put into the property market. The sturdy Blue Water scheme will cost $165 million to build, while its first phase will cost $25 million. The project, which is being developed by Elalan Group and African Capital Alliance construction and civil engineering companies in Nigeria, defines the ultimate lifestyle community. It attained its topping out stage and this was celebrated in Lagos recently. Blue Water Lagos is providing, contemporary luxury apartments, exclusive resident’s recreational park, internationally branded Retail and leisure mall, as well as Waterfront
living. It is located in the heart of Lekki Phase 1, offering easy access to Victoria Island, Ikoyi District, Banana Island, and other parts of Lekki, within 5-15 minutes’ drive. The Development Manager of Elalan Construction Company Nigeria Ltd., Mr. Kenneth Leech stated that Blue Water Lagos is a contemporary mixed-use development comprising five 17-20 storey residential buildings of 1, 2, and 3 bedroom apartments, a total of up to 600, and penthouses being offered for sale off-plan. The Project, which sits on an expansive 37,000 square metres of sea-view land and beautifully crafted with quality and comfort embedded in its design, was funded by Developers, with no mortgages.
It is 3-phase development of residential building and recreational park; and residential towers situated above a 2 level Retail and Leisure Mall, he said. Blue water Lagos is also providing development facilities, which includes adult and children’s swimming pools, children’s play area, tennis and basketball courts, gymnasiums club lounges, as well as resident’s ventilated underground parking. Its unique selling point is the excellent location, with proximity to Victoria Island, Ikoyi and Lagos Island. Occupation takes place January 2020, he said. Its liveability is enhanced with convenient location of restaurants, shopping, entertainment and leisure facilities within walking distance, he said.
Its innovative design provides energy and water efficient systems, fire alarm and sprinkler protection, water and sewage treatment plants and high-speed broadband service. Also, premises concierge and facility management services with uninterrupted power supply, 24-hour security and access control system will be available. The target market for this project is the single and upwardly mobile individuals, first-home buyers, couples, second home seekers looking for proximity to their workplace, smart property investors, retirees downsizing their housing needs, and Nigerians in diaspora seeking serviced and secure housing as they transition back home. According to him, “Blue
Gate Lagos will make you experience beautiful views of the sea, harmonic waves, and soothing breeze, courtesy its waterfront living, as well as its ample open exterior spaces, gorgeous resident’s recreational park offers interaction with the environment and promotes passive recreation.” African Capital Alliance’s Head of Real Estate, Obi Nwogugu, stated that sales are impressive with “over 35% already committed and paid, 15% negotiating and also paying. We are happy with base of sales.” He said with 20% down payment, upfront, as well as legal and administration fees, balance should be paid in equal quarterly installments over the construction period before December 2019. “With significant capital
appreciation even before construction is completed and good rental yield based on excellent location for rental investments, give rise to safe investment and also offering security and guarantee on investment due to the quality of developers.” Blue Water Lagos apartment’s features include, sun filled spaces made comfortable with efficient cooling, large windows for proper ventilation and amazing views, master bedroom with fitted wardrobes and en-suite shower, fully-fitted air-conditioned kitchens. Also, there are contemporary bathrooms with quality fixtures and fittings, beautiful ceramic tile flooring, energy efficient appliances, private and service balconies, internet and Cable TV wiring connections, among others.
Lifemate Furniture Celebrates Chinese NewYear in Grand Style WEF Report Exposes Urgency It was a joyous celebration for traditional Chinese calendar. In 20% discount on Royal furniture Ping Ping encouraged customers to Increase Water Financing Lifemate Furniture Company, one of the leading furniture brand in Nigeria, as the company celebrated its first Chinese New Year in grand style with customers last week Saturday the 2nd of February 2019 at their head office showroom Plot 1 Ikosi Road Oregun Ikeja, Lagos. The company’s Public Relation Officer, Mrs. Orebayo Ejiemhen said the Chinese New Year, also referred to as the Lunar New Year or Spring Festival, is a holiday that celebrates the beginning of a New Year on the
2019, it is the year of the Pig. According to her, in Chinese culture, Pigs represent wealth and treasure. In the spirit of celebration, the company organised a party and invited both old and new customers to their showrooms nationwide to celebrate the New Year. The New Year party was held in all their branches nationwide (Lagos, Abuja, Port Harcourt, Ibadan and Warri). During the event, customers were giving 50% discount on Home Furniture products and
products. As part of putting smiles in the faces of their loyal customers, the company gave nine days promotional discount sales in this month of February. The discount nine-day promotional sales, is set to run from February 2nd -9th February 2019 in all the furniture showrooms nationwide. The discount sale is part of the New Year celebration. Also, free 10,000 vouch were given to their customers to make furniture purchase. The marketing Manager, FU
during the tour in the showroom to make good use of the opportunity to give their homes the new look they deserve in this year 2019 with Lifemate unique furniture products at a giveaway price. She also added that customers should have no problems in terms of product selection as the showroom has recently been stocked with brand new furniture products with unique designs that will make their homes the envy of their neighborhood.
Environmental factors and water crises are among the most devastating global risks to business and society, as well as the failure to respond and adapt to climate change, including through appropriate funding. Water is the predominant means through which the impacts of climate change and demographic pressure are being felt. Investments in water infrastructure are
both critical and urgent for countries to adapt to these changes, yet efforts in closing the funding gap are currently failing. Through its long-standing work on understanding why financing water is so difficult and fails to attract investors, the World Water Council proposes innovative and bold financing solutions that could help to secure the livelihood of millions worldwide.
5 ) * 4 % ": t TUESDAY, FEBRUARY 12, 2019
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BUSINESS/MONEYGUIDE
Budget 2019: FGAllays Concerns about Oil PriceVolatility Obinna Chima Notwithstanding the volatility recorded by crude oil price since December last year, the federal government has reiterated that there was no cause for alarm about the benchmark price for crude oil in the 2019 Appropriation Bill The government had proposed a $60 per barrel oil price for the proposed budget that has been laid before the National Assembly. The benchmark Brent crude price yesterday closed at $61.51 per barrel and there are prediction that the price might remain weak. But speaking with journalists in Lagos, the Special Adviser to the President on Economic Matters, Dr. Adeyemi Dipeolu, there was no cause for alarm about the crude oil benchmark. “I know it (crude oil price) fell in December 2018 to below $60, but the 2019 budget hadn’t
started yet? But in that same year, it was at $80 per barrel? So, we are looking at the average. “Secondly, oil prices are inherently volatile. A lot of people, and they may even be wrong, are projecting $65-$70 per barrel. “At the time the budget was drawn up, who would have taught oil price would drop to $60 per barrel? Nobody. Don’t forget that the budget was drawn up when crude oil price was about $80 per barrel and it was that leeway that we gave ourselves to still be above $60 per barrel. “I check the oil price everyday this year, it has not fallen below $60 per barrel,� he explained. According to Dipeolu, the challenge for policy marker in the country ought to be how to meet the country’s OPEC quota. With Egina coming on stream, that would be another $200 barrels, taking the country’s daily crude oil production to
about 2.3 million barrels per day. “So, I am not worried about the crude oil benchmark in the budget, because it doesn’t look over ambitious. We were already 2.1 barrels last year, including condensate, and if you remove condensate, we are doing about 1.76 million barrels per day, and that is part of our OPEC quota. “So, I am not too worried about the oil benchmark. Ultimately, a budget is an estimate. So, at the end of the day, the parameters you used were the best figures available to you as at the time you were preparing the budget as conservative as possible. “But the satisfaction for me would be the day we are able to say oil revenues accounts for only minimal per cent of Nigeria’s revenue. “The day we begin to improve tax administration. So, we need to ramp up our revenue and then we can begin to de-emphasise our dependence on oil,� he said.
L-R: Chairman of CreditRegistry, Adeyemi Dare; Chairman of Eko Peril Towers, Mr. Elias Saad; former Deputy Governor of the Central Bank of Nigeria, Mr. Tunde Lemo; Director, Special Insured Institutions, Nigerian Deposit Insurance Corporation, Mr. J.J. Etopidiok and Managing Director/Chief Executive OďŹƒcer of CreditRegistry Mrs. Jameelah Sharrie-Ayedun at the CreditRegistry cocktail that took place in Lagos‌ recently
MARKET INDICATORS
FG Eyes $3bn Diaspora Investment Funding Nigeria expects $3 billion in investment funding from citizens living mainly in the U.S. to support the agriculture, power, mining and transportation sectors, a senior presidential adviser said. The government would support “a diaspora investment fund,� Bloomberg quoted President Muhammadu Buhari’s adviser on diaspora affairs, Abike Dabiri-Erewa, to have said in an interview.
“They’re planning a $3 billion investment in Nigeria. The fund will be driven by Nigerians in America.� Nigeria is seeking investments to diversify its economy away from oil, which currently accounts for about two-thirds of government revenue and more than 90 percent of foreign income. A sharp drop in crude prices in 2014 and foreign-currency shortages that followed led
Nigeria into its first economic contraction in a quarter century in 2016. The government’s focus is primarily on non-oil investments, with mining and agriculture among the top priorities, Dabiri said. She did not say when the fund would be set up. Buhari, who was voted into office in 2015, is seeking another four-year term this Saturday, in a presidential election.
Cellulant Nigeria Appoints Aralepo CFO Nume Ekeghe Pan-African financial technology service provider, Cellulant Nigeria has announced the appointment of Oluwatoyin Aralepo, as its Chief Financial Officer, Nigeria. This announcement was made recently by Mr. Bolaji Akinboro the Co-Founder and Co-CEO of Cellulant Group. He stated that the appointment of Oluwatoyin was consistent with the company’s quest to becoming a robust financial organisation as it continues its journey towards building a $1billion revenue business. Bolaji, in a statement explained: “Oluwatoyin emerged as the best person
for the position of the CFO Cellulant Nigeria and Deputy CFO Cellulant Group after a meticulous search process led by International recruitment agencies. “We are thrilled to have her join the Cellulant team and her experience from the banking & telecoms industry would count in providing strategic financial leadership for the organization.� Oluwatoyin, is a first class accounting graduate. A Fellow of the Institute of Chartered Accountant of Nigeria (ICAN), Fellow of the Institute of Information Management of Africa and an Alumni of the London School of Business and Finance (LSBF), with over 15 years of cognate work experience across Finance strategy and business
partnering, financial planning, analysis & reporting, audit and business assurance, financial controls and governance. She is a very passionate and entrepreneurial role model to young women. “We are excited to have Oluwatoyin with us. We run the largest marketplace and digital financial service platform for farmers in Nigeria & across Africa; finance operations is a huge part of our business, and it is imperative to have the right people who will be able to manage and monitor our operations. “We are confident that she will leverage on her wealth of experience to inspire the finance team to deliver on their mandate,� he added.
Piggybank.ng Now PiggyVest Online savings and investment platform, Piggybank.ng has announced a change of its name to PiggyVest. The promoters described the new trading name as a much broader and holistic financial management platform. The change will be effective from Monday, 11th of February 2019. “Piggybank.ng was launched in 2016, as a savings product. Over the years, they have introduced innovative products, from savings tools like safelock, target and group savings, and PiggyFlex, to insurance products like AvonFlex, as well as others, like the newly-launched TrackIt, which aids customers in becoming more effective at financial management. “In May 2018, the company
closed $1.1 million in seed funding for licence acquisition and product development,� according to a statement. “We are building the future of savings and investments starting in Nigeria. So, we need a name that reflects that,� Co-founder and CEO, Somto Ifezue, said about the decision to change the brand’s name. “This evolution represents PiggyVest’s determination to ensure that their services continuously evolve with the needs of their customers. “They are confident that it will allow them to incorporate a dynamic range of new products into their offerings; to enhance the access their customers have to a variety of financial service solutions; and to ultimately
deepen the value they provide to their customers,� the statement added. Speaking on this announcement, Co-Founder and Chief Operating Officer, Odunayo Eweniyi, said: “Our new identity is more than just a name change. We believe that it captures the essence of our direction as a business and our focus on the needs of our customers. Our new name is symbolic of this direction and it provides a glimpse into the exciting things the future has in store for us and our customers.� Over the years, Piggybank.ng has grown its community to over 195,000 registered individuals who currently save over N1 Billion monthly, and as stated by Joshua Chibueze, Co-founder and Chief Marketing Officer:
MONEY AND CREDIT STATISTICS
(MILLION NAIRA)
NOVEMBER 2018 Money Supply (M3)
31,794,803.44
-- CBN Bills Held by Money Holding Sectors
6,333,064.28
Money Supply (M2)
25,461,739.17
-- Quasi Money
14,773,076.98
-- Narrow Money (M1)
10,688,662.18
---- Currency Outside Banks
1,711,763.59
---- Demand Deposits
8,976,898.59
Net Foreign Assets (NFA)
18,990,400.78
Net Domestic Assets(NDA)
12,804,402.66
-- Net Domestic Credit (NDC)
26,062,986.22
---- Credit to Government (Net)
2,980,229.66
---- Memo: Credit to Govt. (Net) less FMA
7,093,619.43
---- Memo: Fed. and Mirror Accounts (FMA)
-4,144,571.43
---- Credit to Private Sector (CPS)
23,082,756.56
--Other Assets Net
13,258,583.57
Reserve Money (Base Money
6,811,192.37
--Currency in Circulation
2,100,129.91
--Banks Reserves
4,366,259.05
Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹
Money Market Indicators (in Percentage) Month
March 2018
Inter-Bank Call Rate
15.16
Minimum Rediscount Rate (MRR) Monetary Policy Rate (MPR)
14.00
Treasury Bill Rate
11.84
Savings Deposit Rate
4.07
1 Month Deposit Rate
8.82
3 Months Deposit Rate
9.72
6 Months Deposit Rate
10.93
12 Months Deposit Rate
10.21
Prime Lending rate
17.35
Maximum Lending Rate
31.55
Ëž Ă™Ă˜Ă?ĂžĂ‹ĂœĂŁ ÙÖÓĂ?ĂŁ ËÞĂ? Ě‹ ͯ͹Ϲ
OPEC DAILY BASKET PRICE Ëœ Íś Ͱ͎ͯ͡
The price of OPEC basket of fourteen crudes stood at $61.37 a barrel on Friday, compared with $61.57 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela SOURCE: OPEC headquarters, Vienna
31
T H I S D AY ˾ ͯͰ˜ Ͱͮͯͷ
MARKET NEWS
Stockbrokers Reiterate Call for Reconstitution of SEC Board Goddy Egene The stockbroking community has reiterated the need to re-constitute the board of the Securities and Exchange Commission (SEC) and accord the commission a status of independence like the Central Bank of Nigeria (CBN), in line with global best practices. The stockbrokers also urged the federal government to take advantage of
investment opportunities in the capital market to mobilise funds for the execution of development projects, attributing the communication gap between the government and the market as one of the reasons for government’s inability to use the market to revive the economy. The President and Chairman of Council, Chartered Institute of Stockbrokers (CIS), Mr. Adedapo Adekoje, stated the brokers’ position during an
P R I C E S MAIN BOARD
F O R DEALS
interactive session with federal government’s economic team in Lagos. According to him, government’s investment through savings bond and similar asset classes could not fully finance infrastructural deficit, hence the urgent need to float revenue bonds and addition to general purpose bonds. The representative of Vice President and Minister of Industry, Trade and Investment,
S E C U R I T I E S MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N )
Dr. Okechukwu Enelamah, who assured stockbrokers of government’s willingness to partner with the market operators to ensure double- digit growth presented various efforts of the government to ensure sustainable growth of the economy. Enelamah highlighted efforts being made by the government to include: ease of doing business in Nigeria, industrial policy and competitiveness, special economic zones, targeted sector policy
T R A D E D MAIN BOARD
A S
reforms and trade agreements. Also speaking at the session, the Executive Secretary and Chief Executive Officer, Nigeria Investment Promotion Commission (NIPC), Ms Yewande Sadiku explained the efforts being made by the commission to attract investors across the globe into Nigeria through an array of incentives. Speaking on “ Strategies to achieve double-digit growth for Nigeria: The capital market
O F
option,” a past President of CIS, Mr. Mike Itegboje explained that developed economies leveraged on the capital market for economic growth and development. He therefore urged the government to borrow a leaf from countries such as the United States of America and China which deliberately place premium on utilisation of their capital markets for developmental purposes.
0 4 / 0 2 / 2 0 1 9 DEALS
MARKET PRICE
QUANTITY TRADED
VALUE TRADED ( N)
˾ TUESDAY, FEBRUARY 12, 2019
32
Tuesday, February 12 2019
Thisday Afrinvest 40 Index Up 1.26%
THISDAY AFRINVEST 40 INDEX
Yesterday, the Thisday Afrinvest 40 Index gained 126bps to ĐůŽƐĞ Ăƚ ϭ͕ϱϵϯ͘ϱϰ ĚƵĞ ƚŽ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ GUARANTY
Fundamental Performance Metrics for THISDAY AFRINVEST 40 Index
(+0.5%), ZENITH (+2.3%) and FBNH (+1.3%). These stocks
Ticker
ĐƵŵƵůĂƟǀĞůLJ ĂĐĐŽƵŶƚ ĨŽƌ ϯϳй ŽĨ ƚŚĞ ŝŶĚĞdž͘ THISDAY AFRINVEST 40
Local Bourse Extends Winning Streak͙ ASI Up 0.8%
zĞƐƚĞƌĚĂLJ͕ ƚŚĞ ĚŽŵĞƐƟĐ ďŽƵƌƐĞ ŽƉĞŶĞĚ ƚŚĞ ǁĞĞŬ ŽŶ Ă ƉŽƐŝƟǀĞ ŶŽƚĞ͕ ĞdžƚĞŶĚŝŶŐ ŐĂŝŶƐ ĨƌŽŵ ƚŚĞ ƉƌĞǀŝŽƵƐ ǁĞĞŬ ŽŶ ƚŚĞ ďĂĐŬ ŽĨ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ ZENITH (+2.3%), UBA (+4.6%) and UNILEVER (+5.4%). As a result, the All Share Index ;͞ASI͟Ϳ ŝŶĐŚĞĚ Ϭ͘ϴй ŚŝŐŚĞƌ ƚŽ ϯϭ͕ϳϴϭ͘ϴϳ ƉŽŝŶƚƐ͕ zd ƉĞƌĨŽƌŵĂŶĐĞ ŝŵƉƌŽǀĞĚ ƚŽ ϭ͘ϭй ǁŚŝůĞ ŵĂƌŬĞƚ ĐĂƉŝƚĂůŝƐĂƟŽŶ increased by N94.0bn to N11.9tn. On the other hand, ĂĐƟǀŝƚLJ ůĞǀĞů ǁĞĂŬĞŶĞĚ ĂƐ ĂǀĞƌĂŐĞ ǀŽůƵŵĞ ĂŶĚ ǀĂůƵĞ ƚƌĂĚĞĚ ĚĞĐůŝŶĞĚ ďLJ Ϯϰ͘Ϭй ĂŶĚ ϱϯ͘ϳй ƌĞƐƉĞĐƟǀĞůLJ ƚŽ ϱϱϬ͘Ϯŵ ƵŶŝƚƐ
Current Price
Price Price Previous Current Change Change Price Weightin YTD Index to Change g Date
ROE
ROA
P/E
P/BV
Divinden Earnings d Yield Yield
1,593.54
1.26%
3.3%
59.4%
20.3%
7.4%
6.3x
0.8x
4.9%
1
Guaranty Trust Bank PLC
38.85
0.5%
19.8%
12.8%
12.6%
34.1%
5.6%
5.8x
2.2x
6.9%
17.3%
2
Zenith Bank PLC
24.95
2.3%
12.3%
8.2%
8.2%
23.7%
3.4%
4.3x
1.0x
11.1%
23.3%
8.1%
-2.5%
-0.5%
20.1%
9.8%
19.3x
4.1x
5.7%
5.2%
3
Dangote Cement PLC
4
Nestle Nigeria PLC
5
Nigerian Brew eries PLC
6
FBN Holdings Plc
7
Cement Co Northern Nigeria PLC
185.00
-0.3%
1,500.00
0.0%
7.5%
1.0%
1.7%
85.8%
26.3%
27.1x
21.1x
3.2%
3.7%
78.00
0.0%
5.1%
-8.8%
-0.4%
13.8%
6.4%
26.1x
3.7x
4.8%
3.8%
8.10
1.3%
4.9%
1.9%
1.3%
6.6%
0.8%
5.8x
0.4x
3.1%
17.2%
22.05
0.2%
4.7%
13.7%
13.7%
34.2%
19.6%
5.3x
1.6x
5.7%
18.7%
3.6x
0.6x
11.2%
27.6%
0.6x
3.2%
40.3%
9.0%
8
United Bank for Africa PLC
8.00
4.6%
4.2%
3.9%
2.6%
15.4%
1.8%
9
International Brew eries PLC
29.00
-3.3%
3.1%
-4.9%
-7.9%
-23.8%
-3.2%
10
SEPLAT Petroleum Development C
565.50
0.9%
2.9%
-11.6%
-11.6%
25.9%
15.3%
11
Access Bank PLC
12
Ecobank Transnational Inc
12.5%
7.1x 2.5x
7.00
5.3%
3.2%
2.9%
7.7%
14.1%
1.7%
2.9x
0.4x
13.95
1.8%
2.6%
-0.4%
-2.4%
12.1%
1.0%
4.4x
0.5x
-1.2%
34.3% 22.8%
13
Stanbic IBTC Holdings PLC
48.00
2.1%
2.4%
0.1%
0.1%
35.7%
4.6%
7.1x
2.3x
2.1%
14
Unilever Nigeria PLC
39.00
5.4%
2.4%
5.4%
5.4%
24.7%
11.5%
22.4x
2.7x
1.3%
4.5%
15
Lafarge Africa PLC
12.50
0.0%
1.5%
0.4%
4.2%
-53.7%
-7.9%
0.8x
11.7%
-50.4%
14.1%
16
Guinness Nigeria PLC
65.00
0.0%
1.1%
-9.7%
-9.7%
8.5%
4.5%
18.2x
1.7x
2.8%
5.5%
ĂŶĚ Eϱ͘ϲďŶ ƌĞƐƉĞĐƟǀĞůLJ͘ /Ŷ ƚĞƌŵƐ ŽĨ ǀŽůƵŵĞ͕ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ
17
Okomu Oil Palm PLC
85.00
0.0%
1.3%
11.5%
11.5%
39.3%
29.7%
8.1x
2.8x
3.5%
12.3%
ƐƚŽĐŬƐ ĨŽƌ ƚŚĞ ĚĂLJ ǁĞƌĞ ACCESS (101.6m units), UBA (69.9m
18
Total Nigeria PLC
205.00
-7.2%
1.2%
1.0%
1.0%
34.6%
7.5%
7.2x
2.3x
8.3%
14.0%
19
11 PLC
180.00
0.0%
1.1%
-3.0%
-3.0%
38.0%
16.8%
6.0x
2.0x
4.4%
16.6%
20
Flour Mills of Nigeria PLC
20.00
0.0%
0.9%
-13.4%
-9.9%
6.6%
2.0%
9.2x
0.6x
4.9%
10.8%
21
Oando PLC
5.50
10.0%
1.2%
10.0%
14.6%
10.9%
1.7%
4.6x
0.4x
22
Fidelity Bank PLC
2.65
8.2%
1.3%
30.5%
30.5%
11.3%
1.5%
3.5x
0.4x
4.3%
28.9%
units) and DIAMOND ;ϱϮ͘ϲŵ ƵŶŝƚƐͿ ǁŚŝůĞ ƚŚĞ ƚŽƉ ƚƌĂĚĞĚ ƐƚŽĐŬƐ ďLJ ǀĂůƵĞ ǁĞƌĞ ZENITH (N1.2bn), GUARANTY (N1.1bn) and DANGCEM ;Eϳϰϰ͘ϮŵͿ͘
Bullish Sector Performance Sustained ĐƌŽƐƐ ƐĞĐƚŽƌƐ͕ ƉĞƌĨŽƌŵĂŶĐĞ ǁĂƐ ďƵůůŝƐŚ ĂƐ Ăůů ŝŶĚŝĐĞƐ ƵŶĚĞƌ our coverage closed in the green. The Banking Index gained the most, up 1.9% as ZENITH (+2.3%), UBA (+4.6%) and ACCESS (+5.3%) enjoyed buying interest. The Insurance index trailed, up 1.2% on the back of sustained gains in WAPIC (+4.8%) and AIICO (+6.9%). Similarly, the Oil & Gas ĂŶĚ ŽŶƐƵŵĞƌ 'ŽŽĚƐ ŝŶĚŝĐĞƐ ŝŶĐŚĞĚ ŶŽƌƚŚǁĂƌĚƐ͕ ƵƉ Ϭ͘ϲй ĂŶĚ Ϭ͘ϰй ƌĞƐƉĞĐƟǀĞůLJ ĚƵĞ ƚŽ ƵƉƟĐŬƐ ŝŶ OANDO (+10.0%), SEPLAT (+0.9%), UNILEVER (+5.4%) and DANGFLOUR ;нϵ͘ϱйͿ͘ /Ŷ ůŝŶĞ ǁŝƚŚ ŵĂƌŬĞƚ ƉĞƌĨŽƌŵĂŶĐĞ͕ ƚŚĞ /ŶĚƵƐƚƌŝĂů ŝŶĚĞdž ƌĞǀĞƌƐĞĚ ůŽƐƐĞƐ ƌĞĐŽƌĚĞĚ ƚŚĞ ƉƌĞǀŝŽƵƐ ǁĞĞŬ͕ ĂĚĚŝŶŐ Ϭ͘ϯй ĨŽůůŽǁŝŶŐ ƉƌŝĐĞ ĂƉƉƌĞĐŝĂƟŽŶ ŝŶ BETAGLASS (+9.6%).
/ŶǀĞƐƚŽƌ ^ĞŶƟŵĞŶƚ ^ƚƌĞŶŐƚŚĞŶƐ /ŶǀĞƐƚŽƌ ƐĞŶƟŵĞŶƚ ĂƐ ŵĞĂƐƵƌĞĚ ďLJ ŵĂƌŬĞƚ ďƌĞĂĚƚŚ ;ĂĚǀĂŶĐĞͬĚĞĐůŝŶĞ ƌĂƟŽͿ ƌĞŵĂŝŶĞĚ ƐƚƌŽŶŐ Ăƚ ϰ͘ϭdž ĂƐ ϰϭ ƐƚŽĐŬƐ advanced against 10 stocks that declined. The top ŽƵƚƉĞƌĨŽƌŵŝŶŐ ƐƚŽĐŬƐ ĨŽƌ ƚŚĞ ĚĂLJ ǁĞƌĞ OANDO (+10.0%), LASACO (+10.0%) and CADBURY ;ϭϬ͘ϬйͿ ǁŚŝůĞ ƚŚĞ ůĞĂƐƚ ƉĞƌĨŽƌŵŝŶŐ ƐƚŽĐŬƐ ĨŽƌ ƚŚĞ ĚĂLJ ǁĞƌĞ CILEASING (-10.0%), MEDVIEW (-8.1%) and TOTAL (-ϳ͘ϮйͿ͘ ůƚŚŽƵŐŚ ƚŚĞ ĚŽŵĞƐƟĐ ďŽƵƌƐĞ ƉŽƐƚĞĚ Ă ƉŽƐŝƟǀĞ ƉĞƌĨŽƌŵĂŶĐĞ͕ ǁĞ ďĞůŝĞǀĞ this may be short-lived as yesterday͛Ɛ ƐůŽǁĚŽǁŶ ŝŶ ŐĂŝŶƐ
23
Transnational Corp of Nigeria
1.46
9.8%
1.0%
10.6%
13.2%
13.6%
3.0%
6.9x
0.9x
1.4%
14.4%
24
Dangote Sugar Refinery PLC
14.60
1.0%
0.8%
-4.3%
-1.4%
32.6%
16.4%
5.8x
1.7x
8.6%
17.2%
25
Diamond Bank PLC
2.40
2.1%
0.8%
11.6%
-5.8%
-0.7%
26
FCMB Group Plc
2.41
9.0%
0.7%
27.5%
33.9%
8.4%
1.2%
3.2x
0.3x
4.3%
27
UAC of Nigeria PLC
9.50
1.6%
0.5%
-2.6%
-0.5%
0.4%
0.2%
74.7x
0.4x
6.9%
1.3%
28
Sterling Bank PLC
2.50
0.0%
0.6%
31.6%
31.6%
10.6%
1.1%
6.6x
0.7x
0.8%
15.2%
sessions.
(A Dealing Member of the Nigerian Stock Exchange)
-29.2% 31.7%
Presco PLC
60.00
0.0%
0.3%
-6.3%
-6.3%
37.0%
24.8%
2.4x
0.8x
3.3%
42.2%
30
NASCON Allied Industries PLC
18.00
0.6%
0.3%
0.0%
0.0%
47.0%
17.5%
9.4x
4.2x
8.3%
10.7%
31
Forte Oil PLC
29.70
0.0%
0.3%
3.5%
6.1%
84.6%
8.3%
12.2x
2.3x
8.2%
32
Union Bank of Nigeria PLC
6.25
0.0%
0.3%
11.6%
11.6%
5.3%
1.0%
11.3x
0.6x
8.8%
33
Julius Berger Nigeria PLC
26.00
0.0%
0.3%
29.4%
17.6%
17.3%
1.8%
7.2x
1.1x
3.8%
34
PZ Cussons Nigeria PLC
12.60
3.7%
0.2%
4.1%
2.4%
1.2x
1.2%
35
Chemical and Allied Products P
31.75
0.0%
0.2%
-8.9%
-8.9%
66.2%
30.2%
14.8x
9.9x
6.4%
36
Wema Bank PLC
0.76
7.0%
0.2%
20.6%
20.6%
6.6%
0.8%
8.7x
0.6x
37
Beta Glass PLC
72.30
9.5%
0.2%
5.9%
5.9%
17.7%
11.5%
8.8x
1.4x
1.5%
11.4%
38
Dangote Flour Mills Plc
7.50
9.5%
0.2%
9.5%
13.6%
14.9%
4.2%
6.6x
0.9x
2.7%
15.0%
13.9%
6.7% 11.5%
39
Transcorp Hotels Plc
6.10
0.0%
0.1%
0.0%
0.0%
6.9%
3.8%
11.9x
0.8x
2.0%
8.4%
40
AXA Mansard Insurance PLC
2.03
0.0%
0.1%
10.9%
10.9%
10.5%
3.3%
10.6x
1.1x
3.0%
9.4%
T o p 10 G a ine rs T ic k er
P ric e
P ric e C hg %
OA N D O
5.50
10.0%
C A D B UR Y
11.00
10.0%
LA SA C O
0.33
10.0%
T R A N SC OR P
1.46
9.8%
M C N IC H OLS
T o p 10 T ra de s by V o lum e Vo lum e
P ric e C hg %
A C C ESS
T ic k er
101.6
5.3%
UB A
69.9
4.6%
D IA M ON D B N K
52.6
2.1%
Z EN IT H B A N K
46.5
2.3%
0.45
9.8%
T R A N SC OR P
45.1
9.8%
72.30
9.5%
F ID ELIT YB K
41.4
8.2%
D A N GF LOUR
7.50
9.5%
GUA R A N T Y
29.4
0.5%
FCM B
2.41
9.0%
FB NH
26.2
1.3%
NNFM
4.30
8.9%
UA C -P R OP
19.7
6.1%
M B EN EF IT
0.25
8.7%
FCM B
16.0
9.0%
T ic k er
Value
P ric e C hg %
Z EN IT H B A N K
1152.3
2.3%
GUA R A N T Y
1146.5
0.5%
D A N GC EM
744.2
-0.3%
A C C ESS
700.2
5.3%
UB A
547.1
4.6%
B ET A GLA S
T o p 10 Lo s e rs P ric e
P ric e C hg %
C ILEA SIN G
T ic k er
8.14
-10.0%
M ED VIEWA IR
1.70
-8.1%
205.00
-7.2%
UN ION D A C
0.27
-6.9%
J A IZ B A N K
0.50
-5.7%
T OT A L
T o p 10 T ra de s by V a lue
0.20
-4.8%
FB NH
212.7
1.3%
29.00
-3.3%
WA P C O
155.0
0.0%
NP FM CRFB K
1.50
-3.2%
SEP LA T
133.3
0.9%
N EM
2.46
-1.6%
D IA M ON D B N K
125.7
2.1%
185.00
-0.3%
F ID ELIT YB K
106.7
8.2%
IN T B R EW
D A N GC EM
Afrinvest Securities Limited (RC 603 315)
0.3x
29
J A P A ULOIL
ŝŶĚŝĐĂƚĞƐ ƉƌŽĮƚ-ƚĂŬŝŶŐ ĂĐƟǀŝƟĞƐ ŵĂLJ ďĞŐŝŶ ŝŶ ƐƵďƐĞƋƵĞŶƚ
21.8%
Investment Research
Brokerage Ayodeji Ebo | aebo@afrinvest.com
Robert Omotunde |
Bolaji Fajenyo | bfajenyo@afrinvest.com
Jolomi Odonghanro | jodonghanro@afrinvest.com
romotunde@afrinvest.com
33
T H I S D AY ˾ ˜ ͺ˜ ͺͷ
MARKET NEWS
Flour Mills of Nigeria Raises N6bn via Commercial Paper Goddy Egene In a bid to support its shortterm funding needs, Flour Mills of Nigeria Plc is raising N6 billion in the sixth series of its N100 billion Commercial Paper(CP) programme. The tenor is for 180 days while the effective yield is 14.7 per cent. The offer, which opened last Thursday, will close tomorrow.
Flour Mills, which used to spend heavily on finance costs due to high bank charges, last year injected equity funding of N40 billion into its through a rights issue. That moved paid off for the company in its nine months results when finance cost reduced by 34 per cent to N16.5 billion, from N25.2 billion of the same period last year. According to the company,
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
the reduction is due to settlement of overdraft facilities and replacement of high interest yielding loans with more favorable loans. Flour Mills of Nigeria Plc last week reported a profit after tax of N7.895 billion for the nine months ended December 31, 2018, down from N13.247 billion recorded in the corresponding period of the previous year.
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 08Feb-2019, unless otherwise stated.
The profit was recorded from a revenue of N400.6 billion compared with N427.508 billion in 2017. According to the company, the drop in revenue was disappointedly related to the logistic upheavals posed by the traffic challenges in Apapa. Commenting on the result, the Group Managing Director, FMN, Paul Gbededo, said:“The
results are largely a reflection of our focus on driving volume growth while improving operational efficiency and ramping up strategic marketing and promotional activities to win over new market segments in our food business. Despite the devastating effect of the traffic congestions in Apapa on our operations, we are quite positive that we will see improvements
across major business segments before the close of the financial year as we continue to focus on delivering on our promise of quality to our consumers.” The company noted that continued strong sales and brand building focus has ensured a further growth in market share and strengthened the group’s market leader position within the flour market.
Offer price: The price at which units of a trust or ETF are bought by investors. Bid Price: The price at which Investors redeem (sell) units of a trust or ETF. Yield/Total Return: Denotes the total return an investor would have earned on his investment. Money Market Funds report Yield while others report Year- to-date Total Return. NAV: Is value per share of the real estate assets held by a REIT on a specific date.
DAILY PRICE LIST FOR MUTUAL FUNDS, REITS and ETFS MUTUAL FUNDS / UNIT TRUSTS AFRINVEST ASSET MANAGEMENT LTD aaml@afrinvest.com Web: www.afrinvest.com; Tel: +234 1 270 1680 Fund Name Bid Price Offer Price Yield / T-Rtn Afrinvest Equity Fund N/A N/A N/A Afrinvest Plutus Fund N/A N/A N/A Nigeria International Debt Fund N/A N/A N/A ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.86 0.86 1.90% ACAP Income Funds 0.62 0.62 11.18% 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 13.22% AIICO Balanced Fund 2.25 2.28 1.33% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund 102.67 103.40 1.47% AXA Mansard Money Market Fund 1.00 1.00 12.96% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 13.98% Paramount Equity Fund 11.67 11.97 -0.34% Women's Investment Fund 101.82 104.43 -0.73% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 12.75% Cordros Milestone Fund 2023 100.06 100.48 Cordros Milestone Fund 2028 101.79 102.38 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 13.20% Coronation Balanced Fund 0.85 0.86 Coronation Fixed Income Fund 1.15 1.15 2.33% 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 12.41% 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 1,207.99 1,208.76 1.90% FBN Heritage Fund 145.00 146.26 1.11% FBN Money Market Fund 100.00 100.00 14.13% FBN Nigeria Eurobond (USD) Fund - Institutional 115.42 115.78 1.34% FBN Nigeria Eurobond (USD) Fund - Retail 115.39 115.75 1.57% FBN Nigeria Smart Beta Equity Fund 151.73 153.96 1.15% 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 1.22 1.24 -0.02% Legacy Debt Fund 3.29 3.29 1.27% Legacy USD Bond Fund 1.03 1.03 0.48% 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 2,987.07 3,016.84 0.09% Coral Income Fund 2,797.27 2,797.27 2.14% 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 12.92% Nigeria Entertainment Fund 108.37 108.83 0.78% 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 13.43% Vantage Balanced Fund 2.19 2.21 1.70% Vantage Guaranteed Income Fund 1.00 1.00 15.25% Kedari Investment Fund (KIF) 121.52 121.72 -2.72%
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 1.16 1.18 1.18% Lotus Halal Fixed Income Fund 1,085.70 1,085.70 1.52% 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 11.53 11.62 0.21% 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 1.36 1.39 6.92% PACAM Fixed Income Fund 12.41 12.47 1.70% PACAM Money Market Fund 10.00 10.00 12.53% 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 121.58 122.14 0.70% 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 1.02 1.02 1.56% 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 2,346.74 2,361.02 3.58% Stanbic IBTC Bond Fund 191.98 191.98 2.28% Stanbic IBTC Ethical Fund 0.96 0.97 1.58% Stanbic IBTC Guaranteed Investment Fund 250.24 250.29 3.27% Stanbic IBTC Iman Fund 164.47 166.27 0.80% Stanbic IBTC Money Market Fund 100.00 100.00 13.17% Stanbic IBTC Nigerian Equity Fund 8,547.66 8,649.86 2.45% Stanbic IBTC Dollar Fund (USD) 1.12 1.12 3.37% 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 N/A N/A N/A United Capital Bond Fund N/A N/A N/A United Capital Equity Fund N/A N/A N/A United Capital Money Market Fund N/A N/A N/A United Capital Eurobond Fund N/A N/A N/A United Capital Wealth for Women Fund N/A N/A N/A 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 11.29 11.44 6.40% Zenith Ethical Fund 12.40 12.52 3.28% Zenith Income Fund 20.89 20.89 8.49% Zenith Money Market Fund 1.00 1.00 11.83%
REITS NAV Per Share
Yield / T-Rtn
5.95 118.53 51.87
-39.35% 0.03% 0.00%
Bid Price
Offer Price
Yield / T-Rtn
10.55 115.29 89.52
10.65 117.78 91.20
-0.01% -1.70% 0.97%
Fund Name FSDH UPDC Real Estate Investment Fund SFS Skye Shelter Fund Union Homes REIT
EXCHANGE TRADED FUNDS Fund Name Lotus Halal Equity Exchange Traded Fund SIAML Pension ETF 40 Stanbic IBTC ETF 30 Fund
VETIVA FUND MANAGERS LTD Web: www.vetiva.com; Tel: +234 1 453 0697 Fund Name Vetiva Banking Exchange Traded Fund Vetiva Consumer Goods Exchange Traded Fund Vetiva Griffin 30 Exchange Traded Fund Vetiva Industrial Goods Exchange Traded Fund Vetiva S&P Nigeria Sovereign Bond Exchange Traded Fund
funds@vetiva.com Bid Price
Offer Price
Yield / T-Rtn
4.27 7.21 14.82 12.52 148.76
4.31 7.29 14.92 12.72 150.76
6.65% -5.31% -0.88% 1.29% 3.61%
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.
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5 ) * 4 % ": t TUESDAY, FEBRUARY 12, 2019
BETTER LIFE FOR NIGERIANS
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Advertorial
INTERVIEW
Orji: Abia’s Equity Charter Is Sacrosanct Former Abia State Governor and Senator representing Abia Central, Theodore Orji, prides himself as a man of equity, having ensured the rotation and transfer of power to Ukwa Ngwa zone. He insists it was in line with Abia Charter of Equity, which has engendered peace in the state. He told Charles Ajunwa and Ahamefula Ogbu that the principle must not be jettisoned and also shared his experience on the field as he campaigns to return to the Senate. Excerpts:
W
hat’s your experience like seeking to return to the Senate? I have seen a lot in the field as a senator and the thing has added to my experience. Before I went to the Senate, my impression, what people told me and what I read about the legislature was that the work of a senator is to make bills for the benefit of your constituency and all Nigerians; to pass motions to arouse the consciousness of the people to things that are on ground; bad that can be changed or those that are good that can be encouraged. But the experience I have in the field is that people do not even know that the function of a senator or a federal House of Representatives member or even that of the State House of Assembly member is to make laws and bills. What they expect is what will come to them from you in terms of projects, empowerment and welfare. How many people have you empowered by training? How many bags of rice you have given to them to feed them? How many people have you taken to the hospital? How many people have you sponsored in certain things? How many people you have given empowerment through training and retraining and how many people have you helped in life? They even expect from a senator the building and construction of roads, water, hospital, electricity, all those jobs that are meant for the executive. But I thank God that I have such projects that I started without knowing that they would help me one day, because for every local government in my constituency, the first thing I do is to tell them what I have achieved in that constituency. I tell them how many people Orji that I have given scholarships, because I have a scholarship scheme that gives 60 scholarships – 10 in each local government and that is to say 60 university scholarships to all the six local government areas in my state in a year. As of now, I have given 180 scholarships. I tell them that I have an eye clinic in Ohafia Street, where we trained an ophthalmologist. I sent him to Bangladesh to learn about laser surgery and when he came back, he asked how he was going to pay me back and I said what you will do is to let us open an eye clinic, where you treat people free of charge for those who have cataract and glaucoma. We bought equipment and shipped them to Umuahia. We opened a hospital, which is functional and I am funding it, doing very well. As at today, he has done 670 successful eye surgeries. It is not even restricted to my local government alone, it is open to anyone from anywhere with an eye problem. For complex surgeries, he charges a token to cover drugs and other medications but majority of the surgeries are free. We have decided that if I go back to the Senate, we are going to expand it to cover hypertension and diabetes, because of the prevalence of these diseases. For the scholarship, we are going to expand it to include Master’s programmes, because it is presently for first degree and the funding for those going for master’s programme will be higher than those undertaking first degree. I have constructed solid roads in different localities like Umuariaga Road in Ikwuano, which I funded while the ones in Umuahia North, I attracted two roads through constituency project. In Isiala Ngwa South, I also attracted a road through constituency project. In Isiala Ngwa North, there is a hall for the women, which we refurbished. In other constituencies, I am building halls for them, renovating and fencing schools. In Umuahia, I have about three schools I am fencing. My Alma-mater, St. Michaels Primary School, I added new blocks and reticulated water there, the same thing in Isingwu. These are things that people want to see and when you go and cannot point at what you have done physically for them, they see you as a failure. You don’t go and tell them that you have passed 30 bills and 30 motions. Though it is good, to these people, it virtually doesn’t mean anything to them. What means something to them is what I have told you. That is where we are concentrating now even though we still do our duties but welfare of the masses is very important. Keke NAPEP costs almost N1 million now and people are anxious to have it, because of unemployment. When you buy it and give to a person, he will use it to
feed himself and his family and it will go down the line. Is that not making the quest for political office expensive? Yes, it is but what would you do? You have the opportunity to have this position. God has put you in that position and it is the prayer of these people that you are there, so, you have to task yourself, not that you have to go and steal, no, you have to task yourself to do those. If you come to a community and you want to empower people, if your money can empower 20 people, you do that so that they will appreciate that you have them in mind. But you have to manage the people and manage yourself because it is for the people that you are there, not for yourself. You have been harping on Abia Charter of Equity. What exactly do you mean? Equity is the foundation of Abia State and if you listen very well, you hear them call me the father of equity, because during the creation of the state, our founding fathers wrote what we know as Charter of Equity. It is documented and in that pamphlet, they told us how to share power for peace to reign especially, governorship and other political offices. Let me give you an example with the governorship, the document said power should rotate among the three zones, Abia North, Abia Central and Abia South and within these three zones you have the two ethnic groups in Abia, the Bende and Ukwa Ngwa people, so, power should not be domiciled in a particular place; it should rotate for peace to reign and since the creation of Abia State, there is no person living or dead who is from Abia South who has been a governor, even during the military, none. The thing has always been Abia North and Abia Central. When I was there and we looked at that document and said it would be good to follow the footsteps of our fathers and somebody has to implement it or it would be a wasted effort and we decided that power had to shift especially, the governorship as it had been domiciled in Abia North for eight years; in Abia Central for eight years and the right thing to do is for it to move to Abia South. Many people were against it and my sin was that I insisted it had to shift to Ukwa Ngwa people and today they see that it has brought peace in the state. We prayed, started the project and succeeded. Today, an Ukwa Ngwa son in the person of Dr. Okezie Ikpeazu is the Governor and they are happy and appreciate me on daily a
basis, because I was the first to do it. A lot of people came lobbying, even those not from Abia South had to change their nationality in order to get it but God helped us and the right person is there. Ngwa people love and honour me for that. They honoured me with the title of Papa Ukwu (Big father). They are even the people pushing me to go back to the Senate and complete my two tenures. This equity does not end with the governorship, it cuts across board. Let me give you a typical example with Abia Central, where I come from. We use to go to the Senate just one tenure. Somebody from Ngwa side will go once and after another person from Umuahia would go for one term and leave. It is this lady called Nkechi Nwaogu that started two terms as senator. After her first tenure, we had problem in the party and wanted to merge and to make peace, concessions were given and one of the concessions was that she should go again. The person that would have gone to the Senate was Acho Obioma but we said okay for peace, we should allow her to go as she was making a lot of trouble and it was agreed and I pleaded with Acho and helped her to go and also helped her to win and she stayed in the Senate for eight years after she had stayed in the House of Representatives for four years making it 12 years on the whole. When I came after her second tenure in the Senate, it naturally became the turn of Umuahia/Ikwuano and I was nominated to go. I went and won even though there was a contest from Ukwa Ngwa people. After this tenure that will end very soon, my people came to me and said the other people went for two tenures and that I had to go twice to complete our turn. I told them I would not go but they insisted I must go, because it is our right and we accepted to fulfill the wishes of my people. Now, from Osisioma, Nkechi Nwaogu jumped out and another Chidi Ajaegbu also came out that they are contesting for the Senate, jettisoning that charter of equity that it is the turn of Umuahia. Based on that equity, Ngwa people cannot have governor and senator at the same time while the Umuahia people have none. We said Ikpeazu should complete his second term while Umuahia people have their turn and I have made a categorical statement that if I will and go to the Senate, in 2023 I am off and I challenge those contesting with me to tell me when they will retire from politics so that I will give effect to the Not-Too-Young Act, so younger people can go and become senators, because if I continue to stay there, there will be no vacancy for the younger ones. Those saying they have experience have no good argument, because if a new person goes there, he garners experience too. You don’t have to die with experience but allow it to move to younger ones. Please, help me ask Nwaogu, what she wants in the Senate after going for two tenures? How many bills and motions have you sponsored in the Senate? Many of them, they are all on my compendium on my scorecard. All my bills and motions are there. I will give you, but among the ones that excite me the most is the Abia State Polytechnic in Aba, which we are asking the federal government to take over and make it a federal polytechnic, which has gone all the hog awaiting presidential assent and when that comes on board, it is a major thing that will turn around Abia State. Not that the other ones are not important, because I also have the Food Security Bill to my advantage and many others. Why that of the polytechnic excites me is that it will serve people from this zone and beyond, even nationally! What is your expectation from the electorate? My expectation from the electorate is that they are going to vote their conscience, for somebody they feel values them, for someone who has touched their lives, not those who deceived them especially, in Abia State. They should go for those who will represent them well. They should vote for PDP.
5 ) * 4 % ": t TUESDAY, FEBRUARY 12, 2019
36
Did You Know? The Man, Buhari - Beyond the Slander and the Misconceptions.
v
Òs‚ºør‚øs‚ßhe‚ú›nsߨßàߨ›n‚ Òs ºør øÛÛ›âs‚Üe‰‚—‚âØÛÛ‚ßr¡‚ß›‚ensàre‚ ßhøß‚ßhere‚Øs‚resœ›nsØùÛe‚øn¸‚ øúú›ànßøùÛe‚»›áernønúe‚øß‚ øÛÛ‚ÛeáeÛs‚›º‚»›áernÜenß‚Øn‚ ßhe‚ú›ànßr¡Î ”›r‚—‚âØÛÛ‚n›ß‚høáe‚Úeœß‚Ü¡‚ ›ân‚ßràsß‚âØßh‚ßhe‚NØ»erØøn‚ œe›œÛe‚غ‚—‚øÛۛₛßhers‚øùàse‚ ßheØrs‚àn¸er‚Ü¡‚âøßúhÎw
- Muhammadu Buhari
WITH BUHARI, THERE ARE NO EXTREMES... THE ONLY EXTREME THERE IS, IS HIS LOVE FOR NIGERIA. CHARACTER A Different Kind of Politician - He personifies humility and contentment. He still lives in his old bungalow in Daura and keeps his old furniture. He does not personalise government and gives his Vice President free hand in running duties under his charge and hands over to him when he is not around. REPUTATION A man of integrity who runs a prudent and open government. He served Nigeria as Governor of North Eastern state in 1975; as Federal Commissioner of Petroleum and Natural Resources in 1976; as a Military Head of State in 1984; as Chairman of the Petroleum Trust Fund (PTF) in 1994; and now, as President without any dent to his reputation in over forty years of public service. RELATIONSHIPS Despite being a Muslim, he accepts people of different ethnicity and creed. His personal driver for over 10 years is a Christian. His pilot is a Christian and from the Igbo ethnic group; and a lot of his domestic staff are Christians.
He is trusting and can be trusted. His love for Nigeria is unquestionable.
The Time is Now...
Buhari / Osinbajo
CHANGE IS A PROCESS. BUHARI IS ON COURSE.
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TUESDAY FEBRUARY 12, 2019 ˾ T H I S D AY
INTERNATIONAL
Kagame Steps down, Sisi Takes over as African Union Chairman Rwandan President Paul Kagame, who led an active, reformist tenure as African Union chair, has passed the baton to Egypt, seen as more likely to focus on security issues than expanding the powers of the body. Egyptian President Abdel Fattah al-Sisi will officially take over the post of ceremonial head of the AU which rotates between the five regions of the continent at
the start of the two-day summit in Addis Ababa. The meeting got underway after a ceremony inaugurating a commemorative statue of the late Ethiopian emperor Haileselassie I at the AU headquarters, in honour of his role in the formation of the continental body. While multiple crises on the continent will be on the agenda of heads of state from the 55 member
UN Envoy Condemns Slaying of Israeli Woman The United Nations’ Mideast envoy on Monday condemned the slaying of a young Israeli woman allegedly by a Palestinian near Jerusalem recently. “I’m appalled by the horrific murder of 19-year-old Ori Ansbacher, by a Palestinian perpetrator,’’ UN Special Coordinator for the Middle East Nickolay Mladenov tweeted on his Twitter account. He echoed Israel’s demand to the UN to condemn the killing. “Such brutal acts must be condemned by all, there is no justification for violence and terror,’’ he tweeted. Mladenov also sent his “deepest condolences” to the victim’s family. Also, the suspect, Arafat Erfaiyeh, was remanded in custody after a short hearing at the Jerusalem Magistrate Court, where he appeared with bruises
on his face. He will appear again before a judge in February. On Sunday, Israel’s Shin Bet internal security agency said that it believes Erfaiyeh carried out the killing following his questioning. The Shin Bet said that according to the investigation, the killing was a nationalisticallymotivated “terror attack.” Ansbacher, a resident of the West Bank settlement of Tekoa, was a volunteer at a youth centre in Jerusalem. She was killed after walking in the woods near the youth centre on Thursday. Erfaiyeh, a resident of the flashpoint city of Hebron, was arrested on Friday in Ramallah. However, most of the details of the investigation are under a police gag order.
nations, the summit will also focus on institutional reforms and the establishment of a continent-wide free trade zone. The Continental Free Trade Area (CFTA) was agreed by 44 nations in March 2018, but only 19 countries have ratified the agreement, with 22 needed for it to come into effect. The single market is a flagship of the AU’s “Agenda 2063” programme, conceived as a strategic framework for socioeconomic transformation. Cairo is backing the initiative, but analysts say it will be less likely to focus on the financial and administrative reforms pushed by
Kagame. Sisi is however expected to focus more on security, peacekeeping and post-war reconstruction, issues closely tied to the AU’s 2019 theme of “Refugees, Returnees and Internally Displaced Persons”. “Egypt has an interest in Africa, they want to strengthen their position on the African continent and they don’t want to be seen as a country only focused on the Arab world,” said Liesl Louw-Vaudran, an analyst at the Institute for Security Studies. United Nations SecretaryGeneral Antonio Guterres said Saturday that peaceful elections
in DR Congo, Mali and Madagascar, as well as peace deals in South Sudan and the Central African Republic and the truce between Ethiopia and Eritrea, were signs of a “wind of hope” on the continent. Kagame, who has been leading institutional reforms since 2016, pushed for a continent-wide import tax to fund the AU and reduce its dependence on external donors, who still pay for more than half the institution’s annual budget. But member states have resisted this along with reform of the AU Commission, its executive organ. In November
2018, most states rejected a proposal to give the head of the AU Commission the power to name deputies and commissioners. Like other regional heavyweights Nigeria and South Africa, Egypt is not keen on a powerful AU, an African diplomat told AFP. This is especially because Cairo has “never forgotten” its suspension in 2013 after Egypt’s army deposed Islamist president Mohamed Morsi, who in 2012 became the country’s first democratically elected president, the diplomat said.
US Still Probing Journalist Khashoggi’s Murder, Says Pompeo The U.S. government will continue investigating the murder of Saudi journalist Jamal Khashoggi, Secretary of State Mike Pompeo said during a visit to Hungary on Monday. “America is not covering up for a murder,” he said, adding that the U.S. would take more action to hold accountable all those responsible for Khashoggi’s death.
The U.S.-based Saudi journalist was slain inside the Saudi consulate in Istanbul in October. After initially denying his death, Saudi Arabia has confirmed that its agents killed him, however, denied its senior leaders were behind the killing. The Trump administration had faced a Feb. 8 deadline to submit a report to Congress on who was
responsible for Khashoggi’s death and whether Washington would impose sanctions on those behind the killing. On Friday, a State Department representative said Pompeo had briefed U.S. lawmakers on the murder investigation, however, gave no other details. Democratic U.S. Senator Tim Kaine, a member of the Senate
Armed Services and Foreign Relations committees, on Sunday said the required report was not submitted. “This amounts to the Trump administration aiding in the cover-up of a murder, America should never descend to this level of moral bankruptcy,’’ Kaine said in a statement on Sunday.
Report: EU Elections Could Hand New Power to Populists A strong showing at the European Parliament elections in May 2019 could give the European Union’s populists powerful tools to advance their agenda even if they remain in the minority, a new report said on Monday. The European Council on Foreign Relations (ECFR), a
pro-EU think-tank warned that the share of far-right and rightwing eurosceptic lawmakers in the EU legislature was projected to rise from the current 23 per cent to 28 per cent. ECFR noted that it could even increase to over 30 per cent. “Its research is based on data
published on Jan. 3 by the Poll of Polls, an aggregation project. “If they cross the one-third threshold, this would signify a qualitative change in the EU,’’ Susi Dennison and Pawel Zerka of the ECFR wrote in Monday’s report. They found that by gaining control of 33 per cent of seats,
populist parties would be able to influence top appointments to the European Commission. They also found that they would be able to thwart ruleof-law proceedings against EU member states, such as the one launched against Hungary in 2018.
BOIS
BUHARI/OSINBAJO IDEOLOGY SUPPORTERS, SWITZERLAND
VOTE FOR
PROGRESS
BUHARI
OSINBAJO
We, BUHARI/OSINBAJO IDEOLOGY SUPPORTERS (BOIS), SWITZERLAND, a group of Nigerians in diaspora, based in Switzerland that support good Governance, solidly support the re-election bid of the president and his vice to continue the progressive change in our country Nigeria. We firmly believe in their leadership because they are both men imbued with integrity and transformational capabilities, to which they have employed to manage our commonwealth judiciously, while working and taking the nation to the NEXT LEVEL.
RESTORING HOPE TO A NATION
16 FEBRUARY, 2019
VOTE BUHARI/OSINBAJO
Signed: Engr. Niyi Agbelese, Switzerland
TUESDAY FEBRUARY 12, 2019 ˾ T H I S D AY
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Buhari Warns Perpetrators of Electoral Violence DSS assures of adequate security during elections
Alex Enumah and Adedayo Akinwale in Abuja President Muhammadu Buhari has again warned that sponsors and perpetrators of electoral violence in the forthcoming elections will face the law, no matter how highly influential they are. In a related development, the Department of State Services (DSS) has assured Nigerians as well as foreign nationalities participating as observers in the forthcoming elections of adequate security before, during and after the general election. The President, who was represented by Nigeria’s Ambassador to the Republic of Congo, Deborah Iliya, gave the warning in Southern Kaduna, during the women conference of the First African Church Mission, held in Zuturung, Gada Biyu,
Zango Kataf Local Govt Area (LGA), with the theme: “I Will Help You”. The President described those who sponsor election violence as unpatriotic, advising the citizens to embrace peaceful conduct, shun political thuggery and other forms of crisis. “The President is a man of peace and bridge builder. Though he has been greatly misunderstood by many because of his fight against corruption, but he means very well for Nigeria, he is a respecter of every religion and tribe. “Those who sponsor and perpetrate violence in the 2019 elections will face the law, no matter how highly influential. Let me also say that Nigeria is our country, we do not have any other place called Nigeria. This country will not be sacrificed
on the altar of violence”, the ambassador stated. The President who also solicited for the support of the people of Southern Kaduna in his re-election agenda said that “I’m not an apostle of bloodshed; no, I’m not available for violence.” The President added, “On the front burner of the agenda of the present administration is the provision of adequate security to the citizenry. This, the President has since demonstrated, by equipping the various security agencies, so that they would always act more efficiently. “Our youths are the leaders of tomorrow and so, they must shun any invitation meant to use them for violence. As you all prepare for the general election, please
come out, and cast your votes. Do not exchange your Permanent Voters Cards (PVCs) for money. Your PVC is your power, come out, exercise your franchise and ensure your vote counts,” he said. On its part, the DSS in a statement appealed to all to be law-abiding and adhere strictly to the electoral guidelines in order to ensure peace during the polls. “The service commits itself to the provision of adequate security throughout the period of the electoral process”, the statement read. The secret service urged politicians and youth to shun all acts of violence calling on observers to keep to the fundamentals and principles of election monitoring as allowed by law and global
best practice. “Without doubt, the Electoral Act is clear on the roles of stakeholders. The common aim of all and sundry should be for Nigeria to hold successful elections that will be adjudged free, fair, transparent and credible and accepted nationally and internationally. ‘’Everyone is urged to conduct themselves properly before, during and after the elections and avoid actions that may cause breakdown of law and order. “On its part, the DSS will professionally discharge its statutory mandate which, among others, is to detect and prevent threats and crimes against the internal security of Nigeria. Also, it will appropriately engage
stakeholders. ‘’This is for the protection and success of the elections. Therefore, ensuring security that will make the electoral process noble and acceptable to participants and their supporters is uppermost to the service”, spokesperson of the DSS, Peter Afunanya said. He warned against the use of fake news, incendiary or hate speeches designed to whip up dangerous ethnic, religious and/ or political sentiments capable of stoking the embers of violence. He urged members of the public to endeavour to reach the DSS on the following telephone lines and e-mail address: 07055655591; 09030002189 and dsspr@dss.gov.ng if and when the need arises.
42 Political Parties Threaten to Boycott Final Peace Accord Signing Udora Orizu in Abuja The chairmen of 42 political parties have threatened to boycott or stage a walkout during the signing of the final peace accord ceremony billed to be witnessed by a former President of the United States of America, Bill Clinton on Wednesday, unless the National Peace Committee includes conditions for free, fair and credible elections in the accord. These parties made their position known in a press statement signed and issued by the Chairman, Action Peoples Party, Ikenga Imo Ugochinyere; Chairman, Alliance National Party, Asiwaju Shittu; Chairman, Peoples Coalition Party, Anthony Harmattan, and Chairman, Action Alliance (AA), Kenneth Udeze, for themselves and on behalf of the 42 concerned political parties. They demanded that INEC and security agencies must not exclude opposition parties’ agents from collation venues from polling units, to the final collation level. According to the political parties, “It must be included in the accord that the security agencies should not arrest leaders
of the opposition parties few hours to election as was done in Osun State guber election. It will be a breach of the accord for any security agencies to arrest agents of opposition parties or stop them from accessing the venue of election and collation.” The parties, as part of their demand, are insisting that accreditation must be done with party agents physically monitoring the identification of the voters. “INEC should be allowed by security agencies to do their work without interference in accordance with the Electoral Act. No result shall leave the polling unit without being announced and pasted on the wall in accordance with the Electoral Act,” they said. The political parties are also demanding that politicallymotivated police postings should be discontinued and reversed like the case of the posting of the security aide of APC chieftain, Bola Tinubu as Kwara State Commissioner of Police. “INEC must ensure unrestricted access to agents of parties fielding candidates to the situation room and pilot phase of e-collation at all levels of collation up to National Headquarters to ensure transparency,” they added.
Clinton CancelsVisit to Nigeria A former United States President, Bill Clinton, has canceled his trip to Nigeria ahead of Saturday’s general election, saying the visit could be misinterpreted politically. Clinton and Secretary-General of the Commonwealth, Baroness Patricia Scotland, had been named dignitaries for the goodwill messages at the signing of a National Peace Accord scheduled to take place at the International Conference Centre in Abuja, tomorrow, February 13. The former US president had called off his own participation, citing fear that his presence might be politicised. Yesterday, the ruling All Progressives Congress (APC) had accused the United States Ambassador, Stuart Symington; and other western ambassadors
of partiality and tacit support for the presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar. Clinton and Scotland’s planned trips were facilitated by the Kofi Annan Foundation and the National Peace Committee. A press statement signed by Clinton’s spokesman, Angel Ureña, states, “Over the course of the last several days, and after various conversations with the different stakeholders, it’s become apparent that President Clinton’s visit to Nigeria has the potential to be politicised in a way that is not in line with the goals of the committee. “Therefore, he will not be traveling to Abuja.”
GRAND RALLY...
President Muhammadu Buhari (left), exchanging greetings with National Leader, All Progressives Congress (APC), Bola Tinubu at the party’s presidential campaign rally held at Metropolitan Ground, Asa Dam road, Ilorin… yesterday
Ex-Deputy Senate President Condemns Attacks on INEC’s Offices Adedayo Akinwale in Abuja A former Deputy Senate President, Senator Ibrahim Mantu, has condemned the attacks on the Abia and Plateau States’ offices of the Independent National Electoral Commission (INEC), saying the act should be condemned by all Nigerians. Mantu, while speaking at a book launch yesterday in Abuja titled: “The Legacy of Atiku Abubakar on Nation Building,” written by Chukwudi Omordi Eke, said 20 years after the country
returned to democratic culture and principles, democratic ideals have not been deepened. “Every Nigerian citizen should be worried about things that are happening unlawfully. Any bad thing that is bad should be condemned by everybody; it doesn’t matter which party you belong to. Are you happy that INEC office was burnt? The answer is no, we should all condemn it.” Mantu added that the time has come to move Nigeria forward, saying that Nigeria cannot move
forward if people refused to do things as stated by the constitution. “For a long time we have had uninterrupted democratic rule from 1999 to 2019, that’s twenty good years. One would have expected that democratic culture and practices would have been deepened by now and that the way we do things would have been the way it is being done in advanced countries.” “But unfortunately, I’m sad to say that we have not captured the basic principles of democratic practice. In other words internal
party democracy is the beginning of getting things right. If party officials are elected in a free, fair, transparent congresses and conventions, the likelihood of such people emerging through such process to govern the party with fear of God and transparently will also be expected. “But when party chieftains emerge through crooked ways, through dubious manipulations, they are not likely to rule the party with transparency. That is one of the things that as a politicians I’m not happy about.”
Supreme Court Strikes Out PDP’s Suit against Kashamu Faction Alex Enumah in Abuja The Supreme Court yesterday struck out an appeal filed by the national secretariat of the Peoples Democratic Party (PDP) against the Senator Buruji Kashamu-backed leadership of the party in Ogun State. A five-man panel of the apex court, presided over by Justice Mohammed Musa Dattijo, struck out the suit on the grounds that the appeal had become statute barred, lifeless and worthless, having been overtaken by the 4th Alteration to the 1999 Constitution. PDP in the appeal had challenged the judgment of Justice Buba Ibrahim of the Federal
High Court, Lagos, and upheld by the Court of Appeal, which conferred recognition on the Dayo Adebayo-led executive committee of the party in Ogun State as the authentic leadership. Counsel to the appellant, Emeka Etiaba (SAN), yesterday, at the resumed hearing, told the court that the matter was not a pre-election matter, but borders on leadership of the PDP in Ogun State. Responding, counsel to the Dayo Adebayo led group, Dr. Alex Izinyon (SAN), insisted that it was a pre-election matter because it relates to the candidate nomination for the next general election.
He drew the court’s attention to ground 8 of the application filed on December 14, 2018 by the appellant for accelerated hearing of the appeal, where the appellant said the subject of the matter is to determine the rightful candidate in Ogun State. He also referred to paragraphs 11, 12 and 13 of the affidavit supporting the application where the appellant also said that the matter is about the determination of which of the two set of candidates that emanated from the parallel executives of the party should be presented to Independent National Electoral Commission (INEC). Izinyon further submitted that the suit has become a mere academic
exercise because it has been caught up with a provision of the 1999 Constitution that a pre-election suit must be filed within 14 days. He added that the appeal, having been filed out of time, has become lifeless, statute-barred and worthless because it cannot confer any benefit on the appellant. The court accepted the submissions by Izinyon and held that the case was a pre-election matter, on which the court no longer has jurisdiction in view of the effect of the 4th Alteration Act. Justice Dattijo in his ruling agreed with Izinyon that the appeal has become statute-barred and lifeless and consequently struck it out.
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Electricity Generation, Transmission Peaks at 5,375MW, Says TCN Peter Uzoho The Transmission Company of Nigeria (TCN) has said the national grid successfully transmitted a new generation peak of 5,375MW on February 7. TCN General Manager, Public Affairs, Mrs. Ndidi Mbah, in a statement issued yesterday in
Abuja, said it was the first time the nation’s power grid generated, transmitted and distributed such quantum of power. She said the attainment of new national peak in power generation, transmission and distribution was a clear indication of the success of President Muhammadu Buhari’s administration’s policy
Rivers APC Guber Tussle: Apex Court Decides Abe, Cole’s Fate Today Alex Enumah in Abuja The Supreme Court would today decide the authentic candidate of the All Progressives Congress (APC), between Magnus Abe and Tonye Cole, in the March 2 governorship election in Rivers State. A five-man panel of the Supreme Court yesterday adjourned to today to deliver judgment on the appeal challenging the judgment delivered by the Port Harcourt division of the Federal High Court, which set aside the two primaries conducted by two factions of the APC in the state. Presiding Judge, Justice Bode Rhodes-Vivour, announced that the apex court would deliver its judgment on the appeal shortly after both counsel for appellant, APC , Lateef Fagbemi and counsel for the respondents, Henry Bello, made their final submissions on the matter. While one of the factions is headed by Transport Minister, Rotimi Amechi, the other is led by Senator Magnus Abe. Fagbemi in praying the apex court to nullify the judgment of the trial court submitted that the trial court had no jurisdiction when it entertained the suit. He also claimed that since the trial court had no jurisdiction, its judgment in the matter amount to
a nullity and should be set aside. Fagbemi specifically asked the Supreme Court to invoke Section 22 of the Supreme Court Act and give final judgment in the matter to end the multiple cases arising from the Rivers State APC primary election. On his part, counsel to the respondents, Bello urged the court to dismiss the appeal of the APC on the ground that it has become a mere academic exercise having been overtaken by event. He argued that by the decision of the apex court on February 8, 2019, which upheld the decision of the trial court and barred APC from primary election, the case of APC had died and should be buried. Bello told the court that the respondents led by Ibrahim Umar who were aggrieved by the violation of the Electoral Act and the 1999 constitution in the manner APC conducted pre- election matters in Rivers, had secured a consent judgment in their favour that the judgment still stands. He urged the court to hold that the instant appeal has become academic exercise. The court after listening to the counsel, said judgement will be given today, while the reasons for its position would be given at a later date.
Ngwa United Alliance Endorses Ikpeazu’s Re-election Bid Sunday Okobi The Ngwa United Alliance, the political arm of Ngwa National Association in United States (NNAUSA), has urged all Abia indigenes to support the re-election bid of the Abia State Governor, Okezie Ikpeazu. The organisation implored Abia people to endeavor to go to the polls on March 2 and vote for Ikpeazu in order to continue his ‘progressive programmes’ in the state. While speaking to journalists at the Sam Mbakwe Airport in Owerri, Imo State, recently before he departed for Lagos enroute to the US, a prominent member of the organisation and its former Chairman, Dr. Obinna Ubani-Ebere, stated that NUA support for Ikpeazu is based on the extraordinary achievements the governor has made during his first term. According to Ubani-Ebere, “Ikpeazu has positively impacted all areas of Abia State enterprise, including road constructions and improvement
in industrial development, education, agriculture, health as well as entrepreneurship and empowerment. “Ikpeazu is a progressive governor and a recipient of several awards for his accomplishments in the state, and no forward looking state fails to return a progressive leader in office.” Ubani-Ebere noted that in addition to his achievements in office, Ikpeazu is the most qualified among all the gubernatorial contenders in the state, asking the Abia electorate to look back at the leadership history of those contesting against Ikpeazu and evaluate their record of services and what they left behind. He stated that Ngwa people in United States are overwhelmingly in support of Ikpeazu’s quest for a second term, adding that equity and justice in the geo-politics of the state also demands that Ikpeazu should complete a second term as governor.
on incremental power. Mbah said the generation peak of 5,224MW, which was also successfully transmitted by TCN was attained on December 18, 2017. “This has now been surpassed by the new peak of 5,375MW.’’ According to her, the present capacity of Generation Companies (GenCos) nationwide is 7,450MW which is expected to significantly increase with the expected recovery of all the generators at Egbin plant by the management of Sahara Energy.
“The capacity of transmission based on the simulation of December. 2018 is 8,100MW. “Since the last simulation, several transformers have been added to transmission,’’ she said. Mbah said with the new combined peak, Distribution Companies (DisCos) had also increased their capacity. She, however, said more work was needed to improve the distribution capacities to fully stabilise the sector. The TCN spokesperson said the company had continued to
upgrade critical transmission infrastructure nationwide with the commissioning of more than 40 power transformers and lines in 2017 and 2018. She said the company had also constructed seven new substations and was diligently pursuing its Transmission Rehabilitation and Expansion Programme (TREP). “As at date, TCN’s wheeling capacity has increased from 5,000MW in 2016 to 7,124 MW in 2017 and 8,100MW in 2018.’’ She said TCN was not only focusing on grid expansion but
also on the quality of the power. The TCN spokesperson said TCN achieved frequency control of between 49.50Hz and 50.50Hz between May 2017 and Nov. 2018 which had not been achieved for the past 20 years. “From Dec. 2018 to date, TCN equally achieved the best frequency control of between 49.75Hz and 50.25Hz for 85 per cent of the time.’’ This, she said was the best frequency ever witnessed in the history of the Nigerian power sector.
CREDIBLE ELECTIONS ON THEIR MINDS...
R-L: INEC Chairman, Prof. Mahmood Yakubu; Leader, Commonwealth Observer Group, and former Tanzanian President, Dr. Jakaya Kikwete; and INEC National Commissioner, May Agbamuche-Mbu, during a courtesy visit by the group to the INEC chairman in Abuja... yesterday JULIUS ATOI
Nigeria Military will Break Boko Haram, ISIS Alliance, Says Buratai Army redeploys 14 senior officers Kingsley Nwezeh in Abuja The Chief of Army Staff, LtGeneral Tukur Buratai, has vowed that the Nigerian military will break the unholy alliance between the Boko Haram terrorists and Islamic State West Africa (ISWA). This is coming as the Nigerian Army yesterday announced new postings and redeployments of 14 senior officers. Buratai spoke yesterday in Abuja when he declared open a two-day maiden “Career planning and management’’ seminar for senior officers. He maintained that the army was making gains in the
counter-insurgency operations in the North-east. “I am glad to note that we are making strides against the Islamic State West Africa or ISWA in our bid to unhinge the unholy union between them and remnants of the Boko Haram terrorists,” he said. Meanwhile, the Nigerian Army yesterday announced new postings and redeployments of 14 senior officers. A statement issued in Abuja said those affected are Col. Onyema Nwachukwu who was posted from Headquarters Theatre Command Operation Lafiya Dole and appointed new Acting Director, Defence Information.
He takes over from Brigadier General John Agim, who has proceeded on retirement. Similarly, Colonel Sagir Musa was posted to the Directorate of Army Public Relations and appointed Acting Director, Army Public Relations. Others affected by redeployment include, Brigadier General NJ Okah who has been posted from Nigerian Army Institute of Technology and Environmental Studies (NAITES) to Army Headquarters Department of Army Logistics and appointed Acting Director of Engineering Services. Brigadier General MA
Masanawa from Army Headquarters, Department of Army Policy and Plans was posted to ACADA and appointed Commander, while Brigadier General HT Wesley has been posted from Headquarters Nigerian Army Ordinance Corps to Army Headquarters Department of Army Logistics as Director of Clothiing and Store. Brigadier General HG Tafida of the Nigerian Army Central Workshop Rigachukwu was posted to Army Headquarters Department of Army Logistics and appointed Director Engineering and Maintenance;
NSE, World’s Worst Stock Market May Spell Trouble for Buhari Hamid Ayodeji with agency report The Nigerian Stock Exchange (NSE) may rally if President Muhammadu Buhari loses this weekend’s election, Bloomberg yesterday quoted analysts at Citigroup to have stated. This, according to the news agency, would end a run that’s seen the stock market fall more than any other in the world in dollar terms since the 76-year-old former general came to office in May 2015. Some foreign investors would prefer a government
led by Buhari’s main challenger, businessman and ex-Vice President Atiku Abubakar, the report stated. But while Atiku has pledged to privatise state assets and float the naira, many are sceptical and point to allegations of corruption around him. In a separate report, Reuters reported that the Nigerian stocks could see a relief rally once Saturday’s presidential election is out of the way and rise as much as 10 percent this year as investors pile back into riskier assets. Investors have tentatively started to pick up shares to position for a post-election rally,
which could help lift Nigeria’s all-share index to 35,000 points this year from around 31,000 now, analysts say. The index fell to 29,336 points last month, its lowest since May 2017, and lost 17.8 percent last year as uncertainty around the election and rate rises in the United States triggered fund outflows from Nigeria. But since the US Federal Reserve signalled late last month that it was in no rush to raise interest rates again, Nigerian equities appear oversold, analysts say. Saturday’s presidential election
is expected to be a tight contest between Buhari and Atiku, as the chances of more than 60 other candidates are seen as slim. Buhari and his Vice, Prof. Yemi Osinbajo, would be hoping that their records on corruption, the economy and security can secure them a second four-year term in office, while Atiku has touted pro-business policies including floating the naira currency. Analysts expect a win by either candidate would spur renewed fund flows into Nigerian equities, after foreign investors pulled $2.1 billion out of the Lagos stock market last year.
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CCT Not Under Presidency, Falana Tells Tribunal Chairman Martins IďŹ jeh A human rights lawyer and Senior Advocate of Nigeria (SAN), Mr. Femi Falana, has warned the Chairman of the Code of Conduct Tribunal (CCT), Justice Danladi Umar, not to reduce the tribunal to an appendage of the presidency, as it is an independent organ of the federal government. In a statement made available to THISDAY yesterday, he said apart from the chairman and members who are appointed by the president on the advice of the National Judicial Council (NJC), the staff of the tribunal were not appointed or seconded by the presidency. Justice Umar, had during the weekend dismissed allegations of judicial misconduct arising from the circumstances surrounding the suspension of the Chief Justice of Nigeria (CJN), Mr. Justice Walter Onnoghen. He also questioned the power of the Federal Judicial Service Commission (JSC) to query him.
He had also stated that the CCT was under the presidency and as such, he and the other two members of the tribunal only report to the president. But Falana said: “With respect, the chairman and members of the CCT are recognised as judicial officers by the constitution. “For the avoidance of doubt, the tribunal chairman shall be a person who has held or is qualified to hold office as a judge of a superior court of record in Nigeria. “By virtue of section 36 (1) of the constitution, the CCT shall be constituted in such a manner as to secure its independence and impartiality.� Falana said, “In Federal Republic of Nigeria v Nuhu Ribadu, the defendant was charged with failure to declare his assets before the CCT. As the defendant’s counsel, we challenged the competence of the tribunal to try our client as it was not independent of the presidency whose Attorney-General was the prosecutor.
“In dismissing the objection, the tribunal made it abundantly clear that it was independent of the presidency. However, the tribunal severed its illegal relationship with the presidency while the then Attorney-General of the Federation, Mr. Mohamned Adoki withdrew the charge. Curiously, Justice Umar who was a member of the tribunal at the material time has turned round to reduce himself to a staff in the presidency,� Falana added. He said in the light of the foregoing, the Federal Judicial Commission was perfectly in order when it queried Justice Umar with respect to the allegation of judicial misconduct levelled against him, adding that since the power of the Federal Judicial Service Commission to recommend to the NJC the removal of the chairman and members of the CCT cannot be exercised without conducting an inquiry into the allegation of judicial misconduct involving federal judicial officers, Justice Umar should be advised
Heads of State Endorse Africa Business Health Forum Regina Ogwuche Heads of States and business leaders will converge in Addis Abba, Ethiopia today, February 12, 2019, to examine opportunities to accelerate economic development and growth of the continent through a healthcare reform agenda that focuses on the wellbeing of employees for a more active and productive workforce. The forum will take place on the margin of the 32nd African Union Summit and will unify Africa’s key decision makers in exploring opportunities for catalysing growth in the continent’s economy, through business partnerships to invest in the health sector According to the Co-chair,
GBCHealth, Aigboje AigImoukhuede ,“African leaders now have a stronger sense of urgency to combat the lack of quality health care that Africans endure. The inequality of healthcare available to Africans compared to people in other parts of the globe is vast and unacceptably pervasive. With the cooperation of both the public and private sectors, there is a huge potential to boost health outcomes with significant financial gains.� Ideated by foremost entrepreneur and financial leader, Aigboje Aig-Imoukhuede and backed by one of Africa’s top business leader and philanthropist, Aliko Dangote, ABHF will identify solutions to Africa’s health challenges with the objective of driving business leadership,
strengthening partnerships, and facilitating investments to change the face of healthcare in Africa. In his remark, President of Dangote Group, Aliko Dangote, said, “African Business Health Forum promises to be a game changer. Our goal is to mobilise private sector capabilities to save millions of lives by focusing on innovation, partnerships, advocacy, and impact investments.� The key highlights of the forum is the launch of the Healthcare and Economic Growth in Africa Report and African Business Coalition for Health (ABCHealth), a coalition that will mobilise a core group of private sector champions through a coordinated platform to advance health outcomes and shape health systems across Africa.
RECOVERED LOOT TO BE REINVESTED, BUHARI REASSURES KWARA ELECTORATE rising political profile of the Senate President. He is always disturbed and frustrated at the mere mention of the name, Saraki. Responding to the insults heaped on him by the chieftains of the APC, including Tinubu and Oshiomhole, the Senate President said yesterday that the insulting statements made against him by the duo were expression of their frustration over the imminent loss of their party in next Saturday’s election. Saraki in a statement by his Media Adviser, Yusuph Olaniyonu, said the APC leaders know that their party will sure lose the presidential and National Assembly elections on February 16, saying that is why in their desperate mood they are only hurling abuses instead of discussing issues and telling the people what they will do for them. According to Saraki, “They came to Kwara State to hurl insults at me and my people, instead of explaining to the people what they want to do differently and what contributions their flagbearers and other leaders in the State have made to our various communities to justify the people shifting their loyalty to their dying party. “They promised nothing concrete that will improve the standard of living of the people and provide infrastructure. They have only come to Kwara to vindicate my position
that they have no good plans for Kwara State and its people. It is obvious that the APC have nothing to offer Kwarans. “They represent nothing good for our people. My problem with them has always been that after we worked with our people to support them to win in 2015, they refused to work on infrastructure and other policy issues that can bring direct benefit to our people.� Speaking on Tinubu’s comments, the Senate President emphasised that “we have never expected any good words from him. All his life, he will continue to belly ache and nurse grudges over my opposition to the Muslim-Muslim ticket idea in 2015. “As far as he is concerned, I stopped him from realising his ambition then. However, I believe my action then and now is in pursuit of national interest. “Again, I supported President Buhari in 2015 because I believe he could make a positive change. I left the party when I realised he lacked the capacity and the desire to make any change. “Tinubu on his own part said though he agreed with me about my assessment of the man, he would continue to support Buhari even if the man had to govern from the hospital stretcher because that is the way he (Tinubu) could become the President in 2023.
“So, while my position is premised on national interest, Tinubu’s is based on his personal interest and ambition. Now that Tinubu’s new speciality is to hurl insults at people like former President Olusegun Obasanjo and former Vice President Atiku Abubakar, focusing on me today is okay if it will help him feel good. “It is surprising that a man like Tinubu will be talking about morality and corruption. This is a man whose disrepute is known both within and outside Nigeria. “This is somebody who personifies everything that is wrong with the Nigerian system. Well, I am not ready to roll in the gutter with him. Unlike them, I will stay on the issues that are germane to national development and the welfare of our people.� Saraki further explained that what Tinubu and Oshiomhole did yesterday was to insult the people of Kwara State who are independent -minded, forward looking, assertive and God-fearing. He added, “On Saturday, the APC will be punished for their bad behaviour. Kwarans will tell them that they cannot take dictates from power mongers, pretenders and hypocrites. The people of Kwara State will never take dictates from selfish individuals. Their evil design will be thwarted on Saturday and March 2�.
to reply the query properly issued and served on him. “If he fails to reply, the Federal Judicial Service Commission
may wish to recommend his removal from office to the NJC pursuant to paragraph 13 (a) of Part 1 of the Third Schedule
to the 1999 Constitution which will in turn make appropriate recommendations to the President,� he said.
Commonwealth Group to Submit Interim Report on Nigeria’s Poll February 18 Olawale Ajimotokan in Abuja The Commonwealth Study Group has announced that it would submit an interim report on Nigeria’s presidential election on February 16. The group is chaired by former President of Tanzania, Dr. Jakaya Kikwete. The 18 eminent persons from across different regions of the Commonwealth, including Africa, Asia, Europe, the Caribbean and the Pacific have been in Nigeria since February 8. In a statement issued yesterday, Kikwete said aside a preliminary report, the final report will be submitted to the Commonwealth SecretaryGeneral, and thereafter shared with the federal government, Independent National Election Commission (INEC) political parties, Commonwealth governments, before it is made public. She revealed that the group will also consider the pre-election period, polling day itself, as well as the post-election period, adding the main task is to assess whether the conduct
of the elections is according to the national, regional and international standards to which Nigeria has committed itself, including its own
constitution. She urged all Nigerian citizens to play their part in ensuring peaceful and credible elections on Saturday.
Papa Ushie Ukpang for Burial March 30 With gratitude to God, the family of Augie Ukpang has announced the passing of Papa Stephen Ushie Ukpang who died recently at a ripe age of 112 years. He was the oldest person (an Ugbagleagegrademember)inallofthe Old Obudu Local Government Area (now Obudu and Obanliku LGAs), who had been for long a patriarch of the Bendi nation. Pa Ukpang left many legacies. According to his burial programme released by Prof. Joseph Ushie, an all-day narration and documentation of Bendi history and culture by representativesfromalltheBendivillages will hold March 27 which would be followed the next day with an all-day cultural dances and displays and literary performances. On Friday, March 29, a Christian vigil/wake keep would hold to be followed on Saturday, March 30, by
the funeral service and entombment by the Assemblies of God Church. Athanksgiving service would hold on Sunday at the Assemblies of God Church, Akorshi, Bendi, Obanliku Local Government Area, Cross River State. All other events and activities will take place at Papa Ushie’s Compound, Akorshi – Bendi, on the Ikom – Obudu Highway, Obanliku LGA, Cross River State.
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TUESDAY FEBRUARY 12, 2019 ˾ T H I S D AY
NEWSEXTRA
Kachikwu Unveils Crude Oil Tracker, Other Automation Devices Ejiofor Alike The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, yesterday unveiled computerised crude oil and Liquefied Natural Gas (LNG) tracking, automatic downstream system and other automation initiatives. Speaking in Lagos during a ministerial briefing on the achievement of the Department of Petroleum Resources (DPR) and inauguration of the automated software, the minister said the essence of the initiatives was to be able to track crude oil productions and vessels on the onshore and offshore of the country’s waterways. He said: “The clear mandate as a Minister of State, is to try and change the oil industry, because we were deeply
worried about what was looking like a value dip in terms of the reputation of the oil industry and some of the issues of corruption that were all over the place. “Whilst we are celebrating a whole lots of things that we have done, the 7-Big Wins, NNPC restructuring, the cash call issues, subsidy removal at some points, the reality is that DPR has been a regulator that has been working very hard and when they eventually got to the milestone that we have today. “I said to them, let the people come out and know what they have been doing over the last couple of years. “One of the key areas of focus was issue of transparency; how do we ensure that we are transparent in our operations, how do we ensure that we have speed to get approval
for licences that previously will take forever. “How we ensure that every monies that is collected in this sector is tracked and goes straight into the federation account, one of the problems we have is that what quantity of crude we produce, how much are the leakages. “We have rolled around this for decades and I told them I want us to be able to tell Nigerians everyday what we
produce with some certainties,” Kachikwu explained. He said the agency have been able to track production, track the movement of that production, following these initiatives had launched series of IT-based platforms and interventions which had Nigerians into the next foray of how oil companies and oil operations in this country should run. “All our fields are largely tracked online now and what
it means is that we can actually feed the nation on what was our actual production and from which fields and what is the volume and also identify if there are leakages. “We have also had the COLT which is basically tracking of crude oil and LNG. It is just not enough to produce, but to know where it is going to. As you know, some of our problems is both accounting for production and what happened to crude oil produced.’’
Kachikwu said that what COLT does for Nigeria was to be able track any of these vessels be it LNG or crude and track where it is going, adding that Nigeria can also track those vessels to the point of discharge. In his remarks, the Director of DPR, Mordecei Ladan, lauded the minister’s support towards rebranding and reshaping the agency in ensuring improved services delivery in the oil and gas sector.
CDHR Demands Release of Leah Sharibu The Committee for the Defence of Human Rights (CDHR) has joined the family of Leah Sharibu to urge the federal government to ensure the safe rescue of the teenager who was abducted by Boko Haram terrorists. In a statement issued yesterday by the President of CDHR, Mr. Malachy Ugwummadu, the group noted with utter dismay the continued captivity of Leah Sharibu. CDHR recalled that Leah Sharibu is the only Dapchi school girl remaining in the Boko Haram captivity since February 2018. “The federal government has not ceased or relented in reassuring her family that she will be released soon. These continued promises without the corresponding and measurable efforts to practically effect the release of Leah Shairibu have become a mere cliché meant to satiate present electioneering demands. No doubt, the pains and anxieties of such hope against hope have become excruciating to members of her family,” CDHR explained. CDHR accused Buhari administration of being
preoccupied with his re-election bid that only scant attention has been displayed to make efforts needed for her release. According to the group, repeated calls have been made by her parents, civil society organisations and concerned citizens for her immediate release. “Unfortunately one year after, these calls have become reoccurent and sadly reminding them that their innocent daughter has added a year in the captivity of such a violent sect and now is a slave with her fate hanging precariously in the balance. “On February 10, 2019, her mother Rebecca Sharibu has yet again renewed her appeal and is now begging the federal government to do something much more concrete. On account of this, CDHR joins Rebecca Sharibu in demanding that the Federal Government fulfill its promise of securing the release of Leah Sharibu,” CDHR added. The group enjoined Nigerians to remain steadfast and focused on their demands for the immediate release of Leah and other captives regardless of the present election demands.
Ibori Mourns David Ejoor A former governor of Delta State, Chief James Onanefe Ibori yesterday stated that the death of Major General David Ekpode Ejoor (rtd) has thrown the Urhobo nation, the Edo and Delta States and indeed the entire nation into mourning. In a statement issued by Ibori’s MediaAssistant, Mr. Tony Eluemunor, the former governor noted that the late Ejoor had remained one of the few repositories of wisdom that remained in Nigeria. “Any word that escaped from his lips were well-weighed out and were calculated to uplift individuals, communities, the Niger Delta or the country,” Ibori said. According to him, Ejoor, whom he described as one of the leading lights of the Nigerian military, was not only a Colonel in 1966, but was the first Military Governor of Mid-West Region. He added that Ejoor, the first
Nigerian Commandant of the Nigerian Military School, retired from the military as the Chief of Army Staff as far back as 1975 – 44 years ago. “Since then, he lived his life as a dignified statesman, talking only to stop the nation from faltering or to point it towards a wholesome direction,” he added. Ibori described Ejoor as a shining light to the Urhobo nation, the Edo and Delta States, the Niger Delta and the entire Nigeria. He consoled Ejoor’s family the Urhobo Progressive Union and the Government and people of Delta State, over the transition of the venerable and highly regarded officer and gentleman. He also prayed that God will grant them the fortitude to bear this great loss and to never forget to use his life as a guiding compass.
WOMEN OF SUBSTANCE...
L-R: Founding Member, Board of Trustees, Women in Management, Business and Public Service (WIMBIZ) & CEO, Eventful Ltd, Yewande Zaccheaus; Executive Council Member, WIMBIZ & CEO, Brandzone Consulting LLC, Chizor Malize; Executive Council Member, WIMBIZ & Co-Founder / Director, Multistream Energy Limited, Awuneba Ajumogobia; Executive Director, WIMBIZ, Hansatu Adegbite at the 2019 WIMBIZ Women in Politics town hall meeting press conference organised by WIMBIZ in Lagos...yesterday
Appeal Court Panel Discontinues Zamfara APC Case Raji Bello in Sokoto A Court of Appeal in Sokoto has disqualified themselves from hearing the case on the qualification of Zamfara State All Progressives Congress (APC) to field candidates for its governorship election. The presiding judge, Justice Ahmad Belgore, ruled that based on the allegations in the media
and issues raised by counsel to Senator Kabiru Marafa, Muhammad Nuhu, the court would not continue with the case. The lead judge urged all parties in the case to wait for the constitution of a new panel that would consider the matter. According to the judge, “In recognition of the magnitude of allegations and present situation in judiciary as well as
the country, judges surrendered that the President of the Court of Appeal should constitute new panel to entertain the matter.” Counsel to the respondents submitted that some of his clients had accused the justices of receiving $3 million to compromise the case. Earlier, counsel to the appellant, Ishiyaku Dikko (SAN), had applied to withdraw the entire
appeal, which was rejected by the court on the grounds that he ought to wait until the slated date for substantive hearing. Meanwhile, a High Court in Zamfara State had recognised the primary elections held by the APC in the state and declared that the Independent National Electoral Commission (INEC) should accept the party’s candidates for the elections.
Court Sacks Owan-Enoh as Cross River APC Guber Candidate I remain the governorship candidate, Owan-Enoh insists A Federal High Court sitting in Calabar, Cross River State yesterday sacked the All Progressives Congress (APC) factional governorship candidate, Senator John Owan Enoh and other candidates of the party currently recognised by the Independent National Electoral Commission (INEC). The court affirmed the Minister of Niger Delta Affairs, Usani Uguru Usani as the authentic candidate of APC. The court also sacked the factional leadership of the party led by Mr. John Ochalla, which is loyal to Owan-Enoh. But the sacked candidate, through his media spokesman, Dan Amor, last night insisted that the purported court judgment did not invalidate his candidacy as the APC standard bearer for the state in the March 2, 2019 governorship election. In a two-hour judgment delivered
by Justice Simon A Amobeda, the court ordered that “INEC should only receive and accept the names and candidates for the 2019 elections that emerged from the lawful executive led by Godwin Etim John.” It also ordered that persons parading themselves as the executive members of the APC in Cross River State should forthwith cease and that the lawful executive of APC in the state remains that which is led by John. Speaking with journalists on the judgment, counsel to the claimants, Ayei Okpa, explained that “the judgment clearly is in support of the rule of law as it also supports the yearning of the common man,” adding that, “once a judgment is delivered in a court of law, everyone affected by that judgment is supposed and ought to comply with the said judgment and that is what this court today,
has confirmed.” However, in a swift reaction, Owan-Enoh said in a statement issued by his media assistant, Dan Amor, the sacked candidate said the purported judgment did not invalidate of his candidacy. “Senator John Owan Enoh remains the candidate of the party. The government of Cross River is the institution spreading fake news to misinform the public and distract Senator Owan Enoh because of the momentum his campaign trail has created in the state which has sent jitters down the spines of Governor Ben Ayade who has practically nothing to show the electorate for his four years in the saddle. The Governor’s office issued a statement this afternoon to misinform the public as though Owan Enoh and Ben Ayade are contesting the candidacy of the same political party,” the statement explained.
According to the statement, Ayade’s desperation was borne out of the fact that his days in the governor’s office are numbered as his achievements are only found on billboards and posters. S “John Owan Enoh remains the governorship candidate of APC in Cross River State as the primary through which he emerged was duly conducted by the National Working Committee of the party as stipulated by the party’s constitution and not through state faction. “Pastor Usani Uguru Usani who lacks the equanimity to accept defeat is the one who should be arrested for flouting series of court orders. If Usani sees himself as a candidate for any elective position, why has he not tendered his resignation from office as Minister of Niger Delta Affairs 30 days to the election as stated in the Constitution of the Federal Republic of Nigeria?”
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ͺ˜ ͺ ˾ T H I S D AY
TUESDAYSPORTS
Group Sports Editor Duro Ikhazuagbe Email duro.ikhazuagbe@thisdaylive.com 0811 181 3083 SMS ONLY
CAF CHAMPIONS LEAGUE
Lobi Stars Need Miracle against Wydad in Casablanca Tonight Lobi will be seeking redemption when they file out against Wydad Casablanca in the 2018/19 CAF Champions League Group A match at the Prince Moulay Abdellah Stadium in Morocco tonight. After registering their second defeat in the group stage at home in Nigeria, the Makurdi team needs a miracle to survive the Moroccans. That defeat in Enugu a
fortnight ago left the Nigerian representatives floundering in the fourth place on the table - three points behind second-placed Wydad with three games left. However, Lobi Coach, Solomon Ogbeide, remains hopeful that his side can secure a win in Morocco, which would boost their chances of reaching the knockout stages. “We are disappointed in the result, but this does not mean
we are out of the competition,” Ogbeide remarked. “We still have three more games in the group stage, though we will be going to play away in two of those, but we are confident we can get results away from home despite how difficult people
may think it is.” The Moroccan side recorded their second win in Group A when they overcame Lobi 1-0 away in Enugu earlier this month. As a result, Wydad is second on the group standings and they are only behind leaders Mamelodi
Sundowns on goal-difference. Wydad Captain Brahim Nekkach is happy with how the team performed during their 1-0 win over Olympic Safi in the Moroccan Botola League match last week. “First of all, I would like to
thank my teammates for their great fighting spirit against a Safi team which is known for its defensive efficiency,” Nekkach said on Le Matin. “Now we have to focus on our next match in the Champions League against Lobi Stars.”
NFF, LMC, Osun Gov, Others Mourn Late Ogunjobi
rNPFL coaches, players to wear black armband in his honour The Nigeria Football Federation (NFF) has expressed shock at the death of its former Secretary General and one-time Member of the Executive Committee of the federation, Chief Taiwo Ogunjobi. The 66-year old former international defender passed on early hours of yesterday after a brief illness. “I cannot find the words as much as I try. A very big tree has fallen in Nigerian football and we are all devastated. If the NFF had a flag of its own, it would fly at half-mast for several weeks. “Chief Ogunjobi was one of the strongest pillars of association football in Nigeria and the entire Nigerian football fraternity will miss him badly. The Members of the NFF Executive Committee, Management and Staff of the NFF, Members of the Congress, eminent football stakeholders and other workers in football in these shores are in shock,” President of the NFF, Amaju Melvin Pinnick, said on Monday. Similarly, Chairman of the League Management Company (LMC), Shehu Dikko, in a tribute to the late football administrator said he had difficulties coming to terms with the news of Ogunjobi’s passing and described him as someone who has played a big role in the nation’s football as a player and an administrator. In the words of Dikko, “Chief Ogunjobi is one of the heroes of League football in Nigeria having captained IICC, a traditional club in our league system that stands today as an institution. “He also later led the club as an administrator to the CAF Champions League finals before rising to the pinnacle of football
Late Ogunjobi
administration in the country as Secretary General of the NFF.” The LMC Chairman announced that in honour of the fallen football hero, a minute silence would be observed before kick-off at all NPFL Match Day 9 fixtures on Wednesday while players and coaches are also to wear black armbands as a mark of respect for the dead. Governor of Osun State, Gboyega Oyetola, described the late Ogunjobi as an illustrious son of the state who served diligently till he breathed his last. “As the Chairman of the Osun State Football Association, he gave his best in the service of the state, galvanizing the youths and pushing for the development of sports, football in particular,” Governor Oyetola said in a statement by his Chief Press Secretary, Mr Adeniyi Adesina. “I commiserate with the widow, children, family members, friends and the Nigerian sporting family, over this irreparable loss. “Ogunjobi will be sorely missed. He gave his best as a club football player, national team player, and as an administrator, who rose to the pinnacle as Secretary General of the Nigeria Football Federation (NFF). “His tenure as Osun State Football Association chairman brought tremendous development to football in this state. May his soul rest in peace,” Governor Oyetola said. He enjoined the family to take solace in the fact that “he lived a life of service to God and humanity.”
Man Utd training ahead of tonight’s clash with PSG in the UEFA Champions League...yesterday
Magala Wins IBB Ladies Open by Four Strokes Olawale Ajimotokan in Abuja Ugandan Evah Magala lived to the pre-tournament hyep around her by winning the 21st IBB Ladies Open Golf Championship in Abuja over the weekend. Magala carried the day with a gross tally of 244 over 54 holes, beating the 2017 champion, Rachel Danjuma of IBB Club, Nigeria by four shots. Amina Wilfred also of IBB Club
was a further six shots adrift in third place while Evelyn Oyome of Ikoyi Club 1938 carded 260 gross to finish in fourth. “It feels so nice. In November 2018, I won the Nigerian Ladies Open Championship in Uyo and now I have added the IBB Ladies Open. I am so excited. I promise to keep on coming to Nigeria, because I feel I have luck in Nigeria,“ Magala, who is the President of Uganda Ladies Golf
Union said. She overturned a two-shot lead held through 36 holes by Danjuma on hole number three of the final round, after the latter took a quadruple bogey nine. That mistake affected Danjuma’s stride and she subsequently struggled to get into the rhythm after another double bogey on Hole seven. “By Hole two, we were already level. I left Rachel behind at Hole
four and from then, I knew it was done. At the same stage, Amina was playing well, and I was keeping my eyes on her,” Magala remarked. She added that the victory was good for her career and would serve as a boost for her World Amateur Golf Ranking (WAGR) as she will now be playing in better tournaments in South Africa, Thailand, Malaysia and Portugal.
UEFA CHAMPIONS LEAGUE
Confident Solskjaer Ready for PSG’s Visit Tonight Manchester United’s return to Champions League action against Paris Saint-Germain tonight has come at the perfect time, according to caretaker manager Ole Gunnar Solskjaer after a run of 10 wins and one draw since
the Norwegian took charge. When the two sides were paired in December’s draw, PSG was strong favourites to make the last eight, with United mired in the final days of Jose Mourinho’s troublesome tenure.
NPFL: Akwa Utd, Gombe Win Big to Consolidate Akwa United trounced Kada City 4-0 while Gombe United were 5-2 winners over visiting Nasarawa United in continuation of the 2018/19 Nigerian Professional Football League (NPFL) Match-day 8 clashes yesterday. Sunshine Stars also won 2-0 against nine-man Katsina United. Mfon Udoh scored his fourth goal of the season when he opened scoring in Uyo after just six minutes. Ndifreke Effiong then scored a first-half brace, before Wisdom Fernado made it 4-0 in the 61st minute against the Kaduna
team. Abdulaziz Yusuf and Musa Usman scored a brace each for Gombe United to beat Nasarawa United, whose two goals came from Emmanuel Makama and Sanusi Ibrahim. However, Sunshine Stars two late goals to stop a resolute Katsina United. Dayo Ojo scored after 67 minutes for the home team, before they doubled their advantage deep into stoppage time through Fuad Ekeleojuoti. But that was after Katsina United winger Joshua Agboola and Samuel Tswanya were sent off for ‘The Changi Boys’.
However, the mood around Old Trafford is transformed two months on as Solskjaer has overturned an 11-point deficit to break into the top four of the Premier League and beaten Arsenal away to reach the fifth round of the FA Cup. “We’ve given ourselves the best possible opportunity with the way we’ve gone into this game because we are confident,” said Solskjaer yesterday. “I’ve found out what kind of team we have. We are playing like a team, we are agreeing on how we should approach games. If there was ever a time to go into big games like this it is now.” It may also be the perfect time to run into an injury-ravaged PSG, with the world’s most expensive player Neymar, Edinson Cavani and Thomas Meunier all sidelined by injury. “Of course any team that are missing players like Neymar, Cavani and Meunier will feel the effect,” added Solskjaer, who is still wary of the pace of Kylian
Mbappe. “It makes them maybe more unpredictable for us who they are going to play. “When you see that front three over the whole season you know what to expect. We are guessing a little bit how they will approach this game.” Should United emerge victorious over the two legs it will be the first time in five years the three-time European champions have reached the quarterfinals. And Solskjaer admitted it has been too long since a memorable Champions League night at Old Trafford. “Yes, it has been (too long), said Solskjaer. “It’s both the players and supporters who have been looking forward to some of these nights because they are special.” TODAY Man Utd Vs PSG Roma Vs FC Porto
Tuesday February 12, 2019
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Price: N250
MISSILE Saraki to Nigerians “It is not enough to tweet about this government or share WhatsApp broadcasts, the time has come for all Nigerians to take their future in their hands and vote for visionary leaders, Atiku, Obi, and other PDP candidates who are promising a better Nigeria and are ready to make Nigeria work again” –Senate President, Bukola Saraki, calling on Nigerians to exercise their civic responsibilities by voting for their preferred candidates in the Saturday’s general election.
TUESDAY WITH REUBENABATI abati1990@gmail.com
Notes Before the Election: The Threat of Violence
F
or the benefit of those who may not know, I am the deputy gubernatorial candidate of the Peoples Democratic Party (PDP) in Ogun state. A day will come when I will tell the story of the role played by certain persons in the politics of Ogun State, and the complete failure of leadership at the highest levels of the party, the belly-face-front machinations of certain individuals, the inner intrigues, insincerity and hypocrisy of those who should be led by principles rather than ego and smallness, but this Is not the right time for that: we have an election to win, beginning this weekend, and we have in the majority in our party, good people, ordinary people, who want to make a difference, and who should be given the chance to move this country forward beyond the stasis and the frightening incompetence of the last four years that Nigeria has witnessed. I am in this race because I believe in those ordinary people who see Atiku Abubakar as the alternative to the national crisis of the last four years and who believe that Senator Buruji Kashamu, the man they call the benefactor of the masses, is the best man to move Ogun State forward. I am a direct stakeholder and participant in this election because I subscribe to the principle promoted, after the 1993 debacle, by the Concerned Professionals, the Catholic Secretariat, the then active and vibrant Nigerian civil society, and others, that enlightened people should get involved in Nigerian politics and make an effort to make a difference. I am in this race because I believe that my state needs help, and that my country can do better with persons who understand the Nigerian crisis and the need to provide a way out of this creeping miasma. I submit that Nigerian politics, in the hands of professional politicians is like an occult group. They do what they like. They run the political process as they wish. They just want power and office. But the other side is worse. Most of the people who pontificate about Nigerian politics, churning out comments and postulations may not exactly know what goes on in the arena. Very few are informed. Newspaper reports do not exactly convey a full picture of what goes on in the secret conclaves of politics, and with that being the case, the true stories, regrettably, will still never be fully told. Tomes have been written on Nigerian politics but skillful interrogators of the process still have a lot to do. The threat posed by the monetization of the process is humongous. The fact that the oxygen of cash is what drives Nigerian politics simply means that the best and the brightest, as well as decent persons will largely avoid any form of involvement in the governance of their own country. But the bigger problem is the threat of violence. I have written about this in an earlier column in this space, but the more I am involved in this thing called Nigerian politics, or if you like, Ogun state politics, the more alarmed and worried I am. On Tuesday, February 5, the Assistant Inspector General of Police, in charge of Zone 2 (Ogun and Lagos states) invited political parties involved in Ogun State politics to
Kashamu the Zone 2 headquarters in Onikan, Lagos to a meeting titled “Emergency Security Meeting”. AIG Lawal Shehu expressed the concern of the police about the rising spate of violence in Ogun State politics. He spoke for about 40 minutes. He sounded more like a preacher rather than a policeman. Four political parties sent representatives: the Peoples Democratic Party (PDP), the All Progressives Congress (APC), the African Democratic Congress (ADC)) and the Allied People’s Movement (APM). He told us that the police are interested in peace. Peace he emphasized, is very important and that whoever disrupts public peace is guilty of a felony and it is the duty of the police to preserve and protect public peace. He advised us to watch our tongues and be careful what we tell party members and the electorate to avoid causing any problem within the polity and particularly the Zone 2 that is under his watch. AIG Lawal Shehu was very polite, patient and friendly. It was clear that he doesn’t want any problem in the Zone 2 that he presides over. We were all very happy. He gave us sweets to lick. He obviously wants a sweet outcome in Ogun State. But he had every reason to call the meeting. Ogun State in the lead up to the 2019 general election is a hotbed of violence. Hate. Hostility. Volatile. Confused. Uncertain. In January, supporters of the APC and APM attacked each other in Ewekoro, resulting in bloodshed. A week later, members of the APC awaiting the arrival of Dapo Abiodun in Odogbolu Local Government Area were macheted. Dapo Abiodun is the gubernatorial candidate of the APC. He was visiting Odogbolu for a ward-to-ward tour. Unknown gunmen opened fire on his supporters. Before then, political opponents opened fire on the convoy of the Gubernatorial candidate of the African Democratic Congress, Mr. Gboyega Nasiru Isiaka (GNI). On January 13, it was the turn of the PDP: our vehicles were vandalized, our men were beaten when we went to attend the annual Thanksgiving service organized by Otunba Gbenga Daniel in Sagamu. Two weeks ago, the APC and the APM clashed again in Abeokuta. A member of the APM was subjected to emergency, cruel, undeserved surgery as APC thugs amputated his legs. I am worried because the meeting called
by AIG Lawal Shehu seems to have had no effect. The police may mean well, but the situation in Ogun state cannot be addressed with prayers and preachments. A day after the meeting in Onikan which I attended with party leaders, Senator Buruji and I campaigned around Abeokuta and visited other parts of Ogun Central. Two of my campaign vehicles were vandalized – the second time within a month. One of our men, Suleiman was beaten up. Even when we know those who are attacking us, we have refused to fight back. Senator Buruji Kashamu insists that our ticket is God-ordained and we must not resort to self-help. He insists that he believes in the rule of law. He would rather go to court than pay back our attackers in their own coin. It is getting to a point that I am sometimes afraid to go to certain places. Ogun state is like a war zone. AIG Lawal Shehu asked us to sign a peace accord. We did. He told us that only God puts people in positions. Everyone agreed. Two weeks before the meeting at Zone 2 Headquarters, President Olusegun Obasanjo held a similar meeting with political parties in Abeokuta where he called for peace. Apparently, the thugs of Ogun politics are not listening to either OBJ or AIG Shehu. Yesterday, just yesterday, the campaign visit of President Muhammadu Buhari to Abeokuta ended in a fiasco. The APC and the APM, both claiming President Buhari as their presidential candidate, but unable to agree on who should be their Governorship candidate for the 2019 election, resorted to violence, beating up each other, at the Moshood Abiola International Stadium, throwing things up and down, disrupting public peace. The incumbent Governor, Ibikule Amosun is running for Senate on the platform of the APC, but he is the main spirit behind the APM, which exists only in Ogun State. He supports President Buhari, so he says, but he does not want Dapo Abiodun, the APC Gubernatorial candidate as Governor. He wants someone else. Both the APC and the APM have become a threat to the political process in Ogun State. They won’t allow other parties to paste posters. They are divided among themselves. They are busy abusing their links to Abuja and the Presidency. Not even the presence of the President of Nigeria could put them in check. The Amosun People’s Movement (APM) threw stones and humiliated the President. They made the Vice President, Professor Yemi Osinbajo look like a nobody in his own state! I received on phone the other day, a list of the hotlines of key members of the Ogun State Police Command that I am advised to call in the event of any emergency. Some other security agencies have also called to offer advice on personal safety. Friends have said I should not sleep at home. Some other friends claim that they are organizing prayers with the help of spiritualists who have the direct cell phone numbers of God. My mother’s surviving twin sister has also called to report that my grandmother, her own mother, appeared to her in a dream and I am told there is an important message for me from her about this election. My grandmother died in 1982. She has chosen this moment to
appear in dreams! What exactly is going on in Ogun state that both the living and the dead are now showing up to participate in this election? They are all making this election look like war, and it shouldn’t be so. Senator Buruji Kashamu and I are committed to running a government of the living to make life better for all. We have not attacked anybody. We don’t have thugs. We have focused on issues. We intend to win. People should stop fighting and allow us to have peace in Ogun State. No other election in Ogun State since 1999 has been this volatile. I appreciate the meeting called by AIG Lawal Shehu. I thank him and his team for their effort. It is not only Ogun state that has issues, other states of the country are also problematic. The responsibility for ensuring peace as Nigeria goes to the polls, goes beyond the Zone 2 under AIG Shehu’s jurisdiction, other AIGs should summon similar meetings and all security agencies must assess the level of threat across the country and take steps to prevent this election from becoming a harvest of body bags. This may sound trite, but it is true and apposite: prevention is better than cure. There is a lot that can be achieved in terms of peace and security if our security agencies gather intelligence and act pro-actively to ensure stability, before, during and after the elections. There are international agencies already on the ground, willing to provide technical support and logistics. The neutrality of all the critical institutions is crucial. This election may provide an opportunity for the people of Nigeria to vote, make a statement and a choice, but it is also a referendum on the sitting government and a test of the integrity and credibility of our institutions. It is time for everyone to stand up and make a statement and more importantly to put Nigeria first. Violence during the 1964/1965 Federal elections precipitated the collapse of the First Republic. In 1983, political violence brought the Second Republic to its knees. President Muhammadu Buhari inherited from President Goodluck Jonathan, a legacy of free, fair and credible elections. He is the chief beneficiary of that legacy. He has a responsibility to protect and preserve it. In Ogun State, Senator Buruji Kashamu and I have signed undertakings with various stakeholders to reassure everyone that we will run a government based on the principles of transparency, renewal, inclusiveness, justice and the rule of law. These are not slogans, they are real, measurable, actionable words which we have explained in detail in a policy document titled “The Road to Progress: Taking Ogun State to Greater Heights.” In the past few weeks, we have intensified our campaign, joined by our wives, children, associates and party supporters to ensure that Alhaji Atiku Abubakar and our National Assembly candidates win the elections scheduled for this Saturday, February 16, and that on March 2, the vision of the Buruji/Abati campaign organization prevails in Ogun State. Please stop the violence. Vote wisely. And henceforth, nobody should attack my campaign vehicles, please. Beware of the judgment of God…allow the people’s vote to count.
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