TUESDAY 19TH FEBRUARY 2019 by THISDAY Newspapers Ltd

Stock Market Sheds N196bn over Deferment of Polls Goddy Egene

The Nigerian stock market took a plunge yesterday as some disappointed investors reduced their appetite for equities while others sold to lock in profits due to

apprehension over the delayed elections. The Nigerian Stock Exchange (NSE) All-Share Index, which gained 3.7 per cent last week, fell by 1.61 per cent yesterday to close at 32,190.07, down from a

year’s high of 32,715.20. Also, market capitalisation shed N196 billion to close lower at N12.004 trillion, down from N12.2trillion. Similarly, the naira weakened on the forward market yesterday as the

one-year non-deliverable naira forward opened at a quote of $401, compared with $397 in the previous session. Investors had started to pick up shares to position for a post-election rally,

assuming that the election would pass without violence or other problems. The development lifted the market to new high last week, gaining over N700 billion. However, the postponement of the election

came as a shock and is making investors to review their investment strategy. According to a senior economist at Exotix Capital, Mr. Christopher Dielmann, Continued on page 6

Oil Price Rises Above $66 on OPEC Deal, US Sanctions … Page 8 Tuesday 19 February, 2019 Vol 24. No 8717. Price: N250

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Rig Election at Expense of Your Life, Buhari Warns Orders security agents to be ruthless with miscreants Vows to investigate postponement PDP, Atiku: President’s directive is licence to kill Dickson calls for emergency Council of State meeting

Iyobosa Uwugiaren, Onyebuchi Ezigbo, Adedayo Akinwale in Abuja and Emmanuel Addeh in Yenagoa President Muhammadu Buhari yesterday threatened that anyone planning to snatch ballot boxes in Saturday’s presidential and National

Assembly election will be doing so at the ‘’expense of his own life,’’ and directed security agents to be ruthless with miscreants. The president, who barely subdued his anger at the shift in casting of ballot from last Saturday, spoke at the opening of the National Continued on page 8

INEC Concedes to Political Parties, Allows Electioneering Insists Saturday’s polls sacrosanct

Adedayo Akinwale and Ogheneuvede Ohwovoriole in Abuja Following stiff opposition from political parties to the decision of the Independent National

Electoral Commission (INEC) to ban political campaigns before next Saturday’s rescheduled poll, the commission yesterday reversed itself and allowed electioneering. Continued on page 6

Bandits Kill Army Captain, 11 RESTRATEGISING… Vice President Yemi Osinbajo SAN; National Leader, All Progressives Congress, Senator Bola Tinubu; and Governor of Civilians in Katsina, Niger ... Page 6 L-R: Zamfara State, Alhaji Abdulazeez Yari, during the National Caucus meeting of the APC in Abuja…yesterday

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Bandits Kill Army Captain, 11 Civilians in Katsina, Niger

Francis Sardauna in Katsina and Laleye Dipo in Minna

Bandits at the weekend killed an army captain, six other civilians and stole hundreds of animals in Kasai community, Batsari Local Government Area in Katsina State. They also attacked 17 communities in Rafi and Shiroro Local Government Areas of Niger State, leaving five people dead. However, the Nigeria Army in Katsina State could not disclose the identity of the slain captain. But THISDAY gathered that the terrorists stormed the Katsina community at about 1a.m and shot sporadically, forcing the

army and residents of the area to flee, and were later to engage them, leading to the death of the victims. Confirming the development to journalists yesterday, the Transition Committee Chairman of Batsari Local Government Area, Mannir Mu’azu Rumah, said the bandits numbering about 100 attacked the community, killed the army captain and six civilians, leaving scores with various degree of injuries. He said: “The bandits first attacked our military station, killed the army captain and burnt down the operational Hilux vehicle. They later entered our village and visited the houses of the six civilians separately and

killed them. They also carted away money and phones of the victims”. According to him, the bandits carted away several animals, motorcycles and other valuables worth billions of naira belonging to the residents. Meanwhile, the Katsina State Governor, Aminu Bello Masari, yesterday paid a condolence visit to the community and sympathised with the families of the victims. Masari, who was accompanied by the Commanding Officer of 17 Brigade of the Nigerian Army, Brigadier General Luqman, and the state Commissioner of Police, Sanusi Buba, admonished the residents to

pray against the resurfacing of the incidence. The governor’s first point of call was at the palace of Magajin Kasai, where he reminded the people of the need to be their brothers’ keepers by monitoring the activities of those, he said are collaborating with the bandits to unleash mayhem on innocent civilians. Masari reiterated that the government was making unflinching efforts to safeguard the lives and property of the citizenry, adding that, “Our effort led to the posting of a joint security personnel to keep vigil in this community, which made the captain paid the supreme price.” The governor, however,

called on the residents of the state to report people, he described as informants to law enforcement agencies for prompt actions, adding that no society can develop in an atmosphere of acrimony or chaos. During the visit, special prayers were offered for the repose of the souls of the deceased by different Islamic scholars. In a related development, bandits have attacked 17 communities in Rafi and Shiroro Local Government Areas of Niger State leaving five people dead. About 35 people were also suspected to have been abducted as they have been declared missing by the communities.

This was disclosed yesterday by the Niger State Emergency Management Agency (NSEMA). According to NSEMA’s Public Relations Officer, Ibrahim Audu, the attack occurred on the night of last Thursday. Audu said that about 3,500 persons were displaced, adding that the displaced persons were being camped at Kagara Central Primary School and Pandogari Primary School. The agency said the state government had provided some palliatives in form of food items and sleeping materials, adding that relief materials would be distributed to the affected people within the week.

Venezuelan Formula

mismanagement of the February 16 elections, leading to its postponement by INEC was an indication that the APC has lost the general elections. He said: “It is very glaring that APC has lost the presidential election but, if INEC brazenly declares the ruling party the winner, the world may be left with no other option than to apply the Venezuelan Formula, which eluded Chief MKO Abiola in 1993. ‘’The world is evolving and right now it appears that evolution has turned full circle. If we had the situation in 1993, MKO Abiola would have been president.” Wabara urged Nigerians not to be deterred by the postponement, adding that having suffered the last four years, one week of additional suffering will avert four years of unprecedented suffering and advised Nigerians to stand firm and cast their votes on Sa turday.

INEC CONCEDES TO POLITICAL PARTIES, ALLOWS ELECTIONEERING The Chairman of the commission, Prof. Mahmood Yakubu, had said at a stakeholders’ meeting last Saturday in Abuja, that collection of Permanent Voter Cards (PVCs) and political campaign remained closed. However, the commission in a statement yesterday, by its National Commissioner and Chairman Voter Education and Publicity, Mr. Festus Okoye, said that media organisations are at liberty to accept, publish, broadcast and circulate campaign materials up till midnight of Thursday, February 21, 2019. He stated: “In the meantime, after consultations with political parties, the commission has approved that campaigns by parties and candidates can resume forthwith to end by midnight of Thursday, February 21, 2019. “Political parties and their

candidates are enjoined to abide by the extant laws governing campaigns.” The electoral body also assured Nigerians that next Saturday’s poll and the March 9 governorship and State House of Assembly elections, remain sacrosanct. To this end, the commission has commenced the auditing of electoral materials to identify possible shortfall, gaps and remedial steps and action would be taken as soon as any shortfall is identified. Okoye told THISDAY yesterday that the commission would start the deployment of sensitive materials early enough without compromising their security and confidentiality. He revealed that the chairman of the commission has outlined six concrete steps to actualise the elections. Okoye stated: “These steps are cogent and verifiable and

are already operational. The commission is engaged in reverse logistics since some of the sensitive materials have been deployed from the central bank of the various states to the local government offices of the commission. “The commission is auditing the materials to identify possible shortfall and gaps and remedial steps and action will be taken as soon as any shortfall is identified. “The commission has recalled all the Smart Card Readers in all the States of the federation for reconfiguration. The commission is deploying additional Registration Area Technical Support Staff to Lagos State with over 14,000 Smart Card Readers and Kano State with over 11,000 Smart Card Readers. “The commission had configured the Smart Card Readers to become

operational on Saturday the 16th day of February 2019 at 8a.m. and to shut down at a particular time. Since the commission rescheduled the election, the Smart Card Readers must be reconfigured to capture the new date and the new time. “The commission will start the deployment of sensitive materials early enough without compromising their security and confidentiality. We will also make sure that all the ad-hoc staff engaged for the election are paid their dues and remobilised to the various Registration Area Centres,” he added. Okoye stated categorically that the electoral body is confident that all the materials are in place and its processes are geared towards the conduct of all the strands of elections.

Ex-Senate President Warns against

Meanwhile, Adolphus Wabara advised the electoral commission and other critical stakeholders in the polity to get their acts together and conduct credible, free and fair elections. Wabara, who is the Secretary of the Board of Trustees (BoT) of the Peoples Democratic Party (PDP), said that the stakeholders should be wary of the fact that the world has moved on beyond the pacifism of old. “Right now the world is no longer practicing pacifism at the global stage. The world is saying if you don’t get it right within the confines of your boundaries, global interests can intervene,” Wabara said, adding that no one should present the international community with a Venezuelan situation in Nigeria. He said the

Sanni added that the development could also raise, in some quarters, fears that the process itself may be manipulated. “Anything that reduces the perception of transparency affects our attractiveness and credibility and investment destination,” she said. Another stockbroker, Mr. David Adonri of Highcap Securities Limited, said the postponement of the election at the dying minute was an insult to the electorate. “Every sector of the economy including the capital market will be disastrously affected. It will further erode investors confidence, which is already at a low ebb,” Adonri said. Similarly, Mr. Sola Oni of Sofunix Investment, said the postponement was a sad commentary that will deepen Nigeria’s political

risk with dire consequences on investment decision. “The shock caused by the announcement may jolt foreign portfolio investors who have been apprehensive of the presidential election. It is not unlikely that trading on the stock market may be moderated by this development as it is capable of further eroding investor confidence in our market. Every political decision has direct or indirect impact on the financial market. I think the time has come for our leaders to stop making Nigeria a laughing stock before the international community,” he said. However, Garba Kurfi of APT Securities and Funds Limited said the postponement might not have much negative impact on the market given the growth the market has recorded in the last two weeks.

STOCK MARKET SHEDS N196BN OVER DEFERMENT OF POLLS “There is some frustration on behalf of investors, who have had concerns about this election for the better part of the past year and are ultimately hoping to simply put it behind them.” Reuters said the delay hit Nigeria’s dollardenominated bond yields and could affect demand at a government naira debt auction this week. “Some investors might still want to wait for the results of the election to gauge risks, such as a possible contestation of the result, which the postponing arguably now has given more grounds for,” senior Economist at South Africa’s NKC African Economics, Cobus de Hart, said. Analysts also said the postponement could disrupt Nigeria’s economic and market rebound. “The economic consequences of this decision

will be felt significantly, as what was supposed to be a smooth process is now mired in lengthened uncertainty and controversy, thereby shaking investor confidence and somewhat eroding the renewed interest from both foreign and domestic investors,” analysts at Vetiva Capital wrote in a note. “We expect the postponement to directly lead to a reversal in the market with jittery investors quickly withdrawing from the market while others wait on the sidelines.” The Chairman of Association of Stockbroking Houses of Nigeria (ASHON), Partick Ezeagu, told THISDAY that the postponement would lead to more uncertainty in the stock market in particular and economy in general. According to him, uncertainty is the greatest phobia that afflicts any

market. “The fact that it happened less than six hours before the election was to commence, investors would react negatively unless a very credible reason is adduced and effectively disseminated urgently,” Ezeagu said. Group Chief Executive Officer of Emerging Africa Capital Group, Mrs. Toyin Sanni, said the postponement has lengthened the waiting time for investors who had already adopted wait and see approach to “In investments, the longer the waiting time for any outcome, the higher the perception of risk. Also, the postponement indicates that we may not as a country have all our act all together thus increasing concerns about the possibility of the election process being smooth and hitch free,” she said.

TOP GAINERS PRESCO BETAGLASS CAPPLC AGLEVENTIS VITAFOAM TOP LOSERS TRANSCORP C& I LEASING LIVESTOCK

NGN NGN 6.60 72.60 6.70 79.00 2.20 34.00 0.02 0.31 0.22 4.00 NGN 0.17 1.54 0.72 6.61 0.07 0.65 WEMABANK 0.10 0.93 NIGBREW 8.00 75.00 HPE Nestle Nig Plc ₦1,600.00 Volume: 233.424 million shares Value: N3.363 billion Deals: 4,134 As at Monday 18 /2/19 See details on Page 31

% 10 9.2 6.9 6.9 5.8 % 9.9 9.8 9.7 9.7 9.6

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Oil Price Rises Above $66 on OPEC Deal, US Sanctions Ejiofor Alike with agency reports

Crude oil rose for a fifth day yesterday, on track for its strongest first quarter in eight years, thanks to a growing belief among investors that the Organisation of Petroleum Exporting Countries’ (OPEC) supply cuts will prevent a build-up in unused fuel, though concern over China’s economy tempered gains. The development is a boost to the efforts of the federal government to fund the 2019 budget, which is predicated on the oil price of $60 per barrel. United States sanctions against Iran and Venezuela have also helped to boost prices of crude oil to their highest levels since November 2018.

While the United States West Texas Intermediate (WTI) rose by 0.8 per cent to hit $56.13 before dropping to $55.97, the global benchmark crude, Brent rose by 0.6 per cent to $66.65 before it settled at $66.44. For both benchmarks, these were their highest levels since November 20, 2018. Crude oil has risen nearly 25 per cent so far this year and is on course for its strongest first-quarter performance since 2011, thanks largely to a commitment by OPEC and allies to cut output. Reuters reported that refiners around the world have to pay more to secure supplies of the medium, or heavy, sour crudes produced by Iran and Venezuela, both of which are under United States sanctions.

Minister of State for Petroleum Resources, Ibe Kachikwu The US Treasury Department had announced sanctions that effectively halted purchases of

oil from Venezuela, as part of an effort to push out the country's President, Nicolás Maduro, in favour of his rival, Juan Guaidó. About 40 per cent of Venezuela's oil is sold to the US. The US had claimed that Maduro and his inner circle diverted billions of dollars in Venezuela’s national oil company, PDVSA’s profits to their personal accounts and to pay off military officers said to be propping up Maduro's government. Under the restrictions imposed by the administration, US companies can still buy oil from the Latin American country, but all proceeds would go into a "blocked" account and be inaccessible to Maduro.

Also under the sanctions, any further US payments would go not to Maduro but into bank accounts that could be used by Juan Guaidó, Venezuela's self-proclaimed interim president. In the absence of Venezuelan oil, President Donald Trump’s administration is considering tapping into the country's emergency reserve of crude. The Strategic Petroleum Reserve is held in underground caverns in Louisiana and Texas, and holds about 649 million barrels of crude. OPEC and some non-OPEC producers like Russia, agreed late last year to cut output by 1.2 million barrels per day (bpd) to prevent a large supply overhang from swelling more.

But further pushing up crude prices have been US sanctions against oil exporters and OPEC’s members - Iran and Venezuela. At least partly offsetting supply falls has been a surge in US crude oil production by more than 2 million bpd in 2018, to a record 11.9 million bpd. And there are signs that US output will rise further. US energy firms on February 12 increased the number of oil rigs looking for new production by three, to a total of 857, energy services firm Baker Hughes said in a weekly report on February 15. The implication was that the US rig count was higher than a year ago when fewer than 800 rigs were active.

can unseat him, is bent on using every dictatorial and tyrannical act to truncate the process of a free, fair and credible election.’’ The main opposition party said that intelligence available to it shows that the presidency had directed the leadership of the INEC to immediately reshuffle the Resident Electoral Commissioners (RECs) in order to deploy compromised officials to manipulate the electoral process in Buhari’s favour, as they allegedly did with the police shortly before February 16. PDP further alerted, ‘’Our party is also aware of the pressure being mounted by the Buhari Presidency on INEC to cancel elections in some states and make others inconclusive so as to achieve President Buhari’s objectives of a staggered election, not minding the crisis such will trigger across the federation. ‘’We want Nigerians and the international community to hold President Buhari personally responsible for any electoral crisis, otherwise he will as usual, claim that he was not aware of the plots and transfer the blame to Adams Oshiomhole and Rotimi Amaechi.”

of the 2010 Electoral Act. In fact, threatening people with death in the context of an election is incitement to electoral violence, which is an offence under that Act,” Atiku said. The former vice president, however, said he was not surprised that such a remark was coming from the leader of a political party that has threatened that foreigners, who intervene in the forthcoming elections, should be sent home in body bags. Atiku said the reason the APC-controlled federal government will want to deploy the military is not to stem the rising cases of violence but for the simple reason that the APC wants to use the military to intimidate the opposition and pave the way for rigging. He said the PDP is committed to free and fair elections but would never threaten people with their lives for contravening any law where that sanction was not prescribed under law. He recalled that during his interview on The Candidates last month, he hinted of the establishment of the Electoral Fraud Commission (EFC) to deal, according to the laws of the land, with matters relating to electoral offences. “I have always been a democrat and defender of our laws and constitution. So rather than make up new penalties on the spot in a press conference, our plans to establish the EFC by using the framework of the 2002 Establishing Act of the EFCC have been well researched so that we can introduce this new entity within days of assuming office.”

He expressed shock that a Commander-in-Chief who has been out of action in numerous security challenges in the country, particularly the needless killings in Benue, Plateau, Zamfara States and whose regime has recorded unprecedented bloodletting in the country would suddenly wake up threatening brimstone to voters. "In all democracies world over, elections are civil matter that is usually handled by civil security like police and wondered why the involvement of our military in this matter when they have enough security challenges to tackle,’’ he further argued.

RIG ELECTION AT EXPENSE OF YOUR LIFE, BUHARI WARNS Caucus meeting of the All Progressives Congress (APC) in Abuja, promising those minded to foment trouble during the rescheduled polls a hard time. He said: "The security agencies have identified hot spots and flash points and should be prepared to move. We have made as much arrangement as possible for them as much as the country can afford. Anybody who decide to snatch ballot boxes or lead thugs to disturb the process, may be that will be the last unlawful action you will take. ‘’We have directed the military and other security agents to be ruthless. We are not going to be blamed that we want to rig elections." But reacting to the president’s tough talk, the Peoples Democratic Party (PDP) said it amounted to threat to the lives of Nigerians and a direct call for jungle justice, contending that it was an attempt to divert public attention from the national caucus’ closed session where details of its “dastardly plot to truncate the nation’s democratic process will be perfected.” Buhari said there was no justification for the postponement of the election last Saturday by INEC, vowing to investigate the issue after the general election. The president's threat was preceded by a long speech by the National Chairman of the APC, Mr. Adams Oshiomhole, who said the party would be pushing for an inquisition over what led to the sudden decision by INEC to postpone the poll. Two governors, Ibikunle Amosun and Rochas Okorocha of Ogun State and Imo State respectively, were conspicuously absent at yesterday's meeting. They are currently engaged in a running battle with the national leadership of APC. Buhari said having gone round the country and witnessed the enormous support by Nigerians, he was not afraid of defeat at the election. "I want Nigerians to be respected and let them vote whoever they want across the parties. I am not afraid of that. I went round the 36 states and the FCT and I think I have enough support across the country. So, I want to warn anybody who thinks he has enough influence in his locality to lead a body of thugs to snatch ballot boxes or disturb the voting system, he will do it at the expense of his own life," he said. The president described INEC as ‘’incompetent’’ for failing to meet the expectations of Nigerians last Saturday, adding that the electoral commission had all the time

and all the resources it wanted and didn’t have to wait for only six hours to cancel the election. He vowed to seek the reason for such incompetence, adding that the leadership of the commission would have to explain to the nation after the election. He stated: "After the elections, we have to know exactly what happened and who is responsible. Otherwise, our efforts to make sure that this system is acceptable would have been eroded. The constitution and the law protected INEC. But they must not take us for granted. "If for example, the National Assembly refused to approve what they wanted; INEC would have had moral reasons for why they couldn’t perform. If the time of four years of election was not constitutionally obeyed by the government, INEC would have a case. "But we don’t understand the reason for this inefficiency and we have to go into details after the elections to find out who is responsible." The president, who narrated the efforts made by the party and his campaign team to ensure water-tight monitoring of the poll, charged party leaders to go back to their loyal members in all constituencies to encourage them to come out to vote on Saturday. He said party members should exhibit maturity and be peaceful as they go to vote. While addressing the party leaders at the meeting, Oshiomhole said shifting the polls was as repugnant as the reasons INEC gave for its action. He accused the electoral umpire of working with PDP by sharing relevant information about the shifting of poll hours before the decision was made public. A visibly enraged APC’s national chairman described INEC's explanations for the postponement of the election as not only disgusting but provocative. He said the party would not obey INEC's order on stoppage of campaigns and would go ahead with further campaigns. He said: "I shall put my hand on the Holy Qur’an that the electoral body shared information with the PDP that they were going to postpone the election.’’ Oshiomhole told the president that it was the collective responsibility of the APC and his administration to put to shame all those responsible for what happened last Saturday. Oshiomhole also demanded the redeployment of certain INEC Resident Electoral Commissioners in the Southsouth states who he accused

of exhibiting bias towards the PDP. According to Oshiomhole, the PDP has betrayed its connivance with the INEC in the various contradictory responses from its party leaders. Earlier, he stated that the caucus meeting was very crucial in order to restore hope to party members who may have been shocked or disillusioned by the postponement of the presidential poll. At the end of the meeting, the party leaders expressed deep regrets over the unfortunate death of party members due to stampede as a result of overwhelming crowds during the presidential campaigns in some parts of the country. The caucus said that it also received with shock and disbelief the last minute postponement of the February 16 elections, reiterating its disappointment over the unfortunate action, considering especially, the repeated assurances by INEC that all challenges would be overcome before the February 16 elections. “The caucus urged all APC members to immediately commence campaigns in line with the Provisions of Section 99 (1) of the Electoral Act, which states clearly that campaigns shall stop 24 hours to the elections. Our party would therefore abide by the provisions of laws,” it said.

PDP, Atiku: President’s Directive is Licence to Kill

Reacting to Buhari’s warning to miscreants, the PDP yesterday warned that it could trigger widespread political crisis that could derail the nation’s democratic process and plunge the country into anarchy. It described Buhari’s comment as a direct call for jungle justice and attempt to divert public attention from the caucus’ closed session where details of its alleged plot to truncate the democratic process would be perfected. The party in a statement by its spokesman, Mr. Kola Ologbondiyan, said it hoped that the president’s directive to security agents was not “a camouflage for the fake soldiers mobilised by the APC to shoot at innocent Nigerians, snatch ballot boxes and execute their rigging plans on the Election Day.” It said: ‘’President Buhari must, however, bear in mind that his resort to threats and scaremongering will not deter Nigerians from coming out en-masse to vote him out of office on February 23. ‘’We are aware that President Buhari, who had earlier boasted that nobody

Atiku Rejects Buhari’s Plan to Deploy Soldiers for Elections

Also reacting, the presidential candidate of the PDP, Alhaji Atiku Abubakar, rejected what he called Buhari’s plan to deploy soldiers in the rescheduled general election on Saturday, saying it is an anomaly to use the military for elections in a democracy. In a statement in Abuja by his Special Assistant on Public Communication, Mr. Phrank Shaibu, he condemned the president’s directive wondering why soldiers who are trained to fight wars are being drafted into a purely civil matter like elections. Responding to the remarks by President Buhari that military and the police will be well mobilized to stamp out rigging and thuggery, Atiku said the deployment of troops creates an atmosphere of warfare, which in turn heats up the polity, which is why it is not a common occurrence in other climes during elections. Atiku also kicked against the arrest of perceived members of the opposition ahead of elections, describing it as anti-democratic. “We were shocked to hear President Buhari live on national television threatening to kill people for an offence where no such prescription exists under law. The last time we looked the deathpenalty was not a sanction

Buhari Inciting Military, Police against Nigerians, Says Secondus

Also reacting, the National Chairman of PDP, Prince Uche Secondus, said the president by his statement was intimidating voters. Secondus in a statement by his media adviser, Mr. Ike Abonyi, said the president's remarks amounted to a declaration of war on Nigerian voters and a direct incitement against them, describing it as ‘’the first of its kind in Nigeria.’’ He added that by the president's directive, the top leaders of the APC had gotten sweeping order to move about with the military at their constituencies to harass and intimidate INEC staff and the opposition agents with a view to scaring them away in order to enable them use thugs perform their result replacement strategy.

Dickson Calls for Emergency Council of State Meeting

Speaking on the postponement of the election, Governor Seriake Dickson of Bayelsa State yesterday called on Buhari to urgently convene a National Council of State meeting to agree on a bipartisan approach to resolving all the outstanding issues regarding the rescheduled elections. Dickson who briefed the media on his position on the deferred elections at the Government House, Yenagoa, noted that a full blown crisis was in the offing if the new dates become problematic again. While rejecting calls for the removal of the chairman of the INEC, the governor maintained that the country must continue to build strong institutions devoid of political interference. He added that the postponement, which came about six hours before the actual polls, had made Nigeria the butt of jokes all over the world. According to him, the National Council of State meeting, which must be called urgently should also involve the security services, presidential candidates and INEC, so as to agree on a new date to avoid an impending constitutional crisis. He added that without prejudice to his party's position on the postponement, all Nigerians must join hands to ensure a free, fair and credible election which the world will be proud of. “I call on President Buhari, in his capacity as the leader to convene an expanded meeting of the National Council of State,” he said, adding: “It is at the end of the meeting that INEC should pick a new date. I disagree with INEC on the unilateral choice of a date. I don’t believe all the challenges that INEC had could be resolved within six days, that the country should expect a hitch-free election on Saturday.”

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NEWS

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

Jonathan Warns against Extra-judicial Killings Buhari didn’t order Nigerians to be shot summarily,Tinubu clarifies killings violates constitution, Dogara insists Adedayo Akinwale, Onyebuchi Ezigbo in Abuja and Emmanuel Addeh in Yenagoa Former President Goodluck Jonathan has charged security operatives to demonstrate their goodwill towards peaceful elections by desisting from extra-judicial killings. However, the National Leader of the All Progressives Congress (APC), Senator Bola Ahmed Tinubu, yesterday clarified that President Muhammadu Buhari never ordered security agencies to shoot Nigerians summarily. Despite what seems like Tinubu’s clarification, the Speaker of the House of Representatives, Hon. Yakubu Dogara, has described President Buhari’s statement as a call for extra-judicial killings, saying it clearly indicates that the country’s democracy has become the victim of a full-blown dictatorship. Speaking yesterday when youth groups in the Niger Delta led by the President of the Ijaw Youth Council (IYC), Mr. Pereotubo Oweilaemi, paid him a courtesy visit at the Goodluck Jonathan Foundation (GJF) office in Yenagoa, Bayelsa State, Jonathan also called on Nigerian youths to be peaceful and eschew violence all through the period of re-scheduled general election. “Without peace, there cannot

be development in the society. If we want to develop Nigeria as leaders and citizens, then collectively we must work hard and make sacrifices that will bring peace to our country. “When we have conflicts, it creates a very negative impression in the society, and investors are very mindful of these impressions. The most fundamental tool for building an economy of a nation is peace. The former President also charged security operatives to demonstrate their goodwill towards peaceful elections by desisting from extra-judicial killings. He said: “Anytime someone dies extra-judicially, it reduces the integrity of the country. So, if our security personnel are interested in peace, especially during this electioneering, then they must do everything to suppress extra-judicial killings; because when one person is killed unlawfully, it affects everyone.” Speaking earlier on the purpose of the visit, Oweilaemi said their visit was to align themselves with the peace philosophy of Jonathan that “nobody’s ambition is worth the blood of any Nigerian. Oweilaemi, in his speech, said: “During your time as

EFCC Arrests Atiku’s Lawyer, Giwa-Osagie Alex Enumah in Abuja The Economic and Financial Crimes Commission (EFCC), has arrested Mr. Uyiekpen Giwa-Osagie, one of the lawyers to the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar. The arrest, according to a former aide to former president Goodluck Jonathan, Mr. Reno Omokri, was made last night in Lagos. According to Omokri, a team of about 20 operatives of the financial crimes agency stormed Giwa-Osagie’s office

President, you emphasised that nobody’s blood is worth your ambition. You didn’t just say it, but you live by it everywhere you go. You have always placed national interest above personal interest”. Meanwhile, Tinubu yesterday argued that President Buhari never ordered security agencies to shoot Nigerians summarily. Speaking with journalists in Abuja at the end of the APC caucus meeting, he said the president was misinterpreted. He said the president at the meeting only reinforced that those involved in ballot box snatching will be doing it at the risk of their lives. Tinubu said “I was in that meeting; the president was just reinforcing the fact that if you are out there snatching ballot boxes, and causing destructions, you are at risk of your own life. Whatever happens to you; no president will give an order that his own citizens should be shot summarily, No! No, its okay, emotions are running high these days. Any individual, including myself can be misinterpreted. “These are not his words; he is a law- abiding person and he understands categorically and clearly what rule of law is and the lives of individual citizens that he is in that office to protect. Now, let me run

this; he has been fighting Boko Haram, kidnappers and all these before this election; did you hear him asking them to be shot and executed summarily?” Asked if the postponement of the elections has cast doubt on the credibility of INEC, he said “It depends on how it is handled and the process. How the process is managed; you can convert a crisis–a situation of adversity to an opportunity and progress. “The INEC, under the law, is empowered to postpone, cancel and do whatever is necessary to ensure free and fair election. No party ordered the anger, the disappointment, no party can reverse that. So, we are ready for February 23,” he said. Meanwhile, the Speaker of the House of Representatives, Dogara, has described President Buhari’s statement as a call for extra-judicial killings, saying that it clearly indicates that the country’s democracy has become the victim of a full blown dictatorship. The Speaker stated this yesterday during a press conference, while reacting to the statements made by the President and the National Chairman of the All Progressives Congress (APC) at the national caucus of the party yesterday in Abuja. Dogara described

President’s call for extra-judicial Oshiomhole’s claim that the Peoples Democratic Party (PDP) was given prior notice of the postponement of the elections as a blackmail. He condemned Oshiomhole over what it described as false, mischievous and inflammatory claims against the party, when he said that INEC colluded with PDP to abort last week’s elections. Dogara said it was a very surprising statement considering the fact that the federal government controls every institution and agency involved in the electoral process, including the Central Bank of Nigeria (CBN), Nigerian Air Force, aviation authorities among others. He also noted that the National Chairman of the party, Prince Uche Secondus, was the first to call for an inquiry into why the elections were postponed last Saturday, adding that the party supports a genuine and transparent probe into why the presidential and National Assembly elections could not hold. Dogara hoped that the president’s inflammatory statement was not a threat aimed at intimidating the electoral commission. The Speaker said that the PDP strongly believe that the deliberate delivery of

election materials to the wrong electoral centres, cancellation of flights, and other actions were deliberately done to sabotage and manipulate the process. Dogara stated: “These statements clearly indicate that our democracy has become the victim of a fullblown dictatorship, when one considers that a democratically elected President would give a directive that is in clear violation of the laws of the land, which by his oath of office he is to defend and protect. “In view of this statement by the president, it is obvious that the military has been given a central role and co-opted into the conduct of the elections, despite the fact that they have no constitutional role in our electoral process. “In this context, we categorically deny these false claims and unnecessary blackmail and regard the President’s statement as a call for extra-judicial killings considering the fact that there are adequate provisions in our laws to address electoral offenses. “We are also very familiar with the pressure brought on INEC by top government officials and APC leaders to go ahead with the elections despite not being adequately prepared for the election.

at 15 Military Street, Onikan in Lagos at noon and searched his office, detaining him there till 9.30 p.m when he was eventually taken into custody. Omokri said the EFCC officials did not specify GiwaOsagie’s offence even as no one was allowed access to him. The EFCC’s spokesman, Mr. Tony Orilade, could not confirm the arrest last night as he told THISDAY that he was unable to reach the appropriate officer in the commission’s Lagos office. He promised to give THISDAY a feedback today.

Gunmen Kill Four NDLEA Officials in Ondo James Sowole in Akure Gunmen last Sunday shot dead four men of the Nigerian Drug Law Enforcement Agency (NDLEA), Ondo State Command on Sobe -Ifon Road in Ose Local Government Area (LGA) of the state. THISDAY gathered that the victims were members of five -man motorised patrol team deployed in the area. A source said the men were killed by two men who came on a motorcycle, while hiding their two AK-47 guns under their apparel. The dead officers, according to findings, are: Abduljalad Mohammed, Wellington Emmanuel, Magaji Aliu and Mohammed lliyasu. It was gathered that as soon as the gunmen reached the checking pont mounted by the NDLEA, they opened fire

on the officials, killing four of them instantly while one official escaped. The killers were reported to have escaped with the firearms of the NDLEA officials while the patrol van, a Toyota Hilux, was also set ablaze. The bodies of the officials were said to have been discovered by farmers in the area, who were coming from the farms. Confirming the incident, the NDLEA Commander in Ondo State, Mr. Haruna Dagara, said the killing was an intentional act. Dagara said he suspected that the dastardly act was perpetrated by suspected Indian hemp dealers. The commander said the agency in conjunction with other security agencies in the state had put in motion measures to get to the root of the matter.

CONDOLENCE VISIT…

L-R: Chairman, Delta State Civil Service Commission, Nkem Okwuofo; widow of the assassinated Special Assistant (SA) to the governor onYouth Development, Mr. Lawrence Ngozi Ijei,Veronica; and Governor Ifeanyi Okowa, during the governor’s condolence visit to the family of SA in Asaba...yesterday

US House Member Blames Buhari for Postponement of Elections Ejiofor Alike The immediate past Chairman of the United States House of Representatives’ Foreign Affairs Subcommittee on Africa, Representative Chris Smith, has blamed President Muhammadu Buhari over the delay in conducting 2019 general election. In a statement issued yesterday, he said: “Responsibility for the delay of Nigeria’s presidential election

lays squarely with President Muhammadu Buhari and those close to him. Actions in advance of the election — including removal of Supreme Court Chief Justice Walter Onnoghen and arson attacks on Independent National Electoral Commission (INEC) offices in opposition strongholds — are undermining confidence that this election and subsequent gubernatorial elections will be free and fair. At a minimum, the presidential election must

meet the 2015 standard, which saw a peaceful transfer of power and a statement by the then-sitting president that all bloodshed must be avoided.” Smith also called upon the President Donald Trump’s administration and the State Department to focus greater attention to Nigeria. “In addition to being subSaharan Africa’s most populous nation, Nigeria is its biggest economy, and what happens in Nigeria has ramifications

beyond its borders,” Smith said. “Given the magnitude of global problems Secretary Pompeo must contend with, he should consider appointing a Special Envoy for Nigeria vested with full authority. The State Department must use all tools at its disposal, including visa denial and sanctioning authority, to hold accountable those who undermine democracy and foment sectarian and ethnic violence.”

TUESDAY FEBRUARY 19, 2019 ˾ T H I S D AY

NEWS

Atiku Counters Buhari’s Suit, Seeks N2bn Damages Alex Enumah in Abuja The presidential candidate of the Peoples Democratic Party (PDP), Atiku Abubakar, has responded to a libel suit instituted against him by President Muhammadu Buhari. Atiku, in a counter-claim which he filed in response to the suit, demanded an apology from Buhari for allegedly filing a “frivolous suit” against him.

In addition, the former vicepresident urged the High Court of the Federal Capital Territory in Abuja to order Buhari to pay a total sum of N1billion damages to be sent to Internally Displaced Persons’ camps and a balance of another N1billion for equipment of libraries and information technology equipment for all state universities in Nigeria. The main suit marked FCT/ HC/CV/ 804/2019 was filed by

Buhari and Buhari Campaign Organisation against Atiku and his aide, Phrank Shaibu, both of whom are joined as defendants in the suit. Both defendants, however, sought, “An order of this honourable court mandating the plaintiffs (Buhari and BCO) to apologise to the defendants/ counter-claimants for filing this frivolous suit against them. The plaintiffs accused the

two defendants of making defamatory statements in some national newspapers to the effect that Buhari used his position as Nigerian President to fraudulently acquire two private companies, Keystone Bank Plc and 9Mobile Communications Ltd for himself and family members and friends. The plaintiffs told the court that the defendants also falsely claimed that the President

acquired the said companies using his influence and the control he had over the head of parastatals or organisations that were connected with the activities of such companies. But in response, the defendants, through their counsel, Mr. ChukwumaMachukwu Ume (SAN), filed a statement of defence, a counter-claim and a motion seeking an order of court

striking out the name of Buhari Campaign Organisation as the second plaintiff. In their statement of defence, they said the alleged libelous statements were mere “dispassionate expressions of opinions based on true facts”. In their counter-claim, the plaintiffs narrated alleged instances of Buhari’s constitutional breaches, failure to secure life and property.

Result Sheets for Enugu West Still Missing, Court Grants Adeyanju Bail after Two Months in Detention Ekweremadu Alleges INEC replaces APC Niger East senatorial candidate Deji Elumoye in Abuja Deputy Senate President, Senator Ike Ekweremadu, has expressed concern that the result sheets to be used by Independent National Electoral Commission (INEC) for Enugu West senatorial district is still missing three days after the postponement of both presidential and federal legislative polls by the electoral body. This is coming in the wake of the replacement of Senator David Umoru with Sani Musa as the All Progressives Congress (APC ) senatorial candidate for Niger East. Ekweremadu spoke at a town hall meeting held yesterday in the local government councils that constitute the senatorial district to gauge the pulse of the people and sensitise them on the need to participate in the rescheduled dates for the general election. At Oji headquarters of Oji

River local government council , Ekweremadu, according to his media aide, Uche Anichukwu, emphsised that the result sheets was still missing, adding however that he had brought it to the notice of INEC authorities. According to him “they ensured that the result sheets for the entire Enugu West senatorial district were missing or not delivered. I have lodged the complaint with the INEC authorities, but the result sheets are still missing as I speak. He reminded the electorate that some people had earlier boasted “how they would overrun us by isolating the state for a staggered election. You must also have read the reports that Enugu State was one of the states that didn’t receive any materials or materials were incomplete. Ekweremadu also called on Nigerians not to despair over the postponement, but to strengthen their resolve to improve their lives through the

Election will Not Hold If INEC Chairman Resigns, Shittu Replies Oshiomhole Kemi Olaitan in Ibadan Minister of Communications, Mr. Adebayo Shittu, yesterday said the call for the resignation of the Chairman of the Independent National Electoral Commission (INEC), Prof. Mahmood Yakubu, by the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, over the postponement of the general election, is unfair and unacceptable. He also said if the chairman of the electoral umpires resigns, it may affect the conduct of the rescheduled general election next Saturday. The minister, who spoke with journalists in Ibadan, the Oyo State capital, queried that “would Oshiomole have agreed to resign if called upon when he supervised the worst primary elections of the APC?” Oshiomole had last Saturday while reacting to the postponement of the general election by INEC, called for the resignation of Yakubu, stating that the commission under his leadership has failed Nigerians. Shittu, however, urged Nigerians to give the INEC chairman the benefit of doubt, noting that even if he resigns, the election may need to be postponed for the new incoming chairman to prepare for fresh elections. He said: “I will not support such call for the resignation of the INEC chairman. To err is human. We have not seen any

political motivation as to what has happened in INEC. If Oshiomole calls for the resignation of the INEC chairman, he should also be preparing to resign as chairman of the party. Did anybody ask him to resign for the horrible management of primary elections under his watch? “This is the first election that Yakubu will be conducting, so we need to give him the benefit of doubt, and I will advise that all the political parties should be vigilant. If you bring in another chairman, when does such person begin to learn the process? Or will you on the bases of that call for another rescheduling of the elections? “Certainly, it is unacceptable for anyone to ask for the resignation of the INEC chairman.” On the banning of election campaign by INEC, Shittu reasoned that such ban cannot be justified by the commission, saying the constitutional provisions which stipulated 24 hours before the election should be upheld. According to him, “They must justify the ban on campaign under the law. Campaign must stop 24 hours before the elections. Political parties can make use of the best of the time. In a largely illiterate area, many of the electorate must have forgotten what they have been thought particularly on how to vote and how to identify the party logo. I will say any ban extended beyond 48hours will not be justified by anyone.”

ballot box. Meanwhile, INEC has substituted the name of Senator David Umaru with Alhaji Sanni Musa as the APC senatorial candidate for Niger East in the Saturday’s rescheduled federal legislative election. Umaru’s loss of candidacy for the election arose from directive for replacement of his name with Musa by the headquarters of the Independent National Electoral Commission ( INEC ) in Abuja last Friday . The electoral body in a letter dated February 15 and signed by the secretary of the commission, Mrs. Rose Oriaram-Anthony, directed the INEC Resident Electoral Commissioner in Niger State, Professor Samuel Egwu, to immediately replace Umaru’s name with that of Musa. The directive, INEC explained , was in pursuant to a court order which declared Musa as the APC Niger East Senatorial Candidate.

The Kano State High Court yesterday granted bail to Deji Adeyanju, a political activist and convener of the group known as ‘Concerned Nigerians’. Adeyanju has been in detention since he was rearrested in November 2018. He was granted a N500,000 bail. The court ordered him to produce two sureties and deposit his international passport. Adeyanju was first arrested

on November 28, on charges bordering on public incitement and criminal defamation, and has since then, faced three separate charges, securing bail in two of those charges. He was released and subsequently rearrested same day for allegedly “promoting terrorism on social media”. However, he was remanded in a Kano prison and charged for culpable homicide over

an alleged murder case that occurred in 2005. Justice Mohammed Haliru of the state high court, which heard the case, acquitted and discharged him and three others in 2009. The failure of the police to arraign the activist for several weeks had fueled speculation that his detention was politically motivated, an allegation the police denied.

International Election Observers Seek Visa Extension Following the rescheduling of the 2019 general election, an international election observer group, the Pan African Women Project based in South Africa has appealed to the federal government to extend the visas of all foreign observers to enable them stay until March 9, 2019. The publicity secretary of the organisation, Mphoentle Keitseng, made the appeal at a joint press conference on the general elections by domestic and international observers in Uyo, the Akwa Ibom State capital. “The Nigerian government

should instruct the Comptroller General of Immigration to extend the visas for all foreign observers enabling to stay until the March the 9th 2019 general election,” said Keitseng. The group expressed confidence in the ability of INEC to conduct the elections on the rescheduled dates but cautioned, “The Nigerian government should take into cognizance that the entire world is watching with keen interest, the entire electoral process by Nigeria. “Many measures are put in

place by different observer groups to ensure that the 2019 general election will be transparent and credible and should meet all international standards. As such, further postponement should be avoided.” She asked INEC to work assiduously towards instilling confidence in the process by constantly and timeously updating the public on its activities towards the election, just as the group also called on Nigerians to remain calm and support INEC and the electoral process.

Police, INEC Explain ‘Specimen’ Ballot Papers Impounded in Sokoto Raji Bello in Sokoto The Nigerian Police in Sokoto State yesterday debunked rumours of already thumb-printed ballot papers circulating in the state. Addressing journalists at a press conference, the Police Public Relation Officer (PPRO), ASP Abdullahi Sadiq, explained that the purported ballot papers were not genuine but specimen in nature. He narrated that a police patrol team had intercepted one Shehu Abdullahi who was in the possession of two bags loaded with specimen of the ballot papers. The PPRO added that the specimen ballots were already thumb-printed on Peoples Democratic Party (PDP) logo. “After the arrest of the suspect,

our investigation shown that the ballot papers were just specimen which was boldly inscribed on the papers. We have invited INEC officials to further confirm our position which was corroborated. The suspect is still in our custody. “We want to clarify that the ballot papers were never genuine but specimen which is allowed in accordance to electoral guides and as part of voters’ education,” Sadiq explained. Also speaking, the INEC Head of Voters Education and Publicity in Sokoto State, Mohammed Musa, noted that the ballot papers were specimen of the 2015 general election. According to Musa, “The specimen papers were not that of 2019 general elections. It was the previous elections held in 2015. Political parties have the

Olumuyiwa Talabi Passes on A renowned marketer, Mr. Olumuyiwa Olutosin Talabi, is dead! Talabi, 70, a product of Igbobi College, Lagos and the University of Lagos, served the United States Wheat Associates as Marketing Coordinator for Nigeria and sub-Saharan Africa for 22 years before his retirement in 2016. According to the family, activities for the burial ceremony started February 18, 2019, with a Service of Songs conducted by the Young Men’s Christian Association (YMCA), societies and organisations at Archbishop Vining Memorial Church Cathedral, Oba Akinjobi, GRA, Ikeja, Lagos. On February 21, 2019, a Christian wake service will

hold at the Haven Event Centre, Archbishop Vining Memorial Church Cathedral, Oba Akinjobi, GRA, Ikeja, while the funeral service will also take place at 10 a.m. on February 22, 2019, at the same church. Talabi is survived by his wife, Mrs. Gladys, who is the Globacom’s Executive Director, Legal Services; sons, daughters and grandchildren.

Talabi

right to enlighten the voters on election process,” adding that all

campaigns had stopped since 12 p.m. last Friday.”

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

T H I S D AY ˾ ˜ ͯͷ˜ Ͱͮͯͷ

COMMENT

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

THE COST OF POSTPONING THE ELECTIONS

Ehi Braimah argues the need to build strong institutions that can protect the integrity of our democracy

woke this morning and my wife told me the elections had been postponed. I replied her by saying that must be another piece of fake news because we have too many misleading and false stories in circulation these days. After I checked several news outlets, it turned out my wife was right. And I asked myself a very simple question: what’s going on here? Clearly, the postponement looked like a joke taken too far; the kind of stunt you pull on April Fool’s Day. To start with, the Independent National Electoral Commission (INEC) has put our lives on hold even if the electoral umpire had good grounds to postpone the elections – the same announcement at the eleventh hour could have been made last week; at least one week before the elections. It is now evident that INEC was not prepared to conduct these elections or they were just deceiving Nigerians and other stakeholders. Unfortunately, what INEC has done has become a familiar pattern; an egregious culture of impunity at all levels and we are supposed to just accept what has happened as normal and move on with our lives. But it is not that simple. The economy has been practically shut down because of the elections – movements are usually restricted. This is actually strange in the age of information technology and social media opportunities; so many degree programmes are now run online without students seeing the four walls of a classroom. We can now also run virtual meetings without the participants physically coming together. February 23 is a special day in the Rotary calendar because that was the day in 1905 that Rotary, a global humanitarian service organisation, was founded by Paul Harris, a Chicago attorney. The Rotary family worldwide marks the day with different activities. Here in District 9110 Nigeria, a public lecture had been planned for February 23 – venue booked; chairman, guest speaker, discussants confirmed and invitation cards printed. When we received news of the postponement, the planning committee of the event immediately reached out to all our guests to confirm a new date that was not agreeable to some of them for obvious reasons. In fact, our guest speaker and chair of the occasion have scheduled trips outside Nigeria but we had to appeal to them to accommodate the new date. Please begin to count the cost of the postponement – economic activities that are grounded at a time the economy is coming out of recession; lost time, anger, frustration, disappointment and so on. Next Saturday, we are required to just vote and sit at home; no economic activity will take place. Each time the economy is shut down, commercial activities cannot take place and the country bleeds. I have friends who travelled so they could vote where they registered and you can imagine their sense of frustration and negative reactions to the postponement. The same thing can be said of election monitors/observers and journalists on assignment around the country and wedding ceremonies and other events shifted from February 16 to February 23 because of the elections. I have checked with family and friends in different places, it is the same story of woes and disappointment everywhere. What will be the impact of the postponement on the elections now scheduled for February 23? Your guess is as good as mine.

THIS IS THE SAME YAKUBU WHO SAID MANY TIMES OVER THAT THERE WOULD BE NO POSTPONEMENT BECAUSE INEC WAS FULLY READY TO CONDUCT THE ELECTIONS. SO, WHAT DO WE BELIEVE?

I watched Prof Mahmood Yakubu, INEC chair, on television announcing the postponement of the elections and I was not impressed. I could tell from his body language that he was not sure whether he was doing the right thing – he did not appear convinced; he looked disengaged, distracted and worried. The INEC chair said the postponement was a very difficult but inevitable decision for them to take but the last minute decision is very suspicious. Prof Yakubu, the postponement at the time is was announced damages the credibility of the entire electoral process and makes us look very bad on the world stage. How do you plan for an election that has a cycle of four years and issues of postponement would arise in this day and age? I thought it would be different this time because Prof Yakubu and his colleagues ought to know the implications of the postponement in a country where we are highly suspicious of each other. This is the same man who said many times over that there would be no postponement because INEC was fully ready to conduct the elections. So, what do we believe? As a friend noted, this is Nigeria and anything can happen. This is precisely why we should begin to ask ourselves very hard questions about building strong institutions that can stand the test of time and protect the integrity of our democracy as well as the future of our children. The good news is that Nigerians - both at home and abroad – are becoming more aware of the roles we all have to play in the task of building a better country. The stakes in this election and in every subsequent election would be high because of the increased awareness - we need redemption to change the culture of engagement that would lead to progress and a better society. It has never happened before in the history of this country that you will find several young presidential aspirants seeking to make a difference in the way the affairs of this country is run; it’s a new culture taking root and I can predict that in the foreseeable future, the scale will tilt in favour of these ‘angry young men and women’ with winning mind-sets who are determined to chart a new course for Nigeria. More of their tribe would change the narrative that ‘politics is a dirty game’; instead of staying away from politics, this new generation who live on ideas day and night would go into politics and take control of the destiny of our country because the world runs on ideas. Their mandate would be to tackle key issues such as unemployment, poverty and a stagnating economy. Their number one goal, in my view, would be to dismantle the so- called ‘vested interests’ holding the rest of us captive and this characteristic was demonstrated by some of the young presidential aspirants during their campaigns and media interviews – you could feel their energy, sense of purpose and vision for a better Nigeria. The answer to Nigeria’s numerous problems will come from Nigerians – and that would be very soon. It might take some time to build a critical mass required but it will surely happen. May God bless Nigeria. Braimah is public relations and marketing strategist based in Lagos

THE MAN TO BEAT IN KANO

Kano State governor, Abdullahi Ganduje, has done remarkably well, writes Kande Ibrahim

f you have been anywhere near Kano State in recent weeks, you would have noticed that the commonest refrain in the streets of Kano resonates with the name- Ganduje. All that is required is for an excited indigene to shout Kanooo! And the thunderous refrain will be- Ganduje. Why has Ganduje become such a cult hero in Kano State? The answer to this question lies in the manner of man that Ganduje is and the transformative governance that he has brought to bear in the state.

Ordinarily, Abdullahi Umar Ganduje, the governor of Kano State, is supposed to be fighting the political battle of his life. Having run a good race in his first tenure, Ganduje is bidding for a second term in office. Well-meaning people of the state and beyond believe that he deserves to serve again considering his stellar performance in his first tenure. But some political opponents of his in the state have stacked up some obstacles for him. Prominent among them is the former governor of the state, Rabiu Musa Kwankwaso. The former governor, for some reason, defected to the Peoples Democratic Party (PDP) in the hope that the political structure in the state will collapse under him. But Ganduje, who served as deputy governor under Kwankwaso held back. He did not jump unto Kwankwaso’s defection bandwagon. Instead, he held his own and has been putting everything in place to ensure that he becomes the man to watch in Kano. So far, the odds have worked in favour of Ganduje. Kwankwaso, the man who is supposed to give him troubled sleep, has been floundering. In deciding who will fly the flag of the PDP in the state, Kwankwaso made a tactical mistake when he anointed his in-law for the top job.

Fortunately, the misstep by Kwankwaso is turning out to be an advantage for Ganduje. The Ganduje political machine has effectively sunk that of his opponents considering the speed and ravages with which it is cruising around the state. In trying to have a strong foothold on the state, Ganduje is winning virtually everybody that matters in the state to his side. Two out of the three senators in the state, with the exception of Kwankwaso are with him. And it is expected that Ganduje’s loyalists will take over the three senatorial seats by the time the February 23 elections hold. In fact, one of the biggest catches that Ganduje made is in the person of Mallam Ibrahim Shekarau, the former governor of the state. Shekarau, an avowed political foe of Kwankwaso, has joined forces with Ganduje to effectively neutralise Kwankwaso in the state. Even some top politicians who made the mistake of moving with Kwankwaso have started returning to Ganduje. Prominent among them is Ganduje’s former deputy who left his master in the hope that Kwankwaso was going to offer him the governorship ticket. Now, the chips are down and the good people of Kano are making their choice. Ganduje, from all indications, stands tall among the motley crowd of candidates jostling for the governorship slot. You will truly appreciate the governor’s level of acceptability by the people of Kano State if you operate within and around Kano State. The governor has become a huge phenomenon. His popularity is soaring by the day because the people have a lot to be happy about when they reflect on the government of the day led by Ganduje. The man is humane, humble and unassuming. There are no airs around him. That is why Government House Kano can best be described

as the people’s house. Under the present dispensation, there is no artificial brick wall that separates the leadership from the followers. All mix freely in the same environment. And this has brought everybody home. No one feels any sense of alienation. Human relations apart, Ganduje is the Mr. Projects of our time. His pursuit of landmark projects has changed the face of Kano. He is reputed to be the first governor to construct the longest flyover stretching about two kilometres along Murtala Muhammed Way, Sabon Gari. The flyover is considered to be a major solution to the traffic congestion in Sabon Gari which is the commercial hub of the state. It will also facilitate the movement of people and goods in and out of the state. With increased commercial activities which the flyover has brought about, the living conditions of the ordinary man in Kano is likely to improve. There is also the three newly completed underpasses along Katsina Road. Katsina road in Kano is a very busy road through which people, goods and services from neighbouring countries like Niger Republic, Benin Republic and even Libya pass through. The influx of people on this major artery has been a major source of discomfort to road users and businesses in Kano. But the three underpasses have provided the much needed relief. Vehicular and human traffic, noise pollution and other irritations are gone for good. This, as should be expected, will impact positively on the growth of businesses in the state. There is also the ongoing construction of Underpass and flyover at Dangi Roundabout, along Zaria road, Kano. Under Ganduje as well, a massive project called Kano Economic City located in Dangworo area of Kano is being embarked upon. The project promises to be the

largest economic hub in northern Nigeria. It is also going to be an Export Processing Zone. All of this put together make Kano a sprawling mega city. Significantly, the Ganduje flyovers and underpasses are not commonplace. They are modeled after what obtains in Dubai and some other advanced cities in the western world. Apart from the massive road construction efforts, the Ganduje administration has major landmark projects in the area of youth empowerment. One is the Reformatory Centre in Kiru local government area of the state. The other is the Skills Acquisition Centre in Kano city. The reformatory project is the first of its kind in the country. Here, drug addicts are resettled and rehabilitated. It is a programme which discourages the youth from doing drugs. At the centre, government has provided facilities for de-intoxicating the addicts, both men and women, and expose them to various trades such as carpentry and joinery, auto mechanics, technical drawing, automotive engineering, plumbing, welding, electrical and electronics, etc. The ultra-modern Integrated Vocational Skills Acquisition centre is for graduates of secondary and tertiary institutions who lack the requisite skills to be gainfully employed. The centre is therefore like a finishing school of sorts. It parades about 20 trades such as computer engineering, plumbing and pipe works, electrical installation, metal machine works, renewable energy, welding and fabrication, catering and hospitality, among others. These are signature projects which mark the Ganduje administration out. No doubt, the people feel good about the man who has given them so much. They yearn for him. This makes Ganduje the candidate to beat in the March 9, Governorship Election in the state. Ibrahim wrote from Abuja

T H I S D AY TUESDAY, FEBRUARY 19, 2019

EDITORIAL LEAH SHARIBU: One Year After We cannot afford to give up on Sharibu

oday marks exactly one year that Miss Leah Sharibu has been in the captivity of the Boko Haram insurgents. Sharibu was the only schoolgirl among the 110 students abducted from Government Girls Science and Technical College, Dapchi, Yobe State, on 19th February last year that is still with the brutal terror group. The rest, following what the federal government described as a series of “behindthe-scene-discussion,” were returned on 21st March last year to Dapchi, incidentally by the kidnappers themselves. Sharibu, who was then 14 years old, is being held back because of her faith: she is a Christian. It is indeed noteworthy that on 3rd October last year, President Muhammadu Buhari called Mrs. Rebecca Sharibu, with a clear message that his administration would do everything within its powers to bring her daughter back home. “I convey my emotion, the strong commitment of my administration and the solidarity of all THE AUTHORITIES Nigerians to you and MUST DEPLOY ALL your family as we will do our best to bring THE NECESSARY your daughter home RESOURCES TO GET peace and safety,” LEAH AND OTHERS OUT in the president reportOF THE FOREST AND edly told the mother INTO FREEDOM of the abducted girl. Four months after, there is no evidence about any efforts to rescue the girl. “The president spoke with me on phone and encouraged me not to worry, and with the assurance that my daughter will be released. Three ministers also visited me and gave me assurance but till today, I haven’t heard anything. Leah is just 15 years old. The beauty of a promise is in its fulﬁlment. Please save my daughter”, a traumatised Mrs Sharibu cried out last week. That the federal government left the girl in the ﬁrst instance in the captivity of Boko Haram when

it secured the release of 105 other girls kidnapped along with her last year, spoke volumes of the level of negligence by those who did the negotiations. If they were sensitive, they would have prioritised the release of Sharibu along with her peers, particularly being the only member of the Christian faith among the girls. To worsen matters, on 18th September last year, Boko Haram publicly announced its willingness to free Sharibu but expressed frustration over the indifference of the federal government to their various overtures.

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n a nation where religion is a hot potato issue, the continuous captivity of Sharibu remains a moral burden for the federal government especially against the background of the circumstances leading to the release of her peers and the subsequent assurance of the president to her mother. As we have argued repeatedly on this page, we cannot afford to give up on Sharibu or indeed the 112 Chibokgirls that are still pining away in captivity. They and many others held behind the lines represent a blur on our collective humanity. The authorities must deploy all the necessary resources to get Leah and others out of the forest and into freedom. Nigerians desperately need the assurance that the federal government has the capacity to defend our territory and that the life of every single citizen matters. In the instant case of Leah Sharibu, it is a crying shame that she has spent one year in captivity without any coherent plan by the federal government to secure her release beyond occasional lame statements. Aside the implications of her continued captivity for religious harmony in the country, the authorities must also understand that the promise of the constitution that the welfare of Nigerians shall be the primary purpose of government will continue to ring hollow if her release is not secured. Therefore, giving up on rescuing her cannot be an option for any self-respecting society. The federal government must spare no efforts to secure the release of Leah Sharibu and bring her home safely to her parents.

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WHY PRESIDENT BUHARI SHOULD SUSPEND INEC CHAIRMAN

t was early in the morning of Saturday, 16th February, 2019, I learnt that the Nigerian general elections have been postponed by the Independent National Electoral Commission (INEC) under the leadership of Prof. Mahmood Yakubu. According to the various newspaper reports, he said: Following a careful review of the implementation of its logistics and operational plan, and the determination to conduct free, fair, and credible elections, the commission came to the conclusion that proceeding with the elections as scheduled is no longer feasible This led to the postponement of the elections, about six hours before the commencement. This means that millions of Nigerians who had travelled back home to their villages for the elections will no longer vote. Postponement happened despite all the consistent reassurance by INEC that it is ready and that the elections will hold as planned. This is deceitful corruption of the highest order. Therefore, the INEC Chairman should be suspended and prosecuted, not on legal grounds but on the grounds of morality. The main reason Prof. Mahmood Yakubu should be suspended from the office is that he disappointed and failed Nigerians at a time that was too odd and acute to accept and he should take responsibility. This failure is gross misconduct. He had over three years to plan and execute the elections. He has enough resources to execute the elections. Another reason is for President Mohammadu Buhari to use the opportunity to remind Nigerians and the international community that the war against corruption is not a

fluke, he means business and Nigeria is no longer business as usual. Also, to suspend the INEC Chairman is to ensure that such action does not repeat itself again in the future before it becomes a horrible tradition in Nigeria’s political history. The former INEC Chairman did it under the last administration and it surely should not continue. Nigeria at this point when we are preaching anti-corruption to Africa and the World should not create and promote such a negative tradition. To appease millions of Nigerians who suffered in cost, risk and inconveniences to travel over distances that took them 12 hours and beyond or who had scheduled other activities after the elections. One of my friends has to travel on Friday, a day before the elections, so that he can arrive Port Harcourt from Abuja that day and vote the next day. The cost was N8500 by road, which means N17,000 to and from Port Harcourt. He called me on Sunday that he is coming back to Abuja because of his job but will not travel back again this weekend for the same election. This way, many Nigerians may not travel back to their wards in their villages for the elections. This is systemic disenfranchisement. Is this fair to them? Thus the number of votes in the coming elections would be reduced. Is this what Nigerians should accept? Prof Yakubu should pay a price for this: he should leave the office. There is also the humility aspect of the postponement. Prof Yakubu refused to apologise to Nigerians by arguing that the word “regret” used in his address to the media on that Saturday means apology. But in his first statement

postponing the elections that early morning, he never apologised to Nigerians either by using the word “regret” or “sorry” or “apology”. Let me remind him that in Nigeria, we are not English people. To an average illiterate Nigerian, regret does not mean sorry or apology. What he or she wants to hear is sorry or apology. But for a professor not to be humble enough to pronounce the word apology or sorry to his fellow citizens proved to me that our professors are not humble and humility is one cardinal attribute of that level of intellectuality. Not doing it smacked of arrogance or pomposity and such professors should have no business in public service. Whether he is suspended or not, Nigerians deserve an unconditional plain apology from him. Regret is not apology in Nigerians’ understanding of English Language and that was why most media houses did not report that he apologised to Nigerians. Finally, this postponement is hard to explain to the international community who was beginning to build hope that Nigeria is really changing for the good. How do I explain such a distasteful and annoying failure to my friends in Kenya, Botswana and Ethiopia? The truth is that the international community is bewildered, even though they may pretend they are not. It is for these reasons I opine that the INEC Chairman, Professor Yakubu be suspended from office with “immediate effect and automatic alacrity”. To continue the process, his second in command should quickly conclude it in three month’s time. The National Assembly (NASS) should suspend any part of the law that makes it difficult for INEC to have more days to conclude this process. Okachikwu Dibia, Abuja

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

T H I S D AY Ëž TUESDAY FEBRUARY 19, 2019

POLITICS

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

TRENDING NEWS

Awakening Another Heated Public Debate Nseobong OkonEkong writes that President Muhammadu Buhariâ€™s statement at a caucus meeting of the All Progressives Congress literarily pronouncing death sentence on ballot box snatchers has exposed the President to avoidable verbal attacks

Buhari

Dogara

Yakubu

Mike-Ozekhome

military to identify hotspots , flash points, they should be prepared to move. They too would have made their own arrangement as possible and resources provided as much as the country can afford it. And anybody who decides to snatch ballot boxes or lead thugs to disturb it (elections) , maybe that would be the last unlawful action he would take. I have directed the police and the military to be ruthless. â€œ So, President Buhari can utter such a firm command? Where was this stern President when people were routinely killed in Benue, Plateau and Kaduna? Imagine what a statement of this nature could have meant in the circumstance. What the President invariably said is that perpetuating himself in office (by his overtly sinister concern for electoral propriety) is of more importance to him than preventing organised carnage and bringing to book those who are responsible. While the Presidentâ€™s speech clearly promotes jungle justice and extra judicial killing, what the agents of the state who may be directly carrying out this order to the letter should know is that they are individually liable for their actions, whether now or in future. The image of a possible trial and conviction for murder must be at the back of their mind as they consider the Presidentâ€™s statement. â€œI am going to warn anybody who thinks, he has enough influence in his locality to lead a body of thugs to snatch boxes or to disturb the voting system, he would do it at the expense of his own life.â€? The Presidentâ€™s statement at a caucus meeting of the All Progressives Congress (APC) literarily pronouncing death sentence on ballot box snatchers has awakened heated public debate and exposed the President to avoidable verbal

attacks. When he is not not reading from a script, Buhari has a penchant for saying the wrong things, that will leave handlers running all over the place in a bid to do damage control. By repeating the same thing, the President has shown that if he is willing to circumvent laid down procedures to serve his own kind of justice on those he has accused and convicted. What the President said yesterday is not different from what he said on the campaign podium everywhere he went: â€˜Corrupt persons would be sent to jail.â€™ He even said it was his sacred duty. Note he did not say they will be made to face the law. This President does not have the patience to follow through with the long and winding procedures of jurisprudence. Often, he expressed his frustration, saying the judiciary was preventing him from tackling corruption to a logical end. Buhariâ€™s demonstrated hatred for the legal system is ironic, seeing that he sought redress from the courts every time he lost in his previous failed attempts to become president. Rounding up his speech, the President tried to absolve him and his party, the APC of the dire consequences that may befall would be defaulters. He said, â€œWe are not going to be blamed that we want to rig elections. I want Nigerians to be respected, let them vote whoever they want across the party. Iâ€™m not afraid ... As you said, I have gone round all the 36 states and Abuja. I think I have gotten enough support across the country. â€œ Speaker of the House oof Representatives Rt. Hon. Yakubu Dogara has already said that there are adequate provisions in our laws to address electoral offenses. He interpreted the Presidentâ€™s statement thus: It â€œclearly indicate that our democracy has become the victim of a full blown

dictatorship, when one considers that a democratically elected President would give a directive that is in clear violation of the laws of the land which by his oath of office he is to defend and protect. In view of this statement by the president, it is obvious that the military has been given a central role and coopted into the conduct of the election despite the fact that they have no constitutional role in our electoral process.â€? Constitutional lawyer and rights activist, Chief Mike Ozekhome viewed the Presidentâ€™s speech as, â€œusurping the powers of INEC and the Police,in his never fading military mindset to do utter this most inflammatory and unconstitutional statement. This statement, to say the least,is not only outrageously unpresidential, but it shows his extreme desperation and panicky mindset. For the records,it is the presidentâ€™s own APC party that has so far been involved,to the knowledge of the whole world,in bizarre acts of electoral malpractices during their primaries, leading to an implosively divided party of disparate and inchoate tendencies. APCâ€™s leading lights have so far preached terror, â€œbody bagsâ€?,mayhem,strife,stoned their president and leaders,booed others,killed some in cold bloodshed,denied themselves tickets,and generally engaged in acts of gansterism, hooliganism and shameless â€œagberoismâ€?, quite unbecoming of a ruling party. Presidents donâ€™t preach violence,nor engage in scare mongering,as Buhari is currently doing at every turn and opportunity. Presidents are known to be extremely cautious and restrained, even when others do not. This is because a president is supposed to approximate the highest ideals,morals and nobility of the national psyche, ethos and consciousness.â€?

t a time when many Nigerians are still struggling to recover from the trauma of the postponed national elections, President Muhammadu Buhari may have inflicted another damaging blow on the psyche of many right thinking people with a statement that is revolting to the cultured. If the President meant to sound and look tough, the many lost opportunities that this kind of posturing would have been soundly applauded were lost in the past. Terrorists and herdsmen have visited communities with casualties, again and again, yet not as much as a whimper was uttered from the President. His silence at such times of grave national tragedies was deafening. Every plea to draw him out to take this kind of tough stance against the marauders fell on deaf ears. Such was his stony visage that many wondered if Buhari has blood running in his veins. Or else, how could helpless citizens to whom he owes the primary duty of securing their lives and property be so mercilessly ravaged repeatedly, without, as little as, a condemnation from the President? Many families are still living with the hurt of a missing or dead loved one, while the perpetrators of these heinous crime are walking around free: and perhaps, hatching another evil plot. To have the President come out smoking against would be electoral offenders is the most brazen assault on the already bruised and battered ego of those who suffered varying degree of losses, including military personnel, that the Commander-inChief does not spare a thought for. His speech was instructive. â€œI do not expect anybody to make any disturbance, I have briefed the law enforcement agencies and the

WHAT ELECTORAL SAYS ON BALLOT BOX SNATCHING r4FDUJPO PG UIF "DU TQFDJGJFT years imprisonment for any one who snatches ballot boxes at an election. r4FDUJPO TUBUFT i" QFSTPO who- Threatening directly or indirectly, by himself or by another person on his behalf, makes use of or threatens to make

use of any force, violence or restrain; (b) inflicts or threatens to inflict by himself or by any other person, any minor or serious injury, damage, harm or loss on or against a person in order to induce or compel that person to vote or refrain from voting, or on account of

such person having voted or refrained from voting; or (c) by abduction, duress, or a fraudulent device or contrivance, impedes or prevents the free use of the vote by a voter or thereby compels, induces, or prevails on a voter to give or refrain from giving his vote, (d) by

preventing any political aspirants from free use of the media, designated vehicles, mobilisation of political support and campaign at an election, commits an offence and is liable on conviction to B GJOF PG / PS JNQSJTPONFOU for a term of three years.â€?

T H I S D AY ˾TUESDAY FEBRUARY 19, 2019

STATE OF THE POLITY

Another Look at the Traumatic Security Situation in Kogi Nseobong Okon-Ekong writes that Kogi State has been a ﬂashpoint of recurring incidents of violence capable of undermining the forthcoming polls

Bello

here is a need to use the window in the run-up to the new date of the presidential and parliamentary elections, to further evaluate crucial matters arising against the backdrop of recent security developments in Kogi State, in the run-up to the all important polls. The experience of Friday February 15, 2019, when hooded thugs encircled the GRA, Lokoja home of former Governor Ibrahim Idris, while he was hosting the cream of the leadership of the Peoples Democratic Party (PDP) in the state, is very instructive. It took a phone call from Gen. Tunde Ogbeha, a former senator representing Kogi West in the Senate, to put a call through to the Commander, Command Army Records, Lokoja, whose men arrived the besieged home of former Governor Idris in response to Ogbeha’s call and dismantled the thugs. Information in the public domain, confirms that the masked hoodlums, merely took a walk into Government House, Lokoja, through the rear access, unchallenged. It has been reported that a member of the Kogi State House of Assembly, Friday Makama, dared one of the masked thugs during the siege on leaders of the PDP in Kogi State, and indeed unmasked him. Makama was buoyed by the resolve of youths who accompanied their leaders to the venue of the meeting. His bravery caused panic in the camp of the intruders who are reported to have been imported into Kogi State by Edward Onoja, Chief of Staff to Governor Yahaya Bello. That the thugs walked seamlessly into Government House, Lokoja, raises questions about who actually procured and assigned them. This calls for immediate inquest by the security services, to preempt disorder and violence, before, during and after the elections. There were reports that around the external surroundings of Government House, Lokoja, barricades were mounted by the same thugs after they had been dispersed by the Army. They reportedly shot at the vehicle tyres of AVM Salifu Atawodi, Senator Dino

Adamu

Melaye and two others, as they drove out of the venue of the meeting in Alhaji Ibrahim Idris’ place, in broad daylight. One of survivors of the attack who spoke on the condition of anonymity, said their assailants were ‘masked, heavily bearded, with some wearing ear-rings.’ The general insinuation is that if there is no tacit backing from Government House, Lokoja, such brazen daylight assault by unknown gunmen could not have been contemplated. Residents of Okene in Kogi Central senatorial zone where Governor Yahaya Bello comes from, had their night rest rudely interrupted by sustained and sporadic gunshots upon the arrival of Bello, the night before the rescheduled elections. The shooting lasted through the night. The gunshots were reportedly fired by thugs dressed in police uniforms, procured from out of state and was intended to scare residents of the five local government areas in Kogi Central: Adavi; Ajaokuta; Okene, Okehi and Ogori-Magongo, from participating in the earlier scheduled

The general insinuation is that if there is no tacit backing from Government House, Lokoja, such brazen daylight assault by unknown gunmen could not have been contemplated

Saturday, February 16 polls. Kogi Central has been a major flashpoint in recent weeks and months. On New Year’s, eve for instance, attacks on supporters of the senatorial candidate of the Social Democratic Party (SDP) Natasha Akpoti, by suspected thugs of the All Progressives Congress (APC) in Kogi Central, led to the death of Ojo Enessi, a youthful SDP supporter. The Kogi State Commissioner for Water Resources, Didat Ozigi Salami and the Sole Administrator of Okehi LGA, Abdulraheem Ohiare, were fingered in the attack. Two suspects, Ismaila Kashim and Abdullahi Suleiman, were arrested by the police in connection with the murder. They were transferred to the Kogi State police headquarters in Lokoja, but subsequently released on the instructions of Edward Onoja, who reportedly drove personally to the state police command to take them. An attack on the vehicle of former Kogi State Commissioner for Finance, Biodun Ojo, in Ijumu LGA, Kogi West senatorial zone, in the course of a political procession by the PDP, was reportedly orchestrated by Taofiq Isah, the Sole Administrator of the local government. During the Lokoja/Kotonkarfe House of Representatives by-election last year, even the Speaker of the State House of Assembly, Matthew Kolawole, was pictured leading armed thugs to attack innocent voters in the more rural communities in Lokoja LGA. Kogi State has been a flashpoint of recurring security developments capable of undermining the forthcoming polls in recent weeks. Just last week ago, Thisday broke the news of the procurement of three motorised, heavy duty communication jamming equipment by the Kogi State government, for the sole purpose of distorting realtime communication on election day, as thugs and election manipulators will hope to compromise the figures from the election. Spokesman to Governor Bello, Kingsley Fanwo, confirmed the procurement of the classified equipment, even as he argued they are ‘specifically for the use of the governor.’

Last Friday February 15, litigants from Kogi West senatorial zone won a court case filed to enforce the designation of Kabba, headquarters of Kabba-Bunu LGA, as senatorial headquarters of Kogi West and collation centre for election results for the seven local governments in the zone: Kotonkarfe, Lokoja, Kabba-Bunu, Ijumu, Mopamuro, Yagba East and Yagba West. Barr Kola Ojo zonal chairman for the Peoples’ Democratic Party, PDP, in Kogi West, had instituted the legal action upon insistence by the Resident Electoral Commissioner in Kogi State, Prof James Apam, that he would maintain the status quo he inherited, a resolve viewed with suspicion by Kogi West constituents, against the backdrop of the daylight rape of popular votes in the Lokoja/ Kotonkarfe by-election. Justice D.U. Okorowu of the Federal High Court, Lokoja, who ruled on the matter, citing the the 1999 Constitution of the Federal Republic of Nigeria, said the fact that a mistake had been repeatedly made for 20 years since 1999, is not substantiated by the Constitution. He said only the National Assembly can change the extant provision. The security services have usually demonstrated courage in taking in potential aggressors whose misdemeanour may obstruct the public peace and impugn national security at times like this. As governorship candidate on the platform of Peoples’ Progressive Alliance, PPA, in Abia State in 2007, Theodore Ahamaefule Orji, who was later to become governor, was in police custody. Even as a former deputy governor and senatorial candidate in Osun State, Iyiola Omisore, was held in custody, for conduct inimical to public peace. The Acting Inspector-General of Police, Adamu Mohammed and the Director-General, Department of State Services, Yusuf Magaji Bichi have thus far demonstrated commitment to professionalism. This must be brought to bear in the security situation in Kogi State.

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

19.02.2019

WEEKLY PULL-OUT

‘CORRUPT JUDGES AND LAWYERS MUST BE SHOWN THE WAY OUT’

Chief Kayode Sofola, SAN

2/DASHBOARD

19.02.2019

Eﬀect of Absence of Jurat in Confessional Statement of an Illiterate PAGE 4

Young Lawyers Mentored on How to be Successful, in the Business of Law PAGE 5

Successive Govts, NASS, Responsible for 2019 Election Delay, Says SERAP PAGE 5

QUOTABLES ‘....When you have parties that are grounded in ideological positions....But, what we have seen in Nigeria, especially in the recent past, is what I called in my Gani Fawehinmi lecture this year, a choice between Twiddledee and Twiddledum....six and a half and half a dozen - really no choice....Nigeria has to progress and become more ideological, so that, parties tell us their vision for Nigeria, which will lead to the mission they want to pursue. It is not clear now.’ – Professor Akin Oyebode, Professor of International Law & Jurisprudence A ‘ nybody who argues that corruption is not an existential issue for Nigerians, and it is not a significant factor for Nigeria not being able to play her role as the so-called ‘Giant of Africa’, is not thinking very deeply and rationally.’ - Professor Bolaji Owasanoye, Chairman, Independent Corrupt Practices and Other Related Offences Commission

2019 Elections: Group Establishes Platform for Report PAGE 6

‘A Lawyer Must Carry Himself With Dignity, Elan and Panache’ PAGE 6

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

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

A Tale of Two Docked Men

My Predicament

few weeks before last Saturday’s elections, having spent the past few months listening to countless electoral debates and discussions, I started to seriously consider who I would vote for, especially in the Presidential election, analysing all that I had seen and heard in the past few years. I was certainly between a rock and a hard place, the devil and the deep blue sea; not in the sense that I had the dilemma of whether I should vote for President Muhammadu Buhari (Baba) or Alhaji Atiku Abubakar, a situation which Professor Akin Oyebode referred to in a brilliant satire, as a choice between “Twiddledee and Twiddledum”, but because I had to choose between voting my conscience, or voting to ensure that Baba or rather, the ‘cabal’ as they are popularly called, do not return to office, having done a rather atrocious job, so far. No, my predicament is, which is more important - voting according to my conscience, which is more of a personal thing, and of value to only me, as an individual, or trying to do my bit, to contribute to the development of a culture, of voting a non-performing elected official out of office, when the need arises, which would be of benefit to all Nigerians, as a whole? Chapter 2 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), which contains the Fundamental Objectives and Directive Principles of State Policy, is not directly justiceable, and therefore, there’s little or no accountability on the part of Government, to the people. Until this changes, one of the most effective ways available to the people to exert some form of accountability from Government and elected officials, is by voting them out of office, when they fail. Since our people never want to leave office (even when their term of office is up), the fear that they will not be re-elected if they do not perform satisfactorily, will make them sit up and take their tasks more seriously. Postponement of the Elections Having eventually made up my mind on who to vote for last Saturday, sometime on Friday evening, rumours started flying around, that the elections were to be postponed. I reached out to INEC officials, and finally got confirmation of the postponement at 1.55am on Saturday. I felt like a bride, who had been jilted at the altar! What had happened? Professor Mahmood Yakubu, the INEC Chairman, had repeatedly assured Nigerians in various television interviews, that his Commission was more than ready to conduct the elections, and they would hold as scheduled; that INEC’s 14-point agenda for the upcoming elections or whatever, had been more or less completed. Sections 64(2), 105(2), 135(3) and 180(3) of the Constitution, provide for the postponement of elections, only in dire circumstances of war, and a resolution of the National Assembly is required, to extend the four year term of office of Government, for a further period which shall not exceed a period of six months. These provisions however, cannot be applicable in this case, since we are

INEC Chairman, Professor Mahmood Yakubu

not in a state of war, and as far as the Boko Haram insurgency is concerned, the Federal Government has constantly declared to all who care to listen, that the terrorist group has been “technically defeated” and vanquished. In any event, war was not the reason given by INEC, for the postponement of the elections. Section 26(1) of the Electoral Act 2010 (EA) allows INEC to postpone elections if “....there is reason to believe that a serious breach of peace is likely to occur if the election is proceeded with on that date or it is impossible to conduct the elections as a result of natural disasters or other emergencies....”, provided that, another date for holding the election is given. Professor Yakubu, gave some reasons why the Commission was constrained to postpone the elections, attributing them mainly to ‘logistical reasons’ and sabotage, for instance, the fire outbreaks which occurred in INEC offices in Anambra, Plateau and Abia States, a few days to the elections, and the inability to deliver election materials to certain destinations, due to bad weather, caused by the harmattan. Do these reasons postulated by INEC, meet the requirements of Section 26(1) of the EA? Maybe or maybe not. You decide. While some believe that the reasons provided by INEC were cogent enough, there are numerous dissenters, who believe that those reasons were simply not weighty enough, as INEC should have made adequate arrangements for unforeseen eventualities, having been preparing for the elections for years, and having been provided with adequate funds, by Government. For instance, the excuse of harmattan, was rejected as flimsy by some, saying that harmattan is neither a natural disaster, nor an emergency, and knowing that this is the season of harmattan, INEC should have taken necessary precautions, knowing that visibility is usually a problem during this season, and attempted to deliver the materials in good time, and not at the last minute. The Timing Several permutations make it seem somewhat obvious that, INEC may have had foreknowledge that the elections would be postponed, last Saturday. To say that it was inconsiderate of INEC, to leave the dissemination of this vital piece of information to the public, to the ‘eleventh hour’, is an understatement. I wonder what the real reasons behind that decision were, because like I said last week, the Professor Yakubu I watched on television, seemed determined to deliver an ‘A Class’ election, and timeously too. The sudden and extremely late postponement, caused a great deal of inconvenience and huge financial costs to many Nigerians. I heard on television that, Nigeria as a country, lost billions, because of it. News clips on television last Friday, showed many people at the bus terminal, travelling home to the Southern part of the country, from places like Kano, to avoid being casualties in any post-election violence. They were complaining that, they could ill- afford it, but they had to withdraw their children from school, albeit temporarily, at this time when schools are in session, to travel home, because they were afraid of the post-electoral violence which could be unleashed, like that of 2011. Places of Business which could have

remained open last Saturday, had there been foreknowledge of the postponement, were closed, and they will also be closed and lose revenue again come Saturday, the new election date. What of those who fixed their marriages and other functions for Saturday, erroneously thinking that the February 16 elections, would have been concluded the week before? Some Nigerians in the diaspora, travelled home, to come and vote. They probably took a few days off work, to come home to vote, and return to their bases. What happens to them now? The 2011 and 2015 elections were also postponed, but Nigerians were given adequate notice, in the case of that of 2015. The Youth Corpers Video clips of NYSC members who are to work as ad-hoc staff for INEC for the elections, were shown on the television, and their working conditions are rather deplorable and inhumane, contrary to Section 17(3)(b) and (c) of the Constitution. They were shown sleeping on the floor or with their heads resting on the desks, and taking refuge in abandoned ‘danfo’ buses, so many of them packed unhygienically like sardines, within a limited space. INEC, with the huge budget that was allocated to them, should have done much better than that. Most of us (including INEC staff), would not tolerate our children being treated in such a shabby manner like that, so why subject other people’s children, to that kind of harsh, degrading treatment? A friend of mine told me a few weeks ago that, her daughter had been posted to work as an INEC ad-hoc staff, as part of her NYSC, and that, she and her husband had written to NYSC, to tell them that their child should be excluded from the exercise. She confided her fears to me, saying that, they were afraid; that her daughter could not be replaced, if anything happened to her during the elections. Even though NYSC has assured its members of their safety during the elections, that they will also not be posted to volatile areas and so on, we all know that assurances from majority of our Government agencies, are meaningless and empty, and must be taken with a pinch of salt (more like a container load of salt). P.S.: Docking of the CJN Wonders, they say, will never cease. I agree! Apart from the fact that we now have Professor Mahmood Yakubu in the dock of public opinion, for the first time in Nigerian history, last week, we witnessed a Chief Justice of Nigeria appearing in the dock, before a Chief Magistrate! What can I compare the CJN’s docking to? A Sergeant giving orders to a General? Knowing that presently, we have a Government that is not shy about throwing caution to the wind, should the CJN simply have resigned, knowing that it would come to this, and therefore, more important that the sanctity of that office be preserved and protected? But, then, would the CJN’s resignation have signified to the public, that he has admitted to being corrupt (a choice between two fires)? I again restate my earlier stand, that the CJN is not above the law, and if he is involved in any wrongdoing, he must face

Hon. Justice Walter Onnoghen

ONIKEPO BRAITHWAITE

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

“....LOGISTICAL REASONS’ AND SABOTAGE, FOR INSTANCE, THE FIRE OUTBREAKS WHICH OCCURRED IN INEC OFFICES IN ANAMBRA, PLATEAU AND ABIA STATES, A FEW DAYS TO THE ELECTIONS, AND THE INABILITY TO DELIVER ELECTION MATERIALS TO CERTAIN DESTINATIONS, DUE TO BAD WEATHER, CAUSED BY THE HARMATTAN. DO THESE REASONS POSTULATED BY INEC, MEET THE REQUIREMENTS OF SECTION 26(1) OF THE EA? MAYBE OR MAYBE NOT” the music, but through legal and constitutional means. Two wrongs, they say, can never make a right. Again, I say that the procedure which has been adopted by Government, to arrive at their expected end in the CJN’s matter, is not just faulty, but unconstitutional. My concern is that, such behaviour not only destroys institutions, it sends an extremely wrong signal to rest of the world, when Government itself, seems to have absolutely no regard for the rule of law. When I was studying Economics (with a minor in Business Administration) at University, we had a course called ‘Strategic Planning’. One of the topics we took, was about issues that must be considered, when trying to set up a new business or making investments, such as, the product, knowing your environment and whether the product is likely to sell, the competition, the market, and whether the dispute resolution mechanisms are adequate. Just like a corrupt justice system is anti-investment/anti-FDI, so also, is an environment where Government takes arbitrary decisions, without consideration for the rule of law. Why would any sane person, go and invest their money in a country where they practice ‘jungle justice’? Where Courts and Tribunals give ‘Ofege’ Orders, which are clearly an abuse of court process? Investing one’s money in such a climate, would be at one’s own peril. Just like the CJN is subject to the law, people like the Chairman of the CCT, the AGF, and all Lawyers, are also subject to our rules of professional ethics, and therefore, we must never forget that, we can be sanctioned by the Legal Practitioners Disciplinary Committee or the Legal Practitioners Privileges Committee of the NBA, for misconduct. A corrupt justice system or a justice system which is meant to be independent, but is hijacked by the Executive arm of Government, to mete out its own form of justice, are both unacceptable.

4/LAW REPORT

19.02.2019

Effect of Absence of Jurat in Confessional Statement of an Illiterate

T Facts

he Appellant was arrested with 18kg of cannabis sativa (Indian hemp) on 6th June, 2011. On the following day, he made an extra-judicial statement to the officer and men of National Drug Law Enforcement Agency (NDLEA), which said confessional statement was tendered at the trial Court and marked Exhibit A during trial. In Exhibit A, the thumb impressions of the Appellant were contained on several pages, as means of authenticating the statement. Upon arraignment on 30th June, 2011, hearing could not commence, because the Appellant was not represented by counsel. On the adjourned date of 5th July, 2011, the Appellant was formally arraigned on a single count charge of being found in unlawful possession of or dealing in 18kg of cannabis sativa, contrary to and punishable under Section 11C of the NDLEA Act, Cap N30, Laws of Federation of Nigeria, 2004. During the proceedings, the Appellant admitted to committing the offence, and having owned up to the fact that the substance tendered was found in his possession, the trial court summarily convicted him, and sentenced him to four years imprisonment. Although his counsel was in court when the proceedings took place, the Appellant was dissatisfied with the conviction and sentence by the trial court; hence, he appealed to the Court of Appeal, where the appeal was dismissed for want of merit. The Appellant further appealed to the Supreme Court. Issues for Determination The issues adopted for determination of the appeal are: 1. Whether the Court of Appeal was right, when it held that, the Illiterates Protection Act does not apply to criminal proceedings, notwithstanding that, there was no law which expressly or impliedly rendered the law so inapplicable. 2. Whether the Court of Appeal was right, when it held that, the Appellant was not an illiterate, notwithstanding that Exhibit A disclosed sufficient evidence of the Appellant’s literacy status. 3. Whether the Court of Appeal was right, when it held that, in view of the plea by the Appellant, the trial court was right to have admitted and utilised the confessional statement (Exhibit A), without the Prosecution calling the officer who recorded and interpreted the said Exhibit A, to testify. Arguments For the Appellant, it was argued that, the Illiterates Protection Act applies to all letters and documents made in the name of any illiterate person, as there is no express provision, which suggests as limiting the operation of the law to business or commercial transactions only. Counsel for the Respondent on his part, argued that the Illiterates Protection Act does not apply in criminal proceedings, as the extra-judicial statements are covered by the provisions of the Judges’ Rules. Also, that the issue of whether or not the Appellant is an illiterate, is a matter of fact which the Appellant has the onus to prove before the trial court, but failed to do so. Court’s Judgement and Rationale The Supreme Court noted that, the argument between the parties revolved around the admissibility of the confessional statement made by the Appellant (Exhibit A). which was volunteered to the officers of the NDLEA. Contrary to the submission of Appellant’s counsel, that the conviction of the Appellant by the trial Court was founded on Exhibit A, the Apex Court found that, the trial Court relied also on the voluntary admission of the offence in open Court, when the Appellant pleaded guilty to the charge. On the grouse of the Appellant from the judgement of the Court of Appeal, it was added that, the issue on the Illiterates Protection Act having no bearing in criminal proceedings, was in relation to the context and circumstances under which the Court made the remarks. Their Lordships explained that, what the Court of Appeal meant was that, there are specific provisions in relevant laws governing the method of recording the statement of an accused person by an investigating officer, other than the Illiterates Protection Law/Act. This can be garnered from the holding of the court below, that Sections 215 and 218 of Criminal Procedure Code and Section 36(6) of the 1999 Constitution (as amended) provide that, where a person charged with criminal offence does not understand the languages of the Court, he is entitled to an interpreter who can read and interpret the Charge or offence he is charged of committing. The Court opined that, the context of the statement meant that the existence of relevant laws governing recording of confessional statement of an accused person by the Police or other law enforcement agents in criminal matters, renders the provisions of the

Hon. Amiru Sanusi, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 14th day of December, 2018 Before Their Lordships Olabode Rhodes-Vivour Mary Ukaego Peter-Odili Amiru Sanusi Ejembi Eko Sidi Dauda Bage Justices, Supreme Court SC.145/2013 Between Umaru Sunday .........

Appellant

And Federal Republic of Nigeria ............Respondent (Lead Judgement delivered by Hon. Amiru Sanusi, JSC)

Illiterates Protection Law/Act inapplicable in criminal matters. Further, the provisions of Section 215 and 281 of the CPC and the Criminal Procedure (statement to Police officers) Rules of 1960, which had since then been applicable throughout the Northern States of Nigeria, also governs the complaint of the Appellant, on the manner Exhibit A was recorded. Some of the grudges of the Appellant on the alleged non-compliance with the provisions of the Illiterates Protection Act, had been taken care of by other laws which relate to recording of confessional statements made by accused persons to other law enforcement agents, who are authorised by law to record statements of persons charged, to be arraigned in courts for commission of crimes. The Apex Court hinted that, the remarks by the lower Court could not have worked any injustice against the Appellant, since the Court acknowledged that, there were other provisions

“....THE ABSENCE OF A JURAT IN A DOCUMENT SIGNED BY AN ILLITERATE, DOES NOT RENDER SUCH DOCUMENT NULL AND VOID, SINCE A JURAT IS FOR THE PROTECTION OF THE ILLITERATE, AND CAN, THEREFORE, NOT BE USED AGAINST HIS INTEREST”

in other laws which govern the recording of the confessional statement of an accused person, that were more relevant than the Illiterates Protection Act. This issue was resolved, against the Appellant. On the second and third issues, the Court considered the germane issues, as the effect of non-inclusion of jurat in the confessional statement, and whether there had been disclosed in the case, sufficient evidence to convince the Court that the Appellant is really an illiterate. It was observed that Exhibit A did not bear any signature of the Appellant, but merely his thumb-impression. It is the law that, mere thumb impression on a document, is tantamount to prima facie evidence as in the instant case, that the person who appended his thumb impression, is an illiterate. EZEIGWE v AWUDU (2008) All FWLR (Pt. 434) 1529. Furthermore, an illiterate is that person who cannot read, understand, and express his opinion by writing in the language which is used in the document made or prepared on his behalf. Hence, a person who is unable to read and write in some other language, is not an illiterate within the meaning of the Illiterates Protection Act. Therefore, the issue of who is actually an illiterate, cannot be presumed by court, but it is an issue which must be proved by evidence, and the burden to prove such assertion of illiteracy, lies squarely on the person who alleged such illiteracy. In the instant case, the Appellant, although represented by counsel when his statement was tendered at the trial court, never raised the issue of illiteracy. He also did not raise the issue of absence of jurat or that the statement was made by him under duress or inducement, or that he required the services of an interpreter to explain its contents to him, or even that he did not understand the language of the court. These failures on the part of the Appellant, showed that the Appellant failed to establish that he is an illiterate especially through the proceeding. In addition, the absence of a jurat in a document signed by an illiterate, does not render such document null and void, since a jurat is for the protection of the illiterate, and can, therefore, not be used against his interest - WILSON v OSHIN (2000) 6 SC (Pt. III) 1. On the complaint of failure to call the recorder of the statement, the trial Court conducted a short summary trial, since the Appellant admitted committing the offence he was charged with. Upon the arrest of the Appellant, he confessed to committing the crime, and thereon made a voluntary statement; he did not plead illiteracy then. During his arraignment, he maintained the stance and pleaded guilty to the charge, which was in tandem with his voluntary confessional statement. The challenge to the statement arose at the Court of Appeal, which was not a case of ‘retracted confession’, since the Appellant never testified in the case. The challenges poised by his counsel, did not relate to want of voluntariness of the confession due to duress or inducement applied by the investigator or the non-calling of an interpreter or the recorder of such statement, which would have rendered the statement inadmissible. It is trite law that, where a person makes a voluntary confessional statement which is direct, positive and is properly proved, a trial Court can convict him, even on such statement alone, without necessarily looking for any corroborative evidence. KIM v STATE (1992) 4 NWLR (Pt. 233) 17. In addition, a Court can convict an accused person based on his confession alone, in as much as it is satisfied with the truth of such confession. Therefore, once a court is fully convinced of the truth of a confessional statement, such statement alone, can ground a conviction. In this case, the trial court did not only rely on the confessional statement of the Appellant, but also on the admission of his commission of the offence when he unhesitatingly admitted his guilt in the presence of his counsel of choice, when the Charge was read to him. It follows that, the lower courts rightly convicted the Appellant, as charged. Further, the alleged failure on the part of the Respondent to call the recorder of the statement to testify, was not fatal to the case of the Prosecution, as it was immaterial from the surrounding circumstances of the case. The second and third issues were thus, resolved against the Appellant. Conclusively, the Supreme Court accordingly dismissed the appeal, and affirmed the judgement of the Court of Appeal, which had earlier affirmed the judgement of the trial Court. Appeal Dismissed. Representation: Taiwo Kupolati and Taiwo Ajiboye for the Appellant. F. A. Oloruntoba, Y.S. Mshellia and M.E Faruna for the Respondent. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

19.02.2019

NEWS/5

L-R: Adedunmade Onibokun, Barinaada Bema Alexander, Fola Alade, Tosin Omotosho, Derin Fagbure, Faith Obafemi and the Convener, Busola Ajala at the Business of Law Conference in Lagos

L-R: Marx Ikongbeh, Chinyere Okorocha, Busola Ajala, Omoogbube Anetekhai, Mrs. Funmi Roberts and Israel Aye at the Conference in Lagos

Young Lawyers Mentored on How to be Successful, in the Business of Law Stories by Akinwale Akintunde Young Nigerian Lawyers all over the country gathered at The Muson Centre, Onikan, Lagos recently, to be mentored on how to master the business of the legal profession. The gathering, which was the first of its kind, was the maiden edition of a Business of Law Conference with the theme: ‘Mastering the Business of the Legal Profession: A Mechanism for Wealth Creation’. Setting the tone for the discussion, the Convener, Busola Ajala, said it was the belief of the founding fathers and pioneers of the legal profession, that justice should be accessible and affordable for all, thus, there was an aversion towards commercialisation of the profession. According to her, times have however, changed, and things are much more different than what was obtainable then. “For a good number of us that are in the profession, the practice of law is not just a hobby, Law Practice is our primary source of livelihood. And, if that be the case, then we should understand and master how to make the best from it, and not only be good at our craft, but also have commensurate results in terms of financial rewards”, Ajala noted. The Conference Convener, said Lawyers could achieve a lot by using even the little window of advertisement provided by the Legal Practitioners Rules of Professional Conduct. “So, I would not recommend that the strict bar against advertise-

ment should be taken away, but, we can leverage on the little window we have for advertising. I believe that, if we effectively operate even within that limit, we can get something”, she said. Ajala explained that the “Business of Law Conference” was put together “to help Lawyers understand that law transcends practice and procedure”. She said, “There is a business side to what we do, and we must master that business aspect of the profession, so that we can become profitable lawyers”. According to Ajala, a law degree can be a golden ticket for wealth creation, if well deployed. “The understanding and ability to monetise our legal skills, is the key to unlock the wealth in the legal profession. “It is, therefore, imperative for every Lawyer to become business savvy, acquire basic business education, and infuse same into law practice. “Understanding and mastering the business of the legal profession is not a thing of choice, but a necessity for every Lawyer that hopes to become highly profitable in their legal career.” Speakers and resource persons who took turns to mentor the young Lawyers on how to master the business of the legal profession, included Mrs. Funmi Roberts, Principal Partner Funmi Roberts & Co and Chairman, BOT, Women in Management and Business

(WIMBIZ), Abuja-based lawyer and Principal Partner at Everlaw Associates, Marx Ikongbeh, a Senior Partner at Primera Africa Legal, Mr. Israel Aye, and Mrs. Chinyere Okorocha of Jackson & Edu. Others are Ibukun Onitiju, Kayode Abass, Emmanuel Effiong-Bright, Adedunmade Onibokun, Tosin Omotosho, Barinaada Alexander, Fola Alade, Derin Fagbure, among others. For Mr. Ikongbeh, who spoke alongside other panelists at a session on ‘Incorporating Business Strategies into Legal Practice without Breaking the Legal Practitioners Rules of Professional Conduct’, the Legal Practitioners Rules of Professional Conduct, actually provided for a window through which Lawyers could promote their practice. Ikongbeh, who is a recipient of an award for successful under-40 Lawyers, explained that what the rules forbid was solicitation of briefs or advertising in a way that is annoying to the recipient, or in a way that tends to put other Lawyers down. Making reference to Rule 39(1) of the Rules of Professional Conduct, he said, “When we really understand this, we will see that, to a large extent we can advertise. I think there are three broad areas of marketing; there is advertisement, there’s soliciting, and then there is promotion. Advertising talks about making yourself known, promotion talks about creating a brand

and conveying yourself as a professional, but soliciting is what the rules forbid. You cannot beg for a brief. “The rules say you cannot solicit personal employment through certain means, such as circulars, handbills and the rest.” He said the misconception by many that Lawyers could not advertise, was because they had not moved away from the 1980/1982 Rules of Professional Conduct where all forms of advertising were actually abolished. He said some of the means by which Lawyers could advertise or promote their practices, include writing legal opinions on public interest issues in the newspapers; attending and speaking at relevant conferences, as well as taking advantage of various social media platforms. Backing Ikongbeh’s position, Mrs. Chinyere Okorocha added that, Lawyers could also promote their practice by creating a website. “Have a website. You can go to town on your website. Competition is fierce, and you must keep the principle of integrity and keep your hands clean”, Okorocha said. Mrs. Funmi Roberts said she began her law practice in a single room, and stayed at it, despite the challenges of raising children. “You have to determine what success means to you. All I did was, write my story for myself. I kept my practice small, but I never left law”, she said. According her, despite the

challenges of raising four successful sons, being able to plan ahead helped her career. Besides, she said she did not focus on making money at first, but on building relationships and networks, all of which bore fruits down the line. “So, you have to make yourself available. Volunteer. Do not see it as being used. Don’t look down on anybody, because your biggest client may be an illiterate. Don’t waste your time”, she advised. An accounting and business consultant, Chioma Ifeanyi-Eze, said for law firms to thrive, they must be run like a business. According to her, law firms need an accounting system, to operate successfully. “You need to separate your client’s money, from your firm’s money. Accounting tools helps you track debit notes”, she said. “I realised that small businesses needed my services, so I carved a niche there. I went to where nobody was looking – markets that were underserved. I looked at what others were not doing, and what others are doing that I can do better, and I am making good money”, she said. While Lawyers are not allowed to advertise in Nigeria, Speakers said the new media has created room for Lawyers to make themselves visible. A marketing communication strategist/project manager, Olaolu Abimbola, said just as businesses strive to expand

their market, Lawyers must also develop a marketing strategy that enables them to reach potential clients. One way to do so, he said, is to design problem solving legal services that people can access and pay for. According to him, Lawyers must operate the “CMB principle”: consumer, brand and market. “While striving to meet client needs, they must care about the image they project, while expanding their services to new areas of legal need”, he said. “We need to think of ourselves as solution providers”, Debo Ajayi, another panelist, added. Mr. Israel Aye, reminded young Lawyers that, every career has two phases: the learning phase and the earning phase. “Don’t expect to earn, when you be learning”, he said.

LEGAL UPDATE COLLOQUIUM The Epiphany Azinge Foundation will hold its maiden 2019 Colloquium titled, “Women Inheritance in Nigeria: Breaking the Barriers of Gender Discrimination”, at 10am on Thursday, the 28th of February, at the Boardroom, Shehu Musa Yar’Adua Centre, Abuja.

Successive Govts, NASS, Responsible for 2019 Election Delay, Says SERAP Nigerians have been urged, to hold successive governments since the return of democracy in 1999 and the leadership of the National Assembly, responsible for the patently unlawful postponement of the 2019 general elections scheduled to hold last Saturday. The Socio-Economic Rights and Accountability Project (SERAP), made this submission in a statement issued last Sunday and signed by its Deputy Director, Kolawole Oluwadare. According to SERAP, “Given the

increasing tendency to postpone elections and the cumulative failures and corruption over the years, SERAP would, after the elections, pursue appropriate legal action against the government in power and the National Assembly leadership, for the catalogue of breaches of constitutional and international obligations, and seek effective remedies for the citizens. “The postponement of Nigeria’s elections since 2007, shows a systemic failure of

leadership at the highest level of government, and suggests that our electoral process is deliberately skewed in favour of politicians’ interests, who continue to profit from the corruption and impunity that have characterised the process since 1999, and against those of the citizens”, it stated. SERAP noted that, calling for the resignation of INEC Chairman, Professor Mahmood Yakubu, rather than addressing the root causes of persistent

postponement of elections, is a blatant attempt by politicians to scapegoat the Electoral Commission. The statement read in part: “While the INEC leadership ought to proactively push for reform of the electoral system, successive governments and leadership of the National Assembly that have the legal responsibility, but have remained largely impervious to revolutionary change of the electoral system, should be held

to account for this fundamental breach of public trust. “Foisting an outdated electoral system on Nigerians, and spending huge public funds to sustain it, seems in uneasy tension with constitutional provisions and Nigeria’s international obligations including under the International Covenant on Civil and Political Rights, African Charter on Human and Peoples’ Rights, and African Charter on Democracy, Elections and Governance, to which Nigeria is a State party.

“Rather than prioritising genuine and comprehensive reforms of the electoral system that would upgrade and modernise our voting processes, successive governments and leadership of the National Assembly, would seem to prefer the status quo, presumably to undermine citizens’ rights to participation, and to continue to profit from the corruption and impunity that the current

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19.02.2019

2019 Elections: Group Establishes Platform to Report Rights Violation Akinwale Akintunde Ahead of the 2019 general elections, a platform for reporting rights violations during the elections, has been established. Human Rights Advancement and Development Centre (HURIDAC), a Non-Governmental Organisation (NGO), established the platform. HURIDAC Executive Director, Ayodele Ameen who disclosed this, added that, HURIDAC has a track record of monitoring elections from the human rights perspective.

According to him, for this reason, the Group has provided a WhatsApps number and an email address, where all citizens and stakeholders can report cases of electoral violence, human rights violations and abuses that happened pre-election, election day, and post-election period. Ameen urged Nigerians, to send their reports on human rights violations to email: votersrights@huridac.org or via WhatsApps to: 0813 243 8551 for investigation and possible prosecution, by the relevant authorities. He said the Organisation decided to set

up the platform, because of the importance attached to the 2019 elections, from which the President, National Assembly members, Governors and State Assembly members, will emerge. "This election is important, as it subjects those contesting in the election, to the verdict of the voters. "Most importantly, election management bodies and security agencies, must ensure the protection of the Right to Vote of Nigerian Citizens. "The right to vote and the opportunity that elections provide, combine to infuse human rights into democratic process. “The United Nations Declaration on Human

SUCCESSIVE GOVTS, NASS, RESPONSIBLE FOR 2019 ELECTION DELAY, SAYS SERAP system and processes breed. “It is clear that, the current electoral process is vulnerable to corruption, but politicians would seem to have little incentive to comprehensively reform, upgrade and modernise it. It is unlikely that either the Federal Government or the National Assembly, will take the steps necessary to sort out our electoral system, and improve transparency, accountability and the integrity of the electoral process. “We urge Nigerians to take a more active role in the fight against corruption, including putting pressure on the authorities at the Federal and State levels and the National Assembly, to comprehensively reform, upgrade and modernise our electoral system and processes. Otherwise, citizens’ rights to participate in the governance system, will remain a ‘hollow right’. “Given that the right to vote is considered a part of an individual’s fundamental right to

political participation, persistent postponement of elections in the country, raises serious questions about the legitimacy and integrity of Nigeria’s fledgling democracy.” “Persistent failure to upgrade and modernise the electoral system, has effectively relegated the right of participation to paper tiger status, undermining the ability of citizens to genuinely participate in the fight against corruption, and to hold their leaders to account. Yet, a transparent, accountable and modernised electoral process, is a prerequisite to the effective exercise of citizenship in a democratic society. “It is time to push for revolutionary changes, in how Nigeria conducts its elections. The changes should effectively deploy modern technology, which has been successfully used in the business and other sectors in the country. Such changes may include, the introduction of a national system of Internet voting, to innovative ideas on how to

Rights (UDHR, Article 21), has made this clear, that the will of the people will be the basis of the authority of government; this must be expressed in periodic and genuine elections. "The same provision affirms that, “Respect for human rights and fundamental freedoms and the principle of holding periodic and genuine elections by universal suffrage, are essential elements of democracy”, Ameen said. He regretted that, the on-going election has been characterised by many issues and concerns. "There are allegations of vote buying, allegations of linking the suspension of the Chief Justice of Nigeria (CJN) to election rigging, and so much evidence of fake news", he stated.

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adapt the election systems to facilitate participation by different sectors of the population, to conform with twenty-first century elections. “The postponement is the by-product of a systemic and collective failure by successive governments and National Assembly leadership, to provide Nigerians with reliable, efficient and a secured electoral system, which has continued to undermine public confidence in elections, as well as the public’s right to vote and participate in their own government. “SERAP would also deploy the Freedom of Information Act, to seek information on details of spending by INEC since 1999, as part of our initiatives to improve transparency and accountability of governmental operations, and promote respect for citizens’ rights to participate in the processes of government and governance in the country. “SERAP notes that, postponement of general elections has become a recurring feature of the

country’s electoral process. For example, the 2007 general elections witnessed the late arrival of election materials from South Africa in April of that year, contributing to denying millions of voters their right to political participation. “SERAP also notes that, the 2011 general election suffered the same organisational lapses, with the elections postponed for two days after it had commenced. In 2015, the government of former president Goodluck Jonathan, postponed the election for six weeks on the pretext that it needed time to reclaim the local governments reportedly taken over by the Boko Haram terrorist group. “The INEC, on the morning of the elections, shifted the Presidential and National Assembly elections to 23rd February, 2019. The Governorship, State House of Assembly, and the FCT Area Council Elections, are now to hold on 9th March, 2019”.

Legal Personality of the Week Dr. Ayodele Gatta

‘A Lawyer Must Carry Himself With Dignity, Elan and Panache’ Please, give a brief introduction of yourself My name is Dr. Ayodele Gatta, I am Lawyer and a Notary Public. I am a specialist in Aviation Law. I have practiced at all levels of the court system in Nigeria. I obtained the B.A (Honours) degree (Second Class Upper) Degree in English and Literature from the University of Benin. I also earned the M.A (Literature) University of Abuja; the M.Sc degree in Humanitarian and Refugee Studies from the University of Ibadan. I earned the LL.B (Honours) degree from the University of Benin. I proceeded to the Obafemi Awolowo University, and obtained the LL.M; M.Phil and the Ph.D degrees in Law. I earned the distinction of being the first candidate to earn a Ph.D in Aviation Law in a Nigerian University. I am Associate of the Chartered Institute of Arbitrators, UK. My Doctoral thesis, focused on the Legal and Regulatory aspects of Aviation Safety. I lectured at the Law programme of Fourah Bay College, University of Sierra Leone, where I taught Land Law, Mercantile Law and Law of Evidence. I have published extensively, both in foreign and local journals in several areas of the law. I have presented papers at Law Conferences; the 50th Anniversary Conference of the Faculty of Law, Obafemi Awolowo University. Outside the practice of Law, I have been involved in humanitarian work and I was elected the 27th President of the Rotary Club of Garki Abuja What was your worst day as a Lawyer? My worst moment as a Lawyer, was during my formative years as a legal practitioner, barely a month after being called to the Bar. On the said day, a friend and a senior colleague instructed me to move a Motion Ex Parte, before a High Court Judge of the Federal Capital Territory. I moved the motion, but His Lordship was just staid in composure. I realised that I had made some latent mistakes, and that the Judge had observed that I was a new wig, and he just decided to indulge me. Have you had any challenges in your career, and if so, what were the main challenges? One major challenge, I remember profoundly,

Dr. Ayodele Gatta

is the fact that, should you leave practice, you’ll have to start all over, if you return. Upon my two year sojourn as a lecturer in the Faculty of Law, Fourah Bay College, University of Sierra Leone, I returned to Nigeria in January, 2009 to discover that some of my clients had moved on, and there were new developments in the law which I had to learn. It was a humbling experience. Another challenge I had to contend with, was combining legal practice in Abuja with post-graduate studies at Obafemi Awolowo University Ile-Ife. The experience was hectic, but richly rewarding, as it tested my resilience and stretched my capacity for endurance. A recurrent challenge which I face, like all other legal practitioners, is travelling for a matter outside jurisdiction, only to be informed on arrival at the court, that the court isn’t sitting. What was your most memorable experience as a Lawyer? In my journey in the legal profession, I have an assortment of experiences; either as a student, or as a practitioner in the temple of justice. One memorable experience was my stint as lecturer at Fourah Bay College, University of Sierra

Leone. I contributed my own quota in post-war intellectual reconstruction and rehabilitation, in Sierra Leone. My students have continually expressed their eternal gratitude to me, for making such tremendous impact in their lives. A memorable experience also was the 25th day of February, 2015 when I defended my Ph.D (Law) thesis at the Obafemi Awolowo University. The auspicious feature of the defence laid on the fact that, I faced a panel of professors from different disciplines; law; geography and electrical engineering, defending my thesis. I felt wowed when Professor Ademola Popoola announced the result of the defence, and added that, my research work was the first Ph.D thesis in Aviation Law in any Nigerian University. I was consequently, admitted into the elite class of Ph.D holders. In my career as a legal practitioner, the 8th day of July, 2016 stands out also. On that day, Judgement was delivered in two of my cases in two different High Courts of the Federal Capital Territory, Abuja. I won both cases to the glory of God. Who has been most inﬂuential in your life? The glory goes to the Almighty God for enabling my path to cross persons of positive influence. Without compare, my mother, Mrs A.O Gatta (of blessed memory), wielded the most single and distinctive influence in my life; a hardworking disciplinarian, and a go-getter of a mother! She laid the foundations of my life. I also appreciate the influence of my elder brother, Steve Gatta, in my career choice. During my studies at the University of Benin, Faculty of Law, Prof. Chianu Emeka, Dr. S. Ukhuegbe, Prof. Atsegbua SAN, Justice Eromosele, cannot be forgotten. At the Obafemi Awolowo University, Ile-Ife, I was mentored by my Ph.D thesis supervisor, Emeritus Professor D.A Ijalaye. As a legal practitioner, Sam Ologunorisa, SAN, my former principal, who taught me the intricate art of forensic legal advocacy, brevity with a proclivity for unearthing those finer details in legal jurisprudence, Also S.I Ameh, SAN, Sam Zibiri, SAN, Olalekan Yusuf, SAN, Bayo Adaramola Esq, Otunba Sanya Ogunkuade

and two contemporaries of mine, Pius Oteh Esq and Victor Omoluabi Esq, for their continuous encouragement. Why did you become a Lawyer? In the formative years of my secondary education, I realised that I had an abiding passion for the liberal Arts. I was exceptionally good in the English Language, and passed my WASC examination with a distinction in the English Language. The foregoing, and a combination of other factors, principal amongst which was that, my elder siblings were all Arts students, made me consider taking a degree a law. What would be your advice to anyone wanting a career in law? Charting a successful career path as a Lawyer, requires presence of mind. A mastery of the finer nuances of the English Language, is sine qua non, and a foundational building block in a successful legal career. Matters that border on integrity, must be guarded jealously, if you want to succeed as a legal practitioner. Mentoring is key, to an effective legal practice. A Lawyer must carry himself with dignity, elan and panache. A mastery of the law sets you apart from the crowd, and a Lawyer must endeavour to continually re-invent his knowledge and skills through various forms of continuing Legal Education. If you had not become a Lawyer, what other career would you have chosen? Cognisant of my initial odyssey as a scholar of English and Literature, if I had not become a Lawyer, I would have been a Professor of Literature, lecturing in one of the first generation universities in Nigeria, teaching metaphysical, romantic, renaissance, African or Afro-American Literature. Where do you see yourself in ten years? Mindful of the fact that life is in the hands of God, it is my religious practice to live life each day, as it pleases the Almighty. I hope in the next ten years, to have excelled in my career as a legal practitioner of note, and to have achieved global renown in the discipline of Aviation Law. I also trust God that, I would have taken silk by then.

19.02.2019

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

The Unconstitutionality of Importation of Nigerien Governors to Campaign for Buhari in Kano

n 1st February, 2019, something curious and unusual about President Muhammadu Buhari’s re-election campaign rally at the Sani Abacha stadium, Kano State, had every corner of Nigeria buzzing. It was not the performances by Kannywood singers like Ado Gwanja, Ibrahim Yala or Rarara Kahutu. Nor, was it the comedy show of Baba Ari and Rabiu Daushe. What thoroughly stunned Nigerians, were the foreign elements that populated the crowd at the President’s campaign rally. Notably in attendance were, Mr. Issa Moussa and Mr. Zakiri Umar who are respectively, Governors of Zinder and Maradi States in the Republic of Niger. The pair of alien Governors wore the uniform of the All Progressives Congress (APC), and made public statements of their support for President Buhari’s re-election bid. Of course, this caused a major raucous and scandal, across the length and breadth of Nigeria. How do these Governors of foreign countries hope to “support” Buhari? It was not unexpected that, Mallam Nuhu Ribadu, former EFCC boss cum Director of Field Operations in the APC Presidential Campaign Council, would defend his Party, by choosing not to see anything wrong and unlawful about their actions. Was it not El-Rufai who just few days later warned that anyone (including US, UK, EU and African observers), who would dare interfere in Nigerian politics may end up in a “body bag”? That was a palpable “fatua” pronouncement of a death sentence, to any foreign country that insists that the forthcoming elections should not be mindlessly rigged by the APC. How then would the same people urge some West African Governors and Government officials, to campaign for President Buhari’s re-election on the very soil of Nigeria? Recall that, the same Government frontally abused US, UK and EU countries, and warned them against meddling in Nigeria’s internal affairs and electoral matters, all because the countries had made strong observations about the undemocratic and unconstitutional ways the Executive was harassing the CJN, Walter Onnoghen. Was it not the same President Buhari and APC government that led a multi-sub regional military to smoke out Yahya Jammeh who had refused to quit as Gambian President, after his defeat in the 2017 presidential election? What about the President of Ivory Coast, Laurent Gbagbo, whose ouster from power and imprisonment in April, 2011, Nigeria also crusaded and implemented? Are they not sovereign States like Nigeria? Recall that alleged interference in the 2016 elections by entities connected with Russia, was a big scandal that has dominated the news to date, following President Donald Trump’s election. While this may be the first time that a cyber-attack on an election has been so publicised, it is certainly not the first time, that a country interfered with another country’s election. During the Cold War, Russia used sheer political power and influence to routinely undermine elections in satellite countries, such as Ukraine, the Czech Republic, Bosnia and Herzegovina, Belarus, and so on. The United States too, uses similar influ-

“.... BY THE UNAMBIGUOUS PROVISIONS OF SECTION 222(D) OF THE CONSTITUTION, MEMBERSHIP OF POLITICAL PARTIES IN NIGERIA, IS NOT OPEN TO NON-CITIZENS, OR FOREIGNERS, LIKE THE TWO ALIEN NIGERIEN GOVERNORS WHOM WE SAW WEARING APC GARMENTS, AND CAMPAIGNING AT BUHARI’S KANO RALLY”

President Muhammadu Buhari

ence in countries like Italy, Iran and Chile. In fact, former President Goodluck Jonathan alleged in his book, “My Transition Hours”, deep interference by the U.S., in the 2015 elections that ousted him from Aso Rock. He gave up power, snatched victory and honour from “defeat”. GEJ, is respected for his rare democratic credentials of conceding defeat, even when he knew a lot was wrong with the elections. But, such foreign electoral interference is seriously condemned, in the international community. No doubt. Under international law, no State is to meddle into purely domestic affairs of another State. This principle that the political will of one State cannot be forced on another, is enshrined in Article 2 of the UN Charter. It is also expressed by the maxim Par in parem non habet imperium (“Equals have no jurisdiction over one another”). Presence of Nigerien Governors: Implications With this in mind, the presence of two Nigerien Governors at Buhari’s rally is a clear warning of the dangers that lie ahead. It will have implications, on the credibility of the Presidential elections. Already, the wheels have been set in motion for an unfair electoral contest. INEC had allowed Internally Displaced Persons in the country to vote during elections, thereby opening the door for aliens to infiltrate Nigeria under the guise of being IDPs, and participate in the elections. Similarly, the mass creation of additional polling units which are yet to be properly designated, raises serious questions, foreboding the execution of unprecedented levels of electoral fraud this year. The promise of Kano’s Governor, Ganduje to deliver five million votes to Buhari in this year’s elections, now takes on greater significance. How will that be possible, without compromising the nation’s international borders to foreign political interests as Buhari has done? Where will he get this humongous figure, in a State where Kwankwaso and his Kwankwaasiyya movement still dwarf the “Gandollar” Governor? He who pays the piper, always dictates the tune. Mallam Nuhu Ribadu was merely replaying his paymaster’s song, the APC, when he saw nothing wrong in this bizarre occurrence. But, even he, cannot deny that Nigeria is a sovereign, independent State, but subject to international monitoring and observance. Because, the world is now a global village. Security agencies in Nigeria, must immediately investigate and lay in the public domain, the circumstances leading to their presence. How and why did the alien Governors, come to Nigeria? Will Kano State be free of Nigerien, Chadian, Malian and Cameroonian voters, on February 23 and March 9? Provisions of the Nigerian Constitution

There can be no doubt that, we are, in Nigeria, operating a constitutional democracy. By this, our democratic principles are bestowed upon us, under the Constitution. The said Constitution, prescribes elections to be an entirely Nigerian affair. For instance, the seat of the President can never be occupied by a foreigner. Section 131 of the Constitution automatically disqualifies any person, not being a Nigerian citizen by birth, from ever becoming President. The section states: “A person shall be qualified for election to the office of the President if – (a)he is a citizen of Nigeria by birth; (b)he has attained the age of forty years; (c) he is a member of a political party and is sponsored by that political party; and (d)he has been educated up to at least School Certificate level or its equivalent. Notably, an aspirant to the office of President of Nigeria, must also be a member of, and sponsored by, a political party. Political parties, are themselves, a creation of the Constitution. The Constitution goes further, to vest the mandate to support an electoral candidate, by way of campaigns exclusively on political parties. Section 221 states clearly that: “No association, other than a political party, shall canvass for votes for any candidate at any election or contribute to the funds of any political party or to the election expenses of any candidate at an election.” By these provisions, electioneering campaigns are strictly a Nigerian affair. How would the same APC feel, if the PDP opposition party campaigns with Governors from Liberia, South Africa, Uganda, Ghana, Togo, Gambia, etc? What we saw at the President Buhari campaign rally in Kano, was a shameless display of gross irresponsibility by a Government that permitted foreigners to campaign for Buhari, as though they were Nigerians, or members of the APC. Of great significance, is Section 222(b) of the Constitution which stipulates that, membership of political parties shall only be open to “every citizen of Nigeria”. It did not mention foreigners. One of the cardinal rules of statutory interpretation, is to exclude what is not stated in the statute. This rule is expressed in the Latin phrase, “expressio unious et exclusio alterius”, meaning that, what is not stated in a statute, is deemed excluded. So, by the unambiguous provisions of Section 222(d) of the Constitution, membership of political parties in Nigeria, is not open to NON-CITIZENS, or foreigners, like the two alien Nigerien Governors whom we saw wearing APC garments and campaigning at Buhari’s Kano rally. The audacious display by the Governors, in connivance with a shameless APC, definitely contravenes the foundational principles of sovereign independence and autochthonous democracy, upon which our Constitution is built. Perhaps the President should be reminded of Section 100 of the Electoral Act, 2010, which states that: “A candidate and his party shall campaign for the elections in accordance with such rules and regulations as may be determined by the Constitution.” No Constitution of a political party in Nigeria, makes provisions for foreigners to come to Nigeria and campaign for candidates. I have both the APC and PDP Constitutions. They do not have such provisions. INEC has not permitted that either. Indeed, the Nigerian Constitution itself, has determined that democracy in Nigeria shall be based on a government of Nigerians, by Nigerians and for Nigerians. There is no place for foreigners, to take over our campaign structures. The action of the APC, must be strongly condemned and roundly denounced, as being undemocratic, unconstitutional, illegal, immoral, and clearly against the letter and spirit of the Nigerian democratic experiment. It is a dangerous and foreboding first step, towards enslaving our democracy to foreign dictators. All to win election.

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19.02.2019

Chief Kayode Sofola, SAN PHOTOS: Kolawole Alli

‘Corrupt Judges and Lawyers Must be Shown the Way Out’ Only a few privileged Nigerian Lawyers, can lay claim to a pristine pedigree like that of Chief Kayode Sofola, SAN who turned 70, last Thursday. Son of former AttorneyGeneral of the Federation, late Chief Kehinde Sofola, QC, SAN, expressed his mind to Onikepo Braithwaite and Jude Igbanoi, on a number of troubling national issues, including Judicial Corruption, the Onnoghen Saga, Restructuring, and why he is a member of the Justice Reform Project aka G20 SANs. The former Chairman of United Bank for Africa Plc, is also optimistic, as he sees a new Nigeria emerging, and thriving

earned Silk, we wish you a very happy 70th birthday Sir, longer life and good health in sha Allah. Could you tell us about your journey so far? Coming from a family of Lawyers, was law just a natural course for you to take? Your late father, Chief Kehinde Sofola, SAN was well known for his integrity, as a stickler for professional ethics and his abhorrence for corruption on the Bench. How much of his character did

you imbibe? What legacy did he leave for you professionally? Amen and thank you. I have every reason, to give thanks to the Almighty for His mercies. I started off at Methodist School Yaba, where in 1962, at the end of the primary school career, 3 of us Kitoye Akinsan, Richard Ibe and I, set a record for admissions into King’s College, Lagos at the National Common Entrance Exams. I completed my “O” and “A” Levels at King’s College. These were formative years that shaped my outlook, and brought many life-long friends. I continued to the UK, attaining my LLB in 1974 at the University

“MY FATHER DID NOT ASK ME TO STUDY LAW. RATHER, IN A MORE SUBTLE WAY, HE TOOK ME WITH HIM TO COURT DURING MY HOLIDAYS, WHERE I SAW HIM PERFORM BRILLIANTLY, AND COULD NOT HELP BUT BE DRAWN TO THE PROFESSION”

of Birmingham, and my LLM in 1975, at University College, London. I was called to the Bar in 1976, and conferred with the title of Senior Advocate of Nigeria, in 1995. My father did not ask me, to study law. Rather in a more subtle way, he took me with him to court during my holidays, where I saw him perform brilliantly, and could not help but be drawn into the profession. Strict adherence to professional ethics, and zero tolerance for corruption at the Bar and on the Bench, were the hallmarks of my late father, Kehinde Sofola, SAN, CON. Lawyers who passed through his

19.02.2019 chambers, had those attributes ingrained in them - if need be, forcibly! The result was a long list of outstanding alumni, both at the Bar and on the Bench. From his friends those attributes are manifest, the likes of retired Justices of the Supreme Court: Muhammed Bello, (CJN) Aniagolu , JIC Taylor, Dayo Ogundare, Olatawura, and Yahaya Jinadu, Ishola Oluwa, Charles O. Bada of other courts, to mention a few. He believed in Nigeria, and the politics of their era, was all about ideas. He was in the NCNC, which was Pan African in ideology. The AG was welfarist, the NEPU was left of the AG, while NPC was move conservative. I worked and lived with him, and like others of the Kehinde Sofola & Co alumni, those traits are our beacon of light to chart our pathway. The legacy which was left by our late principal, is self- discipline, integrity, pursuit of justice and the rule of law. Also, hard work, courage and the enthronement of justice and courage to speak truth to power and selflessness. As an example of his selflessness, for many years he refused to buy a generator for himself , out of concern for those around him, who would be disturbed by the noise. This was, despite installing one in the petrol station he built for his community, as well as the Ansar- Ur-Deen Mosque on Ajao Street in Surulere. When he turned 70, we his children, installed a sound proof one at our cost in his home, as there were generating sets already making noise in the neighbourhood. It is my hope and prayer that, these qualities have been imbibed by all his children, both biological and professional. Are you satisﬁed that the procedure adopted by the Federal Government in the Chief Justice of Nigeria’s asset declaration case, is the right one? If not, what is the proper process that should have been adopted? Many facets are involved in this issue. In the Nganjiwa v FRN case, the Court of Appeal held that the NJC is the appropriate body for the discipline of judicial officers, and that it is upon completion of its task, that other law enforcement agencies may proceed with their processes for enforcement - if such law enforcement agency, is not to deny the NJC of its disciplinary powers. It however, held that ... “It must be expressly stated that, if a judicial officer commits theft, fraud, murder or manslaughter arson and the likes, which are crimes committed outside the scope of the performance of his official functions, he may be arrested, interrogated and prosecuted accordingly by the State DIRECTLY, without recourse to the NJC”. That begs the question, what constitutes “crimes committed outside the scope of the performance of his official functions” as a judicial officer. The CCT, in the case of the Supreme Court Justice Sylvester Ngwuta, interpreted the Nganjiwa case as robbing it of jurisdiction and therefore, struck out the case. There is therefore, an opportunity to contend that the case of CJN is premature, which the defence has take, and which is therefore, sub judice. However, the NJC option, which is less controversial, has now been taken by Government. The earlier approach, buried the hearing of the substantive issues under the heap of “technical” objections, as is regrettably often the case in our jurisdiction. With the ongoing travails of the Chief Justice of Nigeria, Walter Onnoghen, some are of the view that the trial is politically motivated, while others believe that it is purely an ethnic agenda, to ensure that only a section of the country holds the ofﬁce of CJN. What are your thoughts on this whole Onnoghen saga? Is he being persecuted? As far as the trial is concerned, the questions of whether it is politically motivated or not, and whether with ethnic agenda, are not relevant in the context of the charges brought against the suspended CJN. All actions can have a collateral political connotation, but that question is for another forum, not the CCT itself. Pertinent questions would concern details of non-declaration or under declaration of assets, as charged. What does this CJN saga portend for

COVER/9 the Nigerian Judiciary, and indeed, our legal profession as a whole, when for the first time in history, the CJN is facing such charges? Many argue that there is a serious decay in our legal system, and senior Lawyers are also to blame, as they are the ones who are most guilty of giving these inducements to judicial officers, to secure favourable court decisions. Kindly, comment on this. These questions arise, because Government has again gone about this through a controversial, if not flawed, process. That the CCT process can be invoked with less rigour, does not mean that this is the option of choice. There is need for rigour, for a more mature and methodical process. Enough of playing to the gallery, more can be achieved by connecting all the dots first for when a watertight case is established, there will not be room for knee-jerk objections. All parties and their counsel will evaluate the likely outcomes, and advise their respective clients accordingly. You a member of the G20 SANs who seek to reform the Judiciary. Does a group of few SANs have the capacity to reform the Judiciary, when the Bar itself needs reformation? What reforms can you suggest for the Judiciary? For example, are you satisfied that the NJC is properly constituted, especially given this novel state of affairs, where the CJN who selects most of its members, is now a Respondent before the same body? Under these circumstances, do you believe that the NJC can give a fair verdict in this matter? I am a proud member of the movement labelled by you, as G20. It is the Justice Reform Project (JRP). Let me clear a few points on the JRP, so we are not distracted on this, going forward. Firstly, the 20 Senior Advocates who initiated JRP, only jump-started this movement. It is larger than the rank of Senior Advocates, so many distinguished members of the Outer Bar, are with the JRP. The professional players, are intended to serve the public. It is therefore, not out of place for some committed members of the public to join up, and they have. Secondly, JRP is not at odds with the NBA or BOSAN, in the exercise of their rights of association under Section 40 of the Constitution of the Federal Republic of Nigeria. Thirdly, and most importantly, JRP recognises the many honourable Judges discharging their judicial functions according to international best practices, despite highly burdensome dockets, poor support infrastructure, and insulting remuneration packages. For those, a blanket smearing

would be most unfortunate. The same consideration extends to the very many noble colleagues, who are steadfast to the ethical requirements of our profession. Finally, an informed group of patriotic Nigerians, can spear head reform. Indeed, one man can make a difference. It is my view that, we have the critical mass of diverse Nigerians, agreed on the urgency of reform of the Justice sector. It is clear that, the crisis that has beset the nation in the justice delivery system, is the culmination of the systemic failure in that sector. It is not unlike what has been witnessed, in so many other sectors of the polity. Sad as this is, it presents us with an opportunity, to change the trajectory of travel. It is an opportune moment to make a stand, as things cannot be allowed to continue in the present manner. We have to take back our profession, for the sake of future generations. The rot is pervasive. But, we have what it takes as Nigerians to salvage the situation. My hope is predicated on the undoubted excellent quality of our human capital. God has blessed Nigeria with brilliant minds, thankfully, from all the geographical areas of the country. We have watched and frequently outperformed, in competitions internationally, to such an extent that it may have occasioned apprehension out there. But, our problem is “leadership” This term is not restricted to political office

“I AM A PROUD MEMBER OF THE MOVEMENT LABELLED BY YOU AS G20. IT IS THE JUSTICE REFORM PROJECT...THE 20 SENIOR ADVOCATES WHO INITIATED JRP, ONLY JUMP-STARTED THIS MOVEMENT. IT IS LARGER THAN THE RANK OF SENIOR ADVOCATES.... THE JRP IS NOT AT ODDS WITH THE NBA OR BOSAN, IN THE EXERCISE OF THEIR RIGHTS OF ASSOCIATION UNDER SECTION 40 OF THE CONSTITUTION....”

holders, freeing the rest of us to sit on the fence. It is, rather, “a person who has commanding authority or influence”. Apart from political leaders, there are other leaders in the professional, religious, communal or cultural genres, who cannot afford to fold their arms in the manner of Nero fiddling, while Rome was burning. If these leaders leave a vacuum, they should not be surprised if less honourable and less gratified persons, fill the vacuum, as nature abhors a vacuum, we all then pay the price. It is in this sense that, JRP was initiated to stem and reverse this loss of confidence, by taking steps to reform the sector, and justify the needed trust in the users of the service. The NJC and the disciplinary process of the NBA, are too opaque. The incidence of contradictory judgements by the same courts, requires urgent attention. The composition, constitution, functions and internal controls of the NJC, Body of Benchers, Legal Practitioners Privilege Committee, Disciplinary Section of NBA, should be reworked, in view of the experience garnered from the past, as well as international best practices. The place of ethics, values and standards in these bodies, require defining and reworking. If the right people occupy such exalted positions of responsibility and trust, it will be obvious that, they will recuse themselves, if conflicted. The suggested mechanism for these outcomes, will soon be published by the JRP. Senior Advocates and honourable members of the outer Bar, should to a man rise up to this responsibility. When all these are thoroughly addressed, individual cases will be readily resolved by the relevant bodies. We need to call a spade a spade. The issues of corruption, must be faced frontally in a proactive way, with the objective of showing the way out to elements on the Bench and at the Bar, whose conduct is incompatible with their offices and the public good. Do you believe that the Buhari Administration has delivered on its three main campaign promises, that is, fight against corruption, fight against insurgency (security), and improving the economy? In your opinion, do they deserve a second term in office? My view is that, you have to compare like with like. One cannot compare apples with oranges. The best is to compare what the revenue garnered in a time frame, with what was achieved by the different administrations. The Buhari administration had 3 major promises: 1. Fight against corruption: He has had major success, on this item. He has taken the fight to corruption, fiercely. He has succeeded, in raking in large amounts of money. He has beamed the searchlight on the Legislature and the Judiciary, though it appears there may have been a soft spot for the members of the current executive, who are charged only as a matter of last resort. However, no one can assert that, there has been inertia on the crackdown on corruption. 2. Fight against insurgency: Much has been done, to regain lost territory in the North East. But, there have been reverses too. The lack of adequate logistic support to the fighting men, is not a plus to the administration. But, overall, our troops are facing an arduous task, and support for them must be total. This is existential and beyond politics. 3. The economy has made an escape from recession, albeit at a slower than desired rate. As for the second term issue, that is for the electorate generally, to decide. Nigeria is going through the most crucial election, in its history as a nation. The country has never been so divided along ethnic, religious and social lines, than now. The calls for restructuring and self-determination by some ethnic groups, are growing louder by the day. Do you see Nigeria surviving through all this? What are your views about the nation’s future at this critical time? What are your views on constitutional amendment/ complete redrafting, and the restructuring of Nigeria? I do wish Nigeria to survive, through its CONTINUED ON PAGE 10

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‘CORRUPT JUDGES AND LAWYERS MUST BE SHOWN THE WAY OUT’ CONTINUED FROM PAGE 9 present travails. We have that responsibility, not just to ourselves, but also to future generations and the entire African race. It is clear that, the Nigeria construct is not working. It is not viable. There is high interest repayment cost, and more borrowing is on-going in different disguises, like vendor financing, PPP and similar subterfuge. Whatever revenue residue is available, is skewed almost completely in favour of recurrent expenditure. And corruption, has still not left our shores. There is too much Government, particularly Federal, and it is not affordable, as witnessed by inability to pay salaries! The bailout to States to pay salaries, is just not viable. Government has to be much slimmer, particularly less central government. Whatever Federal can cede to States, should happen. Whatever States can cede to local governments, should proceed in that direction. It is the direction of progressive governments, even developed ones. We need to respond less to bureaucrats, and more to people. More revenue, to the federating units. May even reduce the number of States. We must use the structure, that is most effective. A restructuring leading to a more Federal set up, not a unitary set up; much like the American example. More like the regions of old, with reasonable autonomy, and their own constitutions. So, I have confidence that, Nigeria will survive, and I am hopeful that, she will in fact, thrive. The most pragmatic way, without a revolution, or major crisis, is by way of constitutional amendment, if we have a responsible Legislature, or a post-national conference redraft and referendum. Many are dissatisﬁed with the tax regime in Nigeria, for many reasons, for instance, tax revenue ending up in private pockets, instead of being used for the development of infrastructure and welfare of the people, duplication of taxes, arbitrary ﬁxing of taxes without consideration for the state of the economy and the people’s pockets (like Lagos State attempted to do with its Land Use Charges). What can be done to improve this narrative? Taxation in Nigeria, is not yet at an acceptable stage, both in terms of administration and imposition of the various taxes, we have today. Imposition revolves around the charge of the tax, while the administration is concerned with the collection of the tax. Both imposition and administration, are regulated by various statutes, all which derive their authority from the Constitution of the Federal Republic of Nigeria 1999 (as amended). Both the tax payers and the tax authorities, are expected to operate within the ambit of the tax statutes. The dissatisfaction with the tax regime in Nigeria, in my view, is based on two fronts. One, is the issue of multiplicity and duplicity of taxes. The other is, the dissatisfaction of the taxpayers with the Government, on the corruption and misuse of government revenue. There are other issues relating to the inefficiencies of the tax authorities, in the administration of the various taxes. It is common knowledge that, one of the major problems confronting the Nigerian State today, is corruption, and observation by taxpayers of how government revenue, a sizeable portion of which is from taxation, is being mismanaged and ends up in private pockets. The government should know that, a judicious use of tax revenue for infrastructural development and welfare of the people, would naturally encourage taxpayers to voluntarily pay their taxes, leading to increased revenue from taxation. To do otherwise, is to make the tax system less efficient, and the tax administrators would have to do more to achieve any meaningful degree of voluntary tax compliance, from the taxpayers. This would significantly reduce the cost of tax administration. My opinion is that, Government would gain more from a proper use of tax revenue for people- oriented projects. Apart from the political advantages to the Government in power, Government would have significantly endeared itself to the taxpayers, and more revenue is likely to be derived from the same set

of taxes over time. I quite agree with you that, Government’s tax policies and review of tax rates at all levels, must be sensitive to the current economic situation of the country, and of the taxpayers, at any given time. I know that Governments all over the world, are interested in generating more revenue from taxation to fund government expenditure, however, in our own peculiar situation, it will be counter- productive for the Government, not to show reasonable concern for the purchasing power of the taxpayers in imposing new taxes, or increasing the tax rate for existing taxes. The axiom that tax is statutory, also means that once the lawmakers who are the elected representatives of the people enact any law imposing a new or increasing any tax rate and the process of law making is duly completed, in theory it means that, the people have consented to the imposition or increase and have had their say. However, because this power exists and resides in the lawmakers and the executive, does not mean it should be arbitrarily exercised, without considering the economic situation of the country. I believe that, the Government has access to statistics that give clear indications of the economic situation of the country. I do not want to talk much about the incidence of the increase of the Land Use Charge last year, because, we were all impacted. The Legislature, while introducing

“SO, I HAVE CONFIDENCE THAT, NIGERIA WILL SURVIVE, AND I AM HOPEFUL THAT, SHE WILL IN FACT, THRIVE. THE MOST PRAGMATIC WAY, WITHOUT A REVOLUTION OR MAJOR CRISIS, IS BY WAY OF CONSTITUTIONAL AMENDMENT, IF WE HAVE A RESPONSIBLE LEGISLATURE OR A POST-NATIONAL CONFERENCE REDRAFT AND REFERENDUM”

new tax laws, should be sensitive to its effects on a preponderant majority of the citizens, as this would reduce the number of aggrieved taxpayers thereafter. Tax reforms, should lead to voluntary

compliance in the citizens. The success of voluntary compliance, is in itself, a measure of its acceptability. The tax system can also be improved, through conscious efforts by the Government to eliminate multiple taxes by various tiers of Government, and establish a process for the regular comprehensive review of Nigerian tax laws. The Joint Tax Board has a pivotal role in this process You were the Chairman of the Lagos Zone of the Tax Appeal Tribunal, and your Tribunal is on record to have achieved huge successes in bringing some notable defaulting multinational companies to book. But, a large number of such companies are still outside of the tax net. With the new team at the Federal Inland Revenue Service, how, in your view, can this problem be tackled? On how to bring more taxpayers into the tax net, I have always maintained that, an efficient tax system which is fair, will naturally expand the tax net and bring more taxpayers into the tax net. While this role is for the tax authority and the Government, the Tribunal also has an important part to play in the tax system. I say this because, one of the indices of an efficient tax system, is the presence of a good mechanism for resolution of tax disputes. The Tribunal must ensure that, it continues to determine the disputes submitted to it for adjudication judicially and judiciously, without acting as an agent of the tax authority. This will go a long way, in building confidence of the taxpayers, not only in the Tribunal, but also in the tax system. The Federal Inland Revenue under the leadership of Dr Babatunde Fowler, has improved the administration of taxes in Nigeria. This is seen in the end result, which is the increase in revenue generated from taxation in recent time. Statistics have shown that, the FIRS is now generating more revenue for the Government, than ever before. This is as a result of the success recorded in bringing in more taxpayers into the tax net, and blocking leakages within the system. The ease of tax payment, is also responsible for the increase. At this age, payment of tax and other tax services such as tax registration, assessment etc, should be as convenient as any other simple banking transaction. I was impressed to know that, FIRS has introduced an electronic platform for easy and seamless tax services. Commendation goes also to the leadership of Mrs. Ifueko Omoigui Okauru, for the emphasis on the integrated approach at FIRS, which has synchronised the data base for increase transparency and efficiency in tax administration. The tax payers and the present crop of FIRS leaders, have built on this foundation, to create a more seamless operation.

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ELECTION POSTPONEMENT: INEC IN A CRISIS OF TRUST?

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INEC Chairman, Prof. Mahmood Yakubu

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O P I N Election Postponement: The 2019 General Elections, will go down in Nigeria’s history, as the nation’s most controversial, divisive and expensive, so far. The postponement of the elections only a few hours before the commencement of the exercise, is seen by many as an unprecedented assault on Nigeria’s democracy, in the face of international observers who had arrived in the country, to monitor the elections, which has set the nation back several billions Naira. In the midst of the confusion and uncertainty, NBA President, Paul Usoro, SAN, Chief Mike Ozekhome, SAN, Dr. Kayode Ajulo, Ebunolu Adegboruwa, and the National Association of Catholic Lawyers, go into the legal implications and more, of the postponement of the elections and its consequences on the polity

Independent National Electoral Commission (INEC) Chairman, Prof. Mahmood Yakubu, addressing a stakeholders meeting on 2019 General Elections' postponement, in Abuja last week

NBA: Disappointment with Postponement of Elections Paul Usoro, SAN

he Nigerian Bar Association is confounded by and disappointed with the postponement by the Independent National Electoral Commission (“INEC”), in the wee hours of this morning, of the elections that were scheduled to hold today, 16 February 2019 and on 02 March 2019. We are confounded by the postponement, considering the serial assurances that INEC had, prior to this morning, given of its preparedness for the conduct of the elections; INEC had also expressly assured that

postponement of the elections was not howsoever in contemplation. Our disappointment is compounded by the fact that none of the reasons that INEC has proffered justifies the postponement; all the reasons, with some diligence, could have been remediated. It was particularly unkind for INEC to announce the postponement only hours to the opening of the polls for the national elections today, knowing as we all do that most Nigerians register for elections in their States of origin and had traveled there from their various stations to exercise their civic rights. The cost in manhours, resources and inconveniences cannot be readily quantified not to mention the risk to personal safety. Worse, we run the risk that some who may have to return to their work stations early

next week may not be able to travel again for the rescheduled polls next weekend. We read the INEC announcement and listened to its broadcast to hear how INEC intends to mitigate that possibility and nothing was said in that regard. INEC needs to be reminded that a free, fair and credible election starts with the preparations therefor by the Electoral Commission. If the Commission is unable to exercise its functions without avoidable glitches, it is difficult to see how it could justifiably impose sanctions on infracting political parties who give excuses for their infractions similar to the ones that INEC has given today for the postponement of CONTINUED ON PAGE 15

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I O N S INEC In a Crisis of Trust? INEC, Voodoo Elections and Postponement of the People’s Will Mike Ozekhome, SAN

W Introduction

hen the news started some days ago, that INEC may postpone the elections, I told some friends that, it must be true. After all, there is no smoke without fire, and no fire without smoke. But, trust INEC, it came out trenchantly to deny the rumours, arguing that, it had nearly 4 years to prepare for the elections. At every opportunity, month after month, week after week, day after day, hour after hour and minute after minute, INEC assured a gullible and credulous nation, that it was well prepared for the elections. I knew it was neither prepared, nor truly independent, as its name suggests. Last year, after INEC insidiously and invidiously rescheduled the Osun State Governorship elections to a later date, even after Senator Adeleke had clearly won with over 500 votes, having satisfied the provisions of Section 179 of the Constitution. I knew he would be rigged out. I wrote a piece then titled,"Help, Help, INEC is Murdering Democracy". With the latest debacle of postponing the Presidential and National Assembly (NASS) elections by one week at 2.43am on 16th February, 2019, just less than 5 hours to the elections, I have not found any superior reason or logic, to change my above position. Because of the many opportunistic and mercantilistic tendencies of many Pastors and so-called Men and Women of God, I hardly listen to or believe their prophecies. But, one by Prophet T.B. Joshua caught my cynical attention. He declared on Sunday,10th February, 2019, that the elections may likely be postponed. He warned that, "those who want to cause trouble will see trouble, and those who want to see peace, will see peace". He insisted "God is with us", because "Nigerians have a strong bond with God". Not many believed him. But, his prophecy has been vindicated. Conspiracy Theories Another theory is that, Nigerians should be grateful to America for INEC's postponement of the elections.This theory has it that, the USA, UK, EU and UN busted INEC's rigging plans to stagger the elections in 10 out of the 36 States and FCT. APC having futilely threatened these countries with "body bags" if they interfered in our electoral matters as a sovereign State, had connived with INEC to postpone elections in 10 States, citing, amongst others, inability of flights to land in Enugu because of bad weather, and hence landed in Port Harcourt. Of course, no elections would have held in Enugu, without sensitive materials.There were alleged deliberate mismatches, with some States not receiving materials at all, especially in PDP strongholds.They cite Enugu, Kano and Sokoto States. Thus, advances this theory, the plan was to watch out the outcome in the 26 States. If Atiku Abubakar was in the lead, the Government would deploy heavy security armada, to the areas where elections were cancelled, to cover up the lost margin, as they successfully did in Osun State. Buhari would then "win". It is alleged that the international community, especially the USA, refused a staggered election, and insisted on the simultaneous holding of the elections. Part of the conspiracy theory, was the wild and alarming allegation made by Governor El-Rufai ("body bags" Governor) of Kaduna State on the eve of the elections, to the effect that 66 Fulanis had been slaughtered in Kajuru LGA of his State, which included 22 children and 12 women.This is Southern Kaduna.There were no dead bodies displayed, no time of the alleged incident or massacre was mentioned. No security agents or other people witnessed it.This was obviously in continuation of his scare mongering, to possibly drive away international community observers and belt INEC's postponement. How can the Chief Security Officer of a State under Sections 214 and 215 of the Constitution, so glibly trivialise such a serious security matter, all because of elections? Huge and Unimaginable Costs of Postponing the Elections It is obvious to me that, INEC was overwhelmed by logistical challenges as its Chairman, Mahmood Yakubu, was later to admit at his press briefing later in the day. With 119,973 polling units across Nigeria, 8,809 registration areas and wards where collation are to take place in 774 LGAs, 36 States and the FCT, it is unarguable that the Nigerian political and geographical space, is a nightmare. But, INEC had 4 whole years to prepare for the elections. So,

no excuses. If INEC failed to plan, then, it had planned to fail. Some other theorists believe that, the postponement was to wear out voters, induce voter apathy, wear out international observers and monitors, introduce fatigue, exhaust the purse of the opposition, since the Government has ready funds by dipping its hands into NNPC. The cost of the postponement is huge and unimaginable. Schools were closed down, with parents travelling with their children, to either the cities or their villages, where they registered to exercise their civic duties of voting. Airlines shut down services; borders were closed; INEC staff, security agents and other paramilitary personnel duly posted. Who bears the cost, and where will the money come from? No wonder one Nigerian who noticed that N180b had been budgeted for INEC, exclaimed and suggested that the humongous sum should be shared to the about 180 million Nigerians at the rate of N1 billion each, so that Buhari and the cabal can continue in office forever and in perpetuity. Some surgeries and medical procedures must have been cancelled and rescheduled, as well as many weddings, burial obsequies, and social events, some postponed to the new scheduled dates of 23rd February and 9th March. Nigerians had invested their hard earned money, energies, time, preparations, emotions, put lives and activities on hold, all to vote for leaders who NEVER remembers them after elections. Previous Election Postponement One of the most illogical and untenable arguments always advanced by the APC when its glaring failures are pointed out, is the phoney argument that such things were done before. I find this argument, quite cruel and ironical. The party was voted for, because it promised "change". How can it wallow in the same cesspool of incongruities and inanities, even on a worse note? Where then is the change? It was Albert Einstein (1879-1955), the German theoretical nuclear physicist who developed the theory of relativity, that led to the manufacture of the atomic bomb that destroyed Hiroshima and Nagasaki, who once said,"insanity is doing the same thing, over and over again, but expecting different results". Based on this unsupported historical fixation, the APC and its members have disingenuously argued that elections were also postponed in 2011 and 2015. So, what? Must such past errors repeat themselves? In any event, before the more recent 2015 cancellation took place,INEC under Professor Attahiru Jega, had announced the postponement a whole 6 days before the elections fixed.This was on 8th February, 2015.The elections were postponed by 6 weeks from 14th February to 28th March, 2015; and from 28th February to 11th April, 2015, respectively. But, the present elections were postponed at 2.43am, less than 5 hours to voting on the very election day. Unlike INEC that has just cited logistic challenges, the 2015 postponement was to enable the military degrade Boko Haram, so that elections could take place in those occupied LGAs in the North East. And the Boko Haram insurgents were actually so downgraded, so much so that, elections held in that enclave. Buhari won all. But, when the postponement was initially announced, he was furious and queried: "I see no reason why we should postpone it. There are 14 LGAs where there is (security) problem; 10 in Borno, 2 in Yola, 2 in Adamawa. And there are 774 LGAs in Nigeria. Should we postpone the elections, because of 14 LGAs? Afghanistan, Pakistan, Syria were fighting wars and they conducted elections. What is Boko Haram?. ...It is important to note that, although INEC acted within its powers, it is clear that it has been boxed into a situation where it has had to bow to pressure. Thus, the independence of INEC has been gravely compromised".

“WITH 119,973 POLLING UNITS ACROSS NIGERIA, 8,809 REGISTRATION AREAS AND WARDS WHERE COLLATION ARE TO TAKE PLACE IN 774 LGAS, 36 STATES AND THE FCT, IT IS UNARGUABLE THAT THE NIGERIAN POLITICAL AND GEOGRAPHICAL SPACE, IS A NIGHTMARE. BUT, INEC HAD 4 WHOLE YEARS TO PREPARE FOR THE ELECTIONS. SO, NO EXCUSES”

INEC National Commissioner and Chairman, Information and Voter Education, Festus Okoye

What has changed? Recollect that, when the elections eventually held in those areas and Buhari won, he lapped it all up and never complained again. Now, Buhari said he was not aware of the intended postponement. I disagree. He was obviously in the loop. Didn't Osinbajo say he was not aware of CJN Walter Onnoghen's travails, when they started? I had also said it was a lie. Subsequent happenings proved me right. Powers of INEC to Postpone Elections No one doubts INEC's powers to postpone electrons when the need arises. Section 26(1) of the Electoral Act gives it such power. There are constitutional and statutory safeguards that INEC and its Chairman shall not be subject to the control or supervision of any other person or authority (see Sections 153, Part 1 to the Third Schedule; Section 156, Section 158 (1) of the Constitution; Part 1 Sections 1 and 2 the the Electoral Act ). Section 26(1) goes further to provide that: "Where a date has been appointed for the holding of an election, and there is reason to believe that a serious breach of the peace is likely to occur if the election is proceeded with on that date, or it is impossible to conduct the elections as a result of natural disasters or other emergencies, the Commission may postpone the election, and shall in respect of the area or areas concerned, appoint another date for the holding of the postponed election, provided that such reason for the postponement is cogent and verifiable". Do INEC's reasons for the present postponement, fall within this? You should figure this out. Nigerians React I am personally disgusted, with INEC's poor performance. Elections are either inconclusive, or marred by Government intrusion, or brazen incursions by security agents. Local and International observers, and media, are habitually shut out and opposition voters and supporters beaten to a pulp and prevented from voting. I genuinely believe that, as we are counselled in Romans 8:28: "all things work together for good to them that love God, to them who are the called according to his purpose". Like one Nigerian put it, "INEC, whenever you are ready, Buhari must go". Another said cynically, "Buhari's "next level" is one of disgraceful retirement to Daura". One other Nigerian said," we will still find the postponed date on the calendar". Nigerians are not just disappointed; they are angry. Humorously, but significantly, one Nigerian said,"this is the most useless Saturday I've ever seen. No elections, no sanitation, no wedding, no burial, no parties, just no nothing". The most telling of all in showing maximum distrust for INEC, is one who intoned,"Nigerians, wherever you go, carry your PVC along. Don't trust INEC, because it may change its mind suddenly and order Nigerians to go and vote". And, wait for this,"why are we wasting time with INEC? Just give the elections to 10 events planners in Lagos, and we will have free, fair and credible elections”! Conclusion I believe that, INEC's postponement will not aid a receding Government, in the throes of electoral death. The actions of the APC Government, are the last kicks of a dying horse. Even the undecided voters and those who sat on the fence, unconcerned, now realise the urgent need of yesterday to kick out this antipeople Government. Chief Mike Ozekhome SAN, OFR, FCIArb, Ph.D, LL.D

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Election Postponement: ‘INEC Should Apologise Forthwith to Nigerians and Foreign Stakeholders’ Dr. Kayode Ajulo

he dramatic development that happened, to the effect of elections postponement over night to its conduct, by the Independent National Electoral Commission (INEC), is simply unfortunate, as well as

embarrassing. As adduced by INEC, the reasons presented as alibi for the ill-timed postponement of the Presidential and National Assembly elections being for "logistics" reasons, flies in the face of logic, and portrays Nigeria as being unserious. For elections whose dating has been done for over a year, and for which INEC, its handlers, has repeatedly expressed preparedness towards February 16th, 2019, it can only be described as unfortunate and regrettable, receiving the news of a reschedule from the commission at a time when the nation was about commencing the voting process, when election observers from the various parts of the globe were already at their duty posts. And INEC announced the unfortunate alteration, without a word of apology to the various stakeholders,

INEC Ad-hoc Staﬀ, Corps Members on Election Duty sleeping on bare ﬂoor

particularly the Nigerian voters, who journeyed far distances, just to perform the all important civil right.

Citizens who have put in risks of various proportions, to get to different locations for voting, deserve apologies.

“CITIZENS WHO HAVE PUT IN RISKS OF VARIOUS PROPORTIONS, TO GET TO DIFFERENT LOCATIONS FOR VOTING, DESERVE APOLOGIES. OBSERVERS WITH CALCULATED EXPENSES, CANDIDATES WHOSE BUDGETS HAVE BEEN TAMPERED WITH, INNOCENT NYSC MEMBERS.....”

Observers with calculated expenses, candidates whose budgets have been tampered with, innocent NYSC members who bears huge risks in the interest of the country, all deserve a word of consolation. It is unacceptable for INEC, who solely bears the blame for this embarrassing development, to have merely announced a reschedule which comes with such astronomical costs and consequences, without a word to the effect of penitence and sore apologies. INEC, having shifted its timetable, lacks the moral justification to shut out parties/candidates for failure to meet deadlines for presenting candidates as seen in Rivers, Zamfara and other States. Does INEC consider these dear costs? Does it weigh the worth of these costs and thinks of mitigating them? These are queries INEC must act on, immediately. It is therefore, inexcusable for a graphic expression of apology to be delayed any further, lest the Commission commits further goofing, and burns it goodwill incrementally. Beyond apologising, however, earnest efforts must be made to ensure that this manner of almost regular but needless alternations in our electoral processes, are discontinued. Dr. Kayode Ajulo, Legal Practitioner, Castle of Law, Abuja

Why Postponement of Elections, is Unconstitutional and Unacceptable Ebunolu Adegboruwa

n the dead of the night when most Nigerians were already fast asleep, the Independent National Electoral Commission (INEC), announced the postponement of the general elections earlier scheduled for February 16 and March 2, 2019, respectively. According to INEC, the postponement was due to logistics and operational problems. According to the new time table, the Presidential and National Assembly Elections, will now hold on February 23, whilst the Governorship and House of Assembly Elections will hold on March 9, 2019. respectively. Expectedly, there has been great outrage all over the land, against the postponement, with many Nigerians expressing their condemnation and outright rejection. I join the other millions of Nigerians, to fault the postponement of the elections, for several reasons. Faulting the Postponement First, INEC should not have waited till the dying minute before announcing the postponement, since it was well aware of all its handicaps long before now. Earlier in the week, the former Governor of Ekiti State, Mr. Ayodele Fayose, had raised the alarm that there would be no election materials for Ekiti State, to which INEC promptly responded by giving assurances that it was ready

for the conduct of the elections. In demonstration of its readiness, INEC embarked upon demonstrations across the nation, and even distributed sensitive and non-sensitive election materials to the various States. Election observers alsomreceived their working tools, unknown to us all that, it was all exercises in grand deception. Although, Section 26 of the Electoral Act empowers INEC to postpone elections, the reasons to be adduced for such postponement, do not include the ones that have been stated by INEC for this present exercise. Elections may be postponed where there is “reason to believe that a serious breach of the peace is likely to occur” or “it is impossible to conduct the elections as a result of natural disasters or other emergencies”, and these reasons must be “cogent and verifiable”. By choosing to hide under the ubiquitous “logistics and operational guidelines”, INEC has more or less tied the hands of Nigerians, and thrown upon us, an avoidable situation of complete helplessness or fait accompli. Or else how do you verify ‘logistics and operational problems’? Who on earth can determine its cogency or otherwise? Second, the cost of this postponement is too humongous for the nation to bear. All schools have been shut, and pupils and students sent home compulsorily, with the attendant cost to the parents in traveling expenses and wastage of precious time. All the nation’s borders had been closed, resulting in huge economic

“THE FUNDS SO WASTED IN THIS POSTPONEMENT, WERE APPROPRIATED BY THE NATIONAL ASSEMBLY, AND SO, IT IS THE LAW MAKERS THAT SHOULD BE HELD RESPONSIBLE FOR CALLING INEC TO ORDER, TO GIVE CREDIBLE, COGENT AND VERIFIABLE REASONS, FOR THE POSTPONEMENT OF THE ELECTIONS”

losses to businesses. Markets and shops were locked up, and all business activities became totally paralysed as a result of the proposed elections. Since INEC had announced February 16, 2019 as the election day, most Nigerians had cancelled their weddings, funerals or other engagements for that day, thus throwing people into compulsory idleness. Now, the real question is, how the schools will cope with the postponement, as they have to all adjust their calendars again, due to the unpreparedness of INEC. Third, the Inspector-General of Police had announced restriction of human and vehicular movements for twelve hours from 6am to 6pm of the same day, albeit illegally. And even after it became clear to all that the elections would not hold as scheduled, this restriction was not lifted officially, thus, forcing people to stay indoors, contrary to the express provisions of the Constitution and other laws in that behalf, guaranteeing freedom of movement to all citizens. By law, it is beyond the powers of the Inspector- General of Police, to forcefully keep people at home because of elections, since there is no law in force in Nigeria presently, authorising such unlawful restriction of movement. The Federal High Court of Nigeria, had occasion to pronounce on a similar illegal directive in the case of Ebun-Olu Adegboruwa Esq. v Inspector General of Police & 5 Others, in Suit No. FHC/L/CS/ 1690/2014. In that case, the Applicant, a legal practitioner, was on his way to honour an invitation as a guest speaker of Channels Television, for an early morning programme, on June 29, 2013, being the last Saturday of the month. He was accosted by policemen and LASTMA officials at the Ketu end of the Third Mainland Bridge, where the road had been barricaded on account of some compulsory three-hour environmental sanitation programme, declared

by the Lagos State Government. The Applicant was denied free movement, was arrested and detained briefly, but, later released. Being dissatisfied with the action of the policemen, the Applicant instituted an action at the Federal High Court, to challenge his arrest and denial of his right to move around. In striking down this odious practice, the Court, coram Mohammed Idris J (as he then was) held as follows: “Consequently, the restriction imposed on the Applicant and other peace loving residents of Lagos State, during the Environmental Sanitation day without a law prescribing such restrictions, is unjustifiable and a gross infringement of the right to personal liberty and movement of the Applicant, and the court so holds.” The court then breathed down these golden rules of protection, for the liberty of all citizens of the land: “Everyone high or low, must be prepared to justify his acts by a reference to some statute or common law power, which authorises him to act precisely in the way in which he claims he can act. Superior orders or State necessity, are not a defence to an action otherwise illegal.” The Inspector General of Police did not appeal against this judgement of the court, and yet he proceeded to hold people down at home on February 16, 2019, contrary to the express order of injunction granted by the court in this case, against any repeated illegal practice of keeping citizens indoors. Fourth, election observers had arrived from their various countries and destinations, and so many ad hoc personnel of INEC, especially the hapless NYSC members, had been deployed to various locations. Many of them slept in the open, without CONTINUED ON PAGE 15

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Statement on the State of the Nation By the National Association of Catholic Lawyers Chukwuma Ezeala and Mike Utsaha

Postponement of Elections t is condemnable that an Election that was fixed more than 48 months ago, was insensitively and callously cancelled in the early hours of the day on which it was to hold. We commend Nigerians for their resilience, even in the midst of unwarranted assault by the supposed leaders of the country. We sympathise with all Nigerians, for the great economic loss and inconveniences caused by this sudden cancellation of the Elections especially: a) The school children sent home from far and near, at the risk of road mishaps and other allied dangers and at great expense to their parents and benefactors. b) The lowest on the economic ladder who rely on meagre daily income for sustenance, but have lost their daily wages for the 16th of February, 2019 and will lose again on the 23rd of February, 2019. c) The whooping economic implications to our country men and women that had fixed social events, such as weddings and other economic activities. In all, the more than 140 million Nigerians, especially those at the lower rung of the economic ladder, are the real losers. We therefore, call on the Independent National Electoral Commission (INEC) and the Government, to render unreserved apologies to the people. Failure to do so, depicts arrogance, insensitivity and taking Nigerians for a ride.

Roads deserted for the elections

In a kindred issue, it is regrettable that some Politicians are bent on setting the country aflame! How do you explain the inflammatory statements made by seemingly responsible persons in Government? How can His Excellency, Mallam El- Rufai, the Governor of Kaduna State, on the eve of the Elections make statements as to the killing of 66 persons? Indeed, it was inappropriate to release such statement, even if it took place. Governor El Rufai should take notice that, he will be held responsible for any breach of peace that may erupt in that area. We shall petition the International Criminal Court (ICC), and other

relevant United Nations Agencies, for any killings that may occur in the area. We call on all the Actors to exhibit restraint in their utterances and body language, at this critical time. We associate ourselves and endorse fully, the various statements made by the Catholic Bishops Conference of Nigeria (CBCN), both as a body and as individuals, and call on the people to once more come out on the 23rd of February, 2019 to exercise their franchise, and vote out any Government at all levels, that has by its inaction or conduct in office, contributed to the problems of the people. The Lawyers are prepared to use the

instrumentality of the law, to challenge infractions on the polity. We call on Christians, Muslims, and all people of good will, to pray fervently for the country, at this critical stage of our development as a Nation. The National Association of Catholic Lawyers shall observe the Elections as Citizens in our various booths, and share reports of our observations with other Agencies with similar objectives. Thank you and God bless you all! Chukwuma Ezeala and Mike Utsaha President and Publicity Secretary National Association of Catholic Lawyers

WHY POSTPONEMENT OF ELECTIONS, IS UNCONSTITUTIONAL AND UNACCEPTABLE CONTINUED FROM PAGE 14 any arrangement for their comfort and welfare. At the Secretariat of the African Bar Association, which was accredited by INEC as an observer group, materials and working tools were received well ahead of scheduled elections, without any warning from INEC that the elections would not hold. Sensitive and non-sensitive election materials, had been dispatched to various units across the country. Fifth, many Nigerians took the pains to travel to their various places of domicile, where they registered, in order to be able to exercise their civic rights, to participate in the elections, spending money and time for this purpose. It is

the requirement of the Electoral Act, that you will only be allowed to vote in the jurisdiction where you registered and your name appears on the voter’s register. In purporting to postpone this election by just one week, is INEC expecting them to remain in those locations for a whole week, far away from their businesses and vocations? Sixth, the National Calendar had been adjusted to fit into this day, on account of several assurances from INEC, even as of the day prior to the proposed elections, that the elections will hold as scheduled. It has imposed a National frustration, upon the citizens. Some who had to cancel their wedding, funeral

or other engagements and postpone to February 23, are now being forced to shift them again, with the attendant costs. Responsibility for Global Embarrassment The responsibility for the postponement of this election goes to the government and INEC, for this global embarrassment to our nation. It has portrayed us in the eyes of the international community, as unserious. That is why the National Assembly must step in, to demand a comprehensive audit of INEC, and inaugurate a commission of inquiry, to probe the real causes of the

NBA: DISAPPOINTMENT WITH POSTPONEMENT OF ELECTIONS CONTINUED FROM PAGE 12 the elections. Regulatory authorities such as INEC require discipline and foresightedness to carry out their functions. It is only by imbibing those twin virtues, amongst others and showing same by conduct that they can justifiably sanction infracting parties over whom they exercise regulatory control. NBA hopes that the new dates of 23 February 2019 and 09 March 2019 for the rescheduled elections are sacrosanct and the preparations therefor will be foolproof and glitch-free. Our democracy can only prosper and be strengthened if our electoral umpire does not give room for disputation of election results through sloppy arrangements and inadequate preparations. Our elections can only be adjudged free, fair and credible if INEC does not give room for speculations or concerns about its readiness and preparations for the elections. Nigerians can only

have faith in the electoral process if, amongst others, there is no room for suppositions as to the motives – hidden, ulterior or unknown – of INEC for taking certain actions, including but not limited to the postponement of elections. In concluding, we urge Nigerians not to give up or tire out. We must give INEC the benefit of the doubt and turn out in our numbers to vote for the parties of our choice on the rescheduled dates for the elections i.e. 23 February 2019 and 09 March 2019. As the NBA pointed out in its 2019 New Year Message: “This is the year that we would decide both at the national and States levels how we wish to be governed and into whose hands we will entrust our affairs and lives . . . The decisions of our rulers directly impact and determine the course of our lives. It

determines the quality of our lives, not only from an economic standpoint but also from our health, longevity and developmental standpoints. Our decisions at the polls will determine the quality of life for our youths and children from an educational prism as well as from the perspectives of employment and self-development opportunities. The quality of rulers that we will vote into power this year will determine whether we move from a perennially consumptive economy into a productive and hopefully an industrialized economy; it would determine whether we would, in our lifetimes ever be assured of such basic necessities like pervasive energy supply and provision of potable water and primary health care for our citizens. The Elections of 2019 should and must therefore serve as a defining moment for our country.” Paul Usoro, SAN, NBA President

postponement. The funds so wasted in this postponement, were appropriated by the National Assembly, and so, it is the law makers that should be held responsible for calling INEC to order, to give credible, cogent and verifiable reasons, for the postponement of the elections. INEC cannot just be allowed, to hide under some nebulous ‘logistics and operational guidelines’, to justify its indolence and glaring incompetence. This is why the National Assembly must act very swiftly and decisively, to probe the immediate and remote causes of the postponement, by instituting a high powered Commission of Inquiry, headed by a reputable retired Justice of the Supreme Court or the Court of Appeal, so that Nigerians can be well guided and be properly informed. The postponement has unwittingly eroded the credibility of the elections and the capacity of INEC, in spite of the huge resources committed to it, and the length of time available for planning and logistics. Once the confidence of the electorate is frittered away with the shoddiness of INEC as displayed in this postponement, then it becomes very difficult to continue to trust the organisation to deliver upon its promises to achieve free, fair and credible elections. Nonetheless, the appeal will still go to all voters to be patient, and give room for a proper election at the times rescheduled for it by INEC. No sacrifice should be too great for us as a people, in order to get our nation to the destination of our dreams, whilst we await the immediate action of the National Assembly, on this clear act of gross incompetence. Ebunolu Adegboruwa, Human Rights Lawyer, Lagos

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19.02.2019

WORDS OF WISDOM

(Culled from Social Media)

T H I S D AY ˾ ͯͷ˜ 2019

BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T

F E B R U A R Y

REPO 17.50 % 15.83%

CALL 1-MONTH 3-MONTH

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

17.50% 15.88 % 16.08%

372.31% - 0.07% 2.09%

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

1 5 S & P INDEX 1/4 TO DATE YEAR TO DATE

2 0 1 9 4.30% 4.30%

EXCHANGE RATE N306.75/1US DOLLAR* *AS AT LAST FRIDAY

Quick Takes StarTimes Slashes Decoder, Antenna Prices

StarTimes has reduced the prices of its decoder and antenna for new subscribers willing to purchase them until March 31. ThePayTVcompanyannouncedthepricereductionfromN10,500to N7,500 for its DTT(Antenna) and N9,500 to N6,500 for its SD decoder. TheHDdecodernowsellsforN7,500whileacombinationofHDDecoder and Antenna sells for N8,900, a more than 30 per cent reduction. The company’s Public Relation Manager, Kunmi Balogun, in a statement explained: “StarTimes is the top destination for news coverage during this season.We now have a lot more news channels.We recently added PlusTVAfrica to our news channels while the existing ones such as TVC, Channels and NTA News 24 remain. “We place great priority on the quality of our content as we continue to evolve, adding more of local channels that our subscribers have found engaging and all-round entertaining and irresistible over time.”

Ethiopia, Djibouti Seal Gas Deal

CAPACITY BUILDING

L-R: Governor, Central Bank of Nigeria (CBN), Mr. Godwin Emefiele, in a chat with the Acting Chief Justice of Nigeria, Mr. Justice Ibrahim Tanko Muhammad, at the opening of the national workshop for judicial officers held in Abuja…recently

Disco Faults FG’s Claim of 2000MW Unused Power Generation Capacity Stories by Chineme Okafor in Abuja The federal government’s repeated claim of an unutilised 2000 megawatts (MW) electricity capacity by the 11 electricity distribution companies (Discos) in Nigeria’s power market has been faulted by the Ibadan Disco, which said that such claims were questionable. Speaking at recent workshop organised in Abuja by the Nigerian Electricity Regulatory Commission (NERC) on its eligible customers’ regulation, the Deputy Managing Director of Ibadan Disco, Mr. John Ayodele, said such claims were according to daily records of power generated and transmitted to the Discos doubtful. Ayodele, who also asked the government to exempt hydro power generation companies (Gencos) from participating in the eligible consumers’ scheme because according to him, they were not qualified by merit to be in it, explained that from the sector’s daily power broadcast,

ENERGY it was difficult to accept the existence of a 2000MW constrained power generation capacity which the government claims exists because the Discos do not take all that is generated in the sector. “I read the national broadcast and I am still asking myself: is there any stranded 2000 megawatts hiding behind the stories? And I can’t find, and this issue keeps coming up. “When I look at all plants that are available, when you talk about installed capacity, it is different from capacity that can go on bar. I looked at the broadcast today on maximum generation available, capacity unbarred is 4666 megawatts, while we were generating about 4200 megawatts. “Available generation that can be made available based on gas turbines that are down or undergoing repairs will never take us to having extra 2000 megawatts,” Ayodele said. He also noted that since

hydro power Gencos were producing cheaply and their operators did not completely buy them off the government during the 2013 power privatisation exercise, there was no need for them to get involved with the eligible customers’ scheme. According to him, the Discos were equally not against the implementation of the eligible customers’ regulation by the NERC, but only request that it be implemented appropriately. “No hydro station should qualify. I believe that if we follow the rules as specified in the regulation, we should not have a problem. No Disco today can say it is against eligible customer because there is no reason why the Disco itself cannot be an eligible customer. “So, if you want to go to the cheap ones, we should be there first to buy all the power available on the hydro and leave you to stay with the gas. “I think we should be very consistent with the rules. The Disco I represent has about six

customers that want to go, but they are going. Some will owe us money in different names and we have written to NERC on this several times to say they should pay us and we will let them go. “No Disco can hold somebody to ransom under this, if any Disco is holding anybody to ransom on this, then NERC is there because the regulation must work and succeed,” he explained. Ayodele, further stated: “The merit order should be there, and hydros should be exempted from participating in this. What are they looking for? They are being dispatched 100 per cent, so what else do they want? Nothing because payment will follow, and payment guarantees has been given by the government and it is working. Let us use the rules the way they should apply.” The federal government recently revealed that had committed to invest N72 bilContinued on page 24

700 Jostles for FG’s Gas Flare-out Scheme A status report on the progress of the Nigerian Gas Flare Commercialisation Programme (NGFCP), a new programme initiated by the federal government to commercialise flared gas in oil fields in the Niger Delta, has indicated that so far over 700 interested parties have registered on the NGFCP portal to bid and jostle for approximately 178 gas flare sites spread across the region. According to a recent statement obtained from the secretariat of the NGFCP in Abuja, the programme has continued to gain immense traction. It also stated that the date

ENERGY set for submission of statement of qualification has been shifted to accommodate more bids. The statement also indicated that the government has approved the appointment of Mr. Rabiu Suleiman, who is a Senior Technical Adviser, Refineries, Gas, Power and Downstream Infrastructure to the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, as the new chair of the ministerial steering committee for NGFCP, following the departure of its former

chair and one-time Special Technical Adviser, Upstream and Gas to Kachikwu, Mr. ‘Gbite Adeniji. “As at today, over 700 plus interested parties have registered on the NGFCP portal to bid and jostle for the approximately 178 gas flare sites spread across Nigeria’s Niger Delta region. “After the close of the submission of the SOQs’ (Statement of Qualification), there will be an opening ceremony for the SOQs’ after which the Proposals Evaluation Committee (PEC) duly constituted by the minister of state, petroleum resources for the purpose of

evaluating the SOQs presented by the applicants to determine qualified applicant status and evaluating the proposals to determine those applicants whether they have been awarded the Qualified Applicant (QA) status,” said the statement. Stating how the submitted bid would be evaluated, the statement noted that: “A list of the selected qualified applicants will be published on the NGFCP Portal. Only QAs will be issued the Request for Proposal (RfP) package. The PEC will carry out an Continued on page 24

EthiopiaandDjiboutihavesignedadealtobuildapipelinetotransport Ethiopian gas to an export terminal in the Red Sea state, officials said. Ethiopia found extensive gas deposits in its eastern Ogaden Basin in the 1970s. China’s POLY-GCL Petroleum Investments has been developing the Calub and Hilala fields there since signing a production sharing deal with Ethiopia in 2013. AccordingtoReuters,theagreementbetweenDjiboutiandEthiopia comes more than a year after POLY-GCL signed a memorandum of understanding with Djibouti to invest $4 billion to build the natural gas pipeline, a liquefaction plant and an export terminal to be located in Damerjog, near the country’s border with Somalia. It was envisaged that production would start last year, but the Ethiopian government said that was now likely to happen in 2020. Djibouti’s Energy Minister Yonis Ali Guedi told Reuters that the deal hammered out “key terms that will serve as a basis” for related concession contracts. “It is the most expensive project ever built in the Horn of Africa region,” he said. “The two parties have reached an agreement in principle to allow them to benefit from the project in an equitable manner.” POLY-GCL is a joint venture between state-owned ChinaPOLYGroupCorporationandprivatelyownedHongKong-based Golden Concord Group.

Kaduna Trade Fair Begins March 29

The40theditionofKadunaInternationalTradeFairearlierscheduled for February 23 and March 9, 2019 has been shifted to Friday, March 29 to Sunday, April 7, 2019, due to the general elections holding on the earlier date.The fair which focuses on the theme: ‘Consolidating Interface between Industry and Agriculture for Nigeria’s Sustainable Development,” will take place at its usual venue, Kaduna International Trade and Investment Centre, Kaduna/Zaria Road, Kaduna State. According to the Director-General, Kaduna Chamber of Commerce, Industry, Mines and Agriculture (KADCCIMA), organisers of the annual event, Malam Usman G. Saulawa, Kaduna Chamber of Commerce, Industry, Mines and Agriculture (KADCCIMA), the oﬃcial opening ceremonyofthefairwouldbeperformedonSaturday,March30,2019..

SAA Settles Competition Case

State-runSouthAfricanAirways(SAA)willpayitsrivalComair1.1billion rand ($78 million) to settle an anti-competition case, sending shares in the local aviation company soaring. Struggling SAA has not made a profit since 2011 and was given a 5 billion rand bailout by government last year to shore up its balance sheet, Reuters revealed. It is one of a handful of state firms cited by credit ratings agencies as a major risk to the sovereign rating of Africa’s most industrialised economy. The dispute between Comair and SAA dates back more than a decade. SAA’s travel agent incentive schemes were deemed anti-competitive by a competition body, paving the way for a damages claim by Comair. Comair said in a statement on Friday that SAA would start making payments to it from this month until July 2022, unless SAA decides to pay the full amount earlier. Comair operates flights in southern Africa under a licence from British Airways and launched low-cost airline kulula.com. SAA’s spokesman did not immediately respond to a request for comment.

“The world of technology has a powerful impact on every aspect of our lives. It has changed the way we connect with each other, how we conduct our daily affairs and how we do business. At a high management level, technology can be one of the most useful tools to help you become a better leader. There is no question about it, technology is the driving force behind the new style of leadership” PENGASSAN President,

Mr. Francis Olabode Johnson

T H I S D AY ˾ ͯͷ˜ Ͱͮͯͷ

BUSINESSWORLD DISCO FAULTS FG’S CLAIM OF 2000MW UNUSED POWER GENERATION CAPACITY

lion for the procurement and installation of equipment to help distribute unused 2,000 MW of electricity to consumers in the country. The Minister of Power, Works and Housing, Babatunde Fashola, who disclosed this, had said the 2,000MWs was from the 7,000MWs the Gencos could generate and the 5,000 MWs that DisCos could distribute. According to the minster, the DisCos have complained about inadequate power to distribute. Fashola, however, said the problem was that the DisCos could not distribute all the power that was available. This, he explained, was leaving the sector with an unused capacity of 2,000 MWs, with an approximately 1,150 MWs projected to come in 2018 and 2019 respectively. 700 JOSTLES FOR FG’S GAS FLARE-OUT SCHEME

evaluation of the technical and commercial proposal on a strictly pass/fail basis. The financial proposals will be opened only for those bidders whose technical and commercial proposals have passed.” It explained that the new date for submission of SOQ was still February 28, 2019, having moved it from the initial submission date of January 20, 2019. It added that the date would likely not be extended any further. According to the statement, a recent meeting of the NGFCP steering committee was held at the instance of Kachikwu, where he stated that while ultimate ownership of the NGFCP rests with the Department of Petroleum Resources (DPR), the programme was still in its design phase and as such still resides with the ministry until the conclusion of the first auction round. Kachikwu, at that meeting also reportedly announced Suleiman, as the chair of the committee, with Mr. Justice Derefaka, still remaining as the Program Manager of the NGFCP.

NEWS

NNPC Supplied 19 Billion Litres of Petrol in 13 Months Chineme Okafor in Abuja The Nigerian National Petroleum Corporation (NNPC) has disclosed that in the last 13 months, it supplied a total of 19,437,894,096.66 billion litres of petroleum products into the Nigerian downstream sector through its Direct Sales Direct Purchase (DSDP) programme. The period was between November 2017 and November 2018. The corporation, stated this in the November 2018 edition of its monthly operations and financial report which was posted on its website. According to the report, out of the total volume of petroleum supplied through the DSDP in the 13 months under review, the volume of petrol supplied was the highest and amounted to 19,242,475,780.64 litres while kerosene was 195,418,316.02. It noted that while it brought in petrol during the period under the DSDP, it was only able to do so for kerosene under the DSDP in January 2018 - 33,794,490.58 litres; June 2018 - 43,427,408.64; July - 46,693,719.07; and 44,294,402.77 litres in August. “In November 2018, 1,608.17million litres of

PMS (Premium Motor Spirit) were supplied into the country through the DSDP arrangement as against the 1,752.01million litres of PMS supplied in the month of October 2018,” said the report. With regards to crude oil lifted for the use in the

DSDP, NNPC explained that in October 2018, it lifted 8,514,146 barrels of crude oil for domestic utilisation, translating to an average volume of 274,649.87 barrels of oil per day in terms of performance. It stated that in order to meet domestic product supply

requirement for the month of October 2018, about 8,514,146 barrels were processed under the DSDP scheme, adding that no barrel of crude oil was delivered to the domestic refineries for processing within the period. Similarly, in terms of monetary value for the crude oil

lifted for domestic supplies, the NNPC explained that $7,845,491,732.71 was the value of the lifting between October 2017 and October 2018; with its naira equivalent put at N2, 392,089,687,584.68, adding that the prices of crude oil were averagely valued at $70.17 per barrel.

PRODUCT LAUNCH

L-R: Executive Director, Commercial Banking, Ecobank Nigeria, Carol Oyedeji; General Secretary, Alaba International Market Association (Electronics), Ben Okolie; Managing Director, Ecobank Nigeria, Patrick Akinwuntan; Managing Director, Ajuoye Dynamic Concept, Okwelogu Romanus and Managing Director, J-Clax International, Jude Esedebe, at the launch of EcobankPay zone at Alaba International Market in Lagos…recently

LCCI Tackles FIRS over Freezing of Alleged Tax Defaulters’ Bank Accounts Jonathan Eze The Lagos Chamber of Commerce and Industry (LCCI) has expressed concern over reports by many corporate bodies bordering on freezing of their accounts and alleged debiting of such accounts by the Federal Inland Revenue Service (FIRS) on account of tax defaults. According to LCCI, tax administration should be in consonance with the basic tenets of the rule of law and the fundamental principles of a good tax system. This, the chamber further stated should be consistent with the principles of equity, fairness, legality, accountability and due process.

The LCCI which disclosed this after its meeting noted that taxpayers should be given ample opportunity to defend their positions on tax matters before a lien is placed on their bank accounts, adding that there are instances where company accounts were frozen in error because there was no proper engagement, documentation or communication with the tax payers. The statement added: “The disruptions to businesses resulting from a sudden freezing of bank accounts for reasons of alleged default in tax payment has caused irreparable reputational damage to many businesses. “In the light of the forego-

ing, LCCI urges the FIRS and the banks to exercise utmost restraint in the adoption of this tax revenue recovery strategy because of the grave implications for investors, financial inclusion and the economy as a whole. The damage to the economy may be much more than the contemplated revenue. “Revenue generation is not an end in itself; it is a means to an end. The ultimate objective is to ensure equity, improve welfare of citizens, create jobs and promote the advancement of the economy. “The activities of agencies of government should be in tandem with the Ease of Doing Business agenda of government and the

promotion of the ideals of the Economic Recovery and Growth Plan (ERGP).” On the general elections, the LCCI Council reiterated the imperative of a peaceful conduct of the forthcoming elections. It stressed the need for the elections to be free, fair and credible. It underscored the critical importance of the neutrality of INEC, the security agencies and the Judiciary in the electoral process stressing that a peaceful environment is crucial for political stability, economic progress, social stability and societal cohesion. “No significant investment will take place in an environment that is politically and socially

unstable.” It commended the payment of the first tranche of outstanding petroleum subsidy claims to the tune of N237 billion in promissory notes. It also commended the intervention of the Central Bank of Nigeria in the granting of partial interest waivers for the marketers on their indebtedness to the banks. The LCCI, however, urged the government to effect the payment of the balance of the subsidy claims without delay. The meeting also proposed the expeditious passage and assent of the Petroleum Industry Bill and the deregulation of the sector to put an end to the recurring subsidy problem.

welders is peanuts. We should look into our technical schools and trade centres”. The first Deputy President of ICCI, Sir Sola Abodunrun, said the private sector was very important in any nation’s economy, stating that the private sector is the major employer of labour. Abodunrin who represented the President of the Chamber, Engr. Ismaila Alapa, noted that it was imperative to know the plans of those who intended to govern the state in terms of economic policies and development programmes, pointing out

that something missing in the campaigns of the gubernatorial candidates was their plans for trade, commerce, industries and businesses owned by the private sector. The candidates while presenting their individual plans for the private sector assured that they would initiate policies that would help the OPS to thrive in the state with Alli of ZLP stating that if elected as governor he would engage the OPS in areas such as agriculture where the state has comparative advantage.

MAN Decries Neglect of Artisans Group Business Editor

Kemi Olaitan in Ibadan

Capital Market Editor

The Vice President, Manufacturers Association of Nigeria (MAN) Oyo/ Osun/Ekiti/Ondo branch, Mr. Lanre Popoola, has lamented the relegation of local artisans over lack of the required certification in their respective sectors. He said this during an interactive session organised by the Ibadan Chamber of Commerce and Industry (ICCI) in conjunction with other members of the organised private sector for governorship aspirants in

Obinna Chima 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

Oyo State to highlight their agenda for the private sector in the state. The event which held in Ibadan, the state capital, was attended by the gubernatorial candidates of the National Interest Party(NIP), Mrs.. Bonlanle Sarunmi-Aliyu; Zenith Labour Party(ZLP), Barrister Sharafadeen Alli; and Abundant Nigeria Renewal Party (ANRP), Mr. Olalekan Ayorinde. Popoola said, “Having certified artisans will save this country a lot of money. We waste a lot of money on expatriates who are doing

what our people here are doing. “You will pay the federal government $2,000 to employ an expatriate, that is about N800,000. “You will pay the expatriates in dollars and in naira and you will also provide for their accommodation. Our artisans can do what they are doing it’s just that they are not certified, we should have them certified. “When we bring in even an expatriate welder, we will need to employ our local welders to do the work, but what we pay our local

T H I S D AY ˾ ͯͷ˜ Ͱͮͯͷ

BUSINESSWORLD

ENERGY

As N701bn Power Supply Fund Draws Down Operators in the privatised power market will have to deal with changes in their operations when the N701 billion guarantee fund of the Nigerian Bulk Electricity Trading Company Limited finishes, writes Chineme Okafor

Recently, the federal government disclosed plan to end its provision of financial support to power generating companies (Gencos) and gas suppliers in Nigeria through its N701 billion Payment Assurance Guarantee (PAG) scheme. Initiated by the Nigerian Bulk Electricity Trading Plc (NBET), the N701 billion PAG was sourced from the Central Bank of Nigeria (CBN), to help cushion the revenue shortfalls on the Gencos’ books, as well as keep gas supplies to them stable and uninterrupted. Stating that the Gencos must now go out of their way to get customers and sell power generated to them directly under a new scheme – the eligible customers’ regulation, of the Nigerian Electricity Regulatory Commission (NERC), the government noted that its handling of the financial shortfalls incurred by the Gencos would come to an end once what is in the pool runs out. Speaking at a workshop on the eligible customer regulation organised by the NERC in Abuja, the Permanent Secretary in the federal ministry of power, works and housing, Mr. Louis Edozien, said the Electric Power Sector Reform Act (EPSRA 2005) never intended that the government would continue to pay for shortfalls incurred in the electricity market by operators. Edozien, whose ministry subsequently denied that he said this at the workshop, explained the government and NBET were actually not the major consumers of electricity and as such power generators must look for those who consume their product and sell to them. “I have a message to Gencos, gone are the days where you could on your own, or through your association or investors agitate about not being paid or not being able to sell your products. “Since 2017, the federal government established a policy to pay you where you are not paid and that policy still subsists. “But it is also not obtainable any longer for you to complain about not being able to sell your 2,000 megawatts. Go, find the customers who need it and sell it to them. “That is what this regulation now authorises and empowers you to do. Don’t sit back, don’t expect that government will perpetually be buying your power,” Edozien had said. According to him: “Government does not consume your power, NBET is not the consumer of your power. Eligible customers are the consumers of your power, find them, contract with them. That’s the essence of this policy. “Government through the payment assurance programme is paying the generation companies for shortfalls in payments through the NBET

and clearly that is not what the Act intended for the industry today. And ultimately government has to exit from this role.” Beneﬁts of the N701bn PAG The PAG was set up in 2017 by the NBET to amongst other objectives mitigate the financial constraints of the Gencos who as a result of the poor remittances from power distribution companies (Discos) do not get enough money for power they generate and send to the grid. As the systems settlement administrator for the Nigerian electricity market, the NBET manages and implements the N701 billion PAG which is a loan to the NBET to meet its obligation to Gencos. This by its composition means that like all loans, the fund is expected to be paid back by NBET to the borrower, in this case the CBN with interests. Considering that the performance of the Discos has reportedly continued to decline since February 2015, when the Transition Electricity Market (TEM) was introduced in Nigeria’s electricity market, the NBET thought it necessary to set up the PAG to cover for such payment shortfalls. This, by implication meant that the portion of the invoices the Discos pay to the NBET for the energy delivered to them has continued to decline, as well as remittance to the Gencos and other market participants. This reported behaviour by the Discos also posed a threat to the growth and sustainability of the power market. And, part of the impacts of the declining remittances was according to NBET, a steady decline in power generation levels which it

Government through the payment assurance programme is paying the generation companies for shortfalls in payments through the NBET and clearly that is not what the Act intended for the industry today. And ultimately government has to exit from this role

needed to quickly arrest with the PAG. Having obtained the loan with approval from the Federal Executive Council (FEC) on March 1, 2017, the NBET then indicated that its use would last up to two years, which is between January 2017 and December 2018. Within this period, the NBET also stated that it would in the interim considerably meet its obligations as a system settlement administrator in the market, and ensure steady supply of electricity from the Gencos to the grid. It also explained that it would subsequently continue to discuss and explore other considerations for long-term sustainability of the market, which means, ensuring that the Discos remit all the monies they collect for electricity sold to them. As a bridge finance, the N701 billion was reportedly an urgent response to avert the gradual loss of generation capacity due to under payments resulting from declining Discos remittance to the NBET. It was also to be repaid over a 10-year period but with a two-year moratorium. Poor Remittance Persists While the idea of the N701 billion PAG was that it would enable the Discos ramp up payments to the NBET, the remittance situation really hasn’t changed. Being the responsibility of the Discos to improve collection efficiency and remittance over the period as they continued to receive steady electricity supply from the Gencos, the NBET had expected them to by December 2018 when the PAG was expected to run through its course, improve on their remittances. But a recent report from the NERC indicated otherwise. According to the third quarter 2018 report of the NERC on the operations of the power sector, the financial viability of the market has remained its most significant challenge, with the Discos remittance level averaging a mere 33 per cent. The NERC said during the third quarter of 2018, the 11 Discos were issued a total invoice of N162.5 billion for energy received from NBET and for service charge by the Market Operator (MO), but only a sum of N54.1 billion, representing 33.3 per cent was settled by the Discos, thus creating a significant deficit of N108.4 billion in the market. As the Fund Runs Out Though, the NBET once stated that between January 2017 and May 2018, it ensured that 80 per cent of generation invoices submitted to it by the Gencos were paid, including 90 per cent payment of gas invoices from under the

PAG, industry sources however told THISDAY that the fund may soon be drawn down and that remittances from the Discos were still low. And, considering the disclosure by Edozien that the government would not consider a fresh facility, the development thus suggests a need for the NERC and stakeholders in the sector to step up efforts to get Discos to raise their collection and remittance levels so as to keep the sector afloat. On its part however, the government may have indicated that the NERC’s eligible consumers’ scheme would be its response to the development, being that Edozien, stated at the meeting that, “The purpose of this gathering is to give full effect to the (eligible customer) policy direction unveiled by the Minister of Power, Works and Housing, Babatunde Fashola, in 2017.” “With the policy, if you are a bulk consumer in the power sector and you are not satisfied with the services you are getting, you have been empowered under the Act to buy the power from an existing licensee and have it transmitted and delivered to you. “It is a bit disheartening that though we are almost two years after that policy direction not one fully licensed eligible customer is enjoying this regulation. So, I have messages for all the people here so that we can from today move forward much more expeditiously to effect what the minister intended almost two years ago. “First is to NERC. Regulation is made for man. Man is not made for regulation. Let’s take advantage of this regulation because a good regulation with no beneficiaries is a bad regulation,” Edozien had added. Further, a source at one of the Gencos revealed that the challenge of the sector was basically all about full remittance for power supplied to the grid and which is within the purviews of the NERC and Discos. “We have a challenge in the sector, and it is that the Discos are not remitting enough money. Now, there are causes for this and it is should be for both government and Discos (to resolve). “But rather than government solving the problem holistically, they created the eligible customers’ regulation which is not entirely bad but badly pursued,” the source explained, while suggesting that the regulation would not solve the liquidity challenges of the Gencos. “What the eligible customer is doing is simply to remove the good commercial customers and that will kill the Discos,” the source said, adding that with the Transmission Company of Nigeria (TCN) in the loop, the guarantee of stable electricity transmission would also have to come into question.

T H I S D AY Ëž ÍŻÍˇËœ Í°ÍŽÍŻÍˇ

NIRSAL MFB Timely for MSMES Cletus A. Adole In spite of the visibility of microfinance banks in some parts of the country, the reality is that there still exists a large untapped gap in the Nigerian economy for finance institutions serving small and medium enterprises (SMEs) especially in rural, underbanked and unbanked communities. Despite the existence of over one thousand microfinance banks (MFBs) that aim to provide these services, over 80 per cent are not adequately capitalised. These banks have been unable to provide easier access to credit and other financial services for SMEs, with many facing liquidity and operational challenges. The recently licenced NIRSAL Microfinance Bank (NMFB), an institution midwifed by the Bankers Committee of Nigeria, the Nigerian Incentive-Based Risk Sharing System for Agricultural Lending (NIRSAL) and the Nigerian Postal Service (NIPOST) is set to transform the nationâ€™s development finance sector and make a measurable difference in small businesses across the country and in the lives of the millions of Nigerians dependent on them. The bank will leave significant positive impact on the nationâ€™s overall economy. It is positioned to be a game changer in the microfinance banking sub-sector and MSME financing in Nigeria. It will offer from inception, transformative financial and non-financial services across the country. It will provide access to more affordable funds for small business owners than currently exists in the banking sector, thereby improving wealth creation, enhancing employment, and reducing poverty and ultimately contributing to the growth of the economy. In line with its mandate, The MFBâ€™s capabilities to finance MSMEs will be greatly supported as it will leverage on NIRSALâ€™s credit de-risking facility. The shareholding of the MFB which reflects the foundational tripartite role of the three institutions is a source of confidence. The Bankers Committee has 50 per cent ownership, NIRSAL 40 per cent and NIPOST whose widespread network of offices will provide the necessary infrastructure for reaching far flung areas in the 774 Local Government Areas of the country has 10 per cent. The MFB will benefit from a professional and institutional synergy of the investing institutions. All the institutions are represented on the board of the bank, to provide the needed strategic and institutional guidance. Given the proposed spread of the MFB in all the 774 LGAs. it will be well suited as a wheel for the disbursement of the various CBNâ€™s intervention funds for lending to MSMEs. SMEs remain a critical component of the Nigerian economy and creating deliberate ventures to support their growth has been at the core of NIRSALâ€™s existence. There are currently around 37million MSMEs scattered across the country which account for 84 per cent of its labour force. The agricultural sector in particular has the largest propensity for growth, projected at 8.37% in real terms by 2020. Agriculture remains the most significant

economic sector in Nigeria, employing about 36.55% of the population, and making it the principal employer of labour. In 2017, the sector grew by 3.45 per cent at a real value of N17.2 trillion, contributing 25 per cent to real GDP. Agribusiness MSMEs span across segments of various agricultural value chains, and account for around 97 per cent of the agricultural GDP of Nigeria. Despite their important contributions and potential for growth, MSMEs continue to face an array of momentous challenges. These include poor infrastructure; limited access to markets; technology constraints; unskilled workforce; multiple taxation and an arduous regulatory environment. These challenges have led this large segment of the economy to contribute just seven per cent of export earnings, with low propensity for development. As numerous as these constraints are, inadequate access to finance remains the most critical for entrepreneurs and the biggest constraint to their economic growth. The NIRSAL MFB will fill this gap by providing MSMEs with easy access to finance. The MFB will soften the various impediments that militate against access to finance by MSMEs. With an average adult population of 99 million, out of which 63.3 per cent work in the rural areas and 20 per cent have no formal

education, this population has an enormous unmet financial need. In these underserved communities, 68.9 per cent of people have access to a mobile phone, and 56 per cent are under the age of 35, creating enormous opportunities for the provision of digital financial solutions. The addition of these services to the financial system will set the country forward in meeting the United Nations Sustainable Development Goals (SDGs) and improving other macroeconomic indicators, making the MFB a timely and well thought out solution in the development finance sector. Recent findings have highlighted an intense national need to drive financial inclusion for the unbanked and underbanked communities. The newly released State of the Market Report on Digital Financial Services published by the Lagos Business School revealed that the current financial inclusion rate stands at 49 per cent after eight years of interventions, which means the country still has a steep journey to attaining the 80 per cent goal by 2020. The report also showed that poverty levels are higher in under-banked and unbanked households, making it imperative to link micro-credit and financial services to the poorest regions. With a mission to efficiently provide affordable products and services to the rural and urban populations using technology and

professionalism, the MFB will be well positioned to drive financial inclusion as a national imperative. The NMFB will provide stability, reliability and trust for people who do not otherwise have access to institutions that prioritise their financial needs. NIRSALâ€™s Managing Director Aliyu Abbati Abdulhameed, has been instrumental in enhancing a robust risk management framework which has significantly improved the loan performance rate that will be built upon in the management of the MFB. This strong base will drive a solid new wave of nationwide financial empowerment that is desperately needed to breathe new life into MSMEs in the country and boost the economy. The activities to be financed include agricultural value chain, services, cottage industries, artisans, trade and commerce and other prescribed income generating businesses. The bank will also achieve progressive growth driven by partnership, teamwork, technology and solutions centred around meeting the needs of its consumers. It will boost job creation by empowering these enterprises with the funds and capacity to hire more staff. In addition, it will provide the desperately needed liquidity for SMEs resulting in an overall improvement of the financial system stability. Adole, a policy analyst writes from Abuja

African Leaders Support Dangote, Imoukhuede-led Business Coalition for Health Jonathan Eze and Chris Uba Heads of Government across Africa have expressed support for a new health platform tagged: â€˜African Business Coalition for Health (ABC Health),â€™ a joint initiative of the Aliko Dangote Foundation; GBCHealth, and United Nations Economic Commission for Africa (UNECA), which was launched in Addis Ababa, Ethiopia. The ABC Health platform is a platform designed to bring together business leaders in Africa to collaborate with heads of government and other stakeholders to tackle basic health challenges in Africa, with assurances from government to collaborate for healthier Africans. It was launched with commitments by all partners and stakeholders to put efforts together to improve basic health care services in the continent during the inaugural Africa

Business: Health Forum 2019, which witnessed the launch of the official logo of the ABC Health. According to a statement, The platform has the objective of driving business leadership, strengthening partnerships, and facilitating investments to change the face of healthcare in Africa. Taking place on the sidelines of the just concluded 32nd African Union Summit, the forum examined 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 was expected to unify Africaâ€™s key decision makers in exploring opportunities for catalysing growth in the continentâ€™s economy, through business partnerships to invest in the

health sector. In his opening remarks, the Chairman of Aliko Dangote Foundation, Alhaji Aliko Dangote, who was represented by the Foundationâ€™s Executive Director, Halima Aliko-Dangote, said Africa Business Health Forum would identify issues and solutions to Africaâ€™s health challenges with a view to mobilising the will to confront it headlong. He said it was a well-known fact that there was a vital relationship between health and economic growth and development in Africa as healthy populations live longer, are more productive, and save more. Access to essential health services is an important aspect of development. Dangote stated that: â€œGovernments from both developed and developing countries are increasingly looking at publicprivate partnerships (PPPs) as a way to expand access to

higher-quality health services by leveraging capital, managerial capacity, and know-how from the private sector.â€? According to him, â€œAfricaâ€™s healthcare systems demand significant investments to meet the needs of their growing populations, changing patterns of diseases and the internationally-agreed development goals. He said as a businessman, and through Aliko Dangote Foundation, he was committed to working with governments and key stakeholders for the development of impactful health initiatives in Africa in the belief that private sector leaders have a strong role to play. Back in his home country, Dangote informed his audience that, in keeping with his passion to see healthier African people and a better continent, he has proposed and charged business leaders to commit at least one per cent of their profit after tax to support

the health sector. In his own remark, the cochair of the GBCHealth, Aigboje Aig-Imoukhuede, said while Africa had made significant progress in the funding of healthcare, â€œwe are still very far from where we need to be to achieve SDG Goal 3,â€? He lamented that the healthcare in Africa was constrained by scarce public funding and limited donor support, and that the out of pocket expenditure accounts for 36 per cent of Africaâ€™s total healthcare spend, pointing out that given the income levels in Africa, it is no surprise that healthcare spend in Africa is grossly inadequate to meet Africaâ€™s needs leading to a financing gap of N66 billion per annum. Imoukhuede, said it was clear that African governments alone cannot solve this challenge, which was further exacerbated by the

continentâ€™s growing population and Africaâ€™s changing disease portfolio. Therefore, there was no alternative but to turn to the private sector to complement government funding, he added. The Executive Secretary of the United Nation Economic Commission for Africa (UNECA), Vera Songwe, expressed regret that Africa with over 50 countries was struggling to combat her healthcare challenges but that organisations such as being launched offer a veritable perspective from the private sector to the solutions to Africaâ€™s health care problems. She said about $17.3 billion worth of drugs were imported into African Continent and that if Africa could manufacture those drugs, then that would be 17.3 billion worth of jobs created. However, to attract the participation of African private sector, there is the need to create enabling environment.

T H I S D AY ˾ ͯͷ˜ Ͱͮͯͷ

BUSINESSWORLD

ANAYSIS

Weighing Corruption Perception Index Report on Nigeria Ugo Aliogo examines the implication of the recently released 2018 Corruption Perception Index report by the Transparency International The 2018 Corruptions Perceptions Index (CPI) released globally by Transparency International recently revealed that Nigeria neither improved nor progressed in the perception of corruption in the public administration in 2018. The newly released index published by the Civil Society Legislative Advocacy Centre (CISLAC), which is Transparency International chapter in Nigeria, revealed that Nigeria scored 27 out of 100 points in the 2018 CPI, maintaining the same score as in the 2017 CPI. In the country comparison, Nigeria ranks 144 out of 180 countries this year as opposed to 148 out of 180 countries in the 2017 CPI. Nigeria is thus still perceived as highly corrupt, and although the ranking shows that Nigeria moved up four (4) places, it only means that four other countries have scored worse while Nigeria stagnated. The CPI aggregates data from a number of different sources that provide perceptions by business community and country experts of

the level of corruption in the public sector. In the case of Nigeria, the composite score consists of sources which include: African Development Bank Perception Survey, Bertelsmann Foundation Transformation Index, Economist Intelligence Unit Country Ratings, and others. These are statistically significant and evidence-based sources. The report explained that in February 2018, when the 2017 CPI was released, some section of the public challenged the results and stated that it did not reflect the situation in the country; while others agreed that corruption has truly eaten deep into the system and that the score was a true reflection of the state of corruption in Nigeria. CISLAC noted that lack of progress in the fight against corruption as testified by this year’s edition of the CPI is a consequence of partial or non-implementation of recommendations issued by corruption experts and activists. According to the report: “There were recom-

mendations that accompanied the launch of the CPI 2017, one of which was for the immediate appointment and prompt inauguration of the National Procurement Council (NPC) as provided in the Public Procurement Act. “In 2018, the Permanent Secretary, at the Open Government Week 2018, responded to the question of when the NPC would be inaugurated by stating that “the Council has in fact been constituted and its inauguration will be done very soon.” Regrettably, CISLAC noted that despite corruption in procurement which was responsible for about 70 per cent of the aggregated corruption in the public administration, the NPC has still not been inaugurated. “Another recommendation urged the Nigeria government and the Legislature to strengthen anti-corruption institutions and provide adequate protection and encouragement for whistle-blowers. “The confirmation of 60 nominees for leadership positions across various institutions, including

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agencies vital to fighting corruption continues to suffer delay, which has continued to undermine governance and complicate the fight against corruption in the country. “With the inability of the present administration to stop political boycott of key appointments and pass the much needed legislation such as the Proceeds of Crime Bill and to implement the recommendations given at the launch of the CPI 2017, it is no wonder that Nigeria’s score in 2018 is no different than 2017. “Let us underscore that “acting” leadership of any anti-corruption and law enforcement institution is falling short when these institutions should spearhead the combating pervasive corruption and organised crime as in the case of Nigeria.” In his reaction, the founder, Akin Fadeyi Foundation, Akin Fadeyi, noted that there are glaring evidences of members of the ruling party enmeshed in corruption controversy but are being shielded from trial.

T H I S D AY ˾ TUESDAY FEBRUARY 19, 2019

PROPERTY & ENVIRONMENT Meridian Park 2 Homeowners Tackle Lekki Gardens Over Cost of Services Residents of Meridian Park 2, also known as Lekki Gardens Phase V, have all manner of grievances against the developer of their estate, Lekki Gardens Ltd., but on top of it all are disagreements over the cost of services and an unexpected N300,000 charge to connect them to the estate’s electricity generating set, which they argue was not what the developer told them it meant when they said residents would enjoy electricity 24 hours of the day, all year round. Bennett Oghifo writes

esidents of Lekki Gardens V say they are shocked at the developer’s actions, which they said puts profit ahead of their humanity. Lekki Gardens denies this, stating that they are applying a model that they believe would be sustainable and would serve the residents better after they relinquished the management of the estate to the residents. Lekki Gardens is a successful developer, who gave other developers a bit of a scare with his sales model, until that unfortunate collapse of a block of flats under construction in one of his estates slowed him down in the Lagos market. Lekki Gardens Phase V is one of such success story that is located behind Abraham Adesanya Estate, less than five hundred metres from Lekki Gardens Phase IV. Homes in Phase V are roll houses or Terrace duplexes that were sold as Shell homes that the prospective owners were expected to complete to their taste at their pace. They were also promised 24/7 electricity, clean water, efficient services, beautiful environment and the works. They took the bait and bought their homes, but that, regrettably, it took two to three years after the agreed date of home transfer for them to get their keys. “I forced my way in after my rent expired where I lived because I didn’t want to renew it,” said the Chairman of the Residents Association, Jerry Cisse, when THISDAY visited the estate recently. “After I moved in, I ran my generator for a year, built my own septic tank, and drilled a borehole, which they tried to get the police to stop, because he said it was contrary to their policy.” Cisse, who had with him the General Secretary of the association, Ladi Fashura and the Assistant General Secretary, Onuwa Phillip, said even if they had promised to give him a tanker of water daily, “I would not take that hook line and

sinker, because of your perennial attitude of failed promises.” The residents had seen too many red flags in their dealings with the developer to trust any promise they made. He was the third person to move into the estate, but now there are 38 families resident in there. They have a residents’ association that is negotiating with Lekki Gardens on what to pay for services. The residents said they would pay N25,000 per month/quarterly but the developer was asking for N27,000/annum and, while they were at this, they came up with a N300,000 per home charge to connect them to the estate electricity generators – 175KVA and 60KVA. The residents found this charge unbearable and reacted. “We were still debating this when they sent a letter that each home should pay N300,000 as fee to connect to the generator, and that this charge was renewable every five years. We replied reminding them that they promised to give us electricity and they said they generator was coming.” Lekki Gardens brought the generators- 175 KVA and 60KVA – and promised to increase the capacity as the estate’s residency increased. “We disagreed with them and this became a second major issue, apart from the services which includes, water treatment, security, central sewage system, maintenance of common areas, street lights, waste collection and disposal and hiring of a facility manager who will ensure that these services work properly. “Before now, they had sent us a letter to pay N115,000 per home for meter and N25,000 to connect the meter.” The association said the N300,000 charged them was intended to make residents pay for the generators. “He knows he would be pushed out eventually and is now saying rather than me buying this generator. It is being done to preempt that event. It’s not

Meridian Park 2, Lekki Gardens Phase V

nice, it’s not normal and it is left to the residents to decide if that is their preferred approach. In the next few months, what we think is an aberration will become the new norm,” chipped in the General Secretary of the Association, Ladi Fashura. “We pushed back because it is not right to just wake up and impose new fee, but we suspect that some people are beginning to pay, especially the new people moving into the estate, who are not aware of our push back. Lekki Gardens included it in fee they should pay before being handed keys to their homes. “We didn’t pay for these homes because we cannot use the money to buy elsewhere, we paid for community where you can have like-minded people come together to build something that hopefully will be a standard, as they say in the other estates, a demonstration that things can work in Nigeria, and then you have a developer coming to try and run our lives.” The residents said the generator was one of the assets promised them, “because in every document we had there was promise of electricity and that we shouldn’t bring our

generators.” The residents are expected to pay another amount of money as connection fee after five years, according to what they said Lekki Gardens told them in letter, and that they were informed that the money was for asset recovery. However, they told the developer, “the generator is yours but electricity is the service that is promised us.” While the debate was on, they said Lekki Gardens came to remove the generators but that they pleaded with the wives at home when they came that Monday morning to use their cars to barricade the estate gate. It worked and, at the end of the arguments that ensued, the generators were reinstalled for use in the estate. The way forward, according to the association, “is that of mutual respect towards delivery of promises made and that will be mutually beneficial because they will look back and say this is an asset we have delivered and they can get more business from it, and we will get to live in an asset that is worth the money we’ve spent on it that will continue to appreciate. Until we get to that place where it’s

not money first but it is people first, we will probably continue to have this conflict.” The residents said they are leaving all options open to address the issues at stake, including approaching the court, but that they intend to explore sensible dialogue first. Lekki Gardens’ response… A senior official of Lekki Gardens, Mr. Akin Romeo told THISDAY on telephone that they were aware of complains of the residents at Phase V but that they did not take decisions unilaterally, as the association claimed. He confirmed that both parties discussed the issue of service fee but were yet to agree on an amount. “The truth is that when you live in a serviced estate, you pay for services. Number two, the issue of generators, generators are never part of infrastructure delivery. When we say power, we talk about connecting the estate to the national grid, but we recognise that when you have connected the estate to the national grid, the power you will get from the national grid will never be enough and you have to make

provision for alternative source of power. “Our model is very simple; it’s a model we have worked on and we have seen that this is the best model. That is a model that allows homeowners to contribute towards purchasing and owning their generators and it is sustainable in the sense that when you have 10 people living in an estate, give it another year, there will be 50 people living in that estate. So, if you buy a generator today that can serve 10 people, I can assure you that when they are 50, the generator will not be able to serve them.” According to Romeo, “Contribution to generator allows us to upgrade as occupancy rate increases in the estate. And, of course, the generator will be owned by the homeowners. So, even if a subsidiary of Lekki Gardens today is providing power to them, if they are not satisfied with the service, tomorrow they can say sorry, thank you for providing this service, but we think we need someone else to provide the service, but because the generator belongs to them, nobody will take the generator away.

Nigeria Ranked Highest in Seizure of Pangolins in the World Fadekemi Ajakaiye The Nigerian Customs Service, Federal Operating Unit, Zone A, has revealed that Nigeria had the highest seizure of Pangolin in the world. A total measure of 14833 metric tonnes, worth about $900,000,000 was seized in 2018. This report was presented by the Assistant Comptroller Mutalib, a guest speaker at the just concluded Pangolin Commemoration Day, tagged Pangolins and Politics. The event was hosted by the Nigeria Conservation

Foundation, Lekki Conservation in Lagos, recently. Pangolins are the most traded mammals in the world, classified as endangered species, with Nigeria leading in the poaching business, Mutalib said. He stated that Pangolin is an expensive delicacy in China and South Asia, the scales are believed to cure diseases like cancer, boost the production of breast milk, etc., and so the high demand for it from African countries. On the average, the price for Pangolin scales per kilogram in the regular market is around

$3,000, and $15,000 in the black market. Pangolin meat goes for $300 per kilogram, and $100 for a life Pangolin, Mutalib said. He stated that averagely between 10,000 and 100, 000 Pangolins are poached annually, driving this specie of mammals into extinction. He stated that one of the major challenges faced in saving these pangolins are serious attacks on Custom officers, as a result of stiff resistance put up by the poachers, thereby putting the lives of officers at risk. There is poor or no reward system for the officers who

risked their lives in saving the environment. They ought to be commended, as failure to do this can dampen the enthusiasm of officers saddled with this tasking assignment, he said. The Judiciary are not helping matters in this regards as culprits are later seen working freely in the community, and continue with their nefarious activities. This is a major setback on the efforts of the Customs officers to save the environment, he said. The Science and Politics of Pangolin conservation was discussed by the Founder and Director, Pangolin Conservation

for the US, Mr Justin Miller, who was also a speaker at the event. Miller stated that Pangolins were initially declared extinct in Africa in the early 1900s as farmers killed these animals, which were said to destroy farm produce, hunting purposes and feeding. Conservation efforts tried in saving what was left, to prevent extinction. Pangolin Conservation, a non-governmental organisation is engaging in fund raising to bring financial assistance to aid sensitisation, research, and help prevent these species

from extinction, Miller said. Dr Olajumoke Morenikeji from the University of Ibadan, discussed the role of Stakeholders in Pangolin conservation and protection in Nigeria. She stated that Pangolins provide the earth with all natural pest control, as a single pangolin can consume up to 70 million insects in a year and also fantastic tenders of soil. Their mere presence with that of other organisms and processes within the habitat, the live encouraged a continued healthy ecosystem function, she said.

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

T H I S D AY Ëž ÍŻÍˇËœ 2019

BUSINESS/MONEYGUIDE

FG Highlights Gains of GEM,World Bank-funded Project Nume Ekeghe The project implementation Unit of the GEM Project yesterday said the $160 million World Bank-funded project, being implemented by the Federal Ministry of Industry, Trade and Investment (FMITI), has been a success story. The Strategy Communications Adviser to the Minister of Industry, Trade and Investment, Mr. Bisi Daniels, disclosed this in a statement. According to the statement, the project has contributed to the diversification of the Nigerian economy, by supporting sectors that have high growth potential and create massive employment. It further explained that the project supports micro, small and medium-sized enterprises (MSMEs) operating in five high potential sectors of the economy, namely: ICT, entertainment, tourism, hospitality, light manufacturing, and construction. â€œIt also offers more direct support to firms channelled through a platform- called the Business

Innovation and Growth (BIG) Platform â€“ to provide various trainings, technical assistance and grant schemes â€œAs it had been earlier explained, at the end of 2016, the World Bank rated the GEM project unsatisfactory and underperforming and considered scrapping it. â€œAfter three years of operation, the project had low deployment and was not meeting its job creation and economic development objectives, so it had to be restructured,â€? it added. It listed the restructuring carried out in conjunction with the World Bank team to include strengthening the management team to deliver on the promise of the project; deploying more funds directly to SMEs, as opposed to using intermediaries; modifying the projectâ€™s existing equity window to an SME investment fund, which is a proven mechanism for boosting growth, creating jobs and increasing entrepreneurship; improving the coordination and partnership with the World Bank; and extending the duration of

the programme to ensure that the results can positively affect and reach more Nigerians. Highlights of the restructuring included the restructuring of Project Implementation Unit (PIU) â€“ focused leadership with new leadership; better and faster disbursement of the funds; more allocation directly to the SMEs, as opposed to consultants and intermediaries (the allocation to consultant reduced) and change of ineffective programmes and introducing new ones. It listed the achievements recorded over the years to include 950 million that have benefited so far from GEM grant across the different grant windows with additional 200 MSMEs in pipeline for grant before closure date; 27 local consulting firms Business Development Service Providers (BDSPs) have been trained to deliver technical services to MSMEs across the country and the 774 MSMEs that benefited from the consultancy services provided by the BDSPs, among others.

Enelamah

MARKET INDICATORS MONEY AND CREDIT STATISTICS

Polaris Bank Deepens Financial inclusion in Niger State As part of its commitment to ease access to banking services for more people, Polaris Bank has entered into a strategic partnership with the Niger State government. The move would ensure participants in the supply value chain of the National Home-Grown School Feeding Programme (NHGSFP) open bank accounts with less hassle. Managing Director, Polaris Bank, Tokunbo Abiru, was quoted in a statement to have said the decision to partner with the state government aligned with the federal governmentâ€™s commitment to ensure more children have

access to education especially those from the less privileged (underprivileged) and most vulnerable segments of society. While stating that human capital development was dear to the bank, Abiru said the partnership with the state government was in consonance with Polaris Bankâ€™s commitment to efforts at bridging the gap in the number of unbanked Nigerians. He disclosed that since the feeding programme commenced in 2016, over 7,500 people across supply value chain had been engaged in the state, while Polaris Bank has opened bank accounts

for 1,500 cooks. â€œWhen you take into consideration a recent survey which shows that about 40 per cent of Nigerians are unbanked, and the financial inclusion target of the Central Bank of Nigeria, you will see the importance of the work we are doing with the Niger State government. â€œThis will also ensure that we stimulate the economy in the state by providing banking services to the various chain of food suppliers, transporters, food stuff sellers, farmers and all other components involved,â€? Abiru said.

Coronation Ranked among Worldâ€™s Best Investment Banks Global Finance magazine has named its 20th annual Worldâ€™s Best Investment Banks in an exclusive survey to be published in the April 2019 issue. Winning organisations would be honoured at an awards ceremony in October, during the IMF/World Bank annual meetings in Washington. According to a statement, J.P. Morgan was honored as the Best Investment Bank in the world for 2019, while Coronation Merchant Bank was recognised as the Best Investment Bank in Nigeria along with Barclays, VTB Capital and DBS Bank as the Best Investments Banks in Western Europe, Central & East Europe and Asia â€“ Pacific regions respectively. â€œInvestment banking plays a key role in moving the global

economy forward. Our awards highlight the investment banks that stand out in delivering quality insight and innovative deals that meet their clients rapidly changing needs,â€? publisher and editorial director of Global Finance, Joseph Giarraputo said. Commenting on the award, the Group Managing Director/ CEO of Coronation Merchant Bank, Abu Jimoh said: â€œWe are delighted to be recognised as the Best Investment Bank in Nigeria. â€œOur successes and achievements over the years is a reflection of the hard work and commitment of our staff, management and Board in ensuring we maintain our core values of integrity, in-

novation and excellence in service delivery.â€? He further stated that, â€œThis award affirms that we are on course to achieving our longterm goal of becoming Africaâ€™s premier investment bankâ€?. Coronation Merchant Bank is a Nigeria- based financial institution, founded in 2015 and offering a range of services to individual and institutional clients, including trade finance, treasury, investment banking and brokerage products. Coronation Merchant Bank is part of the Coronation group of companies, one of Africaâ€™ leading investment management groups offering asset management, merchant banking, risk transfer and digital distribution capabilities.

Phillips Consulting Partners American Firm Phillips Consulting (PCL), an innovator in instructor led and online training firm has announced its partnership with Human Capital Growth (HCG) to introduce evidence-based specialised and integrated Global HR Certifications in Nigeria. Being the US companyâ€™s first entry into the African market,

HCG courses highlight the best, up-to-date and most relevant training courses essential to all professionals and companies to meet expected goals and outcomes. â€œAs part of efforts to transform HR practice in Nigeria, Phillips Consulting is glad to announce a new partnership with HCG, a US-based talent

management giant. â€œUsing science, analytics and empathy, HCG will complement Phillips Consultingâ€™s effort to drive growth and excellence in Nigerian organisations. â€œThe partnership will provide evidence-based HR and talent management certifications to the Nigerian market,â€? a statement explained.

(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 Ă™Ă–Ă“Ă?ĂŁ Ă‹ĂžĂ? Ě‹ ÍŻÍąĎą

OPEC DAILY BASKET PRICE Ëœ ÍŻÍł Í°ÍŽÍŻÍˇ

The price of OPEC basket of fourteen crudes stood at $64.87 a barrel on Friday, compared with $64.28 the previous day, according to OPEC Secretariat calculations. The OPEC Reference Basket of Crudes (ORB) is made up of the following: Saharan Blend (Algeria), Girassol (Angola), Djeno (Congo), Oriente (Ecuador), ZaďŹ ro (Equatorial Guinea), Rabi Light (Gabon), Iran Heavy (Islamic Republic of Iran), Basra Light (Iraq), Kuwait Export (Kuwait), Es Sider (Libya), Bonny Light (Nigeria), Arab Light (Saudi Arabia), Murban (UAE) and Merey (Venezuela). SOURCE: OPEC headquarters, Vienna

T H I S D AY ˾ ͯͷ˜ Ͱͮͯͷ

MARKET NEWS

NSE Lifts Goldlink Insurance’sTrading Suspension Goddy Egene The Nigerian Stock Exchange (NSE) yesterday lifted the trading suspension placed on the shares of Goldlink Insurance Plc for not filing the company accounts in accordance with the post-listing requirements of the exchange. According to the NSE, “ pursuant to Rule 3.1, Rules for Filing of Accounts and Treatment of Default Filing, Rulebook of The Exchange , which provides

that if an issuer fails to file the relevant accounts by the expiration of the cure period, the exchange will: send to the issuer a second filing deficiency notification within two business days after the end of the cure period; suspend trading in the issuer’s securities and notify the Securities and Exchange Commission (SEC) and the market within 24 hours of the suspension, trading in the shares of the companies six companies

P R I C E S MAIN BOARD

F O R DEALS

have been suspended effective today, 8 October.” The exchange had explained that in accordance with the rules set forth above, the suspension of any company will only be lifted upon the submission of the relevant accounts and provided the exchange is satisfied that the accounts comply with all applicable rules of the exchange. In a notification to market operators yesterday, the NSE said Goldlink Insurance Plc

S E C U R I T I E S MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N )

has now filed its outstanding audited and interim financial statements to the exchange. “In view of the submission of the company’s accounts and pursuant to Rule 3.3 of the Default Filing Rules, which provides that the suspension of trading in the issuer’s securities shall be lifted upon submission of the relevant accounts provided the exchange is satisfied that the accounts comply with all applicable rules of the exchange.

T R A D E D MAIN BOARD

A S

The exchange shall thereafter also announce through the medium by which the public and the SEC was initially notified of the suspension, the general public is hereby notified that the suspension placed in the trading of the company’s shares was lifted on February 18, 2019,” the NSE said. Meanwhile, 37 stocks depreciated at the stock market as investors dumped shares. The NSE Share Index fell 1.61 per cent to close at 32,190.07, while

O F

market capitalisation shed N196 billion to close at N12.004 trillion. Transcorp Plc led the price losers with 9.9 per cent trailed by C & I Leasing Plc with 9.8 per cent. Livestock Feeds Plc and Wema Bank Plc went down by 9.7 per cent apiece. On the positive side, Presco Plc led the price gainers with 10 per cent, trailed by Beta Glass Plc with 9.2 per cent. CAP Plc and A.G Leventis Nigeria Plc added 6.9 per cent apiece.

0 4 / 0 2 / 2 0 1 9 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

T H I S D AY ˾ ˜ ͹΁˜ ͺ͸͹ͷ

MARKET NEWS

Nigerian Breweries Posts N324bn Revenue, N19.4bn Profit Goddy Egene The board of directors of Nigerian Breweries Plc has recommended that 100 per cent of the N19.401 billion profit after tax (PAT) recorded for the year ended December 31, 2018 be paid out as dividend to shareholders. The recommendation is contained in the company’s audited financial reports made available to the

Nigerian Stock Exchange (NSE) yesterday. According to the results, NB Plc’s PAT fell by 41.2 per cent from N33 billion in 2017 to N19.4 billion in 2018. However, in its characteristics of paying all earnings as dividend, the board has recommended that a total dividend of N2.43 per share for the year be paid. The company recorded a

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

revenue of N324.4 billion, down marginally from N344.5 billion in 2017, while exercise duty rose from N21.271 billion to N25.837 billion. Cost of sale reduced from N201 billion to N197 billion, bringing gross profit to N126.9 billion compared with N143.5 billion the previous year. Marketing and distribution expenses rose from N66.863

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 15Feb-2019, unless otherwise stated.

billion to N70.052 billion, while administrative expenses reduced from N21.748 billion to N20.785 billion. Similarly, Net finance cost fell to N7.529 billion compared with N10.491 billion in 2017. The company ended the year with profit before tax of N29.4 billion, down 36.9 per cent from N46.6 billion in 2017 and PAT of N19.4 billion as against N33 billion the previous year.

Based on the performance, the directors have recommended to the Company’s Shareholders at the annual general meeting(AGM) coming up on the 17th of May, 2019, the declaration of a total dividend of N19.4 billion, that is, N2.43 per share representing a hundred per cent dividend pay-out ratio. The company had earlier, in 2018, paid an interim dividend

of N4.8 billion which translated to N0.60k per share before the final dividend of N1.83 that will be N14.6 billion. In the statement signed by the Company Secretary/Legal Director, Uaboi Agbebaku, NB Plc said the 2018 results were adversely impacted by the increased excise duty rates that came into effect during the year and a challenging operating environment.

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 0.87 2.21% ACAP Income Funds 0.62 0.62 11.40% 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 13.28% AIICO Balanced Fund 2.28 2.31 2.68% 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 17.33 17.86 4.47% ARM Discovery Fund 369.18 380.31 3.52% ARM Ethical Fund 29.00 29.88 2.71% ARM Money Market Fund 1.00 1.00 13.49% 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 104.87 105.60 3.64% AXA Mansard Money Market Fund 1.00 1.00 12.92% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 14.06% Paramount Equity Fund 12.12 12.22 2.61% Women's Investment Fund 106.02 106.53 2.31% CORDROS ASSET MANAGEMENT LIMITED assetmgtteam@cordros.com Web: www.cordros.com, Tel: 019036947 Fund Name Bid Price Offer Price Yield / T-Rtn Cordros Money Market Fund 100.00 100.00 13.51% Cordros Milestone Fund 2023 100.06 100.48 Cordros Milestone Fund 2028 103.37 103.94 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A 100.00 100.00 12.45% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.99% 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 1,210.76 1,211.53 2.13% FBN Heritage Fund 146.54 147.88 2.18% FBN Money Market Fund 100.00 100.00 14.23% FBN Nigeria Eurobond (USD) Fund - Institutional 115.24 115.73 1.19% FBN Nigeria Eurobond (USD) Fund - Retail 115.19 115.69 1.39% FBN Nigeria Smart Beta Equity Fund 154.99 157.28 3.33% 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 1.24 1.26 1.76% Legacy Debt Fund 3.29 3.29 1.51% Legacy USD Bond Fund 1.04 1.04 0.56% 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 3,042.60 3,074.03 1.96% Coral Income Fund 2,804.04 2,804.04 2.38% 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 12.89% Nigeria Entertainment Fund 109.31 109.80 2.16% 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 13.41% Vantage Balanced Fund 2.19 2.22 2.01% Vantage Guaranteed Income Fund 1.00 1.00 16.06% Kedari Investment Fund (KIF) 122.70 122.93 -1.77%

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 1.66% Lotus Halal Fixed Income Fund 1,087.81 1,087.81 1.71% 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 11.96 12.04 3.88% Meristem Money Market Fund 10.00 10.00 12.40% 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 1.37 1.40 7.34% PACAM Fixed Income Fund 12.43 12.49 1.83% PACAM Money Market Fund 10.00 10.00 12.83% 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 121.90 122.45 0.96% 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 1.85% 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 2,377.94 2,392.72 4.93% Stanbic IBTC Bond Fund 192.41 192.41 2.51% Stanbic IBTC Ethical Fund 0.98 1.00 4.21% Stanbic IBTC Guaranteed Investment Fund 250.79 250.82 3.49% Stanbic IBTC Iman Fund 169.06 170.95 3.63% Stanbic IBTC Money Market Fund 100.00 100.00 13.30% Stanbic IBTC Nigerian Equity Fund 8,738.85 8,844.38 4.70% Stanbic IBTC Dollar Fund (USD) 1.12 1.12 3.48% 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 QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 11.42 11.58 7.39% Zenith Ethical Fund 12.54 12.67 4.09% Zenith Income Fund 20.94 20.94 8.65% Zenith Money Market Fund 1.00 1.00 12.09%

REITS NAV Per Share

Yield / T-Rtn

5.95 118.75 51.93

-39.35% 0.09% 0.03%

Bid Price

Offer Price

Yield / T-Rtn

10.98 119.48 93.42

11.08 122.06 95.18

4.05% 1.87% 5.37%

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

4.34 7.61 15.45 12.73 149.44

4.38 7.69 15.55 12.93 151.44

8.35% -0.19% 3.34% 2.93% 4.09%

NAV Per Share

Yield / T-Rtn

107.13

17.03%

INFRASTRUCTURE FUND Fund Name Chapel Hill Denham Nigeria Infrastructure Debt Fund

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

TUESDAY FEBRUARY 19, 2019 ˾ T H I S D AY

INTERNA TIONAL Seven UK Labour Party Lawmakers Dump Party, Slam Jeremy Corbyn’s Leadership Seven Members of Parliament (MPs) in the United Kingdom have resigned from the Labour Party in protest at Jeremy Corbyn’s approach to Brexit and anti-Semitism. The members who resigned are Chuka Umunna, Luciana Berger, Chris Leslie, Angela Smith, Mike Gapes, Gavin Shuker and Ann Coffey. The MPs said they are not launching a new political party, rather they will sit in Parliament as the Independent group and hope more members will join them. Chuka Umunna said they had “taken the first step” and urged other Labour MPs and members of other parties to join them in “building a new politics.” “Politics is broken, it doesn’t have to be this way. Let’s change it,” he said at a launch event in central London. “It is a painful but necessary decision,” he added. Berger said, “This morning we

have all now resigned from the Labour Party. This has been a very difficult, painful, but necessary decision. “We represent different parts of the country, we are of different backgrounds, we were born of different generations, but we all share the same values. “From today, we will all sit in Parliament as a new independent group of MPs.” Chris Leslie said Labour had been “hijacked” by the far left. According to Mike Gapes, “I am sickened that Labour is now perceived by many as a racist, anti-Semitic party. It is increasingly clear that prominent figures in the Corbyn Labour leadership do not want to stop Brexit,” he added. In a statement, the Labour Party leader, Jeremy Corbyn said: “I am disappointed that these MPs have felt unable to continue to work together for the Labour policies that inspired millions at the last election and

49 Countries Sign AfCFTA Deal At least 49 out of the 55 African Union (AU) member states have signed a Continental Free Trade Area (AfCFTA) agreement. The AfCFTA is designed to create a single continental market for goods and services, with free movement of business persons and investments and acceleration of the establishment of the Customs Union. It is also expected to expand intra-African trade through better harmonisation and coordination of trade liberalisation, facilitate instruments across the regional economic communities and across Africa, enhance industrial competitiveness and utilise opportunities for scale production, continental market access and better resource reallocation. It was presented for signature, along with the Kigali Declaration and the Protocol to the Treaty Establishing the African Economic Community relating to the free movement of persons in Kigali on March 17-21, last year. During this time, an action plan on boosting intra-Africa trade (BIAT), with seven priority action clusters: trade policy, trade facilitation, productive capacity, trade related infrastructure, trade finance, trade information and factor market integration, was also approved. Yet, only 12 countries have ratified it-Ghana, Kenya, Rwanda, Niger, Chad, Guinea, eSwatini, Uganda, Ivory Coast (Côte d’Ivoire) and most recently, South Africa, Mauritania and Republic of Congo – and an

additional six countries have received parliamentary approval for ratification – namely Sierra Leone, Mali, Namibia, Senegal, Togo and Djibouti. All ratifications (approved and deposited) now stand at 18. We have given this background to show the progress of ratification and according to AfCFTA agreement, 22 of the signatory states are needed for it to come into force. Once into force, it will be the largest in the world in terms of participating countries since the formation of the World Trade Organisation (WTO). It is also estimated to boost intra-African trade by 52.3 per cent by eliminating import duties and doubling trade if non-tariff barriers are also reduced. If all AU member states ratify AfCFTA, they will certainly broaden their national economic horizons and strengthen their regional groupings. We may say that, a new venture is studied first before it is implemented to avoid untoward eventualities and perhaps that is why only 12 AU member states have so far ratified it. Let’s give those countries that have not ratified AfCFTA more time to study and ratify it only when they are ready to do so. We shouldn’t rush to sign and ratify AfCFTA, but let’s first engage in soul-searching and only ratify it after we are sure of its benefits for both the African continent and national economies.

Brazil Dam Disaster Death Toll Rises to 169 The official death toll from a dam burst in the Brazilian town of Brumadinho rose to 169, authorities in the state of Minas Gerais said on Monday. A dam is a barrier that stops or restricts the flow of water or underground streams. Reservoirs created by dams not only suppress floods. It also provides water for activities such as irrigation, human consumption, industrial use,

aquaculture and navigability. In addition, 141 people have yet to be located. The dam, which held back mining byproducts, is owned by nickel and iron ore miner Vale SA. About 200 residents were evacuated from an area near another tailings dam operated by Vale on Saturday, amid fears that it was structurally weak and could also collapse.

saw us increase our vote by the largest share since 1945. “Labour won people over on a programme for the many not the few – redistributing wealth and

power, taking vital resources into public ownership, investing in every region and nation, and tackling climate change. “The Conservative government

is bungling Brexit, while Labour has set out a unifying and credible plan. “When millions are facing the misery of Universal Credit,

rising crime, homelessness, poverty, now more than ever is the time to bring people together to build a better future for all of us.”

UK, East and Southern Africa Sign Trade Deal Ahead of its March 29 exit from the European Union (EU), the United Kingdom has signed a deal with countries from East and Southern Africa to explore new and continue to trade with the region. The UK-Eastern and Southern Africa (ESA) Trade Continuity Agreement is meant to replicate the Economic Partnership Agreement that the East African Community is yet to sign with the European Union, due to disagreements among members on its viability. Yash Tandon, an academic, civil society activist and former executive director of the

South Centre, a Geneva-based intergovernmental think tank, said the ESA deal that the Theresa May administration has pushed is a “panic measure” as the clock ticks to March 29. The agreement is meant to ensure that trade between the UK and the African countries will not be disrupted by Brexit, and will allow the ESA signatories to continue duty-free, quota-free exports to Britain while they also reciprocate by lowering their tariffs on UK exports on a phased basis. UK Trade Minister George Hollingbery signed the UK-ESA agreement in London on January

31 with Mauritius, Seychelles, Comoros, Zimbabwe and Madagascar. Although EAC countries are not yet part of the UK-ESA deal, trade experts say that Britain is considering a special arrangement with Kenya, for which the EAC-EU agreement offers more benefits than for its peers in the bloc. The EPA Monitoring website said on February 4 that “some form of special arrangement is under consideration for Kenya.” The website says the move could be attributed to the complications facing Kenya in signing any trade agreement without the concurrence of its

fellow EAC Customs Union members — Uganda, Tanzania, Rwanda, Burundi and South Sudan — all of which are least developed countries. Apparently, the UK has previously committed to roll over the existing EU duty-free quota-free market access regime for LDCs as a unilaterally UKonly scheme, an arrangement that would lock out Kenya, which is categorised as a developing country. Critics argue that the UK singling out countries that are desperate to sign and leaving others out is a repetition of its divide-and-rule strategy.

$2bn Debt Scandal: Court Remands Mozambican Ex-president’s Son A Mozambique court remanded in custody on Monday the son of a former president, his lawyer said, following his arrest in a crackdown on a $2-billion government debt scandal. Ndambi Guebuza, the oldest of Armando Guebuza’s four children, was picked up from his home in the capital Maputo at the weekend. He was arrested in connection with government borrowing which plunged the country into its worst ever financial crisis.

Analysts say the scandal could hurt Guebuza’s party, the ruling Frelimo, at elections later this year. “The objective is to sacrifice the Guebuza family because of the elections,” said Ndambi Guebuza, according to his lawyer Alexandre Chivale. The lawyer added that his client was remanded in custody after the closed-door hearing in Maputo. Authorities last week arrested seven other suspects, including

businessmen and intelligence officials, in connection with the debt scandal. The scandal came to light in 2016, a year after ex-leader Guebuza left office following 10 years in power. It is alleged that while he was still in office, the government in Maputo took out loans amounting to $2 billion to buy a tuna-fishing fleet and surveillance ships, but hid the transaction from parliament and international donors. An independent audit found

that a quarter of the loan amount was diverted, and unaccounted for. When the debt was revealed, Mozambique — one of the world’s poorest countries which rely on donor aid — was plunged into crisis as donors froze contributions. The United States alleges at least $200 million was spent on bribes and kickbacks, including $12 million for former finance minister Manuel Chang, who allegedly signed off the debt.

TUESDAY FEBRUARY 19, 2019 ˾ T H I S D AY

NEWS

Directing Army to Kill Ballot Snatchers Unconstitutional, Ozekhome Tells Buhari Martins Iﬁjeh A constitutional lawyer and human rights activist, Mike Ozekhome has said that President Muhammadu Buhari’s directive to the military to kill ballot snatchers during the incoming general election was inflammatory and unconstitutional. In a statement made available to THISDAY yesterday, the Senior Advocate of Nigeria (SAN) said President Buhari was quoted to have said ‘’snatch a ballot box at the expense of your life,” a declaration the commander- inchief made in the presence of the military during a meeting with the All Progressives Party (APC) leadership. He said the president, in his never fading military mindset to utter the most inflammatory and unconstitutional statement, was usurping the powers of the Independent National Electoral Commission (INEC) and police, adding that the statement was not only outrageously unpresidential, but showed his extreme desperation and panicky mindset.

Ozekhome said: “For the records, it is the president’s own APC that has so far been involved, to the knowledge of the whole world, in bizarre acts of electoral malpractices during their primaries, leading to an implosively divided party of disparate and inchoate tendencies. “APC’s leading lights have so far preached terror, body bags, mayhem, strife, stoned their president and leaders, booed others, killed some in cold bloodshed, denied themselves tickets, and generally engaged in acts of gangsterism, hooliganism and shameless “agberoism”, quite unbecoming of a ruling party,” he said. He emphasised that presidents do not preach violence, nor engage in scare mongering as Buhari was currently doing at every turn and opportunity. He said presidents were known to be extremely cautious and restrained, even when others do not, adding that this was because a president was supposed to approximate the highest ideals, morals and nobility of the national psyche,

ethos and consciousness. “PMB (President Muhammadu Buhari) still doesn’t appear to realise that he is no longer in opposition as he was between 2003 and 2015. He readily forgets, in his brazen desperation to cling on to power at all costs, that he is now the president of the largest black democracy on earth, made up of about 200 million people. “Buhari must be told in clear and unmistakable terms that this is not 2015 when he got away with preaching bloodshed of bamboons being soaked in their own blood, an act that made gentleman Goodluck Jonathan voluntarily abdicate power as president. “The statement is grossly reckless, incendiary, provocative, bellicose, belligerent and wholly condemnable. He even literally read the riot act to INEC chairman and staff, threatening them with fire and brimstone, if they do not do his bidding. This is to strike fear in them, as he has done to the judiciary, National Assembly, the press and voices of the opposition and critics.”

APC Not Ready to Hand over Power, Okupe Alleges A former presidential spokesman and chieftain of the Peoples Democratic Party (PDP), Dr. Doyin Okupe, has alleged that the ruling All Progressives Congress (APC) is determined to hold on to power at all costs. Okupe made this statement yesterday in a programme monitored on Channels Television. Reacting to the midnight postponement of the elections earlier scheduled to hold on Saturday February 16, he said, “APC is very unrelenting in its pursuit of power. The government has the capacity to overuse the power of federal government. This government may not ordinarily want to concede defeat. But by the time of approaching the elections, a political underdog like Atiku Abubakar has overtaken the

king”. Okupe described Atiku as a beetle that cannot be killed by the federal government, owing to his widespread acceptance and continuously rising popularity among Nigerians. Okupe who is the Special Adviser on Media to Director General of Atiku Campaign Organisation, said he was in a position to know more than an average person having served in high positions of past governments. He, however, acknowledged that the latest postponement was informed by sabotage. He further said that INEC offices were burnt prior to the election, while planes carrying sensitive electoral materials were diverted. According to Okupe, “You have an organisation like INEC

with top people in top places serving different interests. We have read of a plane being diverted from Enugu to go and land in Port Harcourt. Where did such order come from? It is beyond the scope of an ordinary Nigerian to understand what really happened without a deep probe; we will just be wasting our time.” The PDP chieftain also said he refused to share the sentiments of some people that Adams Oshiomhole was acting at the INEC office with the show he put up. He added that the APC chairman may have been totally oblivious of what truly transpired because there are lots of power points and people in the current administration with strong influence on government and governance.

Court Reaffirms Order Stopping NICOM from Crippling Guinea Insurance Alex Enumah in Abuja Justice Inyang Ekwo of the Abuja Division of the Federal High Court yesterday held that his order of February 7 restraining the National Insurance Commission (NICOM) from taking steps that would undermine or negatively impact the operations or business of Guinea Insurance PLC subsists. Justice Ekwo reaffirmed the

order at during proceedings, when counsel to the plaintiff (Guinea Insurance), sought for further restraining orders against NICOM, whom he accused of making moves to grind the operations of the plaintiff. Guinea Insurance PLC had on February 6, 2019, in an exparte motion asked the Federal High Court to restrain NICOM from taking steps that would impede upon its operations and or

business venture. The plaintiff in the suit marked: FHC/ABJ/CS/151/2019, further asked the court to lift NICOM’s directive that suspended Guinea Insurance from writing new insurance business. In a short ruling, the Court granted the exparte motion, and suspended the purported suspension of Guinea Insurance by NICOM pending the hearing and determination of the substantive suit.

Kashamu Pledges to Uplift Ogun Sports Facilities Femi Ogbonnikan inAbeokuta The Ogun State governorship candidate of the Peoples Democratic Party (PDP), Senator Buruji Kashamu, has promised to fix the state sporting facilities if he emerges the next governor of the state.

Kashamu’s promise is contained in his policy document entitled: ‘Taking Ogun State to Greater Heights: Road Map to Progress’. According to a statement by the Kashamu/Abati Campaign Organisation, the governorship candidate said: “All our sporting facilities will be revitalised to

encourage sporting facilities among our youths. “Young people endowed in the areas of sports would be encouraged and supported.” Kashamu spoke of his commitment to facilitating and hosting of local, national and international sporting events.

5 ) * 4 % ": t TUESDAY, FEBRUARY 19, 2019

TUESDAY FEBRUARY 19, 2019 ˾ T H I S D AY

NEWSEXTRA

Buhari is Calling for War, Says Jolayemi Hamid Ayodeji A former Managing Director and Editor-in-Chief, Newswatch Newspapers, and a Coordinator for Friends of Atiku Professionals (FOAP), Moses Jolayemi, has called on the international community to be prepared to rescue Nigeria from an impending mayhem being instigated by the presidential candidate of the All Progressives Congress (APC), President Muhammadu Buhari. In a statement made available to journalists yesterday, Jolayemi called the attention of Nigerians, civil society organisations, religious leaders and the world at large to the televised part of the APC caucus meeting holding at its secretariat in Abuja where the President confirmed, among other things, his penchant for violence and mass killing. Buhari in warning people against causing any

disturbances during the elections said categorically that whoever engages in such act “will pay with their lives”. “This, to say the least, is scary and ominous of what the President and the APC plan to unleash on the Nigerian electorate if they are unable to pull through with their plans to rig the elections. “It is unexpected that a responsible leader would issue such a threat having revealed that he had already instructed security agencies to be ‘ruthless’ in dealing with those who work against the interest of the party. “He said those who think they are popular or strong in their localities and try to foment trouble during the elections will be doing “their last ignoble act” on earth. Buhari’s position was consistent with that of the chairman of his party, Mr. Adams Oshiomhole who said all those working against their

party’s interest would be put to shame”. Jolayemi argued that yesterday’s statements by APC’s leadership resonate very well with an earlier threat issued by the Governor of Kaduna State, Mallam Nasir El-Rufai that foreign nationals who interfere in Nigeria’s election would be killed and sent back to their countries as body bags.

“We strongly believe that the president has given the security agents, especially the trigger-happy elements free hands to shed the blood of Nigerians. What we expect of responsible leaders is that those caught disrupting the electoral process would be made to face the wrath of the law, not directing armed personnel of

government to open fire on their fellow citizens. This is another attempt by the President and his bunch of desperadoes who are currently at their wits end on how to save their sinking ship. It is clear even to toddlers that the Buhari-led government has failed woefully on all fronts and Nigerians are set to show them the way out

with their votes. The belief of most Nigerians is that the postponement of the elections was not without the knowledge and consent of the ruling party. What the party is trying to do is a face-saving gimmick to give an impression of neutrality and non-interference in the affairs of the Independent National Electoral Commission (INEC),” Jolayemi explained.

Kajuru Killings: El-Rufai Orders Arrest of Adara Leaders PDP guber candidate sues for peace John Shiklam in Kaduna The President of the Adara Development Association (ADA), Awema Dio Maisamari, alongside the treasurer of the association, Joseph Abdallah, have been arrested by the police in Kaduna State. This is coming as the governorship candidate of the Peoples Democratic Party (PDP) in the state, Hon. Isa Ashiru, has called on the people of the state to shun violence and embrace peace so that the state can make progress. Former President of ADA, Danladi Yarima, a lawyer, alleged yesterday that Maisamari was arrested on Saturday on the orders of the Kaduna State Governor, Mallam Nasir el-Rufai. Yarima said in an interview in Kaduna that the governor ordered the arrest of Maisamari who attended the Town Hall meeting, which held in Kasuwan Magani between the governor and religious and community leaders over the killings in Kajuru Local Government Area (LGA). “We were at the Town Hall meeting, which the governor held with community and religious leaders in Kasuwan Magani on Saturday over the killings in villages in Kajuru LGA last week. “Maisamari wanted to talk at the Town Hall meeting, then the governor said he will not talk. The governor ordered that he should be taken out of the hall and he was taken out by security personnel. From there, he was taken to Kaduna, ” Yarima said. Yarima who said he later joined Maisamari at the police command, added that the police accused Maisamari of abusing the governor in a press statement issued in December last year. “They said he abused the governor in a press statement he issued in December 2018 and that the press statement was not an official statement from the ADA. “The police said he issued the statement in his personal

capacity and asked him to produce any executive member of the association who can testify that the press statement was an official statement of the ADA,” Yarima added. Speaking further he said, Maisamari called Treasurer of the association, Joseph Abdallah, to testify. He said Abdallah told the police that even though he was not in town when the statement was issued, it reflected resolutions taken at a meeting of the association. Yarima said the duo were later taken to the Criminal Investigations Department (CID), where they were detained after they were asked to write statements. National Secretary of the association, Luka Godwin, condemned the arrest in a statement issued yesterday. The statement called for the immediate release of Maisamari and other Adara community leaders which according to the statement, were unjustly arrested. Efforts to reach Samuel Aruwan, spokesman of Governor el-Rufai and Yakubu Sabo, spokesman of the Kaduna State Police command to react to the issue proved abortive as they did not respond to phone calls and text messages. Meanwhile, the governorship candidate of the PDP in the state, Hon. Isa Ashiru has called on the people of the state to shun violence and embrace peace so that the state can make progress. He said the diversity which the Almighty God has endowed on the state, should be harnessed for the good of all citizens. In a statement he issued yesterday on the killings in communities in Kajuru LGA of the state, Ashiru described the incident as callousness and a descent to barbarism. “Our state is big, bountiful and rich enough to accommodate all of us; all we need to do is to continuously remind ourselves of the fact that resort to violence has never benefitted us as a people,” he said.

SIGNED AND SEALED...

L-R: Wife of Edo State Deputy Governor, Mrs. Maryann Shaibu; Edo State First Lady, Mrs. Betsy Obaseki; Speaker, State House of Assembly, Hon. Kabiru Adjoto; Governor Godwin Obaseki; and his deputy, Hon. Philip Shaibu, after the signing of the Violence Against Persons Law, by the governor, at Government House in Benin City...yesterday

Court Stops EFCC from Declaring Maina Wanted A Federal High Court sitting in Abuja has stopped the Economic and Financial Crimes Commission (EFCC) from declaring the chairman of defunct Pension Reform Task Team, Mr. Abdulrasheed Maina, wanted. In a judgment delivered yesterday, Justice Guwa Ogunbanjo, described the action of the anti-graft agency to declare Maina wanted as unlawful. Maina had in a suit filed on September 5, 2018, prayed

the court to determine whether the EFCC can lawfully exercise powers of declaring him as “wanted” on its official website or any other media platform, or by harassing him. In addition, the former pension boss sought an order of perpetual injunction to restrain the commission from further harassing him or declaring him wanted in relation to the particulars and subject matter of this suit. He prayed the court to order the EFCC, both jointly

or severally, its staff, agents, privies, representatives, and any other person or related affiliates under whatever name or guise, to forthwith stay clear and remove his picture, name, references, addresses, details and other particulars from the wanted list published on the EFCC official website or any other related platform where ever it may be. After counsels in the matter argued their briefs, Justice Ogunbanjo gave an order of perpetual injunction restraining

EFCC and its affiliates or related bodies from further declaring Maina ‘wanted” in relation to subject matter of the suit. He also ruled that the action of placing Maina as “wanted” was unlawful, as it was an infringement on his fundamental human rights. The judge said it was done without an order of a court of competent jurisdiction, as stipulated by section 41 and 42 of the Administration of Criminal Justice Act 2015.

Petrol to Sell for N140 from Tomorrow, Says IPMAN Ejiofor Alike The Independent Petroleum Marketers Association of Nigeria (IPMAN) has directed its members operating filling stations across the country to sell petrol for N140 per litre from February 20 to February 25, against the official pump price of N145 per litre. A statement issued by IPMAN’s National President,

Chinedu Okoronkwo, said the N5 reduction would motivate many Nigerians to travel to their respective destinations to cast their votes on, February 23. Part of the complaints by Nigerians following the postponement of last Saturday’s election from February 16 to February 25, was that they incurred huge costs by travelling to various

places to vote, and would have to travel again this Saturday. “IPMAN was prompted to slash N5 from the N145 per litre official petrol pump price in a bid to motivate Nigerians to return to vote again on February 23. We urge all our members across Nigeria to immediately reduce the fuel pump price from N145 per litre to N140 per litre. “This is because of the

political situation that hit the country after INEC suddenly announced the postponement of presidential and National Assembly elections after Nigerians were fully prepared. We are all aware how Nigerians travelled to different parts of the country in order to exercise their civic duty; unfortunately, they heard sad news of postponement of the polls.

APC Caucus Meeting Ploy to Sack INEC Chairman, Opposition Parties Allege Udora Orizu in Abuja The Coalition of United Political Parties (CUPP) has described yesterday’s meeting of the All Progressives Congress (APC) a plot to formalise an alleged planned bloody commotion, give room for writing of fake results, sack the Chairman of the Independent National

Electoral Commission (INEC) and fine-tune processes for the emergence of an interim government. CUPP spokesperson, Ikenga Imo Ugochinyere, who issued a press statement in Abuja, alleged that President Muhammadu Buhari was working towards establishing an interim government. According to him, “events in

the last few days have again vindicated us and for the first time in Nigeria’s history a sitting government deliberately scuttled the holding of elections by sabotaging the processes. The move to sack the INEC Chairman for standing by the people and not succumbing to Presidency pressure to conduct staggered presidential elections is what has irked the APC

the most.” “The ranting of the APC chairman in calling for the head of the INEC leadership speaks volumes when it is obvious and as irrefutable facts have shown that the government was responsible for the sabotage, which INEC suffered and which eventually led to the postponement of the elections,” CUPP said.

͹΁˜ ͺ͸͹΁ ˾ T H I S D AY

TUESDAYSPORTS

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

Lakowe Agog as Eko Challenge Cup Tees off on African Tour Olawale Ajimotokan

The first event on the African Tour- Eko Challenge Cupwill tee off today at Lakowe Lakes Golf Estate, Lagos with a field of 40 players. Eighteen players led by Emos Korblah secured their tour cards at the qualifying tournament held yesterday in Lagos. They will now join the six players that made the cut in Abuja at the first qualifying

school in December 2018. Korblah shot 4 under par 68, while C. Ambe was two off the pace for second place. The players will be scheming to eclipse Mohammed Safuyanu Muazu, who held off Vincent Torgah to win the tournament. The President of the African Tour, Emeka Okatta, said the Tour will feature players from Ghana, Cameroon, Equatorial Guinea, Gabon, Zambia, Zimbabwe, Nigeria, Spain

and Germany. He said the first season of the African Tour will build on the achievements of the West African Golf Tour and offer the players more opportunities, incorporating new tournaments and new venues to the 2019 schedule.

A total of 16 tournaments will be staged in eight golf courses across Nigeria with the total prize purse of $475,000 to be shared. “We are committed to grow the game of golf in Africa and offer professional players a platform to showcase their

talent, “ said Okatta. In addition, the African Tour also intends to give women opportunity to play in all tournaments with men and compete for the same purse. “This shall not be the only innovation by the African Tour, new formats

are incorporated to the 2019 schedule such as the Shootout golf tournament and the African Cup Championship. There will also be new host venues in addition to the existing ones, including Sagamu and Abeokuta Golf Clubs “.

Race for Eunisell Boot Gathers Steam as NPFL Enters Match-day 10 The race for the 2018/19 Eunisell Boot Award is gathering momentum as the Nigeria Professional Football League (NPFL) enters Match-day 10 tomorrow. Instituted by Eunisell in 2018, it celebrates the highest goal scorer in the NPFL. Nigerian International and 2014 League Bloggers Award Top Scorer and Player of the Season, Mfon Udoh, announced his readiness to rewrite history as he scored on the road at Abia Warriors to move ahead of the pack on five goals. Incidentally, Udoh, who returned to Akwa United, is the first player to score twice on the road this term with his previous strike at Yobe Desert Stars. Following Udoh are the

duo of Sunshine Stars’ Fuad Ekelojuoti and teammate, Ndifreke Effiong on four goals. Gombe United’s Musa Usman is also on four goals as he seeks for a place amongst the history makers. Like Usman, Kabir Adetunji of Lagos side, MFM, is one of the debutants in the Eunisell Boot goal race with three goals. Adeniji is the only stranger in the race with three goals which has six other big names. Eunisell values each goal scored by highest goal scorer at N200,000 and the number of goals scored determines the financial reward for the eventual winner. The Highest Goal Scorer will be decorated at a glamorous event hosted by Eunisell at the end of the season.

Ehirim Calls for Collective Action to Revive Tennis in Nigeria A one time top tennis player in the country, Nnamdi Ehirim has called on stakeholders in Nigeria’s tennis to come together and chart a new course for the rebirth of the game. Ehirim who grew up as a budding tennis star to see the likes of Nduka Odizor, David Imonite, Yakubu Suleiman, Sadiq Abdullahi take the international tennis scene by storm wondered why the game has gone down so drastically in Nigeria that the country could hardly win a continental tournament at the senior level. Speaking from his US base at the weekend, Ehirim who organised a week-long tennis clinic for both junior and senior tennis players in Enugu last December said the task to revive the dwindling fortunes of the sport in the country should be a collective affair. “It is beyond an individual,” Ehirim, who is a tennis coach at the Centercourt Club and Sport in the USA said, adding, “the problem calls for collective effort. Everybody has to rally round and contribute his quota to the common cause. It is possible.” The former tennis whiz-kid who rose to represent Nigeria in the Davis Cup bought

tennis rackets and balls for kid tennis players who used them during the programme in December. He decried the high cost of tennis equipment in the country and observed that it had become harder for players to buy such equipment. “It has become an imperative that these young players need help. There are no tournaments, no sponsorship of any kind. How do they survive?” he asked, adding, “the situation calls for those that have anything to do with tennis to pull resources together in order to save the sport from extinction in the country.” To overcome the near hopeless situation, Ehirim is suggesting that big companies in Nigeria be made to contribute a fraction of their profits to a special fund that would be used to purchase tennis equipment for distribution to state tennis associations.

TODAY’S FIXTURES Liverpool v B’Munich Lyon v Barcelona

WEDNESDAY Atletico v Juventus Schalke 04 v Man City

UNITED IN VICTORY…

Paul Pogba scored one and set up another for Ander Herrera as Manchester United defeated holder Chelsea 2-0 to advance to the Quarter finals of the English FA Cup last night.

Man Utd Knocks out Holder Chelsea, Draws Wolves in Q’ﬁnal Manchester United last night cruised past Chelsea into the FA Cup quarter-finals to plunge Blues boss Maurizio Sarri’s reign even deeper into crisis as he felt the full fury of the club’s frustrated fans. United’s reward for beating Chelsea in Monday’s final fifth-round tie is an FA Cup quarter-final trip to Wolves. United delivered the perfect response to their first defeat under Ole Gunnar Solskjaer -

against Paris St-Germain in the Champions League - to set up a last-eight tie against Wolves. Ander Herrera converted Paul Pogba’s perfect cross to give United a 31st-minute lead, and Pogba doubled the advantage right on half-time when he dived to head Marcus Rashford’s delivery past Kepa Arrizabalaga, who should have done better. As Chelsea slumped tamely to another damaging defeat,

their fans turned on Sarri. They jeered his substitutions, mocked his ‘Sarri-ball’ philosophy, demanded the return of Frank Lampard as manager, and joined United’s fans in chants of “You’re getting sacked in the morning”. Solskjaer had no such problems as he took the loud acclaim of United’s supporters after adding another impressive victory to his collection, despite the absence of the injured Jesse

Lingard and Anthony Martial. In the other fixtures drawn last night, Premier League champions Manchester City are away to Championship side Swansea City, with another second-tier side Millwall at home to Brighton. Watford host Crystal Palace in the other last-eight tie. The quarter-final games will be played from 15-18 March, with winning clubs receiving £720,000 in prize money.

CHAMPIONS LEAGUE

Lyon Hopes to Limit Messi’s Inﬂuence Tonight Olympique Lyonnais will be out to ‘reduce’ the influence of Lionel Messi when they host Barcelona in their Champions League last-16 first leg without their talisman and captain Nabil Fekir tonight. Fekir will be suspended for the game, limiting Lyon’s striking power as Bruno Genesio’s side will rely on defender Ferland Mendy to contain Argentine forward Messi and French striker Ousmane Dembele.

“Nabil Fekir is our captain and technical leader. We will have to do more to compensate for his absence,” Genesio told reporters yesterday. “We will have to reduce Messi’s influence.” Despite Messi having scored more than 100 times in the Champions League, Lyon midfielder Houssem Aouar has confidence in his teammate Mendy to control proceedings at

the Groupama Stadium. “I think that Ferland Mendy is ready to face Messi,” he said. “We are confident in the qualities of our squad.” Aouar’s enthusiasm may yet be dented as Lyon are also sweating on the fitness of defender Jason Denayer and midfielder Tanguy Ndombele. The French side geared up for Tuesday’s clash with a hardfought 2-1 Ligue 1 win against

Guingamp on Friday while Barca needed a Messi penalty to beat Real Valladolid 1-0 in La Liga on Saturday. Lyon are the clear underdogs but they have already shown they can rise up to the big occasions, inflicting Paris St Germain’s only Ligue 1 defeat of the season a couple of weeks ago. They also beat English champions Manchester City in the Champions League group stage in September.

Kanu Laments Ajax’s Loss to Real Madrid in Amsterdam Former Super Eagles captain, Nwankwo Kanu has admitted he was sad to see one of his former clubs, Ajax Amsterdam of Holland lose at home against Real Madrid of Spain in the UEFA Champions League last Wednesday. Although on current form, Los Blancos are rated way above Ajax, as the first and only club to win back-to-back UCL titles,

‘Papilo’ is reflecting on the Dutch club’s past glory. Kanu recalled how he was part of the historic Ajax team that stopped Real Madrid en route to winning the European title back in 1995. Led by Orange tactical legend, Louis Van Gaal, Kanu et al romped to the final and dispatched then defending champions, AC Milan, with

Patrick Kluivert hitting target with five minutes of regulation time left to play. With Kanu and fellow-Eagles star, George Finidi (Finito) in their squad, Ajax were untouchable, advancing through each round without losing a game, then stunned ‘mighty’ Milan. Milan were fresh from destroying Johan Cruyff’s Barcelona, not once, but thrice:

home, away, and on neutral ground, leaving no one in doubt about Ajax’s superiority; such that Kanu cannot do but wonder. The two-time African Footballer of The Year (1996 and 1999) added that he felt great to be part of the legendary Ajax squad that ruled Europe, and wondered why club has struggled to regain their lost glory.

Tuesday February 19, 2019

UT H

& RE A S O

Price: N250

MISSILE Minister to INEC Chairman “INEC should say something else as weather was good for flight operations on the eve of elections. Similarly all airports were directed to open 24 hours during the election period.” – Minister of State for Aviation, Senator Hadi Sirika, accusing the Chairman of INEC, Prof. Mahmood Yakubu, of lying that weather was part of the reasons for the postponement of the elections

TUESDAY WITH REUBENABATI abati1990@gmail.com

INEC: The Election Postponement Challenge

rdinarily, the postponement by a week of Nigeria’s 2019 general election should not have generated as much outrage as it has done, but the protest that the postponement has attracted is positive proof of the fact that the Nigerian electorate do not trust the Independent National Electoral Commission (INEC). In 2011, the country’s elections were postponed even after voting had started. In 2015, the elections were postponed for six weeks on security grounds. The explanation that has now been given in 2019 about “logistical problems” should have been sufficient, but Nigerians are unimpressed because they have learnt not to trust the present INEC or the ruling government, hence the default response has been a series of speculative, yet unverifiable theories about what may be the actual story behind the postponement. Speaking for myself, I am willing to give INEC the benefit of the doubt, but what I find curious is the timing of the postponement, the management of the fall-outs, and the too many unanswered questions still hanging in the air. INEC needs to make more disclosures. The election was postponed Nicodemously in the middle of the night, while most Nigerians were asleep. The people had gone to bed hoping to troop out in the morning to use their voters’ cards to determine the future of Nigeria in the next four years, only to wake up in the morning to be told that their dream had been stolen while they slept. That certainly is suspicious. Legitimate questions have been raised and INEC has not yet offered satisfactory answers: At what point did it occur to INEC and its leadership that there were challenges of logistics? At 8p.m. on February 15? At 1a.m. on February 16? Was there a meeting to determine the best course of action and at what time did that meeting take place after Nigerians had gone to bed? Was there at any point a meeting of all relevant stakeholders before the decision to postpone the election was taken? Who took the decision on behalf of Nigerians and all stakeholders? Or was it a unilateral decision? If so, should only one person take such a weighty decision which has economic, social, and political implications not to talk of implications for the country’s image? INEC has since the postponement met with party leaders and election monitors and observers. We can label this without prejudice as an insulting afterthought! Who will defray the additional cost that is now being incurred by international monitors and observers? Who will compensate political parties and candidates for the cost of preparation for election day? How about the people who travelled from one part of the country to the other to vote? How about the intending brides and bridegrooms who had fixed their weddings for February 23 and March 9, but who would now have to shift the dates and print new invitation cards? In the explanation offered by INEC, there was some reference to the “weather”. When I got to that line, I was afraid that the author of the press release would soon end up blaming God for the postponement, but well, INEC

Yakubu

didn’t – at least not yet! But the explanations are obviously unsatisfactory, given how INEC had consistently assured the Nigerian people and the international community that it was ready and prepared. If the postponement was inevitable, it would have certainly been foreseeable, and it could have been announced a few days earlier. Indeed, a few days to February 16, Professor Yakubu was still on television swearing that the dates for the election were sacrosanct. Was he deliberately lying to Nigerians when he said that? The Nigerian Airspace Management Agency (NAMA) has for record purposes, pointedly accused the INEC Chairman of lying about the weather. NAMA insists that there was no disruption in air traffic services as claimed by Professor Yakubu. What I see is that the postponement has achieved only four things and you can interpret each item positively or negatively depending on your inclination. One: it has deepened the Nigerian electorate’s suspicion, mistrust, angst and disappointment regarding what they consider to be the lack of independence of both INEC and other institutions involved in the management of the current electoral process. The people are convinced that there is something fishy about the postponement. INEC under Professor Mahmud Yakubu’s watch may have conducted over 1,000 elections, but the verdict out there is that the present INEC has not advertised enough capacity, hence the people have been talking about the “Osun Template” and a certain unproven intervention by the United States and other countries of the world, or a local plan to derail the elections and a scheme to put in place an Interim National Government. What we hear is that the ruling APC actually wanted a staggered election or a series of inconclusive elections to enable it control the outcome of the 2019 polls, or at best remain in power by all means. Two: Before February 16, there was so much tension in the air, passion as well, and what looked like very serious determination on the part of the voting population to participate in the 2019 general election. This reading may be contradicted by the number of voters cards that remain uncollected, but what I have seen is that those who had their cards and who were ready to vote

were ready to troop out on election day. The last time I witnessed such passion was during Nigeria’s 1993 general election. The people wanted to vote out the military and its agents, and they meant business. The postponement of the scheduled February 16 election has brought down the level of tension in the country. It has poured cold water on the people’s passion. It is too early to confirm whether or not this will affect the turn-out nationwide on Saturday, February 23, but what we hear on the streets is that the people are insisting that no kind of manouevre will prevent them from having a say with their votes. Three: by that token, INEC may have inadvertently set the people against the government of the day. What was meant to be a normal process has been turned, more or less into a referendum on the Buhari government. The people are not blaming Professor Mahmoud Yakubu. They don’t even know him: he has not yet attained that level of importance. The man they blame is President Muhammadu Buhari and the APC. Which is why I think the APC has played very clever politics by immediately distancing itself from INEC and the postponement. The witches in APC have mastered the game of not allowing their mouths to be publicly smeared with blood. They have chosen the best strategy in the circumstance, and I applaud them for that. Four: the postponement has further deepened the suspicion of the international community. It has put Nigeria on the spot. No one should be surprised that the international media is already analysing and over-analyzing what is going on in Nigeria. And who is going to help the present government manage the perception problem that has arisen, especially when President Buhari tells CNN: “Nobody will unseat me!” Is he or the APC, in a position to pre-determine the outcome of this election? The sum of it is that INEC is at the crossroads. Nowhere is the job of an electoral umpire easy. It is more challenging in Nigeria because you have to serve man and God, especially as the enabling factors do not stop with the right of the people to vote and choose but a panoply of other factors including religion, ethnicity, money, violence, incumbency, traditional institutions, the occult, and political mischief. Nonetheless, not much rigorous thinking went into the postponement of the scheduled February 16 election. INEC could have told us for example that it wanted to use the opportunity to bring more people into the voting bracket by declaring 3 more days for the collection of voters cards, or some other kind of sop. Instead, INEC placed its credibility on the line. It confirmed earlier suspicions that there was an original plan to postpone the election. It played into the hands of the skeptics. The challenge before Nigeria’s INEC as I see it, is how to now project itself as a credible and reliable electoral umpire. It can do that by disappointing all doubting Thomases and run a free, fair and credible election on February 23 and March 9. It is expected that INEC would use the one-week postponement to

address all issues of logistics, and ensure that nothing goes wrong. I mentioned Professor Mahmud Yakubu earlier. He certainly should not allow himself to end up as a fall guy. He must do what is right. He and his team must make sure that no election anywhere in Nigeria is declared inconclusive! Yakubu’s INEC has unfortunately acquired a reputation for declaring elections “inconclusive.” Nigerians are tired of such declarations. It is one word nobody wants to hear. The general public opinion is that when any election is declared inconclusive, it is a ploy to rig and manipulate the result. The time available is short, emotions are strong, the Nigerian public is politically divided, INEC has an urgent task to reassure Nigerians that it is sincere and that there is no hidden agenda. Any attempt to stagger the elections or postpone the elections further, will amount to a violation of the will of the people. Politics matters. Yes. It is probably the most important factor that defines our lives. But the country matters more. As Nigeria goes to the polls, the country must come first – every one seeking a job in government must realise that it is only when there is a country that they can get the job they seek. Letters of application are already before the people of Nigeria: the people in whom resides the sovereignty of Nigeria must be allowed to decide. INEC must be ready to address all issues arising from the postponement of the 2019 general election. It needs be reminded, as I close this piece that all of this began with its mismanagement of previous elections, particularly in Osun and Ekiti States, and its predilection to declare elections “inconclusive.” The controversy over the presence of an alleged relative of President Buhari in one of the most strategic positions in INEC has also not helped matters. The burning of INEC offices along geo-political lines in areas of strength of the opposition only further worsened things. And is it true that a major supplier of election materials is also a candidate in this election? Could it also be true that elections were actually held in some parts of the country on February 16 because INEC could not reach all its officials and units before the scheduled commencement of elections? And finally, is the postponement in conformity with Section 26 of the Electoral Act and Section 105 of the 1999 Constitution? If truly it is not, then we are yet to get to the end of this postponement cinema in the light of both Section 105(2) of the Constitution and Section 26(5) of the Electoral Act. And did I hear right as I penned the last paragraphs of this commentary that President Buhari at an APC caucus meeting in Abuja announced that the security agencies have been instructed to ensure that anyone who snatches a ballot box on election day does so “at the expense of his life.” Where is the law in Nigeria that allows the president of the country to so publicly endorse extra-judicial killing and official violence? One last thing: The international community is watching. Other world leaders expect President Buhari to provide the leadership that is urgently required at this critical moment in Nigeria.

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