TUESDAY 26TH FEBRUARY 2019 by THISDAY Newspapers Ltd

CSOs Situation Room Knocks INEC, Security Agencies over Polls Puts death toll at 39 International observers seek quicker release of results Bemoan electoral violence Onyebuchi Ezigbo, Shola Oyeyipo, Alex Enumah, Olawale Ajimotokan and Udora Orizu in Abuja The Nigeria Civil Society

Situation Room has expressed disappointment at what it described as poor showing by the Independent National Electoral Commission (INEC) and the various security

agencies during last Saturday's presidential and National Assembly elections. The body, which said it received field reports from more than 8,000 of its deployed

observers and networks, across the country, regretted that despite expectations that the presidential poll would be better organised after the initial postponement,

the exercise was marred by serious lapses on the part of the electoral umpire and security agents. Giving an update on the casualty figures recorded

during the polls due to election-related violence, the Nigeria Civil Society Situation Room stated that no fewer Continued on page 6

Nigerian Equities Market Rebounds after Presidential Election... Page 8 Tuesday 26 February, 2019 Vol 24. No 8724. Price: N250

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Claiming Democracy Under Threat, PDP Rejects Results as Atiku Trails Buhari APC: Your position is premature Buhari wins seven states, Atiku picks four others, FCT President returns to Abuja, says I will wait for announcement of results by INEC Iyobosa Uwugiaren, Omololu Ogunmade and Shola Oyeyipo in Abuja The Peoples Democratic Party (PDP) yesterday alerted the world that Nigeria’s democracy was under serious threat and rejected the results of last Saturday’s presidential and the National Assembly elections being announced by the Independent National Electoral Commission (INEC).

The PDP National Chairman, Prince Uche Secondus, made the declaration against the background of alleged collaboration between the electoral body and the ruling All Progressives Congress (APC) to change the original results from some polling units in order to diminish the lead his party has recorded in some parts of the country. Continued on page 6

More Heavyweights Fall in Senatorial Race

23 senators fail re-election bid, 21 others victorious

Deji Elumoye in Abuja

As the National Assembly resumes plenary today after a one month break, no fewer than 23 out of the 66 senators that sought re-election in last Saturday's rescheduled National Assembly poll lost at the poll going by the

results released so far by the Independent National Electoral Commission (INEC). Out of the 109-member Senate, 66 Senators won their parties’ tickets last October to contest with 33 others failing in their re-election bid, while Continued on page 8

Moody’s: Rising Foreign-currency Deposits will Ease Pressure on Banks... Page 8

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GOING BACK TO BASE... Katsina State Governor, Alhaji Aminu Masari (left), and President Muhammadu Buhari, during the president’s departure from Yar’Adua Airport, Katsina to Abuja… yesterday godwin omoigui

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TUESDAY, ͺ;˜ ͺ͸͹΁ ˾ T H I S D AY

PAGE SIX CLAIMING DEMOCRACY UNDER THREAT, PDP RE JECTS RESULTS AS ATIKU TRAILS BUHARI The party’s position was made known shortly after INEC National Chairman, Prof. Mahmood Yakubu, began to announce the official results of the presidential election in Abuja. The results announced so far saw the PDP’s Alhaji Atiku Abubakar trailing President Muhammadu Buhari, the candidate of the APC. At press time, Buhari had won seven of the 11 states and FCT declared by INEC. He won in Kwara, Kogi, Nasarawa, Gombe, Ekiti, Osun and Yobe States. Atiku picked up majority votes in Abia, Ondo, Enugu and Ebonyi States as well as FCT. But as unofficial results emerged in the remaining 25 states, indicating a loss for Atiku, the PDP complained yesterday, saying it would not accept the results. At the end of proceedings this morning, Buhari had polled 2,976,721 votes to Atiku’s 2,686,616, leaving a 290,105 margin of win in favour of the president. The collation of results from the remaining 25 states, according to Yakubu, would continue this morning. Secondus, who read from a prepared text titled: “Our Democracy is Under Threat,” said the PDP is forced to take a stand and make the pronouncements it made at this crucial point because “Nigeria’s democracy is under threat of derailment.” He said: “Our collation centers have all original results from every polling unit, in every ward, in every local government area (LGA) in Nigeria, of which the international community is well aware, implying all results currently being announced by the Independent National Electoral Commission (INEC) is incorrect, thus unacceptable to our party and people. “Secondly, officials of both President Buhari’s government and the All Progressives Congress (APC), working with INEC officers, have tried to alter the course of

history and disenfranchise our people through the cancellation and manipulation of figures for results already announced at polling units, nationwide, in Local Government Areas (LGAs) where our party, the PDP, had commanding votes; this must now be resisted by every well-meaning Nigerian. “Thirdly, the ruling party’s strategy has indeed been murderous, undignified, and disrespectful of the wishes of the electorate, our people and the international community, who have been in solidarity with our nation as we attempt to strengthen our democracy and its institutions.” “Fourthly, the main opposition party said in full view of the watching world, and despite efforts by PDP and its agents to adhere to every laid down provision for the 2019 general elections, the APC in collusion with INEC have taken aggressive steps, mostly through inducements, manipulation and incarcerations, using the elements of state power, including the Nigeria Police Force, the Nigerian Army in particular, alongside other organizations, including the Department of State Security (DSS) and Economic and Financial Crimes Commission (EFCC) to silence the voices of the long suffering people.” Describing this as disheartening, it added that considering the terms of the Peace Accord, which called for impartiality and non-partisanship by members of the security organizations with constitutional roles to play during this civic exercise, the security agencies did otherwise. PDP said that as results trickled in on Sunday, it clearly put the PDP in the lead, which forced the ruling party and President Buhari to dispatch high-ranking officials to coercively influence outcomes in different geopolitical zones in the country. The party alleged: “For example: The Minister of the Interior, was dispatched to the North-west of

the country, the Secretary of the Government of the Federation (SGF) was dispatched to the North-east of the country; while the Attorney General of the Federation (AGF) and Minister for Justice were dispatched to the South-east and South-south regions. “With the INEC IT server hacked by agents of the APC to manipulate results, we can with certainty state that results from the following polling units have, for example, been tampered with: Sarkin Dawaki ward in Doma LGA – Nassarawa State; Doka ward in Doma LGA – Nassarawa State; Agyaragin – Tofa ward and 10,000 illegal votes allegedly added to already announced results in Wurno LGA in Sokoto State.” The PDP chairman noted that the party’s complaint is only restricted to areas where it had already identified sharp practices, promising to continually update Nigerians on development through the media. It stated that the violent and destructive attacks meted out to officials while counting at Lafia Street and police barracks polling units had negatively impacted and militarised the process. According to Secondus, “As if these provocations are not enough, our agents and officials are constantly arrested and in many cases locked-up for complaining that card readers were not in use in many Northern states, implying that all results from the Northern part of the country where card readers were not used should be voided in accordance with INEC guidelines.” On the arrest of Mr. Buba Galadima, who he said had been a great symbol of what is courageous about their people, he said it goes to show that “one man’s ambition is greater than our collective good, and most probably worth the blood of all Nigerians.” He demanded for Galadima’s immediate and unconditional

release, as well as that of all officials and agents of the PDP, in the South-west, who were mostly arrested on the eve of the elections. “Despite these provocations, intimidation and attempts to hijack our democracy and change the course of history, I must, in fact, convey to our good people the fact that the PDP is on course to victory and the Presidency. “Therefore, remain resolute and steadfast, because our party shares in your uncertainty and suffering, which must decisively come to a good end for us all,” Secondus noted. While appealing to the leadership of INEC to remain impartial and not become willing agents to disenfranchise the people and derail the nation’s democracy, because the world is watching, and history will indeed pass judgment, he said to the international community that “we welcome your support for our democracy and extend our gratitude with great hope for our democracy.”

APC: Your Position is Premature Responding swiftly last night, the Director of Strategic Communications of the APC Presidential Campaign Council, Mr. Festus Keyamo SAN, said the PDP’s reaction was premature and urged it to await the full results to be announced by INEC. Praising INEC, he said: “Overall and from reports received in the Situation Room of the Election Planning and Monitoring Directorate of the All Progressives Congress from across our country, at this point it is safe to conclude that the Independent National Electoral Commission (INEC) has done a good job despite the challenges and the delays experienced in some cases. With over 84 million Permanent Voters Cards (71 million collected), mobilising the citizenry to exercise their democratic right to vote has been a massive undertaking but, thankfully, it was

conducted largely peacefully and on schedule.” The APC campaign council said despite the “unjustifiable” stance of the PDP, it is confident “the results by INEC are free and fair.” “Our elections have progressed over the years and we ask that the PDP do not derail us to the dark past with its childish antics,” he added. “The announcements by INEC which has gotten underway will be concluded in due course. Let us all be patient and let this credible process take its course.”

President Returns to Abuja, Says I will Wait for Announcement of Results by INEC Meanwhile the president yesterday afternoon returned to Abuja from his Daura country home, 48 hours after the conduct of the presidential election. Buhari, who arrived Abuja before 12 noon, told journalists that he would not be bothered by rumours on the results of last Saturday's presidential election, saying he would rather wait for the final announcement of results by the Independent National Electoral Commission (INEC). "I don't want to depend on rumours, but we will rather wait for INEC to announce the results," he said. Asked about his message to Nigerians this season, Buhari said he expected citizens to appreciate that the federal government provided them with security and peaceful atmosphere to cast their votes. "Well, l hope that Nigerians will appreciate that it was this government which made sure that they were allowed in security and peace to cast their votes for whichever party and candidates they wanted," he added

2 0 1 9 P R E S I D E N T I A L R E S U LT S

STATES ABIA EBONYI EKITI ENUGU GOMBE KOGI KWARA NASARAWA ONDO OSUN YOBE FCT TOTAL

APC PDP WINNERS 85, 058 219, 698 PDP 90, 726 258,573 PDP 219, 231 154, 032 APC 54, 423 355, 553 PDP 402, 961 134, 484 APC 285, 894 218, 207 APC 308, 984 138, 184 APC 289, 903 283, 847 APC 241, 769 275, 901 PDP 347, 634 337, 377 APC 497, 914 50, 763 APC 152, 224 259, 997 PDP 2,976,721 2,686,616 APC

CSOS SITUATION ROOM KNOCKS INEC, SECURITY AGENCIES OVER POLLS than 39 Nigerians lost their lives in the last 48 hours of the elections. The breakdown of the dead are: Borno State– four; Bayelsa State - four; Rivers State - 16, Yobe State- two; Kogi StateTwo; Ebonyi – Two, Lagos – One; Oyo- One; Delta- Two; Zamfara – One and Taraba State- Four. In Lagos State, it said there were reports of disruption of voting by suspected political thugs, who shot in the air in some places and set ballot boxes and papers on fire in places like Okota, Isolo and Oshodi suburbs of Lagos. The Situation Room also said that it had documented cases of 260 politically motivated deaths from the beginning of political campaigns in October 2018 to February 23, 2019. While presenting its report to journalists in Abuja on Monday, the Executive Director, Policy & Legal Advocacy Centre and Convener, Nigeria Civil Society Situation Room, Mr. Clement Nwankwo, said that apart from delays in the commencement of voting in some places, there were reports of serious lapses concerning the conduct of some INEC officials and security agencies. He said the delay in commencement of polls was especially pronounced in some states across the South-east and South-south geopolitical zones of Nigeria, adding that there were even reports of polling commencing at 4pm in some areas such as PU 001, Ward 5, Methodist Boys High School, Oron, Akwa Ibom State. It said: "Situation Room is,

however, disappointed by the serious lapses observed with the conduct of the presidential and National Assembly elections held on Saturday 23 February 2019. Despite the elections being conducted against a background of an earlier postponement on February 16, 2019, on grounds of logistics challenges, it still suffered from major logistic lapses. "Additionally, the election was marred by violence, security lapses and instances of overreach. Other challenges include compromised INEC officials as well as partisan security operatives. Conduct of major political parties was disappointing." The Situation Room noted that despite the police’s stated preparedness with deployment and adequacy of security, there were shortfalls and gaps, with the attendant implications for election security. It, however, singled out members of the National Youth Service Corp as among the shinning lights during the elections, saying that they were exemplary in their work under very difficult conditions. The observer group suggested that INEC's logistics capabilities, including its ability to carry out timely procurement may have been overwhelmed by factors connected with the sheer number of political parties contesting the elections. As a way forward, it suggested that there should be an independent inquiry into the poor management of the electoral process by INEC with a view to determining the

underlying causes of persistent shortcomings during elections in the country. As part of efforts to ensure that the right things are done by INEC, the body said the international community should continue to lend their voices in defence of the integrity of the result. The Situation Room particularly urged the United States and the United Kingdom to follow through on their earlier statement that they will sanction individuals whose actions undermine the election or have led to the death of citizens. In addition, the Situation Room urged the Inspector General of Police to urgently investigate allegations of police overreach in identified locations in the country. It said officers found culpable must be held personally accountable for infringing on the rights of citizens in the exercise of their franchise. The Situation Room also asked the IGP to carry out investigations on all political actors, who instigated or perpetrated violence leading to the needless loss of lives.

Commonwealth Observers Bemoan Electoral Violence The Commonwealth Group of Observers has condemned what it described as electionrelated violence, which marred the elections in some states, saying the loss of lives in those places was deeply troubling. Also, the international

observers in the elections, comprising the International Republican Institute (IRI), National Democratic Institute (NDI), and African Union Observation Mission (AUEOM), have called on the Independent National Electoral Commission (INEC) to expeditiously release the results of the polls. The observers also called on political gladiators to ensure that the processes are concluded in a peaceful atmosphere. This is coming as the European Union Election Observation Mission (EU EOM) has also highlighted serious operational shortcomings during the elections, which it said put undue burden on the electorate. The Chairperson of the Commonwealth Group of Observers, Dr. Jakaya Kikwete, made the group’s submission yesterday, while addressing journalists on the group’s observations and assessment on the general election. Kikwete noted that violence has no place in a modern democracy, adding that those responsible should be held accountable. He also called on political parties to honour their commitments to the National Peace Accord and reject violence. The electoral process was characterised by violence in some parts of Rivers, Lagos, Delta, Osun, Nasarawa and Enugu States. The observer group noted that in spite of the difficulties and challenges surrounding the elections, many Nigerians

had the opportunity to express their will and exercise their franchise. Kikwete, who was a former President of Tanzania, also expressed optimism that the final stages of collation and announcement of results which began on Monday will be handled in a transparent and credible manner. The Commonwealth Observer Group was deployed across Nigeria from February 13, covering Benin City, Enugu, Ibadan, Jos, Kaduna, Kano, Lagos, Port Harcourt and the FCT, where it met INEC officers, civil society groups, the political parties, police and the media. The group similarly observed reservation that about 11.2 million Permanent Voter Cards (PVCs) were not collected, noting that represented over 13 percent of registered voters who could not vote. It also identified problems with the Smart Card Readers in a number of polling units, saying the shortcoming caused further delays as polling officials awaited technical assistance or replacement. In addition, it highlighted delays in the distribution of materials, resulting in the late opening of polling units, saying that although INEC later authorised extended voting hours for polling units that had opened late, the information was not communicated effectively and not followed by all polling staff. “Observers noted, however, that many would have benefitted from more comprehensive training in

polling procedures. In some places, the layout of polling units, including the positioning of voting booths, potentially compromised the secrecy of the ballot. Incorrect labeling and failure to seal the ballot boxes correctly were also noted. Lack of signage within polling units also caused some confusion,” Kikwete said. Kikwete also lauded the invaluable contribution of the NYSC members to the electoral Continued on page 8

TOP GAINERS DANGFLOUR ABCTRANS VERITASKAP NIGINSURE ROYALEXCHANGE TOP LOSERS UNIONDAC TOTAL CUTIX

NGN NGN 1.00 11.00 0.05 0.57 0.02 0.23 0.02 0.24 0.03 0.36 NGN 0.02 0.29 0.05 190.00 0.03 1.87 FLOURMILLS 0.20 20.00 ACCESSBANK 0.05 6.35 HPE Nestle Nig Plc ₦1,580.00 Volume: 219.808 million shares Value: N5.549 billion Deals: 2,999 As at yesterday 25/2/19 See details on Page 31

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TUESDAY, ͺ;˜ ͺ͸͹΁ ˾ T H I S D AY

NEWS

Nigerian Equities Market Rebounds after Presidential Election Goddy Egene with agency reports Nigeria’s stocks and bonds rose yesterday as investors increased demand for securities following the conclusion of the presidential election, THISDAY has learnt. Investigation revealed that the Nigerian stock market, which depreciated 0.61 per cent last week, opened this week with a gain of 0.57 per cent yesterday. Specifically, the Nigerian Stock Exchange (NSE) AllShare Index rose to 32,700.12, from 32,515.52, while market capitalisation added N68 billion to close at N12.194 trillion, from N12.125 trillion recorded last Friday. The market had gained 6.6 per cent before the postponement of the presidential election from February 16. The postponement of the election led to market decline by 0.61 per cent last week as most investors adopted a wait-and-see strategy. However, the conclusion of the presidential election

over the weekend and collation of results have reduced political uncertainty as some investors increased demand for stocks, leading to a growth of 0.57 per cent. THISDAY also gathered that there was also a rise in bond prices which was more pronounced in longerdated, local currency bonds such as the 2028 bond. Yields on the 10-year paper fell to 14.5 per cent yesterday from a previous close of 14.68 per cent. “Barring any negative surprises at the polls, we anticipate a positive start to this week’s trading as investors price in improved certainty upon conclusion of the general elections,” analysts at Vetiva Capital, told Reuters. The election had been scheduled to take place on February 16, but was postponed by the Independent National Electoral Commission (INEC), citing problems in delivering ballot papers and results sheets to some parts of the country.

NSE DG, Oscar Onyema Market operators had said the postponement was not good for the stock market. For instance, Chairman of Association of Stockbroking Houses of Nigeria (ASHON), Partick Ezeagu said 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 and even more applicable to the capital that is very sensitive to uncertainty in the political fate of a sovereignty. “The capital market in

Nigeria is sad, the reset delay in the conduct of our national election and the fact that it happened less than six hours before the election was to commence. Investors will react negatively unless a very credible reason is adduced and effectively disseminated urgently,” Ezeagu said. Similarly, Group Chief Executive Officer of Emerging Africa Capital Group, Mrs. Toyin Sanni, said the postponement had lengthened the waiting time for investors who had already adopted wait-and-see approach to prospects of investing in Nigeria. “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 acts all together, thus increasing concerns about the possibility of the election process being smooth and hitch free,” she said. 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 is 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. Also, Mr. Sola Oni of Sofunix Investment, said the postponement is 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 may not have much negative impact on the market given the growth the market has recorded in the last two weeks. “Although it has a cost to the economy but may not affect our market due to expectations of companies’ results which have started coming into the market. We are expecting the market to continue to rise in anticipation of good results to be declared by companies,” he said. But despite the announcement of corporate earnings with dividends last week, most investors remained on the sidelines, leading to a decline in the market.

Moody’s: Rising Foreign-currency Deposits will Ease Pressure on Banks Goddy Egene One of the global rating agencies, Moody’s Investors Service has stated that commercial banks’ rising foreign-currency deposits will support the financial institutions’ foreign-currency funding and ease liquidity pressure in the banking system. In addition, it would help reduce the ratio of foreign-currency loans to foreign-currency deposits, the rating agency added. Moody’s which stated this in a report yesterday, pointed out that Nigerian banks' credit profiles remain vulnerable to adverse changes in global and domestic liquidity conditions, including global oil price and foreign exchange (FX)

fluctuations as well as the Central Bank of Nigeria’s (CBN) monetary policy. The National Bureau of Statistics (NBS) recently released data showing that foreign currency deposits had increased to $15.3 billion in December, up by 26.6 per cent, from December 2017. “Rising foreign-currency deposits are credit positive for Nigerian banks because they will boost foreign-currency liquidity and funding amid forthcoming bond repayments and possible external shocks. “Foreign-currency deposits increased nearly 27 per cent in the past year after reaching a low of $11.1 billion in September 2017,” the report added. Deposits had contracted from 2015 on account of lower

oil revenue, foreign-currency rationalisation by the CBN and Nigeria's economic recession. Furthermore, the rating agency noted that the increase in foreign-currency deposits mitigates the negative pressure of tighter dollar liquidity that some Nigerian banks face ahead of their maturing bonds in 2019. “Nigerian banks have relatively modest foreigncurrency liquidity, as indicated by their liquid foreign currency assets to foreign total assets,” it stated. The average foreigncurrency liquidity for the system was 25 per cent at December 2017, compared to an overall liquidity ratio of 38 per cent. Foreign-currency liquidity

risk is more acute for banks with Eurobonds due in the near future. Nigerian banks currently have $2.8 billion of Eurobonds outstanding and about $1.1 billion of these mature this year. “Some banks' front-loaded debt maturity profiles will strain their foreign-currency liquidity. Zenith Bank Plc for example, has a $500 million bond (about 50 per cent of its outstanding Eurobonds) maturing in April 2019 and Access Bank Plc has a $400 million bond with a June 2019 call date, and the general practice is to redeem the bonds at call date (about 57 per cent of its outstanding Eurobonds). “Additionally, Access will take on the liabilities of

Diamond Bank Plc as part of its announced merger, including a $200 million Eurobond maturing in May 2019. “The short-term liquidity pressure is mitigated by the relatively high liquid foreign-currency assets to total assets of these banks, with Zenith's ratio at 35 per cent at year-end 2018 and Access Bank at 37 per cent as of June 2018,” it stated. Continuing, the report added: “Fidelity Bank Plc and United Bank for Africa Plc do not have maturing bonds until 2022. “Although Nigerian banks' local-currency balance sheets are fully funded by deposits, the banks rely on foreigncurrency market funding (e.g., Eurobonds and bilateral loans with foreign banks) to

support their foreign-currencydenominated loans, which contributed about 50 per cent of total loans as of June 2018. “The average ratio of dollar loans to dollar deposits was high at about 193 per cent at year-end 2017. Additionally, growing foreign-currency deposits will soften competition for these deposits and reduce banks’ reliance on more expensive market-based funding,” it added. However, foreign-currency deposits are exempted from Nigeria's high cash reserve requirement of 22.5 per cent. Despite the positive effect of foreign-currency deposit growth, it only partially eases the risks associated with Nigerian banks' foreign currency activities.

Anambra Central); Nelson Effiong (APC Akwa Ibom South), Ubali Shittu (PDP North East) and Mao Ohuabunwa (PDP Abia North).. The 19 victorious Senators include Deputy Senate President, Ike Ekweremadu (PDP Enugu West); Dino Melaye (PDP Kogi West); Philip Aduda (PDP FCT); Oluremi Tinubu (APC Lagos Central); Abdullahi Adamu

(APC Nasarawa West); Sabi Abdullahi (APC Niger North); Francis Alimikhena (APC Edo North); Abdulfatai Buhari (APC Oyo North) and Stella Oduah (PDP Anambra North). Other victorious senators are Ahmad Baba-Kaita (APC Katsina North); Ajayi Boroffice (APC Ondo Central); Chukwuka Utasi (PDP Enugu North); Akpan Bassey (PDP Akwa Ibom North East);

Adamu Aliero (APC Kebbi Central); Bala Ibn Na'Allah (APC Kebbi South); Abdullahi Yahaya (APC Kebbi East); Kabiru Gaya (APC Kano South); Barau Jibrin (APC Kano South); Danjuma La'ah (PDP Kaduna South), Aliyu Wammako (APC Sokoto North), Danladi Sankara (APC Jigawa North West); and Sabo Muhammed (APC Jigawa Central).

impressed by the patience and resilience demonstrated by Nigerians during the elections. "Overall, the process was largely peaceful and orderly and in conformity with Nigeria’s legal framework.” He, however, recommended that in the spirit of cooperation and solidarity, political parties and candidates are urged to uphold the commitment to peaceful elections and resolution of disputes in keeping with the two peace accords signed in December 2018 and February 2019. “They are further urged to call on their supporters to remain calm and peaceful and refrain from any action that might incite post-election

violence. In case of any grievances over the election results, political parties and candidates are encouraged to use the legal instruments at their disposal to seek redress,” he said. On its part, the NDI/IRI mission, in its recommendation read by President, IRI, US, Daniel Twining, urged Nigerians to address immediate and longer-term challenges to inclusive and credible elections. Particularly for the March 9 gubernatorial state assembly elections, the IRI/NDI mission said the government should ensure adequate security to support and protect INEC's

MORE HEAVYWEIGHTS FALL IN SENATORIAL RACE eight others will be contesting governorship election in their various states on Saturday, March 9. Those who lost the senatorial election, according to INEC official results as at press time, include Senate President, Dr Bukola Saraki (PDP Kwara Central); Senate Minority Leader, Senator Biodun Olujimi (PDP Ekiti South); former Senate Minority Leader, Senator

Godswill Akpabio (APC Akwa Ibom North West); Senator Rabiu Kwankwaso (PDP Kano Central); Senator Shehu Sani (PRP Kaduna Central); Senator Mohammed Hassan (PDP Yobe South); Senator Binta Masi (APC Adamawa North); Senator Isa Misau (PDP Bauchi Central); Senator Rafiu Ibrahim ( PDP Kwara South); Senator George Akume (APC Benue North West); Senator Barnabas

Gemade (SDP Benue North); Senator Ahmed Ogembe (Kogi Central) and Aidoko Ali (PDP Kogi East). Other losers are Senators Tayo Alasoadura (APC Ondo Central); Yele Omogunwa (APC Ondo South); Monsurat Sunmonu (APC Oyo Central); Soji Akanbi (ADC Oyo South); Duro Faseyi (PDP Ekiti North); Andy Ubah (APC Anambra South); Victor Umeh (APGA

CSOS SITUATION ROOM KNOCKS INEC, SECURITY AGENCIES OVER POLLS process and the passing of the Not Too Young to Run Bill as a significant step that will enable youth participation in all elective offices. He said the group did not observe cases of vote buying and under age voting, which were notable features during bye elections in some states last year and during the 2015 general election.

AU, IRI, NDI Seek Quick Release of Election Results Meanwhile, AUEOM, IRI and NDI have also highlighted serious operational shortcomings during the

elections, which it said put undue burden on the electorate. In their preliminary reports released yesterday in separate press conferences, AUEOM led by former Ethiopian Prime Minister, Hailemariam Desalegn, who was the head of the mission and former vice president, Gambia, Mrs. Fatoumata Tambajang, who led the Joint International Observer team of International Republican Institute (IRI), National Democratic Institute (NDI) and other contributors, made recommendations on how to conduct better elections in the country. According to Desalegn, “While congratulating INEC for being open and cooperative

with electoral observers, the mission urged INEC to expeditiously and transparently collate and announce the results of the presidential and National Assembly elections as provided for by law.” He also called on INEC to continue to improve election management to address the consistent postponement of elections through proper planning and execution of election logistics and operations and that the body should strengthen the capacity of polling staff through training on assisting voters, counting and other electoral procedures. Urging political parties and young people to leverage the opportunity created by the ‘Not

Too Young to Run Act’ to increase political participation and representation, Desalegn urged Nigerians and other stakeholders to act responsibly in the use of social media and refrain from disseminating false information on the elections, particularly the results. In his conclusion, Desalegn who noted that the 2019 presidential and National Assembly elections provided an opportunity for the consolidation of democracy in Nigeria, said: “The AUEOM observed that the political space has broadened as evidenced by the high number of political parties and candidates that took part in the elections. Furthermore, the mission is

Continued on page 9

TUESDAY, ͺ;˜ ͺ͸͹΁ ˾ T H I S D AY

NEWS

You Lack Prosecutorial Powers, Court Tells Panel on Recovery of Public Property Alex Enumah in Abuja Justice Inyang Ekwo of the Federal High Court in Abuja yesterday told the Special Presidential Investigation Panel for the Recovery of Public Property (SPIPRPP) that it lacks prosecutorial powers to initiate criminal proceedings against any Nigerian. Justice Ekwo, who in a ruling delivered, held that the function of the panel ends with the completion of investigation, saying any attempt by the panel to file charges on its own is ultra vires, null and void since the constitution did not confer on it such powers. The judge consequently dismissed the charges filed by the panel

against the Director of Finance and Accounts in the Federal Ministry of Power, Works and Housing, Mr. Ibrahim Tumsah, and his brother, Tijani Tumsah, also a staff of the ministry. Following the dismissal of the charges, the court then discharged the defendants of the two-count charge filed against them. The defendants had in their motion relied on Section 4(4) of Recovery of Public Property Special Provisions Act to urge the court to decline adjudicating on the matter. Counsel to the defendants, Abdul Mohammed, insisted that the presidential panel has no prosecutorial powers, adding that the section provides for acts that

could be taken by the presidential panel. The counsel informed the court that a full panel of Court of Appeal, had in a judgment delivered on November 5, 2018, barred the presidential panel from filing any charge in court against any person because it lacks such prosecutorial powers. On his notice of preliminary objection, counsel to the 1st defendant, Kehinde Ogunwumiji SAN, prayed the court for an order striking out the two-count charge for lack of jurisdiction. He showed the court a copy of the Court of Appeal judgment, adding that section 27(2) of the 1999 Constitution (as amended)

stipulates that a decision of the Court of Appeal shall be enforced in any part of the federation. “The Court of Appeal even said it cannot approach any court, not to talk of filing a charge,” Ogunwumiji said. Arguing further, the senior lawyer submitted that the presidential probe panel was in contempt, having disobeyed the appellate court’s pronouncement. Replying, counsel to the presidential probe panel, Celsus Ukpong, vehemently opposed the applications, and urged the court to dismiss them. Ukpong argued that the Court of Appeal judgment was not applicable in the instant case.

He posited that under section 3(3) of the Recovery of Public Property Special Provisions Act, the president has the power to set up a probe panel, and that the panel can sue on behalf of the president. Ukpong submitted that Section 4(4) of the Act, which the 1st defendant’s counsel referred to “mainly talked about suspects who had received and completed their asset declaration forms.” But where a person neglected and refused to declare the person’s assets that constitute a criminal act, liable for prosecution by a lawyer on behalf of president. After taking submission, Justice Ekwo fixed February 25 for ruling. Both brothers, it would be recalled, were re-arraigned on October 31, 2018, before Justice Ekwo of the Federal High Court sitting in Abuja for their failure to declare their assets. Specifically, the two public servants were prosecuted by the Okoi Obono Obla-led presidential probe panel for refusing and neglecting to declare their assets to the special panel.

2 0 1 9 S E N AT O R I A L W I N N E R S STATES ABIA ADAMAWA AKWA IBOM

ANAMBRA BAUCHI BENUE CROSS RIVER DELTA EBONYI EDO EKITI L-R: Managing Director/CEO, FBNQuest Merchant Bank, Kayode Akinkugbe; Managing Director/CEO, FMDQ OTC Securities Exchange, Bola Onadele. Koko; and Managing Director, Mixta Real Estate Nigeria Plc, Kola Ashiru-Balogun, at the listing and quotation ceremony for the Mixta Real Estate Nigeria Plc bond and commercial paper in Lagos... recently

ENUGU

CSOS SITUATION ROOM KNOCKS INEC, SECURITY AGENCIES OVER POLLS

GOMBE

deployment and voter engagement, intensify communication and outreach to the Nigerian public and relevant stakeholders in the electoral process. It also called for improved plans for the distribution of sensitive election materials such as ballot papers and result sheets, ensure that ad hoc polling staff are adequately trained on polling procedures and to fully implement the disability framework by ensuring that all polling units are accessible to persons with disabilities. While political parties are urged to respect the rule of law and call on their supporters to remain peaceful, before, during, and after the polls and to adhere to the announcement of results, the NDI/IRI mission tasked the Nigerian government to immediately after the elections pursue a comprehensive and inclusive electoral reform process that draws upon the recommendations made by the Uwais Commission and Nnamani Committee. The observer missions bemoaned the fact that the polling staff did not demonstrate sufficient knowledge and competence in the application of the opening procedures, late opening of voting, incidents of violence, and snatching of ballot materials at some polling units. Others are impediments to voting for persons with disabilities and the elderly and the change of the location of polling units

for internally displaced persons (lDPs) at the last minute from camps to wards in some locations, which could have impacted IDP enfranchisement.

Operational Lapses Exerted Undue Burden on Voters, Says EU In a related development, EU EOM to Nigeria has stated that while INEC made remarkable improvement since 2015, there were serious operational shortcomings which it said put undue burden on the electorate. In their first preliminary report, the body stated that the operational lapses to a larger extent weakened transparency of the process. Addressing journalists in Abuja, the Chief Observer, Maria Arena said: "On Saturday EU observers visited 261 polling units and 94 collation centres across 31 states and the Federal Capital Territory (FCT). Important polling procedures were not always followed and in 14 per cent some essential materials were missing. "Party agents were present in most of the polling units observed. Positively, in most of the counts observed, party agents received copies of the results forms. However, there were problems in filling out results forms and they were not displayed in half the units observed, weakening

transparency," it said. Arena, while reiterating that the EU has no interest in the results of the polls or who emerges as leader of the country, however advocated for the need for more transparency and communication in the entire process of future elections. She also called for a reduction in the age of candidates in other to make the elections all inclusive. Overall, while the EU observation mission commended civil society organizations in their contributions at enhancing electoral accountability, the EU noted that the elections were competitive and that candidates were able to campaign freely. Adding that although campaign rhetoric’s became more acrimonious closer to election day. The mission however expressed its condolences to family members and friends of those who lost their lives, stressing that election should be occasions of peaceful participation.

Honour Signed Peace Accord, US Ambassador Tells Candidates The Ambassador of the United States of America, Stuart Symington, has urged candidates in the polls to maintain the peace in the country by keeping to the Peace Accord they signed before the polls. Symington, who also urged

the candidates to prevail on their supporters to shun violence as the nation awaits the declaration of the final results of the polls by the Independent National Electoral Commission (INEC), congratulated Nigerians in the peaceful and orderly manner they had conducted themselves so far. The Ambassador in a statement said, "I congratulate the tens of millions of Nigerians who stood patiently in long lines to vote this week and the hundreds of thousands who worked together with INEC to conduct the elections. “As noted by many observer groups in their preliminary reports, this election was predominantly peaceful, and it was proof of the Nigerian people’s resolute commitment to choose their leaders. "The peaceful achievement of millions was shadowed by the violence of a few. We extend our deepest sympathy to the families of those who lost their lives, and we urge all candidates to honour the Peace Accord they signed. "All should convince those who support them to refrain from using force or violence to interfere with INEC. No one should break the law by announcing results before INEC does, or break the peace by claiming victory before the results are final". He added that everyone has a common interest in showing patience as INEC collates and announces the election results.

JIGAWA KADUNA KANO KATSINA KEBBI KOGI KWARA

LAGOS NASARAWA NIGER OGUN ONDO OSUN

OYO SOKOTO YOBE ZAMFARA FCT

WINNER ORJI KALU THEODORE ORJI AISHA DAHIRU BASSEY ALBERT AKON EYAKENYI CHRIS EKPENYONG UCHE EKWUNIFE IFEANYI UBAH STELLA ODUAH HALLIRU JIKA ABBA MORO GERSHOM BASSEY PETER NWAOBOSHI OVIE OMO-AGEGE EMMANUEL UDUAGHAN MICHAEL AMA SAM EGWU OBINNA OGBA FRANCIS ALIMIKHENA PATRICK OBAHIAGBON OPEYEMI BAMIDELE DAYO ADEYEYE OLUBUNMI ADETUNBI IKE EKWEREMADU CHIMAROKE NNAMANI CHUKA UTAZI AMOS BLUES DANLADI SANKARA SABO MUHAMMED DANJUMA LA'AH SUILEMAN ABDUL-KWARI KABIRU GAYA BARAU JIBRIN AHMED BABBA KAITA ABDULLAHI KABIR BIRKYA ADAMU ALIERO BALA IBN NA'ALLAH ABDULLAHI YAHAYA DINO MELAYE YAKUBU HOSSANI UMAR SULEIMAN SADIQ LOLA ASHIRU YAHAYA OLORIEGBE

PARTY APC PDP APC PDP PDP PDP PDP YPP PDP APC PDP PDP PDP APC APC PDP PDP PDP APC APC APC APC APC PDP PDP PDP APC APC APC APC APC APC APC APC APC APC APC APC PDP APC APC APC APC

SOLOMON ADEOLA OLUREMI TINUBU BAYO OSHINOWO

APC APC APC

TANKO AL-MAKURA ABDULLAHI ADAMU SANI MUSA SABI ABDULLAHI IBIKUNLE AMOSUN AJAYI BOROFFICE AJIBOLA BASHIRU ADELRE ORIOLOWO FRANCIS FADAUNSI TESLIM FOLARIN ABDULFATAI BUHARI KOLA BALOGUN ALIYU WAMAKKO AHMAD LAWAN IBRAHIM GAIDAM IBRAHIM BOMOI ABDULZIZ YARI PHILLIP ADUDA

APC APC APC APC APC APC APC APC PDP APC APC PDP APC APC APC APC APC PDP

TUESDAY FEBRUARY 26, 2019 ˾ T H I S D AY

NEWS

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

IG Orders Arrest of Suspected Attackers of DCP Sylva explains reasons for the hostage

Emmanuel Addeh in Yenagoa and Alex Enumah in Abuja The acting Inspector General of Police (IG), Mohammed Adamu, has decried the attack on a Deputy Commissioner of Police (DCP) in Brass, Bayelsa State, Mr. Kola Okunola, last Sunday and ordered the immediate arrest, comprehensive investigation and diligent prosecution of persons involved, “no matter their positions in society.” This is coming as a former Governor of Bayelsa State and the All Progressives Congress (APC) leader in the state, Chief Timipre Sylva, yesterday disputed reports that DCP Okunola was kidnapped by loyal party members in Brass local council, insisting that the youths merely resisted an attempt by the senior police officer to move the collation centre unilaterally without consultation. Adamu, who in a statement described the incident as unwarranted and unprovoked,

warned that under his watch such brazen acts of impunity would not be condoned. In a related incident, the statement which was signed by the Force Public Relations Officer, ACP Frank Mba, disclosed that five male suspects have been arrested in Umuahia, Abia State, over an attack on a Deputy Superintendent of Police (DSP) who was patriotically defending the sanctity of the electoral system at a collation centre in Umuahia. He said: “These attacks have once again highlighted the risks and hazards inherent in policing our clime, and the need for stakeholders and government at all levels to continue to support the officers and men of the Force in discharging their responsibilities.” Meanwhile, the IG has commended all Nigerians who by their words and actions, have clearly identified with the Force by denouncing

these barbaric and uncivilized actions against Police Officers performing their legitimate duties. However, Sylva yesterday disputed reports that the senior police officer was kidnapped by loyal party members in Brass local council. The former governor who posited that the allegation was mere propaganda from

the ruling party in the state, explained that youths from Brass, regarded as an APC stronghold, only resisted an attempt by the senior police officer from moving the collation centre unilaterally without consultation to Yenagoa. Briefing the media in Yenagoa, the state capital, Sylva noted that immediately Okunola stepped down his decision to move the centre because the Peoples

Democratic Party (PDP) was losing, normalcy returned to the centre. However, according to Sylva, “The election was peaceful until a DCP, under the instruction of the Commissioner of Police, attempted to relocate the collation centre without consultation or approval from anybody, including INEC.” “That was because they saw that the APC was winning

and they wanted to bring the materials to Yenagoa. The young men in the defence of their rights to determine their future, decided to do a citizen arrest of the DCP. “They prevented him from moving the materials to Yenagoa and once that act was discontinued, they went ahead with the collation in Brass and left him.”

No Case of Lassa Fever in Asokoro Hospital, NCDC Reassures Kingsley Nwezeh in Abuja The Nigeria Centre for Disease Control (NCDC) yesterday debunked reports on social media of a suspected lassa fever case in Asokoro General Hospital in Abuja. The message, which was circulated on social media channels, urged FCT residents to steer clear of the hospital. But the NCDC said there was no outbreak of lassa fever, adding that there was no confirmed case of the disease since February 2019. “Our attention has been drawn to a message circulating on whatsapp and twitter, purporting that there is a suspected Lassa fever case in the Asokoro District Hospital, and advising people to stay away from the Hospital. This is entirely false,” a statement from the centre said. “The Nigeria Centre for Disease Control (NCDC) urges members of the public to disregard the message as it is untrue and baseless. “The recent national Lassa

fever situation report indicates there has been no confirmed Lassa fever case in the FCT since February 2019. We publish this every week. The statement, which was issued by the Director- General of NCDC, Dr. Chikwe Ihekweazu, added that contrary to the message being circulated, no death has been recorded from Lassa fever in the FCT this month.” It noted further that “although Lassa fever first appears like malaria, the chances of survival are highest when it is reported early. “All cases of fever must be tested for malaria using appropriate diagnostic tools rapid diagnostic kit (RDT). If the result is negative and other common causes of fever are ruled out, healthcare workers are advised to suspect Lassa fever. “The NCDC urges everyone to stay alert for Lassa fever, know the symptoms and report immediately to a health facility when symptoms are observed, to increase the chances of survival”.

Okorocha’s Senatorial Victory Suffers Setback Amby Uneze in Owerri The declaration of Governor Rochas Okorocha of Imo State as winner of Imo West senatorial district seat in last Saturday’s election yesterday suffered a setback as the Returning Officer, Prof. I. I. Ibeawuchi of the Federal University of Technology, Owerri (FUTO), has said he announced the result under duress. The candidate of the Peoples Democratic Party (PDP), Jones Onyereri had accused the governor of holding the returning officer hostage, and persuading him

to declare the result of the senatorial district. Ibeawuchi on regaining freedom from the hostage in Orlu, spoke at the INEC headquarters in Owerri, on how he was forced to sign the result, which he had already refused to declare based on some anomalies he discovered. According to him, “I had been in the bush for the past 48 hours because they wanted me to declare the result.” The PDP had raised the alarm over Okorocha’s alleged “primitive” way of taking the returning officer hostage to announce the result in his favour.

FLYING TO SUCCESS...

L-R: Former Governor of Akwa Ibom State, Obong Victor Attah; Governor of Akwa Ibom State, Mr. Udom Emmanuel; Senate President, Dr. Bukola Saraki; Speaker, State House of Assembly, Mr. Onofiok Luke; Senator Emmanuel Ibok Essien; and Chairman of Ibom Air, Air Commodore Idongesit Nkanga (rtd), during the unveiling of Ibom Air in Uyo...recently

Amosun, Nnamani, Shekarau, Al-Makura, Abba Moro Win Senatorial Seats Femi Ogbonnikan in Abeokuta, George Okoh in Makurdi, Emma Ukumba in Lafia, Christopher IsiguzoandGideonArinzeinEnugu The Ogun State Governor, Senator Ibikunle Amosun, Governor Umaru Tanko AlMakura of Nasarawa State; a former Governor of Enugu State, Dr. Chimaroke Nnamani, and a former Minister of Interior, Abba Moro, have emerged the winners of senatorial seats in their respective states. INEC has also declared the APC senatorial candidate for Kano Central district, Malam Ibrahim Shekarau as the elected Senator for the zone. Amosun won the Ogun Central senatorial district seat. The All Progressives Congress (APC) candidate defeated the candidate of the African

Democratic Congress (ADC), Mrs. Titi Oseni-Gomez who got 37,101 votes. While announcing the results yesterday, the Returning officer for Ogun Central district, Prof Idris Akanbi, disclosed that Amosun polled 88,110 votes while Oseni-Gomez got 37,101 votes. Ogun Central senatorial district is made up of six local government areas. Al-Makura defeated the incumbent senator representing Nasarawa South senatorial district, Suleiman Adokwe, to win the district’s seat in the National Assembly. The governor edged out the incumbent senator by 8,561 votes. Al-Makura, who contested the state’s southern senatorial district seat on the platform of the APC, polled a total of

113,156 votes to beat his rival, Adokwe, of the PDP, who scored 104,495 votes. The returning officer for the senatorial election, Professor Mohammed Kida of the Federal University, Lafia announced the result in Lafia, the state capital. Moro also emerged the winner of the Benue South senatorial seat. Announcing the results yesterday in Otukpo, the Returning Officer, Professor Aunde Anune said that Moro of the PDP polled 85,162 to defeat the candidate of the APC, Steven Lawani who scored 47,972. Moro would be succeeding Senator David Mark who has been in the senate since 1999. Nnamani, the candidate of PDP for Enugu East senatorial zone was declared the winner

of last Saturday’s National Assembly election. He scored a total of 128,843 votes to defeat his closest rival, Lawrence Ezeh, who garnered 14,225 votes while Uchenna Agbo of APGA came third with 1,586 votes. Shekarau, a former Governor of Kano state, contested for the seat under the APC in the presidential and National Assembly elections held on February 23. Announcing the results yesterday at the collation Centre, the Returning Officer for the district, Prof. Adamu Alhaji-Samaila said Shekarau scored 506, 271 votes to defeat the PDP candidate, Aliyu SaniMadawakingini who polled 276, 768 votes.

NAF Fighter Jets Attack Terrorists in Lake Chad Kingsley Nwezeh in Abuja The Nigerian Air Force (NAF) fighter jets have bombed a meeting venue of members of the Islamic State for West Africa (ISWAP) in Kolloram on the fringes of Lake Chad, killing scores of insurgents, NAF has said in a statement. The statement added that the insurgents engaged the jets with anti-aircraft guns and small firearms.

The bombardment followed intelligence gathered by the NAF that ISWAP fighters assembled for a meeting. “The Air Task Force (ATF) of Operation Lafiya Dole has neutralised several Islamic State of West Africa Province (ISWAP) fighters as they assembled for a meeting at their hideout in Kolloram on the fringes of Lake Chad in the Northern part of Borno State.

“The operation was conducted following credible intelligence reports indicating that some of the ISWAP leaders and fighters had assembled for a meeting in a group of buildings at the centre of the settlement,” the statement explained. It added: “A Nigerian Air Force (NAF) Intelligence Surveillance and Reconnaissance (ISR) platform, which was

deployed for confirmatory surveillance, observed the presence of the terrorists at the location and subsequently called for two Alpha Jets aircraft to attack the group of buildings. “Bombs from the first Alpha Jet hit the desired mean point of impact causing damage to the building an d neutralising some of the terrorists.”

TUESDAY FEBRUARY 26, 2019 ˾ T H I S D AY

NEWSEXTRA

Army, Police Avert Post-election Reprisal in Lagos Police debunk purported attack Chiemelie Ezeobi The timely deployment of Nigerian Army troops and operatives of the Lagos State Police Command yesterday averted post-election reprisal at some parts of Oshodi and Ajegunle areas of the state. The crisis was said to have been engineered by hoodlums attached to one of the political parties, who targeted traders of a certain ethnic group for allegedly voting for the opposition. The hoodlums had yesterday stormed Brown Street and markets opposite GET Arena in Oshodi; Akpasa and Market Street in Ajegunle to forcefully close down the shops of those traders. This move was a replica of what was obtained at Ago, Okota, Isolo, Amuwo Odofin, Ajeromi-Ifelodun, Aguda and some parts of Oshodi during the presidential and National Assembly elections last Saturday. The modus operandi was to disenfranchise voters from the said

ethnic group, who are believed to predominantly reside in the aforementioned areas. However, yesterday’s attack would have been successful save for the timely response of the police and the soldiers, who as at press time, are still on patrol in the areas. Speaking on anonymity, a trader at the Oshodi market said: “We had opened shop to commence sales only for the thugs (area boys) to tell us to close shop. They were asking us why we voted for the PDP candidate and not the APC. “These are the same people who come to task us for money in our shops daily. Now it’s time for politics, they have turned against us. The last time I checked, we still have the right to vote our choice. “Mine is even more painful. I was also a victim of the same attack in my area at Ago Palace Way last Saturday during the elections. “The hoodlums disenfranchised

me from voting my candidate because I am Igbo. They vandalised our polling unit at Jemtok/Avenue. They set it on fire, thereby making sure we didn’t vote. “I have barely managed to move on and now this. On a Monday morning when I should be making sales, I am running for my life. At the moment, I don’t know the state of my shop, whether it was vandalised or not.” Meanwhile, THISDAY checks revealed that some schools in the Ago Palace Way area did not

resume classes, despite a memo sent to parents last week that the midterm assessment for pupils would begin on Monday. In the messages sent to parents to keep their kids and wards at home, the central focus was possible unrest following the fracas on the election day. One of the messages made available to THISDAY read: “Dear valued parents, kindly be informed that school will remain closed on Monday February 25, due to the tension accruing from Saturday’s general election. The

safety of our beloved pupils is of utmost important to us. “We implore you to take the extra day to keep up with preparing your wards for the remaining subjects in the midterm tests as we resume on Tuesday February 26. Please stay safe as we continue to pray for peace in our community and in Nigeria at large.” When contacted, however, the state Police Public Relations Officer, CSP Chike Oti, said there was no problem at Oshodi, adding that the police are on top of the

situation. While dispelling the allegation, Oti said nothing could be farther from the truth, adding that the police however still intensified patrol of the said areas. He said: “Although the command received distress calls from concerned Nigerians whose apprehensions were understandably heightened by disturbing rumours emanating from some social media platforms, the command swiftly and massively deployed its personnel.

Agbaje Alleges Plot to Manipulate Lagos Election Results Segun James The governorship candidate of the Peoples Democratic Party (PDP) in Lagos State, Mr. Jimi Agbaje, has asked the Independent National Electoral Commission (INEC) to release all the results immediately, saying that attempts were ongoing to manipulate the results. Agbaje, at a press conference in his campaign office yesterday wondered why 48 hours after the polls ended, the commission still failed to release all results. “As I speak today, we have a situation where results are being delayed. It is two days now and results are not being released in Lagos State. And they are not being released in areas where we, PDP, have strength. And that is deliberate. We have a situation where results are being tampered with. That is not going to be acceptable to us. We will not accept results that have been tampered with in Lagos State.” According to the Member of the House of Representatives

for Oshodi-Isolo 1 Federal Constituency, Hon. Mutiu Shadimu, who was at the conference, voters in his constituency had been intimidated on Saturday by hoodlums led by the Treasurer of the National Union of Road Transport Workers (NURTW), Musiliu Akinsanya, aka, MC Oluomo. He alleged that the same gang also prevented traders from opening their shops yesterday. According to Agbaje, INEC officials’ delay in releasing voting figures was unpalatable and was an extension of the faulty conduct of elections in several polling areas throughout Lagos. His words: “The problems started from the polling units. The guidelines were very clear, that after election and counting of votes, election results are supposed to be pasted on the wall at the polling unit. We have no reports that election results were pasted anywhere in Lagos State. That was the beginning of the problem.

APC Lauds Electoral Success in Kwara Onyebuchi Ezigbo in Abuja The All Progressives Congress (APC) has expressed joy over its performance at the presidential and National Assembly elections which was held last Saturday. Apart from securing majority votes in most of the contested positions, the APC felt happy that it was able to dethrone the Peoples Democratic Party (PDP) in the senatorial district of the current Senate President, Bukola Saraki. In a statement issued yesterday by its National Publicity Secretary, Mallam Lanre Isa-Onilu, the party thanked the people of the state for the support shown to President Muhammadu

Buhari and all the candidates of the party. “For our party and to Kwarans, this victory is special in so many ways. But most significantly is how the people showed uncommon resilience and determination against all odds to kick out a man that had stagnated development and held the fortunes of the state hostage for the past 16 years. “The people of the state have shown clearly that they will no longer fraternise with their oppressors neither will the state representation continue to be a sign post for thuggery, embezzlement, feudal lords, misuse of power and opportunism,” the party said.

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L-R: General Manager, Julius Berger AFP, Oliver Cohnen; MD Miele Nigeria, Mr. Mustapha Olorunimbe; Oba of Lagos, His Royal Majesty Rilwanu Akiolu I; and Managing Director, Julius Berger Nigeria Plc, Dr. Lars Richter, during the Julius Berger AFP-Miele Nigeria showroom partnership ceremony in Lagos… recently

Incumbent Delta Senators Win Re-election Bids Elumelu clinches victory

Omon-Julius Onabu in Asaba All the three incumbent senators representing Delta State in the National Assembly have won their respective senatorial district election held last Saturday to return to the National Assembly. They include Senator Peter Nwaoboshi, representing Delta North, who was re-elected on the platform of the PDP; Senator Ovie Omo-Agege of the APC, who was elected again to represent Delta Central; and, Senator James Manager of the

PDP representing Delta South in the Upper Chamber of the National Assembly. Also a former member of the National Assembly, Hon. Ndudi Godwin Elumelu, won the Aniocha/Oshimili Federal Constituency to pave the way to his return to the House of Representatives under the canopy of the PDP. Similarly, Minority Leader in the House of Representatives, Hon Leo Ogor of the PDP will again represent the Isoko Federal Constituency

In a related development, as INEC announced more results in Asaba yesterday, the presidential candidate of the PDP, Atiku Abubakar, won in more LGAs of Delta State. The PDP scored the highest votes in 16 of the 17 LGAs so far announced by the INEC’s State Collation Officer for Delta State, Prof. Seth A. Jaja, as at about 7.30 p.m yesterday. The APC’s candidate, President Muhammadu Buhari, won in one local government area, Ethiope East, which is

the home area of Chief Great Ogboru, APC’s governorship candidate in Delta State. Results for Ethiope East showed that the APC got a total of 13,854 votes to beat PDP with 8,294 and other parties. Meanwhile, results for the two units in two separate wards in Warri North LGA have been canceled by INEC returning officer following the reported loss of voting materials meant while being conveyed by both as the materials allegedly ‘’fell into the water.’’

Kachikwu is Committed to Delta APC, Says Party’s Presidential Council The Delta State Presidential Campaign Council of the All Progressives Congress (APC) has dismissed allegation of a lack of commitment by the Minister of State Petroleum, Dr. Ibe Kachikwu to the re-election bid of President Muhammadu Buhari. The council in a statement made available to journalists yesterday affirmed that Kachikwu was neither sitting on the fence nor supportive of any other political interest outside the APC. The statement issued by Director General, Hon. Temi Harriman, and Deputy Director General, Dr. Iyke Odikpo, respectively, also elaborated on the contributions of Kachikwu to the APC in the state.

“Ordinarily, we wouldn’t have responded to spurious claims as we are used to such coordinated media attacks designed to impugn the personality and achievements of the Honourable Minister, using obscure blogs and online platforms with a faceless element with no affiliation to the party”. The council dismissed insinuations that Kachikwu had betrayed his party through acquaintances with the opposition. “The minister had always insisted that his political affiliation cannot threaten his friendship with Nigerians across the board. For the avoidance of doubt, the minister is not -overtly or covertly - supporting the presidential candidate of the PDP nor is

he sitting on the fence. He is irreversibly commitment to the re-election of President Buhari and all APC candidates “It is important to state here that the Dr. Ibe Kachikwu has no ulterior motives nor seeks to undermine, usurp or dwarf the political fortune or interest of anyone. His contributions to the Delta APC are consistent with his character of achieving a result. Therefore, the futile attempt to impugn his person will only lead to a collision course that will undermine all the gains of the party so far.” “The unparalleled efforts of the Honourable Minister in repositioning the APC in the State, to make it a viable

opposition to the ruling PDP cannot be overemphasized. “While Kachikwu is not someone who craves media attention or flaunt his achievement, it has become expedient to state some of his commitment to not only the campaign but the Party.” The statement affirmed that Kachikwu has since his appointment as minister has through consultations and meetings been able to make the APC in Delta State “a more cohesive and stronger alternative, giving the ruling party a run for their money. The figures from exit polls in the recent elections are a clear testament to this fact.”

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T H I S D AY ˾ ˜ Ͱʹ˜ Ͱͮͯͷ

COMMENT

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

ELECTIONS AND UNHAPPY NIGERIANS Victor C. Ariole writes that Nigeria should get its politics right

frica is yet to present a brand on leadership and Nigeria must do that for Africa. Africa, in general, has problems in believing in elections as most of the people still see culturally or traditionally propped-up leaders as sacrosanct, while the current leading civilisation expects leaders to be those elected through the ballot boxes. In Africa ballot boxes as a means to end do not count; fabricated results do. Illiterates who are the majority in Africa could possibly not figure out when results are fabricated but they are made to come out to show that they, indeed, participated in reeling out such results. Nigerians that are supposed to be better than other African people with their human and material resources, GDP wise, seem to be failing Africa. No fewer than 80million people registered to express their choice of leadership as two heavy weights stood for the contest; both not necessarily hereditary traditional leaders but leaders of modern Nigeria as military and business commanders. Unfortunately, their approaches made Nigerians more sub-humans, as death toll continues to rise in the bid to assert that their preferred leader emerges on mere emotional grounds, as against how the leader works to better their lives. Rivers State, Borno State, Kano State - and they harbour together, about significant 10% decisive votes - are contending on which state wins the dehumanising crown. For three consecutive elections it has been seen that results from Rivers had always shown that the ballot boxes do not count. The current Minister of Transport, Rotimi Amaechi exhibits well that notion as reported on STV by an analyst on “Nigerians Vote” programme. Fake results sheets could be made available to the presiding polling booths’ officers but the real result sheets could be found elsewhere, like the reported results sheets meant for Enugu found in Kogi. As a returning officer you are just handed a ‘do-or-die’ result sheet to announce and so be it. Just like the whole world knows that Borno State is currently a war zone and within 10 minutes of stating 2019 elections bombs were exploding in different directions of the state and people were still asked to come out to prove that they were part of an election to usher in a winner in a state that carries more the dehumanising nature of Nigeria. You ask IDPs to come to vote as well as commit themselves as human shields in Borno State where some great powers are exploiting African resources close to them with pride – Chad and Niger are close to them. Why not sympathise with their ignorance and protect them as weaklings instead of exacerbating their pains by setting them out for bombardment? A place that ought to be declared emergency zone like Al-Bashir had declared selfishly Sudan for the interest of his foreign acolytes in the exploitation of Africans. Note also that Paul Biya came to power recently without counting on elections in the northern part of Cameroun where Cameroun shares border with Nigeria and Chad. Note also that Chad sees the zone as emergency zone and can deploy French military to crush any suspected insurgent group as it did recently crushing a group it suspected as coming to overthrow Idriss Derby Itno. In effect Borno ought to be exempted from Nigeria’s election till the state is stabilised. Kano State was known to have taken the life of the entire family of its electoral officer in the last election and it is still a contendin g base for dehumanising Nigerians as politicians throw the poor of the state to kill themselves for their selfish goals. Going through the market of Sabo in Lagos, where I buy commodities from certain people from either Kebbi or Kano, I discovered that most of them were not there and I was told that they travelled to the north to vote and I wondered at whose expense. How is it that they could ignore their means of livelihood and, indeed, part of informal trade that sustains Nigeria’s GDP for mere unfriendly election? The hopelessness and desperation could tell

AFRICA IS INTERESTED IN HAVING NIGERIA GET ITS ELECTIONS RIGHT; AND THE PROCESSES MUST SHOW THAT AFRICANS ARE ALSO HUMAN BEINGS THAT KNOW WHAT IS GOOD FOR THEIR LIVELIHOOD AS AGAINST ANIMAL INSTINCT OF ‘WHAT CAN I GET TO EAT NOW’

on Lagosians when they come back, if they decide to unleash their pains on the state as it is happening with the tanker drivers and child beggars who are daring the devil in their bid to get to the seaport and slow traffic, respectively. Fortunately Nigeria still shows some humanness or should I say adroitness in approaching the election issues. Ladeinde of STV reported that on Ahmadu Bello Way in Victoria Island where a polling area had a number of about 1060 listed that only about 116 turned out to vote. The same goes for a polling area in Shomolu where only 100 voted out of 700 listed. That is a low turnout but will it show at the end point of the returning officer? It is either sold out card readers or mature way of protesting. Victoria Island, especially, is an area where the rich people live and, even, where they decided to come out they covered the place with their vehicles with ease not fearing any upheaval. If they can come out in their big cars it seemed they know in advance what is expected. It could be interpreted to mean that whoever wins is bound to face the hard job of being challenged by their adroitness just as the current governor found it difficult to execute the tax regime he wanted to introduce or even the ‘LAWMA imbroglio. That is how government is made competitive or not and any elected post becomes a target for those who opted out to prove that it was their own way of protesting for the rejection of the politicians who presented themselves for the post. Check France where the ‘Gilets Jaunes’ are protesting; they are mostly those who opted out against the two main contenders – Marine and Emmanuel – though their protests are getting the confused support of those who voted for Marine, the far right. Lagos has so far shown a relatively more mature approach to the elections as I also saw in Festac where names are displayed in hardcopies to avoid any misgiving of card reader failure or not. Except that in Lagos logistical issues still remain pronounced as both polling booths presiding officers and collating officers still do not understand that timeliness in executing their own side of the bargain matter most. Transportation to their places of assignment is not easily procured or made available. Again the assumption that a given area is no go area because it is not in contention with any rival is quite unacceptable as it is reported that even journalists are advised not to venture into such area by security officers. This is where ballot boxes could be burnt to avoid any witnessing or even card readers could be bought in advance to stop any unwanted voter to be in such designed area as no go area. In effect you are asked to surrender your card and take a sum as preventive measure against exposing yourself to danger. There are, however more to the Lagos case than meets the eye. The important thing is to keep it to less dehumanising process; that is, acceptable to Lagosians. Africa is interested in having Nigeria get its elections right; and the processes must show that Africans are also human beings that know what is good for their livelihood as against animal instinct of ‘what can I get to eat now’. Food and shelter are basic things any government should strive to provide for its citizens so that they can overlook, or attach less emotion to, whoever intends to rule over their affairs. Like they say, every electoral mass killing justifies a recolonisation intent and it is seen as African youths troop to Europe or America on do-or-die basis. And mind you, for every 30 Africans on the street or amidst other races in a cluster of 100 humans, as representative of 7.5 billion humans on earth, six are surely expected to be Nigerians. So, wake up Nigeria. Ariole is Professor of French and Francophone studies, University of Lagos

TJimi HE BRAVE NEW VISION Agbaje dreams big for Lagos, writes Justin Mbu

imi Agbaje, the Peoples Democratic Party’s gubernatorial candidate for Lagos State recently declared his desire to make the state second largest economy in Africa by 2029, anchored on human capital development. This vision is premised on repositioning Lagos globally over the next 10 years by focusing on the development of the knowledge, skills and health of the people of Lagos. Education is so critical to any nation’s success as it becomes an anchor for economic, social and political development. Whilst a fresh debate is brewing actively about Jimi Agbaje spending up to 50% of the state’s resources in creating an education/ knowledge economy, everyone seems to be missing a second aspect of his visionary plan, which he described as having a can-do attitude, if we are going to carry it through. In reading his Big Idea document, I was quite impressed by his emotional call to Lagosians to join his freedom train with a strong conviction that nothing is impossible to do. Lagosians should not let the fear of possible failure stop them from embarking on what is going to be larger, bigger, better than anything proposed in this country. This is also the spirit he is seeking from Lagosians, who are letting the loss of their freedom over the years, manifest itself in this fear of the monster that cannot be challenged. Agbaje is now also being audacious by not only seeking to create this knowledge and educationdriven economy but plans to do so by piggy-backing this vision on an intention to invest massively in infrastructure, which is craftily locked into his education economy strategy.

He says we just do not have a choice but to build wider, longer and layered roads if we are going to ease our traffic problems. What is even more exciting is his plan to build underground transportation systems based on the ‘ground breaking’ work that Elon Musk’s company – The Boring company is now able to do in boring huge holes underground to create new transportation infrastructure at a fraction of current costs. Building underground saves the battle for right of way, minimizing potential disturbance to urban dwelling and eliminating disruptions to communities. That’s a big idea. It is clearly the Awolowo model of visioning. Talking about Chief Obafemi Awolowo, I ask that we cast our mind back to the vision that inspired the sage when 54 years ago, he built the 25-storey Cocoa House in Ibadan, which at that time was the tallest building in tropical Africa, funded 100% from the proceeds of cocoa. This same visionary leader built the first television broadcast station on the African continent also in Ibadan in 1959, 60 years ago, even ahead of France! Lagos can only be saved by a fresh, honest and legitimate visionary leader and not an operations manager chosen to be just that – an ‘operations’ manager, who naively admits that he is privileged to be a puppet to govern the current fifth largest economy in Africa. Agbaje will surely get funding to actualise his vision based on the quiet assurances from those still too timid to step out and say so publicly. First of all, he will get greater value for the money invested in executing these projects. He will definitely win the hearts of the private sector partners and funding agencies, who will trust him implicitly with their

money. They will trust how he will spend, they will trust how he will engage, they know he will give value for money and they know Jimi Agbaje will not steal. They will trust his leadership. He will also raise money from just plugging the huge holes that exist in Lagos State’s Treasury and captured in the wider financial economy of the state. Agbaje mentions the revenue from the Lagos State Chapter of the National Union of Road Transport workers estimated to be in excess of N200billion annually and asks where it is shown in the books of the state. This is income, if captured, will make the funding of his education -driven economy look even more possible. There is the Alpha-Beta company, which by the admission of its Managing Director receives at least 10% of tax revenues of Lagos State every month, serving as a conduit pipe for massive money laundering scheme, tax evasion and other vices and has become an avenue for the official corruption of government officials. To the extent that for over 10 years, this revenue was drained from the Lagos system and even signed into Law specifically for this private company (since removed from our statutes thankfully), shows how Lagos can truly fund Agbaje’s vision as it becomes additional revenue in its books. Agbaje says he will implement the Freedom of Information Act to show transparency in his financial governance and bring to every one’s notice, once and for all, how much Lagos truly earns as a state. He says his government will only seek to facilitate and not participate in the businesses of the various entrepreneurs, corporates and legitimate businessmen who seek ways to support the state’s vision. His

government will have no business in business, and it will also not partake in someone else’s business. With Agbaje’s plan to zone Lagos into economic zones, this must be great news to enterprise. Whilst, I could challenge the zoning allocation, it is clear that the concept is welcome and I am sure, his urban planners, when embedded in government might have different economic zones. For now, he proposes five zones namely, Lagos mainland, Island, VI and Ikoyi, which should become the ICT, financial and professional services hub – the traditional livewire of Lagos. Ikeja, Ikorodu and its environs will continue to focus on industrial services. Badagry and environs will focus on engineering technology, agriculture and its value chain industry, Lekki Peninsular and Epe corridor for the emerging upstream extractive industry, fishing and free trade zone and finally Apapa and its environs for cabotage, maritime and shipping. This urban matrix concept will provide the foundation for the creation of self-contained and enhanced communities with assets that will facilitate residence, schools, primary and secondary healthcare, security and police formations, social interaction parks, entertainment venues, sports venues and of course commerce and industry. This proposed urban planning concept will reduce the need for movement of people from residential to industrial areas, with the resulting benefits in the areas of traffic flow, productivity and quality of life in each community. I must give credit to Agbaje’s vision and the ingenious way he has made the creation of an education economy an anchor to drive the rest of the economy. Mbu, a legal practitioner, wrote from Lagos

T H I S D AY TUESDAY, FEBRUARY 26, 2019

EDITORIAL New Capital Rules For Banks The proposed new requirement is desirable

ver the past few decades, there has been a deluge of bank failures in Nigeria mostly occasioned by a cocktail of factors, chief among which are nonperforming loans (NPLs). These essentially are toxic items that arise from insider abuses often perpetrated by the top echelon in the banking sector, in collaboration with others outside the system. This is why the move by the Central Bank of Nigeria (CBN) to introduce new capital rules in the second quarter of the year must be applauded. With the proposed rules, it is apparent that the CBN is moving to align with the global agreement reached a couple of years ago in Basel, Switzerland—otherwise known as ‘Basel Three’. Figures from the National Bureau of Statistics (NBS) indicate that the NPL in the nation’s banking sector rose ALLOWING NPLS TO to N2.245 trillion in BALLOON FROM THE the third quarter of 2018, from N1.938 PERMISSIBLE FIVE PER CENT THRESHOLD trn in the second representTO14.16 IS BOTH UNTIDY quarter, ing about 40 per AND UNACCEPTABLE cent of the N8.7 trn 2019 federal budget. The ratio of NPLs also rose to 14.16 per cent in the third quarter from 12.45 per cent in the previous quarter, far above the CBN’s threshold of ﬁve per cent. In the same vein, the Nigeria Deposit Insurance Corporation (NDIC) said the risk assets examination of 20 deposit money banks (DMBs) as at 31st December 2016 revealed a total industry loans portfolio of N15.6trn, with the sum of N3.1trn (or 19.91 per cent) nonperforming. “The 19.91 per cent NPL ratio was a 79.04per cent increase over the average industry ratio of 11.12 per cent recorded as at December 31, 2015,” NDIC said. While many banks have gone under and several others bailed out with hundreds of billions of

Letters to the Editor

public funds, the sharp increase in bad debts over the years calls for stringent measures and tougher capital rules. It is trite that the story of bank failures in Nigeria has been largely that of bad and doubtful loans, exacerbated by a not-too-tidy supervisory oversight by the regulatory bodies. Despite the fact that the CBN’s Monetary Policy Committee (MPC) had in recent times been expressing serious concern about the rising NPLs in the ﬁnancial system, the apex bank has not done enough to exercise supervisory oversight in that direction. In our view, allowing NPLs to balloon from the permissible ﬁve per cent threshold to14.16 is both untidy and unacceptable.

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

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

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INEC: SPEEDIER RESULTS, PLEASE

t was not easy, but Nigerians braved the odds, including intimidation and threats to their life, to come out and cast their votes for their preferred candidates at the 2019 presidential/ national assembly elections. It is now the turn of the Independent National Electoral Commission (INEC) to live up to its billings by announcing the results immediately as they come in so as to avoid the immense and intense pressure being allegedly mounted on them by leaders of the All Progressives Congress (APC) to manipulate the entire process including result collation and announcement, in their favour and against the will of the people. The massive turnout of Nigerians for the polls indicates that they are ready to make a change in order to get Nigeria working again. It would be the height of callousness on the part of INEC to allow itself to be used as a tool to scuttle the will and free choice of the people. This, no doubt, is an opportunity for the commission to make history by siding with the people rather than few selfish power drunk individuals whose stock–in-trade has always been to deny the people their rights. The results coming in from different polling

n the wake of the failure of Skye Bank for which the management and board members were asked to resign, the Minister of Finance, Zainab Ahmed, had expressed serious concerns over the rising incidence of NPLs in Nigerian banks. She urged the financial sector regulatory authorities to use the defunct Skye Bank as a test case in order to restore confidence in the system. We align with the minister’s position. This, however, should not be restricted to the defunct Skye Bank, but all bank failures in the last few decades. At times, the NDIC has been caught up in the controversy over legal actions against managers and others who have caused banks’ failures. This should not be so, going forward. It is noteworthy that many men and women of influence, both in the public and private sectors, are behind NPLs and the attendant bank failures. All they got was at best a slap in the wrist while hundreds of billions of public funds have been channelled into bailing out the banks they ruined. Yet, irrespective of social status or class, anyone with direct or indirect link to bank failures should face the music. It is our expectation that the proposed new capital rules by the CBN will address those lapses that encourage the growth of NPLs, sundry insider abuses and laxity in the banking industry.

centres across the country indicate that the candidate of the Peoples Democratic Party (PDP) Alhaji Atiku Abubakar, is leading in the presidential polls. This is in spite of the fact that Atiku’s strongholds were deliberately militarized by the authorities as cases of violence purportedly instigated by the ruling party were recorded in those places. Nigerians have played their own part. Prof Mahmood Yakubu, and INEC as a whole, must play theirs by resisting every form of harassment and intimidation from whatever quarters and see this as an opportunity to write their names in history and etch them in gold. Whatever happens at the end, Prof Yakubu will forever be remembered either in honour or in infamy. The choice is his. Nigerians on their part are even readier and more willing to defend their free choice more than ever. They have suffered enough and have spoken loudly with their PVCs, and their voice must be respected. INEC should make haste to clear the doubts of Nigerians over its impartiality in this contest by announcing the results immediately. Nothing short of this would be acceptable to Nigerians! Jude Ndukwe, Lagos

INEC AND AD HOC STAFF

nyone who has been following the INEC tussles right from the beginning will testify that the Independent National Electoral Commission under the leadership of Prof. Mahmood Yakubu was not set for the conduct of the elections in spite of their so-called preparedness. The most patent instance was the list of INEC ad hoc staff: the fact that the commission had no definite and organised way of selecting them is enough to posit that the commission was not well organised for the task. Having subjected the students and corps members to an excruciating stress during the screening, the commission selected randomly from the applicants and disposed of the rest without any tangible reason for disqualifying them. The most surprising part of it was that INEC list contained the names of some candidates who didn’t partake in the training or the examination. If INEC knew that they wanted to select candidates randomly they shouldn’t have subjected the applicants to so much stress. Many wasted their time, energy and money. The worst part was how INEC left the shortlisted ad hoc staff under the cold weather on the night of the election without caring about their security and welfare. It’s sad that the commission which has no other function than to conduct election once in four years now impulsively disappoints fellow Nigerians at the eleventh hour. Nurudeen Akewushola, UDUS

5 ) * 4 % ": t TUESDAY, FEBRUARY 26, 2019

T H I S D AY ˾ TUESDAY FEBRUARY 26, 2019

POLITICS

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

TRENDING NEWS

Saraki

Oduah

Obasanjo

Ubah

Melaye

Moghalu

T H I S D AY ˾TUESDAY FEBRUARY 26, 2019

STATE OF THE POLITY

Okorocha

Olawepo-Hashim

Dankwambo

Akpabio

Dodara

Archibong

T H I S D AY ˾ Ͱʹ˜ Ͱͮͯͷ

FEATURES

Group Features Editor: Chiemelie Ezeobi Email chiemelie.ezeobi@thisdaylive.com, 08152252325

Integrating West Africa as One Tourist Destination At the recently concluded 2018 World Travel Market in Excel London, United Kingdom, tagged ‘Boundaries Unlocked’, stakeholders proposed integrating West Africa to become one tourist destination for travel lovers, writes Funke Olaode

Stakeholders at the event

ithout gainsaying, an integrated West Africa travels provide unlocked boundaries and great opportunities of rapid tourism growth worldwide. However, West Africa still appears to lag behind and even below the average growth rate of tourism development on the African continent. According to UNWTO data, international tourist arrivals grew six per cent in the first six months of 2018, compared to the same period last year, reflecting a continuation of the strong results of 2017. Europe, Asia and the Pacific led growth in the January-June 2018 period, with arrivals increasing to seven percent in these regions. The Middle East and Africa also recorded sound results with five per cent and four per cent growth, respectively, while America saw a three per cent increase during the same six-month period. Notwithstanding these robust tourism numbers from most of the regions, Africa tourism only grew by a mere four per cent. Of these, the West African sub-region registered the lowest numbers in term of travel and tourism. When talking about West Africa, it is referred to very large sub-region of the African Continent with an estimated population today of over 385 million, spanning 15 countries, from small Cabo Verde in the far

west, with just over half a million inhabitants, to giant Nigeria in the south of the sub-region with almost 200 million. West Africa is a diverse patchwork of countries, ranging from massive deserts in the north to lush tropical forests in the south, and just

Although, no visas are required today for West African citizens to travel from one country to another, major travel impediments remain. Air transport in particular, and transport infrastructure generally, remain, to date, the biggest challenges for travel and tourism development in Africa in general and for West Africa, in particular

about every terrain and climate imaginable in between. The flora and fauna of this vast sub-region of the African Continent create the backdrop and context of the myriads of its colourful inhabitants. Whether inhabited by desert nomads in the northeast or peoples in the forest of the southern part of the sub-region, or the swelling number of millions of city dwellers, West Africans are diverse, rich in cultural traditions and lively peoples by nature. Indeed, outsiders are generally astounded by the diversity of peoples and cultures, and the open friendliness of the West Africans they come in contact with. These are indeed the strong ingredients and rich stuff that bodes for the enormous potential for tourism development in West Africa. Yet, only a minuscule number of the hundreds of millions of West Africans know much about other countries in the sub-region and still far fewer numbers have travelled from one country to another. As tourists in the sub-region, the numbers become infinitesimal. Collaborative Effort Against the aforementioned of lack of continental identity, Minister of Tourism and Transport and Minister of Maritime Economy, Cabo Verde, Dr. Jose da Silva Gonçalves said collaborative effort would be needed to be able to achieve much to be

able to catch up with the developed world in tourism. Gonçalves made this known at the West African Tourism Minister ’s Stakeholders Forum held on Monday, November 5, during the 2018 World Travel Market in Excel London. According to him, he was often struck by the awe on many fellow West African faces when they ask him where he is from as only the elites seem to have knowledge of the small archipelago nation, some 500 km off the West Coast in the Mid Atlantic. He added: “I sadly admit that we West Africans do not know each other well and have much to learn about how diverse yet how similar we are to one another in spirit and disposition. This likeness is nowhere more evident than in our fantastic music! We need but to turn on a West African beat to see people gyrate and vibrate. However, I am optimistic that travel and tourism will bring us closer together. Of course, once we overcome some logistics hurdles that seem to impede our getting around visiting each other.” Speaking further, he pointed out: “Although, no visas are required today for West African citizens to travel from one country to another, major travel impediments remain. Air transport in particular, and transport infrastructure generally, remain, to date, the biggest challenges for travel and tourism development in Africa in general and for West

26.02.2019

WEEKLY PULL-OUT

2019 ELECTIONS AND THE PRESIDENTIAL ‘DEAL RUTHLESSLY’ ORDER

President Muhammadu Buhari

Mahmood Yakubu

Atiku Abubakar

2/DASHBOARD

26.02.2019

Applicability of Section 15(a) (now 17) of the Copyrights Act, 1999 to Previously Acquired Rights PAGE 4

Eﬃcient Dispute Response Mechanism Critical to Maritime Sector Growth – NIMASA DG PAGE 5

Supreme Court Upholds N2.5m Lower Court Judgement Against Emirates Airlines PAGE 5

QUOTABLES A ‘ PC with their internal crisis, they are not participating in the elections....They are not fielding candidates in the National Assembly, Governorship, and the State House of Assembly, only Presidential. So, why kill their own people, because they are participating in the Presidential election?....On 18/8/18, when there was supposed to be a by election....the Police were the ones aiding the militants, the hoodlums, the thugs, to cart away electoral materials, and that is what they are trying to do now.’ – Nyesom Ezenwo Wike, CON, Lawyer, Life Bencher, Governor of Rivers State A ‘ ny Judge that is tainted or afflicted, by either corruption or any activity that undermines the administration of justice, ought to respect the institution, by removing themselves....Every Judge has a moral burden, to step down in circumstances which undermine public confidence in their office.’ - Yemi Candide Johnson, SAN

Lagos AG Lauds International Recognition of State’s DNA Forensic Centre PAGE 6

‘Every Lawyer should have an Attitude of Selfdevelopment’ PAGE 6

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

MICHAEL JONATHAN NUMA The word “Canvass” in legal parlance means to discuss thoroughly, to advance an issue, to examine a question in detail. This column attempts to critically analyse trending legal issues across several jurisdictions bordering on topics making the rounds at the material time, ranging from judicial decisions, to policy statements, guided political simulations, and socio-economic matters to statutory interpretations by commentators within and outside the legal profession, proffering constructive criticism based on different well thought out perspectives. The writer, Michael Numa obtained his LL.B (Hons) and LL.M (Hons) from Delta State University and Queen Mary College, University of London respectively. He is a member of the School of International Arbitration London, Member of the Chartered Institute of Arbitration UK, Member of the Chartered Institute of Patent Attorneys U.K. He is the Managing Associate of Messrs Karina Tunyan (SAN) & Co in the FCT, Abuja, Nigeria. He is an Intellectual Property and Private International Law Practitioner.

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

Of Violence and Law Enforcement

t’s ironical that, most of the violence that was unleashed during last Saturday’s elections, seemed to have been done by APC thugs and the Army! Why must anyone be disenfranchised, because they are not voting for you? Isn’t the essence of democracy, free will and choice? The desperation on all sides, to win elections, whether APC or PDP, is so alarming, making it clear that their reasons for running for office, are far from being altruistic.

the ballot papers were snatched and thrown into gutters and drains, so they could not be utilised. Where were the Soldiers and Police, to apprehend and shoot these thugs? My friend who went home to Nembe, Bayelsa State to vote, informed me that he was eventually unable to do so, as APC thugs spent the night before the election, shooting and frightening people, while the soldiers looked the other way, and instead, prevented people from voting there (and Rivers State), by restricting their movement.

Murderous Instruction I have consistently maintained that, President Muhammadu Buhari (Baba) and his Government, have no regard for the rule of law, and absolutely no use for the provisions of the 1999 Constitution of the Federal Republic of Nigeria (as amended) (the Constitution). Baba has regularly breached his Oath of Office as President as contained in the 7th Schedule to the Constitution, which provides inter alia that, “....I will discharge my duties to the best of my ability, faithfully and in accordance with the Constitution of the Federal Republic of Nigeria and the law....”. So, I cannot say that I felt particularly thunderstruck, when Baba warned political thugs, ballot box snatchers and their ilk, that they may pay with their lives, should they embark on those type of illegal activities on election day. Once a despot, always a despot! Baba had instructed the law enforcement agencies, including the Army, to be ruthless with such miscreants. Pity that this instruction, was not extended to APC thugs, who had a field day in Lagos, and other places. Why an unlawful death sentence, when we all know that election malpractice, is well provided for in the Electoral Act (EA), in several sections like 129 and 131, which prescribe punishments of up to three years imprisonment and N1 million fine, for snatching of election materials and electoral violence. I wondered what could be the rationale behind Baba’s murderous instruction, which the Chief of Army Staff vowed to obey. Was it really to discourage election malpractice (we all know that the death sentence has not in any way, served as an effective deterrent to crime), or to discourage voters from coming out enmasse to vote? Not just that the latter was probably the case, as it is natural for people to be reluctant to go to a place where shooting may erupt at the drop of a hat, and they could be caught in a cross-fire, Baba’s unlawful instruction, seemed to be meant for opposition thugs, not APC thugs. I watched a video where unarmed APC thugs, simply emptied the ballot boxes into a nearby gutter after votes had been cast, and the Policeman on site, who seemed to also be unarmed, could only make an extremely feeble attempt to stop the thugs who outnumbered him! Where were the “shoot to kill” soldiers then? They were nowhere in sight. On Election Day, I did not sight one soldier at my polling booth (only the Police), nor did I see any soldiers on the various television clips, in which voters who were interviewed, claimed that they were scared and chased away by hoodlums; they showed ballot boxes that had been snatched, burnt, destruction of ballot papers, eruption of violence, for example, in Ago Okota area in Lagos, which seems to be densely populated by Igbos who do not support the APC, an opposition stronghold, so to speak. Likewise, somewhere in Isolo where the APC was also not favoured,

Feelings of Nausea What, however, has nauseated and flabbergasted me, is how Keyamo, SAN (and other APC Lawyers), have sought to give a warped interpretation of the law, stretching definitions to ridiculous limits, in a bid to justify Baba’s unlawful instruction. I watched a debate between Keyamo and Senator Melaye on television last week, and even though I do not particularly care for Senator Melaye and his theatrics, which I believe are highly unbecoming of a Senator of the Federal Republic of Nigeria, some of his observations were correct. I found it rather unpalatable, the level to which Keyamo, a so-called Senior Advocate of Nigeria, went, by not only sanctioning Baba’s invitation to violence, bloodshed and anarchy, as the correct and defensible position of the law, but this habit which he has, of insisting that people apologise when they express an opinion which he sees as uncomplimentary about Baba (boot licking of the highest order). Hello! Keyamo, SAN, the last time I checked, we were supposed to be in a democracy, where freedom of thought and expression, are enshrined in Sections 38(1) and 39(1) of the Constitution. Let me state categorically that, I hold court for no one. Majority of our politicians, whether APC, PDP or XYZ, are a bunch of self-serving hypocrites, who have little or no care, love or respect for the Nigerian people, and treat us as if we are morons. In 2015, the PDP tried to bring in the Army into the elections, and they were shouted down, especially by the APC which was then the opposition. In 2019, the APC, now the ruling party, has done the same thing they condemned the PDP for in 2015, on an even grander scale!

Mrs Ronke Kuye voting at a Parkview Estate Polling Unit

Keyamo’s School of Law Keyamo defined a thug as a murderer, a robber and a vicious person. I do not dispute the fact that, those are synonyms of the word “thug”, which is defined as “a violent person, especially a criminal”. However, in the context of ballot box snatching, which is what is applicable here, a thug is a ruffian, hoodlum, bully or hooligan. We have not heard of any thug who went to snatch ballot boxes, and killed people while so doing, and even if such has occurred in the past, it is not the norm, neither is it a common occurrence, enough to warrant the Army being called upon by the President, to deal ruthlessly/ kill. Senator Melaye made the point that, even armed robbers are not just shot like that. They are usually arrested, tried, and then sentenced to death on conviction. Since ballot box snatching is not new to our electoral process, if the violence involved in it was that grave, then the punishments prescribed in the EA, would have been as harsh as those of murder and armed robbery. Keyamo went ahead to define snatching ballot boxes, as treason, which is punishable by death,

or treasonable felony, which punishable with life imprisonment. Black’s Law Dictionary 9th Edition defines treason as “the offence of attempting to overthrow the government of the State to which one owes allegiance, either by making war against the State or by materially supporting its enemies”. With all due respect to the so-called Learned Silk, by any stretch of the imagination, snatching of ballot boxes cannot fit into this definition, especially in the case of what we saw in places like Ago Okota, where it was the APC thugs doing the snatching. Of course, Baba’s directive was targeted at the PDP or any of the other opposition parties, even though Keyamo claimed it was not, stating that the instruction was not aimed at any political party specifically; because, surely, an APC thug snatching a ballot box, in order to rig the elections in favour of his party, cannot be said to be trying to overthrow the same APC Government, which he/she is working for. If snatching of ballot boxes, amounts to treasonable felony as Keyamo wrongly asserted, it is not punishable by death. Keyamo, more or less concluded that, snatching of ballot boxes is also armed robbery, and since the penalty for armed robbery is death, it was alright for law enforcement to kill miscreants extra-judicially, without trial and conviction, since an armed robber that is found guilty by a court of law, will also be sentenced to death. In other words, why bother to waste time and go through trial, when either way, it will result in death? It is sad and disheartening, when those who are looked upon as being well versed in the law, use public media, to mislead and misguide the largely uninformed public, to their own advantage or to advance their own causes. It is a betrayal of the trust reposed in them, not only by the body which has conferred them with such a high privilege, but to the unsuspecting public. The Position of the Law The true position of the law, is that President Buhari is not empowered by any constitutional provision, to instruct the Army or any law enforcement agency, to deal ruthlessly with anybody, or make them pay with their lives for infractions, be it election malpractice or otherwise, especially when they have not gone through a proper trial. In any event, Baba is not a High Court Judge, and even a High Court Judge, can only make a pronouncement of death, when an accused person has gone through the rigours of a trial, and is found guilty of a crime, which attracts the death penalty as punishment. Section 217 of the Constitution provides for the Armed Forces which includes the Army, Navy and Air Force, and clearly defines their functions in Section 217(2)(a)-(c), and shooting political thugs or ballot box snatchers, is not one of them. The functions of the Armed Forces, are: to defend the nation from external aggression, maintain Nigeria’s territorial integrity and secure her borders from violation, suppress insurrection and assist civil authorities in the restoration of order, when called upon to do so by the President. Nothing in these provisions, can be said to be remotely connected to election malpractice. By virtue of Section 214 of the Constitution, it is the Police that has the mandate to maintain law and order, and even then, they do not have

Thugs emptying ballot boxes into a nearby gutter at an Okota Polling Unit, while the Policeman on duty, was unable stop them

ONIKEPO BRAITHWAITE

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

“....BABA IS NOT A HIGH COURT JUDGE, AND EVEN A HIGH COURT JUDGE, CAN ONLY MAKE A PRONOUNCEMENT OF DEATH, WHEN AN ACCUSED PERSON HAS GONE THROUGH THE RIGOURS OF A TRIAL, AND IS FOUND GUILTY OF A CRIME, WHICH ATTRACTS THE DEATH PENALTY AS PUNISHMENT” the right to kill without lawful justification. In Yusuf v Obasanjo 2005 18 N.W.L.R. Part 956, the Court of Appeal held that, it is the duty of the Police to protect our nascent democracy, and not the military, so that our democracy will not be militarised. What would you call Baba’s instruction, if not an attempt to militarise our democracy? My Experience My polling booth 017, was at Jabita Close, Ikoyi. The INEC officials got there late, showing up about past 10am. Accreditation and voting did not start till almost 11am. Without the assistance of residents of the area, who gave out numbers to voters on arrival (I was No. 98), and organised voting queues, voting would have been more chaotic. It took me about two hours to vote. The smart card reader, did not functional optimally. Having read my card, like in the case of most people, it was unable to authenticate our fingerprints, and we had to thumbprint the voter’s register and provide our phone numbers, before our fingers were marked, and we were then permitted to vote. In my opinion, there were not enough INEC staff to conduct the voting exercise, making the whole experience unnecessarily long and tedious. The election was to be conducted in six hours. If our voting point had up to the maximum of 750 voters, as provided for by the INEC Guidelines, at the slow pace of my unit, only about 300 people would have been able to vote within the approved timeline! I then proceeded to nearby Parkview, where their own voting exercise was more seamless and organised than ours, also thanks to their residents. They had two voting points within their Estate, which obviously made things easier. All in all, the elections may have been free and fair in some areas, but certainly not nationwide. It was marred with pockets of violence, perpetrated by thugs, who disrupted the voting process in many areas, killings in places like Abonema, Rivers State (where there was a great deal of gunfire in broad daylight, akin to shooting in cowboy movie), where even a Policeman was arrested by the people for trying to steal election materials, the killing of a 25 year old man in Ibadan, while he was simply trying to vote, the killing of a young lady who was an NYSC INEC ad-hoc staff, accusations of abductions of INEC staff, even by a top government official, in order to pressurise the staff to write favourable results for his party. Ultimam exspectamus eventus (we await the final results)!

4/LAW REPORT

26.02.2019

Applicability of Section 15(a) (now 17) of the Copyrights Act, 1999 to Previously Acquired Rights

T Facts

he Appellant commenced the suit against the Respondents, claiming infringement of its copyright guaranteed by the Copyright Act. The Respondents challenged the locus standi of the Appellant, by filing a Preliminary Objection seeking an order of court dismissing the suit on the ground that the Appellant lacked the locus standi under Sections 15(a) and 32 of the Copyright Act, 1999 (as amended), having not complied with the mandatory condition precedent of possessing a valid and subsisting Collecting Society’s Licence issued by the Nigerian Copyright Commission (NCC), before initiating the action. The trial Court dismissed the Preliminary Objection, holding that the Appellant has the locus standi to institute the action as an owner, assignee or an exclusive licensee of the copyright, in compliance with the provisions of Section 15(1) of the Copyright Act. The Respondents successfully appealed the decision to the Court of Appeal, which set aside the ruling of the trial court. The Appellate Court held that, failure of Appellant to adhere to the condition precedent for bringing an action for infringement of copyright under the Copyright Act, temporarily deprived the Appellant of the locus standi to institute and prosecute the suit. Aggrieved by this decision, the Appellant now appealed to the Supreme Court. Mary Ukaego Peter-Odili, JSC

Issue for Determination The issue adopted for determination of the appeal is: Whether by virtue of the provisions of Sections 16(1), 17, 19 and 39(1) & (3) of the Copyright Act Cap C.28, Laws of the Federation of Nigeria, 2004, the Appellant can lawfully commence infringement proceedings against the Respondents in respect of the musical works and related audio visual available and broadcast within the territory of the Federal Republic of Nigeria?

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 14th day of December, 2018 Before Their Lordships Mary Ukaego Peter-Odili Olukayode Ariwoola Kudirat Motonmori Olatokunbo Kekere-Ekun Amina Adamu Augie Sidi Dauda Bage Justices, Supreme Court SC.425/201

Arguments For the Appellant, it was argued that copyright is a propriety right exercisable over certain types of intangible/memorable property; and so, a person having a legal right over such property, is entitled to enforce his right in accordance with the laid down principles of law contained in the Copyright Act, and as so secured under Section 44 of the Constitution of the Federal Republic of Nigeria, 1999. Counsel argued that, the Copyright Act recognises five category of persons who can institute an action for copyright infringement, either in a personal or representative capacity as – (i) owner; (ii) assignee; and (iii) exclusive licensee of copyright in a work under Section 16 of the Act; (iv) a person carrying on business of negotiation, granting licenses, collection and distribution of royalties for not more than 50 owners of copyright under Section 17 thereof; (iv) association of copyright owners (Collecting Society) which may be formed pursuant to Section 39 of the Act. The Appellant argued that, it is not a Collecting Society, but an owner, exclusive licensee and an assignee of copyright, in the works sought to be protected. Counsel submitted further that, the Copyright (Amendment) Decree No. 42 of 1999 which introduced Section 15(a) (now 17), is not retrospective as the Act specifically stated its commencement date as 10th May, 1999. The Respondents on their part, argued that parties are bound by their pleadings, and it is the statement of claim that determines the jurisdiction of Court. Counsel submitted that, by the Appellant’s pleadings, it is a registered association, limited by guarantee, with the principal objective of negotiating and granting licences and distributing royalties to its members, who are the actual owners of the copyrights to their original works. Thus, the Appellant is a Collecting Society under Section 39 of the Copyright Act – AMADI v NNPC (2000) 6 SC (Pt. 1) 66 at 92 and 100. That they lacked the locus standi to institute the action, because it is a collecting society which was not shown to have been granted a licence to operate by the Nigerian Copyright Commission.

or communicate the work to the public, by a loudspeaker or any similar device. Section 8(1) & (2) thereof explains copyright in a broadcast, as the exclusive right to control the doing in Nigeria of any of the acts in the sub-sections. However, Section 10(1), (2) and (3) make clear provisions in respect of first ownership of copyright, that copyright vests initially in the author, but where a work is commissioned by a person who is not the author’s employee under a contract of service or where a literary, artistic or musical work is made by the author in the course of his employment by the proprietor of a newspaper, magazine or similar periodical under a contract of service or apprenticeship as is made for the purpose of publication, the said proprietor shall in absence of any agreement to the contrary, be first owner of

Court’s Judgement and Rationale In determining whether a party has locus standi, the court would have recourse to the Plaintiff’s pleading as the standing to sue, and does not depend on the success or merit of the claim, but on the interest of the Plaintiff in the subject matter. BASINCO MOTORS LTD. v WOERMANN-LIME & ANOR (2009) 13 NWLR (Pt. 1157) 149. There was nowhere in the statement of claim, where it was pleaded that the Appellant is a Collecting Society. Further, Section 6(1) of the Copyright Act provides that copyright in a work, is the exclusive right to control the doing in Nigeria of any of the acts inter alia: distribute to the public, for commercial purposes, copies of the work by way of rental, lease, hire, loan or similar arrangement; broadcast

“....THE COPYRIGHT (AMENDMENT) DECREE NO. 42 OF 1999 WHICH INTRODUCED SECTION 15(A) WAS NOT RETROSPECTIVE, AS THE DECREE HAD SPECIFICALLY STATED ITS COMMENCEMENT DATE TO BE 10TH MAY, 1999”

Between Musical Copyright Society of Nigeria (Limited/Gte) MCSN ......... Appellant And 1. Compact Disc Technology Limited 2. Nu Metro Home Entertainment (West Africa) Limited 3. Nu Metro Retail Nigeria Limited ............Respondents (Lead Judgement delivered by Hon. Mary Ukaego Peter-Odili, JSC)

copyright in the work, in so far as the copyright relates to the publication for the purpose of its being published. In all, the author shall be the first owner of copyright in the work. In relation to assignment and license of copyright, the court pointed out Section 11(1) and (3) of the Act, which provides that copyright shall be transmissible by assignment, by testamentary disposition or by operation of law as movable property, and that no assignment of copyright and no exclusive licence to do an act, the doing of which is controlled by copyright, shall have effect unless it is in writing. On who can institute an action for infringement of copyright, the court noted the provisions of Section 16(1), which states that a copyright shall be actionable at the suit of the owner, assignee or an exclusive licensee. Also, on limitation as to the right for copyright infringement, the court pointed out that, persons carrying on business of negotiating and granting licence, persons collecting and distributing of royalties in respect of copyright works or representing more than fifty owners of copyright in any category, were restricted from commencing or maintaining an action as found in Section 17 of the Act, unless it is approved under Section 39 to operate as a Collecting Society, or is issued a certificate of exemption by the NCC. The Collecting Society by Section 39, may be formed in respect of any of the rights of copyright owners and such society may apply to the Nigerian Copyright Commission for the approval to operate. The NCC may approve a society, if it is incorporated as a company limited by guarantee, its objects are to carry out the general duty of negotiating and granting copyright licence, and collecting royalties on behalf of copyright owners and distributing same to them. By the community interpretation of Sections 10, 11, 16, 17 and 39 of the Copyright Act, five categories of persons can institute an action relating to infringement of copyright either personally or in a representative capacity. Though the latter capacity requires a licence or exemption, the former is not so required, in order to have its rights exercised. Therefore, the right to sue is exercisable either jointly or severally, by any one or more of the categories listed. On the crucial nature of the applicable law to the case, the court held that, it was the law existing at the time the cause of action arose and not the law at the time the suit was instituted, that would govern the suit. In interpretation of statutes, there is a presumption against retrospective application, unless it is expressly stated in the statute. By the pleadings of the Appellant, it acquired its copyrights in the various musical works in issue, as far back as 1986. As at the time, it had vested rights, which are capable of being protected. The acquisition of the rights preceded the enactment of the Copyright Act, and the establishment of the NCC. The commencement of the Copyright (Amendment) Decree, was 1999, which was after the exclusive rights were transferred to the Appellant. The issue of the Act being retrospective, had been settled by the court, per Karibi-Whyte, JSC in OJOKOLOBO & ORS v ALAMU & ORS (1987) 2 NSCC 991 that the presumption of retrospective, is displayed by the provisions of a commencement date which is a future date. Thus, the Copyright (Amendment) Decree No. 42 of 1999 which introduced Section 15(a) was not retrospective, as the Decree had speciﬁcally stated its commencement date to be 10th May, 1999. By virtue of being the owner, assignee and absolute licensee of the copyright in the works in issue, the Appellant had vested rights which included the right to institute an action for infringement of copyright, which could not be taken away by Section 15(a) of the Copyright Act. There was no feature of the case, that prevented the trial court from assuming jurisdiction to determine the suit. The Supreme Court is bound by its earlier decision in ADEOKIN RECORDS & ANOR v M.C.S.N. LTD/GTE delivered on 13th July, 2018 – Appeal No. SC336/2008 where the Court dismissed the appeal of the Respondents against the finding of the trial court, that the Appellant as owner, assignee and exclusive licensee had the locus standi to institute the action. The appeal was thus, allowed, while the decision of the Court of Appeal was set aside. The matter was thereafter, remitted to the Chief Judge of the Federal High Court for assignment to a Judge, in order to be determined on the merits. Appeal Allowed. Representation: D.A. Awosika with N.F. John for the Appellant. Respondents were absent and unrepresented by Counsel. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

26.02.2019

NEWS/5

Court Fixes April 2 to hear NGO’s Suit Against AGF, NPA, over Warri Dredging Contract

Director of Studies, Nigerian Institute of Advanced Legal Studies, NIALS, Associate Professor Emmanuel Okon, Justice of the Court of Appeal, M.L. Garba, Director-General, Nigerian Maritime Administration and Safety Agency (NIMASA), Dr. Dakuku Peterside, Chief Judge of Akwa Ibom, Justice Godwin Abraham, and the Executive Director, (Maritime Labour & Cabotage Services) NIMASA, Mr. Gambo Ahmed at the 8th Strategic Admiralty Law Seminar for Judges organised by NIMASA in conjunction with NIALS in Lagos.

Efﬁcient Dispute Response Mechanism Critical to Maritime Sector Growth – NIMASA DG ...Hosts Admiralty Law Seminar for Judges Stories by Akinwale Akintunde

this opportunity, to appeal to our Judges to facilitate timely resolution of disputes The Director General of the for maritime cases, as we all Nigerian Maritime Administra- have one role or the other tion and Safety Agency (NI- to play in catalysing the MASA), Dr. Dakuku Peterside, Nigerian economy”, the has urged the Nigerian judicial DG said. Meanwhile, Dr. Peterside system to ensure efficiency and timeliness in the dispensation of disclosed that, the Agency justice in maritime related cases, has already ratified 40 Conas it will boost stakeholders ventions of the International and investors’ confidence in Maritime Organisation (IMO) and International Labour Orthe system. The DG who stated this last ganisation (ILO) on maritime week during the 8th Strategic safety, maritime labour and Admiralty Law Seminar for marine environment manageJudges organised by NIMASA ment, domesticating 19 of in conjunction with the Nigerian these Conventions either Institute of Advanced Legal by adoption, regulations Studies (NIALS) in Lagos, or by incorporation under with the theme: “Strengthening the Merchant Shipping Act, Nigeria’s Admiralty Regime 2007. Speaking further, he stated through Effective Implementation of International Maritime that, the Agency is working and Labour Instruments”, closely with the Federal reiterated the fact that, the Ministry of Transportation maritime sector in Nigeria has under the auspices of an a lot of opportunities to become Inter-Ministerial Committee, an economic driver, and this to ratify an additional six can be fully actualised when IMO conventions before the various arms of government the end of 2019, to ensure work together collaboratively. that Nigeria as an IMO “Timeliness in justice dispen- member State fulfils its treaty sation, is very key to realising obligation. These conventhe potentials in the maritime tions are; The Hong Kong sector, so that investors’ can International Convention for trust our judicial process. The safe and environmentally more time taken on a case, the sound recycling of ships more investment opportunities 2009; Protocol Relating to are lost; I therefore, wish to use Intervention on the high

seas in cases of oil pollution casualties (Intervention Protocol) 1973; 1996 Protocol on limitation of liability for maritime claims (LLMC). Others are; 2002 Protocol relating to the carriage of passengers and their luggage by sea (PAL) 1976; International Convention on Standards of Training, Certification and Watch keeping for Fishing Vessel Personnel (STCW-F) 1995; and the Protocol of 2005 to the Convention for the Suppression of Unlawful Acts against the Safety of Maritime Navigation. He also gave the assurance that, NIMASA as a responsible agency, is working with relevant stakeholders under the auspices of the IMO Mandatory States Audit Scheme (IMSAS) Corrective Action Plan Committee, to ensure that all queries raised in the 2016 IMO Audit report on Nigeria’s maritime sector, are addressed before the first quarter of 2019, in order to boost Nigeria’s reelection bid into Category ‘C’ of the IMO General Council. In the area of maritime security, which is critical to actualising safe and secure shipping, the NIMASA DG informed participants that the draft suppression of piracy

and other maritime offenses bill facilitated by the Agency, aimed at criminalising piracy and other maritime offences, has been forwarded to the National Assembly, adding that the bill has passed first reading in both chambers of the National Assembly. He also expressed optimism that, it will be passed into law before the end of the 8th Assembly. “NIMASA remains committed to playing its part in ensuring the implementation of relevant maritime treaties, to ensure the growth of the maritime sector and admiralty regime”, Dr. Peterside averred. On his part, the Director General of NIALS, Professor Adedeji Adekunle, who was represented by the Director of Studies, Associate Professor Emmanuel Okon of NIALS, corroborated the stance of the DG, NIMASA on the need to expedite judgement on maritime related cases. “The crux of the matter lies on enforcements and the stakeholders who happens to be the Judiciary”, he said. He also gave the assurance that, NIALS will continue to partner with NIMASA, in order to realise a timely CONTINUED ON PAGE 6

Justice Muslim Hassan of the Federal High Court sitting in Lagos, has fixed April 2, 2019 to hear a case filed by a nongovernmental organisation, Cadrel Advocacy Centre, against the Attorney-General of Federation (AGF), the Nigerian Ports Authority (NPA) and Dredging International Services Ltd, over the award of contracts of the dredging of the Warri Channel. The NGO had dragged the Defendants to court, asking it to direct the AGF and NPA (1st and 2nd Defendants), to withdraw the letter awarding the contract to the 3rd Defendant, Dredging International Services Ltd. The Claimant had hinged its prayer on the ground that the contractor, which is a sister company to another company (Dredging International Services, Cyprus), was convicted of fraud and financial impropriety. The Claimant submitted that, the two companies shared the same Directors, with both of them owned by the DEME Group Belgium, and same was not legally qualified to execute contracts in Nigeria. When the matter came up last week, for the first time Lawyers for the NGO, NPA and Dredging International Services Nigeria Limited were in attendance. The NGO was also represented by its Executive Director, Evans Ufeli. Justice Hassan, however, adjourned the suit till April 2, 2019 to enable parties file all the necessary responses. The Claimant through its counsel, Chief Mike Ozekhome, SAN, had prayed the court, to declare that by virtue of Item 8 of the Expression of Interest Document of the bid released by NPA, the award of the contract for the dredging of the Warri Channel by the NPA to Dredging International Company Ltd, a company whose Directors are already in fiducial relationship with the NPA, by virtue of their membership of the same board of Bonny Channel Company Ltd, without first disclosing same to other participants in the bidding process, constitutes a clear breach and conflict of interest and public trust, reposed in the NPA. In addition, the Claimant has asked the court to declare that, by virtue of Section 57(9)(a), 57(9)(b) and 57(12)(b) of the Public Procurement Act, the award of the contract for the dredging of the Warri Channel by NPA to the Dredging International Services, a company

whose Directors are already in Fiducial relationship with the NPA by the virtue of their membership of the same board of Bonny Channel Company Ltd, without first disclosing same to other participants in the bidding process, constitutes a blatant breach and conflict of interest and public trust reposed in the NPA. The Centre also prayed the court to declare that, the certificate of no objection issued by the Bureau of Public Procurement (4th Defendant) to the NPA, to enable her award the contract on remedial works of Escravos Channel-Replacement of Aids to Navigation and Minor Dredging at Delta Ports Warri to the 3rd Defendant at the sum of $44,861,596.66, was issued in flagrant violation of the provisions of Section 16(8)(e) and (f) of the Public Procurement Act 2007 and Item 8 of the Expression of Interest Document of the bid released by the NPA and Sections 57(9)(a), 57(9) (b) and 57(12)(b) of the Public Procurement Act. The Claimant equally prayed the court, to compel the AGF to prosecute the Managing Director of the NPA for perjury, having lied on oath about her relationship with the dredging company during her presentation at the various House of Representatives Committees Investigating the matter. The Centre also prayed for an order of court compelling the AGF to prosecute Mr. Bert Willie, a Director in the Dredging Company, for perjury, having lied on oath that, neither he nor the company had a relationship with the Dredging International Cyprus, during his presentation at the Joint House of Representatives Committee investigating the matter. In addition, the Claimant prayed for an order of perpetual injunction, restraining the AGF and NPA, from further dealing or executing any contract with the Government of the Federal Republic of Nigeria. The Claimant also asked the court to make an order of perpetual injunction, restraining the dredging company from further ever dealing or executing any contract with the Government of the Federal Republic of Nigeria.

Supreme Court Upholds N2.5m Lower Court Judgement Against Emirates Airlines The Supreme Court of Nigeria, has upheld the decision of the Federal High Court in Lagos which awarded a N2.5million judgement against Emirates Airlines, over the refusal of boarding on a valid flight ticket of a US based Nigerian student, Promise Mekwunye. The Aprx Court in a lead judgement delivered by Hon. Justice Ejembi Eko, overruled

the decision of the Court of Appeal, and upheld the earlier judgement of Federal High Court. Emirates Airlines was sued in 2008 by Miss Mekwunye, who was then a student of North Texas University, Denton, Texas USA, for refusal of boarding of her two-way flight ticket from Dallas to Nigeria and back, for no reason, and for further

refusing to fully refund the cost of the ticket of American Airline she bought, to come back to Nigeria. Mekunye had in the suit filed before the Federal High Court sitting in Lagos, claimed that she had bought the airline return ticket for $2,067 in May 2007, but upon presentation of the ticket for issuance of boarding pass in December, 2007,

she was denied boarding. She further claimed that, the airline offered no reason for its action, leaving her stranded for days at the airport, until she was able to secure a more expensive flight ticket on a longer route, to Lagos. She prayed the court to order the airline to refund the full cost of her American Airline ticket, and to pay for damages she suffered as a result of the ordeal. The Federal High Court

in its judgement delivered on November 15, 2010, held that the refusal of Emirates Airline to carry Mekwunye, amounted to a breach of contract of carriage, and ordered full refund of her ticket without any deduction or charge, and further granted N2.5 million in general damages, and N250,000 in legal costs against the airline. Dissatisfied wit the High Court judgement, Emirate Airlines approached the

Court of Appeal, contending that the trial Judge erred in law when he awarded N250,000.00 in legal fees when the Plaintiff claimed N1 million, but led no evidence. The airline also contended that, the award of general damages was contrary to the Montreal Convention, which not only limits the damages recoverable, but placed CONTINUED ON PAGE 6

26.02.2019

Lagos AG Lauds International Recognition of State’s DNA Forensic Centre Akinwale Akintunde Lagos State Attorney-General and Commissioner for Justice, Mr Adeniji Kazeem, SAN, has commended the recent accreditation of Lagos State DNA & Forensic Centre (LSD&FC) by the American Association for Laboratory Accreditation (A2LA) for forensic DNA testing. The Attorney-General said, “the accreditation is an international recognition and testament of the state-of-the-art technologies available at LSD&FC, and the competency and quality of work performed by the forensic scientists”. A statement by the Commissioner, stated that accreditation followed the rigorous and successful completion of the A2LA’s physical inspection of the laboratory, audit of standard operating procedures, and evaluation of LSD&FC’s quality

management system according to “Forensic Examination Accreditation Program testing standards and requirements”. According to Mr. Kazeem, with this accreditation, LSD&FC has joined the very few laboratories in the world accredited under the latest 2017 (ISO/IEC 17025) standards in the area of forensic DNA analysis and serology. Accredited organisations all around the world, understand the value of providing high quality services that are backed by defensible data”. He explained that LSD&FC’s scope of accreditation, covers the performance of several tests including Human Blood Identification, Seminal Fluid Identification, Spermatozoa Identification, Forensic DNA Casework Analyses using Gene Mapper ID-X and Nuclear DNA Database Analyses using SmallPond Database

DNA Profiling & Matching System. “The Lagos DNA & Forensic Centre has been working closely with the Police, the Domestic and Sexual Violence Response Team, Ministry of Health and non-government organisations, to enhance public safety in Lagos State. It has played major roles in crime scene processing and rapid resolution of several cases, including Suspicious Death Investigations, Human Remains Identification, Child Trafficking, Rape, Impersonation, burglary and Paternity/Maternity disputes. “Recently, LSD&FC successfully identified all the victims from the Otedola bridge disaster. The toxicology and drug chemistry sections of the Centre, upon commencing operation, will perform scientific tests on body fluids, autopsy tissues and substances recovered from crime

SUPREME COURT UPHOLDS N2.5M LOWER COURT JUDGEMENT AGAINST EMIRATES AIRLINES obligation to prove wilful misconduct / gross negligence against the airline, before the airline can be liable for damages. The airline further contended that, the award of additional N2.5 million damages is double compensation, since the trial court had awarded the Plaintiff, the refund of the amount used in purchasing her ticket. The Court of Appeal, however, in its judgement of April 11, 2014, upheld the airline’s appeal and upturned the award of

N250,000 and N2.5 million earlier awarded to Mekwunye, by the lower court. Mekwunye subsequently, approached the Supreme Court, and the Apex Court held that, the trial court was right in ordering Emirates Airline to pay in the circumstances N2.5 million as general damages in addition to ticket refund, as the airline could not rely on the Montreal Convention for limitation of liability, when it was guilty of fundamental breach of the contract,

judicial dispensation in the maritime sector. NIMASA in line with its mandate of promoting the development of shipping and building capacity in the maritime sector, instituted the Strategic Admiralty Law Seminar for Judges with the initial target being Judges of the Federal High Court

who by provision of Section 251(I)(g) of the Constitution of the Federal Republic of Nigeria 1999 (as amended), are vested with exclusive jurisdiction over Admiralty matters. This scope subsequently expanded to include Justices of the Court of Appeal and the State High Court Judges of the

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as argued by the Appellant’s Lawyer and father, Dr. Charles Mekwunye. The Supreme Court further held amongst other things, that, the Court of Appeal was wrong to have heard and upturned the decision of the lower court, when Emirate Airlines never obtained leave of court to file the appeal as to costs. The Apex Court also held that, the airline's denial of boarding was a repudiation of its contract with Mekwunye and a breach

EFFICIENT DISPUTE RESPONSE MECHANISM CRITICAL TO MARITIME SECTOR GROWTH

scenes, with the aim of identifying drugs or chemicals that maybe present at toxic or lethal levels in the body of victims. “All Lagosians are enjoined to take full advantage of this latest development in our Justice delivery and public safety agenda, by leveraging on LSD&FC’s capabilities and continue to partner with the Government to enable us to maintain security, law and order in the State. “You may recall that LSD&FC was commissioned on the 27th of September, 2017 by Mr. Akinwunmi Ambode, Governor of Lagos State, to aid the investigation of crime by applying scientific methods to prosecution, defence, law enforcement, national security and disaster management. According to the Governor, the Centre is a practical demonstration of our Government’s commitment to the promotion of law and order, as well as providing the enabling environment for quality investigation and prosecution of cases”, the Senior Advocate stated.

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littoral States, mindful also of their strategic roles, in the dispensation of justice. Present at the event were; Justice of the Court of Appeal, M.L. Garba, Chief Judge of Ogun State, Mosunmola Arinola, Chief Judge of Akwa Ibom, Justice Godwin Abraham, amongst other notable legal luminaries.

of the fundamental term of the contract, which does not entitle it to rely on the Montreal Convention which sets limits of claims in an action between an airline and its passenger. The judgement reads in part: "In the instant case, the Appellant paid for flight ticket. She was denied boarding, even after confirming the flight three times. In consequence therefore, she was stranded for two days without explanation, apologies and alternative arrangement, and was constrained to pay for a longer route on a more expensive ticket. "It would therefore, in my view, be unfair and unjust for the Respondent as the carrier, to merely refund the flight ticket without compensation or generally damages for the lost of time, stress, embarrassment, and inconvenience she suffered in consequence of the breach of contract by the Respondent."

Legal Personality of the Week Efosa O. Ewere

‘Every Lawyer should have an Attitude of Self-development’ Please, give a brief introduction of yourself My name is Efosa O. Ewere, I attended the University of Benin, in Edo State and was called to the Nigerian Bar in 2007. I began my legal journey, when I embarked on my NYSC program in Lagos State. I cut my legal teeth in the law firm of Alegeh & Co., and subsequently, in Rohi Chambers where I remained for nine years, and rose to the position of Head of Chambers before setting out to establish my current practice, “Gravida Attorneys”. I have a passion for service and leadership, so in my own little way, I guide those younger than me in their career paths. I am currently a part of the team promoting the BABALOLA’S Law Dictionary Quiz Competition, for Young Lawyers. I am Notary Public, and a member of several professional bodies such as Women in Management, Business and Public Service (WIMBIZ), The Chartered Institute of Arbitrators (UK) Nigeria Branch (CIARB), Institute of Chartered Secretaries and Administrators of Nigeria (ICSAN) and Business Recovery and Insolvency Practitioners of Nigeria (BRIPAN), some of which I have served and currently serving, in various capacities. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? Oh yes! From technicalities in court that could arise if you are less informed about a cause of action or not meticulous, to assumptions that a particular gender should be associated with certain legal briefs.

he found out, I almost wept in court, and I pleaded emphatically with the court to reconsider its position (sweating profusely), the court agreed to relist the application after the intervention of other Lawyers and Registrars, present in court.

Efosa O. Ewere

What was your worst day as a Lawyer? It happened when I was about a year at the Bar. I had filed an Affidavit of Urgency alongside an Originating Process, and thought the method I adopted to follow up on its assignment to a court was the right way to go, only to find out later that the suit had been assigned two weeks earlier and the application for urgency was struck out in my absence. I found it so difficult to inform my boss, and with little or no experience, I had to find a solution. The Judge initially refused to grant my application and accused me of going to sleep after filing the suit. Thinking of what my boss would do to me when

What was your most memorable experience as a Lawyer? I have had so many memorable experiences, but one that comes to mind immediately, was a case I was handling which appeared seemingly less contentious, but unfortunately had a default judgement delivered against my Client, even when there were pending applications and a Statement of Defence filed before the Court. While trying to explore Alternative Dispute Resolution with the Lawyer to the Claimant, the Lawyer who initiated the Settlement moved to garnishee the Client’s accounts. I hurriedly filed an appeal against the judgement, and the appeal was almost struck out under another provision of the law, raised suo motu by the court. The moment the Judge drew my attention to the provision of the rules he intended to rely on to strike out the appeal, I almost passed out. The Client’s accounts were already being garnisheed, and the firm was facing daily tongue lashing from the Client. With no choice, I took a further date to return to address the court on the issue raised suo motu, and after thorough research, I got the proper authority that saved the day. The Judge well known for his tenacity and intellect, had to rise for a recess and

insisted I go to the Library to obtain the authority I was relying on, before he agreed with my position. It was a great relief and celebration in my office that day, the appeal was saved and subsequently, upheld. Who has been most inﬂuential in your life? It is difficult to pick one because various people have encouraged me at different paths of my life and in my career; the most are my father, Mr. Vincent Osa Ewere, Chief Charles Adogah, SAN and Mrs. Funmi Roberts. Why did you become a Lawyer? Initially, it was because I was not good with the Sciences but subsequently, I began to develop an interest in the profession which my father encouraged, and always reminded me that putting aside taste preference which is relative from one individual to another, a Lawyer can never go hungry. What would be your advice to anyone wanting a career in law? Develop an attitude of self-development at all times, irrespective of the firm you are working; do not wait to be spoon-fed. If you had not become a Lawyer, what other career would you have chosen? I would have chosen to be a Disc Jockey and Fashion Influencer. Where do you see yourself in ten years? I see myself having a prestigious, and globally recognised law firm.

26.02.2019

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

Periodic Elections and the People’s Will

by the government, and a section of the compromised or uninformed members of the public; is being harassed, intimidated and deliberately, painted with the paint brush of shame, all with a view to present a fait accompli as to why he must quit the seat of CJN. It is to put him in the moral dilemma, of being unworthy to continue to occupy the exalted position of the CJN. This is therefore, a complete travesty of justice, subversion of constitutionalism, breach of his fundamental rights and the Executive's unwarranted incursions into the sacred realm of the judiciary, contrary to the hallowed doctrine of separation of powers ably propounded by Baron de Montesquieu, the great French Philosopher, in 1748. I hereby call upon the CCT, to exercise extreme caution and be mindful of the irretrievable damage it is doing to our constitutional democracy. It was some Justices in October, 2016. It was the turn of the NASS, especially the Senate, Saraki, Melaye, etc. Then, it became the turn of the media. Remember the Daily Trust newspaper invasion? Now, it is Justice Walter Onnoghen. Who next, no one can tell. But, we know those who will never be touched with harassment or investigation: members of this government, inner circle, the cabal, their friends, family members, acolytes, minions, friends, bootlickers, defectors, cheer leaders, etc. Nigeria, we hail thee.

Introduction

y the time you read this piece, the 2019 presidential elections would have come and gone. Not being a Nostradamus (1503-1566), (the French Astrologer, Physician and reputed Seer, with a collection of 942 quatrains that predicted future events), I could and would not have known the outcome. However, the events leading to it are traumatic and foreboding enough to know that, the results would be hotly disputed, whichever side wins. Did the elections, manifest the will of the people? The most dangerous incursion into the electoral process aside INEC’s glaring unpreparedness, was President Buhari’s outburst at an APC Caucus meeting of 18th February, 2019, urging security agencies, especially the military and police to “deal ruthlessly” with anyone who snatched ballot boxes or leads thugs to disturb the elections; whom he warned, “will do it at the expense of his own life”. I had already condemned this statement as most incendiary, inflammable, combustible, provocative, unpresidential, if not wholly subversive. And more. The President and his APC party had carefully forgotten (the usual selective amnesia), that Justice Ibrahim Buba of the Federal High Court, Lagos, had in March, 2015, ruled that the practice of deploying soldiers for elections is “anti-democratic”, and that “inspite of the behaviour of the political class, we should by all means try to keep armed personnel and military, from being a part and parcel the electorate process”. He added that “the State is obligated to conﬁne the military to their very demanding assignment, especially in this time of insurgencies by keeping them out of elections. The State is also obligated to ensure that, citizens exercise their franchise freely and unmolested”. Ironically, the suit was filed by Hon. Femi Gbajabiamila (APC, Lagos), against the Chief of Defence Staff, COAS, Chief of Air Staff, Chief of Naval Staff and the AGF. The Court of Appeal, Abuja Division was later to uphold a similar position, holding that such deployment violated Section 217(2)of the 1999 Constitution. When reminded that such a statement as uttered by a whole President was wrong and inciting, the Chief of Army Staff, Tukur Burutai, said the Army would obey the President, 100%. How this mindset played out during the elections, shall be chronicled. The APC in 2015, had gladly embraced the above judgement, and in a letter written to INEC, urged it to ‘ensure, henceforth, and until there is an enabling Act of NASS, the court orders are obeyed and armed forces personnel, are never again deployed in any form of security supervision of our elections’. There were several threats: El-Rufai’s “body bags”, Mallam Garba Shehu (SSA to PMB)’s “don’t interfere in our internal affairs” warning to the USA, UK and EU Countries. One Nigerian wrote cynically as follows: “Buhari’s Security Policy...... Personality and Preference?” Shiite? Shoot dead! IPOB? Shoot dead! Ballot box snatchers? Shoot dead! Niger Delta Militants? Shoot dead!

“THE APC IN 2015, HAD GLADLY EMBRACED THE ABOVE JUDGEMENT, AND IN A LETTER WRITTEN TO INEC, URGED IT TO ‘ENSURE, HENCEFORTH, AND UNTIL THERE IS AN ENABLING ACT OF NASS, THE COURT ORDERS ARE OBEYED AND ARMED FORCES PERSONNEL, ARE NEVER AGAIN DEPLOYED IN ANY FORM OF SECURITY SUPERVISION OF OUR ELECTIONS’ ”

INEC Chairman, Professor Mahmood Yakubu

Herdsmen terrorists? Well, accommodate them, by giving up your lands to avoid them murdering you, and pray about it, hopefully they may stop someday. Boko Haram? Catch them alive, grant amnesty, rehabilitate and reintegrate them into the society. Are you still in doubt about Buhari’s personality and preferences? The CCT'S Bench Warrant for CJN Onnoghen’s Arrest: Carrying the Joke too far It was quite saddening and abhorrent, to hear that the CCT issued a bench warrant for the arrest of the CJN. For God's sake, this is bordering on a vendetta, the ridiculous, and the trivialisation of the judicial process. I condemn this unwholesome step, which put the CCT in the public domain, as being on a vengeful and extra- legal mission against the CJN. It must be pointed out that, this step by the CCT which has argued it is solely under the President and not under the Judiciary, appears to be teleguided by the dictatorial Executive, especially the Presidency. Here are my reasons for this strong view: 1. The NJC has since taken over the investigation of the CJN as provided for in Sections 153,158, 291, 292(2) and Section 21, Parts A and B to the 3rd schedule to the Nigerian Constitution. 2. The EFCC has since written a petition against the same CJN, using the same evidence as that before the CCT. 3. The CCT has itself adjourned the CJN's matter for argument, on whether it even has jurisdiction at all to hear the case against the CJN. 4. There are at least four courtm orders, directing the CCT to halt further proceedings. 5. Under the Provisions of the ACJA, a person such as Justice Onnoghen, can even be tried in absentia. He therefore, did not have to be humiliated, by being bundled to the court for arraignment like a common criminal. So, it is not a question of one being above the law. 6. By virtue of Section 8 of the ACJA, every suspect is to be accorded humane treatment, with dignity, and no suspect is to be subjected to inhuman and degrading treatment. 7. By virtue of Section 3(d) of the CCB/CCT Act, the CJN ought not to have been charged at all before the CCT, given his admission of mistaken non full compliance with the declaration of his assets. The section provides that, he shall not be charged before the CCT once he admits non-compliance. The matter ends there, as he shall be made to comply, by being given fresh forms to fill and make full disclosure. 8. The earlier order made by the CCT, that the CJN shall step aside, has since been appealed against to the Court of Appeal, and the appeal ought to be allowed to run its full course. 9. Extant decisions in NGANJIWA, NGWUTA, ELELUHABEEB CASES, et al, preclude the CCT from even touching the charge with a ten foot pole. It is very clear to me that, the CJN is being mob-lynched

The Status Quo Remains on APC Zamfara Imbroglio The Court of Appeal sitting in Abuja on 21st February, 2019, dismissed the appeal filed by the APC challenging the judgement of Justice Ijeoma Ojukwu, which had affirmed INEC’s stand that the APC did not conduct any primary election in Zamfara State, and that INEC was right to have rejected APC’s candidates from Zamfara State. The dismissal followed an application by APC, to withdraw the appeal. The application was granted and the appeal dismissed accordingly. Next was the cross appeal filed by Yari & Co, on jurisdiction and cause of action. The judgement given by the Court of Appeal, clearly stated that the appeal partially succeeded and went ahead to set aside the judgement of the lower court on jurisdiction only, but refused to grant the cause of action component of the appeal. By this, the Court of Appeal refused to grant INEC any order to revive candidates of the APC from Zamfara State. The cross-appeal therefore, partially failed because, from the onset, APC had a complaint against INEC only. Governor Yari had applied to join the case, voluntarily. And Justice Ijeoma Ojukwu, in her judgement, held that APC did not seek any reliefs against the 2nd to 6th Defendants" (i.e, Governor Yari and co). Therefore, considering the fact that Governor Yari and co did not file any counter-claim or cross-appeal against the APC's suit, she had gone ahead to hold that Yari and co "have nothing to add to this case". From the foregoing, it is clear that the cross-appeal by Yari and his group before the Court of Appeal, having partially failed, becomes at best, a mere academic exercise bereft of any utilitarian value to the entire case. The false assertion that the Court of Appeal had cleared the way for the APC to participate in last Saturday’s election, is therefore, a lie from the pit of hell. It is nothing short of the desperate manoeuvres by frustrated politicians holding on to any available straw, to smuggle themselves willy nilly into Saturday’s election. This cannot work. INEC is hereby reminded that, there exists in addition to the above legal obstacles, a subsisting appeal which arose from the Zamfara State High Court judgement, which is still extant and pending before the Sokoto Division of the Court of Appeal, in Appeal No: CA/S/32/2019. In any event, the judgement of the Federal High Court, going by the judgement of the Court of Appeal, still partially succeeded, since the Court of Appeal refused to make any clear mandatory orders directing INEC to receive any candidates from the Yari group for the purpose of last Saturday’s elections. INEC is therefore, obligated and legally bound to stand by its earlier well founded position, that APC, having never conducted any primaries in Zamfara State, has no candidates in the forthcoming elections in Zamfara State, except the presidential election. Any other act by INEC in fielding any candidates from the Governor Yari’s group or the “G-8” group, would have been/will be illegal, unconstitutional, null, void and of no effect whatsoever. Thought for the Week “No law or ordinance, is mightier than understanding”. (Plato).

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2019 Elections and the Presidential ‘Deal Ruthlessly’ Order Against all odds, Nigerians ﬁnally voted in the rescheduled election to choose the nation’s President and National Assembly Members, last Saturday. Previous elections across the country, have been characterised by violence, underage voters, ballot box snatching, and other offences. But, in the buildup to this election, President Muhammadu Buhari issued a stern warning, that anyone who made an attempt to snatch ballot boxes, would do so at the expense of his life. True to expectation, several lives were indeed, lost in various States, and the body count is still on. The Chairman of the Nigerian Bar Association Working Group, Mazi Afam Osigwe who headed the team of Lawyers who monitored the elections across the country, reports on the how the polling went in the 36 States and the Federal Capital Territory. Also, Emeka Nwadioke gives a dispassionate analysis of the election, while Dr. Kayode Ajulo, Okechukwu Nwaguna, Uju Peace Okeke and Sylvester Udemezue, examine the implications of the Presidential order to law enforcement agents, including the Army, to deal ruthlessly with ballot box snatchers

Report of the NBA Election Working Group on the February 23 Elections Afam Osigwe

T Preamble

he Presidential and National Assembly Elections were conducted by the Independent National Electoral Commission (“INEC”) on Saturday, 23rd February, 2019 in all the 36 States of the Federation, as well as the Federal Capital Territory (FCT). The Elections were initially slated for February 16, 2019, but were postponed at the instance of INEC by one week. The Gubernatorial and Houses of Assembly elections are now scheduled to hold on Saturday, 9th March, 2019. Mandate On February 12, 2019, the President of the Nigerian Bar Association (NBA), Mr. Paul Usoro, SAN, inaugurated the 2019 NBA-EWG with the core mandate to, amongst others, observe the Presidential, Gubernatorial, National and State Houses of Assembly Elections, 2019, and ascertain and be able to comment on the extent of the conformity of the processes and procedures for the conduct of the elections with the relevant laws, regional and international standards and best practices. The work of the 2019 NBA-EWG as stated by the NBA President was to focus, amongst others, on observing the following: i. The extent of compliance of all stakeholders with the governing laws and regulations in the conduct of the elections; ii. To what extent the elections are free, fair and credible and that there is no voter intimidation and/or violence; and iii. That every vote counts, and to that extent, there is no falsification or manipulation of the votes, howsoever, at any stage of the election process, and that the announced results reflect the choice of the voters. Modus operandi Having been duly accredited by the electoral umpire, INEC, the 2019 NBA-EWG not only mobilised its members, but also deployed the membership of the Association nationwide, to observe and or monitor the elections in

2019 Elections: Untangling the Jigsaw Emeka Nwadioke

igeria’s 2019 General Elections, will go down in history as one of the most keenly contested polls in the nation’s political history. It had all the trappings of a world heavyweight boxing match-up, not least because especially the two major contenders for the exalted presidency, are battle wearied pugilists in the political sphere. When one throws in the contests for all the Governorship, State and National Assembly seats, the atmosphere becomes even more electric.

all the States of the Federation, and the FCT. To ensure a seamless operation, the 2019 NBA-EWG set up a Situation Room at the National Secretariat of the Association in Abuja, where it received real-time reports and live feeds of events from its members who were deployed on the field, for the purpose of its mandate. Additionally, and in order to achieve promptness, speed and coordination, the 2019 NBA-EWG procured a toll- free telephone line where members called in with their reports and, also, activated various social media platforms where it streams live reports and events, as contributed by members. Nature of Report This constitutes the 1st Interim Report of the 2019 NBA- EWG. The Report makes no pretence at completeness, but is submitted only as a précis of the initial observations of its members, in respect of or in relation to the conduct of the national elections of Saturday, 23rd February, 2019. It is the 2019 NBA-EWG’s legitimate expectation that a comprehensive, composite and all-encompassing report will be published at the completion each of the two electoral tranches i.e. (a) the Presidential and National Assembly Elections; and (b) the Governorships and Houses of Assembly Elections. Meanwhile, as necessary and required, additional Interim Reports may be issued by the 2019 NBA-EWG prior to the publication of the final comprehensive report of the Group in respect of the Presidential and National Assembly Elections. Dramatis Personae A total of Ninety-One (91) registered political parties participated in the elections, although only Seventy-Three (73) of these parties fielded candidates for the presidential elections, in which the incumbent President and candidate of the All Progressives Congress (APC), Muhammadu Buhari, and a former Vice President and candidate of the Peoples’ Democratic Party (PDP), Alhaji Atiku Abubakar, GCON, are said to be the leading contenders. Issues: In respect of the Presidential and National Assembly Elections of Saturday, 23rd February,

Acting Inspector General of Police, Mohammed Abubakar Adamu

2019, the 2019 NBA-EWG reports as follows: INEC and the Challenges of Logistics The NBA-EWG notes that although the elections were originally scheduled to hold on Saturday, 16th February, 2019, INEC caused same to be postponed by a week, citing “logistical challenges”. The NBA-EWG notes with regret, however, that despite the postponement, the elections recorded some noticeable but avoidable lapses, associated with the same ‘logistical challenges’. For example, members reported that polls did not commence at the scheduled time of 8am, in most polling units nationwide. This drawback was, however, more manifest in the States of the South-South, South-East, South-West and North-Central regions of the country. In a number of polling units across the country, election materials, especially ballot papers, were either over- supplied (i.e. in excess of the registered voters in the polling unit) or under-supplied. From reports available to us at this time, this situation was prevalent in the South- South and South-East sub-regions, particularly in Edo, Akwa Ibom, Imo and Enugu States respectively.

Chief of Army Staﬀ, Tukur Yusuf Buratai

The 2019 NBA-EWG notes as well that, in isolated cases (Owerri in Imo State for example), INEC officials conducted the elections using photocopies of approved ballot papers. In polling units where voters complained about this unwholesome practice, the INEC officials rebuffed them and proceeded to conduct the elections in that manner, nevertheless. We also observed that, many electoral officers could not locate the Polling Units where they were to conduct elections. In one example at Dutse Alhaji, Abuja FCT, polling officers who

“....DESPITE THE LATE ARRIVAL OF INEC OFFICIALS AND VOTING MATERIALS, THE TURN-OUT OF VOTERS AND THEIR ENTHUSIASM FOR THE ELECTIONS, WAS LARGELY IMPRESSIVE AND SATISFACTORY”

could not locate their polling unit returned to a wrong polling unit with the electoral materials. In another example in Abuja, the polling officers actually commenced the conduct of elections in a different and wrong polling unit. Many voters also had difficulties locating their polling units, as there were insufficient details on the PVCs and at INEC website on how to locate one’s polling unit. This was very prevalent in Abuja. The splitting of the Polling Units into subunits based on alphabetical order without informing the voters or putting in place some order in executing same, initially caused disenchantment, as voters had lined up randomly or in a single straight line in accordance with their time of arrival not knowing that such polling units had been subdivided. INEC hotlines were almost always unreachable, and when reached, there was nobody to address callers’ enquiries, and in some instances, the calls terminated on their own. Smart Card Readers The major complaints of the voters, as

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President Buhari’s Directive The run-up to the elections was tense. The nation’s political barometer hit the rooftop, not least when President Muhammadu Buhari essentially ordered law enforcement personnel, to shoot ballot box snatchers. His words: “I want to warn (that) anyone who thinks he has enough inﬂuence in his locality, who tries to lead thugs to snatch ballot boxes or disturb the voting system will do so at the expense of his own life.” Several analysts have countered the President on this position, contending that it ran against the clear provisions of Section 129(4) of the Electoral Act 2015, which provides as follows: “Any person who snatches or destroys any election material commits an offence and is liable on conviction to 24 months imprisonment.” However, Buhari’s aides have argued that, the directive was in order. They contend that ballot box snatching is usually a violent act laced with dangerous weapons, and that the laws permit the deployment of even mortal force in limited circumstances, especially in self-defence. Election Postponement Hardly had the debate been put to rest, when the Independent National Electoral Commission (INEC) sensationally postponed the general elections barely five hours to the opening of the ballot. It soon emerged that INEC was experiencing humongous logistical challenges, that would have gravely imperilled free, fair, credible and transparent polls. Instances of insider abuse and sabotage were also cited, leading to an aborted attempt by the Department of State Security (DSS) to interrogate certain high-ranking INEC chieftains. In fact, the two leading political parties – All Progressives Congress (APC) and Peoples Democratic Party (PDP) – went for the INEC Chairman, Prof. Mahmood Yakubu’s jugular, calling for his resignation or sack. It was difficult to determine, the extent to which this was mere political grandstanding. However, though the DSS had denied inviting some of the INEC chieftains for interrogation, there were strong indications that the somersault

by the agency, may have been occasioned by pressures from sundry quarters, not least foreign election observers and the international community. Being an agency of the Federal Government, there were fears that such “interrogation” could not have been successfully carried out, without interfering with the integrity of the electoral process. In fact, critics argued that the planned inquest, was merely a smokescreen to gather quality intelligence on INEC logistics towards the elections. What is more, among those targeted in the inquest was Prof. Okechukwu Ibeanu, INEC’s National Commissioner, who many veteran civil society advocates immediately swore was a thoroughbred and untainted professional. However, when a twitter campaign was orchestrated by alleged Buhari enthusiasts indicating a “hit list” which included respected human rights activists such as Dr. Olisa Agbakoba; former National Human Rights Commission Chairman, Prof. Chidi Odinkalu; Dr. Clement Nwankwo of Civil Society Situation Room and Mr. Innocent Chukwuma of Ford Foundation, the alleged ‘DSS Plot’ became even more worrisome. Some analysts contended that, it was a ploy to chastise the civil society community and set the stage discredit the elections. Just as the dust raised by these allegations was settling, INEC sensationally directed political parties to cease all campaigns, as a fallout of the postponed elections. Several jurists queried this decision, arguing that it was contrary to Section 99 of the Electoral Act (as amended). What is more, the political parties threatened to defy the directive, unless it was lifted. Fiery human rights lawyer, Mr. Femi Falana, SAN, also lampooned INEC on the decision. Section 99(1) of the Act states: “For the purpose of this Act, the period of campaigning in public by every political party shall commence 90 days before polling day and end 24 hours prior to that day.” To its credit, the electoral body reversed itself and lifted the ban on political campaigns, setting a new deadline for the close of campaigns. With global attention now shifted to Nigeria, especially with the initial postponement of the elections and the anxiety raised by the action, INEC commenced a daily briefing by its Chairman, which gave clarity to many questions being asked by stakeholders. This also aided the much desired transparency, sought by many stakeholders. It was at one of the briefings that Yakubu told voters that the all-important smart card readers (SCRs) have been reconfigured, even as he assured especially PDP, that Alhaji Mohammed Sani Musa, the APC Niger East senatorial candidate and Managing Director of Activate Technologies Limited, whose company supplied the machines used in printing the Permanent Voter Cards (PVCs), would have nothing to do with the election management process. The electoral body also assured, that it had commenced movement of critical electoral materials to the States and local councils, for onward transmission to the wards and polling

“THE LATE ARRIVAL OF THE OFFICERS, OCCASIONED SOME LEVEL OF RESTIVENESS AMONG VOTERS. IT ALSO EMERGED THAT, SOME OF THE POLLING UNITS WERE NOT SUPPLIED WITH ADEQUATE MATERIALS, ESPECIALLY INK PADS (ONLY ONE PER POLLING UNIT) AND POSTERS FOR PASTING RESULTS FOR PUBLIC NOTICE. HOWEVER, BALLOT PAPERS WERE GENERALLY ADEQUATE” units. With this, all was now set for the elections, even as many Nigerians remained apprehensive that another postponement was in the offing. Election Day: Arrival of INEC Ofﬁcials However, INEC proved the ‘doubting Thomases’ wrong, as Election Day soon dawned. Going by reports, and notwithstanding INEC’s best efforts, it soon emerged that the results were a mixed bag of improvements, successes, excuses and failures. What is more, a handful of deaths occasioned by electoral violence, were also thrown into the fray. There are strong indications that, the perennial logistical challenges that have held the nation’s electoral process down for years, are yet to abate. This again reared its malignant head last Saturday, as many polling units witnessed late arrival of INEC officers and election materials. While some arrived at 8:30a.m., there were exceptional cases where INEC officials failed to arrive until almost close of ballot. Wrote one Chukwuka Innocent Jnr: “At Government Secondary School, Abakpa Nike in Enugu State. People are here in huge numbers; it’s 1:30 pm and no sign of any @inecnigeria official.” The polling officers generally pleaded, “security” and logistical challenges. There were instances where the polling officers had to hire commercial motorcyclists, to ferry them to their polling centres. The late arrival of the officers, occasioned some level of restiveness among voters. It also emerged that, some of the polling units were not supplied with adequate materials, especially ink pads (only one per polling unit) and posters for pasting results for public notice. However, ballot papers were generally adequate. Smart Card Reader The functioning of the smart card reader, remains a major thorn in the flesh of Nigeria’s electoral

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REPORT OF THE NBA ELECTION WORKING GROUP ON THE FEBRUARY 23 ELECTIONS aggregated by members, revolve around the card reader. The 2019 NBA – EWG reports that, the performance of the card readers, although not generally unsatisfactory, raised concerns and provided sufficient basis for anxiety among the voting populace. Some of the acknowledged complaints about or concerning the card reader device include but are not limited to: inability to authenticate fingerprints or biometrics, inaccurate or false outputs for identified card holders, non-recognition of certain alphabets associated with some surnames or forenames. Illustrative locations where these incidents occurred, includes some polling units in FCT, Kano and Akwa Ibom States. The Working Group reports also that, in most units and concerning the malfunctioned card readers, presiding officers commendably resorted to manual accreditation, to enable registered voters to cast their ballots. However, this was not devoid of the associated suspicion by the voters, of possible abuse of such discretion by the polling officials. The NBA-EWG reports also that, in some polling units in Abuja, smart card readers recognised voters’ cards, but produced unintended outputs, particularly in cases where, for example, the facial features of the Permanent Voter’s Card (PVC) holder were inexplicably different from those displayed on the card reader device. In such cases, the discretion whether the affected voter proceeds with the voting process or should be disenfranchised, rested with the presiding officer. It was reported that in most of such peculiar cases, such discretion was exercised against the registered voters. By and large, the preponderance of opinion from the NBA-EWG, 2019, is that the smart card device although it may not have totally failed the integrity test, created appreciable anxiety among the voting populace, consequent upon the reported cases of malfunction and/ or outright performance failure of the device. We also observed a nation-wide absence of technical assistance, needed to resolve issues associated with card reader malfunction. There were also issues of non- availability

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of back-up card readers, in most of the polling units observed. Electoral Violence There were several reports and live feeds of electoral violence, from all over the country. Party thugs and hoodlums had a field day invading voting centres to harass, molest and intimidate voters and, in some instances, INEC officials. Strangely, in places where these despicable acts were recorded or registered, security agents were either complacent or complicit. Rivers, Lagos and Kogi States, were notorious in this regard. There were also confirmed reports from different parts of Nigeria where voters were prevented, hindered or inhibited, from performing their civic responsibilities on the suspicion that their votes had the potential to produce outcomes that were undesirable to or unintended by the illegal “enforcers” and “gatekeepers”. Thus, voters were chased away and forced to return to their homes. Akwa Ibom, Niger, Lagos, Imo, Kogi and Mrs Funmilayo Goka and others voting at a Benue States rank high, as examples of places Parkview Estate Polling Unit where these unconscionable and loathsome acts of voter intimidation and suppression to inspect and confirm the sensitive materials brought to polling units, etc. took place. In some places, such as Lagos, Kano and Secrecy of the Voting Process Edo States, amongst others, voters who wanted It was observed that, all over the nation to vote for certain candidates were threatened with violence, suffered violence and/or were the INEC polling booths did not offer sufprevented from voting by the earlier referenced ficient privacy to voters. Party agents and some other persons had widespread, easy illegal “enforcers” and “gatekeepers”. Cases of supervised or guided voting, were and unrestrained access to voting areas, to either supervise voting by voters or to pry also reported in parts of Kano State. Additionally, the NBA-EWG situation room into how they were voting. Lagos, Kano, Edo, was inundated with widespread reports, con- Imo and parts of Rivers States illustratively firming the manipulation of election processes recorded these incidents of gross breach of by INEC officials aided by party thugs and voter privacy. Neither the electoral officers security agents. Such reports included incidents nor the police officers around the voting where the Electoral Officers deliberately voided areas, made any effort to prevent and/or votes cast, refused to allow some persons to stop this unwholesome practice. vote, refused to allow voters whose names Voter Turn-Out were on the voters register to vote by using The NBA-EWG reports that, despite the late Incidence Forms where there were card reader issues, giving out ballot papers with 2015 arrival of INEC officials and voting materials, dates, refusing to stamp or sign or date ballot the turn-out of voters and their enthusiasm papers, refusing to allow some party agents for the elections, was largely impressive and

satisfactory. Voters in many places helped to organise themselves by writing their names on sheets of paper, so as to ensure orderly and seamless conduct of the accreditation and voting processes. In most of the polling units observed, there were significant turnouts of senior citizens, women and even persons with disabilities. Security Arrangements It was observed that, police personnel posted to voting centres visited by the NBA-EWG members generally arrived on time, apart from some isolated instances where the absence of the police personnel were observed. There were indeed, cases where police personnel were completely absent or left at some point and before the conclusion of the election processes at the polling units. In cases where there were infractions of electoral laws or threats of violence or actual violence, it was observed that the police personnel at those polling units stayed aloof and did nothing to prevent or stem those infractions and/or acts of violence. It was also observed that, in some voting centres, the number of police personnel posted there was not commensurate with the large number of registered voters in the centres. Conclusion As earlier indicated, this is but the 1st interim report of the 2019 NBA-EWG, which may be followed by other interim reports, as deemed necessary and required by the NBA-EWG. A detailed and final Report of the Presidential and National Assembly Elections, will be published by the NBA in the fullness of time, specifically, after the release of all the Presidential and National Assembly Elections results which will be preceded by (a) the complete collation of the results by INEC; and (b) the conduct of the elections in places where INEC has now cancelled and rescheduled polls, notably in Rivers, Lagos and Akwa Ibom States. Mazi Afam Osigwe, Chairman NBAElectoral Working Group and former NBA General Secretary

2019 ELECTIONS: UNTANGLING THE JIGSAW CONTINUED FROM PAGE 9 process. This posed serious challenges, for the accreditation process. While the card readers have improved in verifying cardholders, the same cannot be said for the authentication of voters’ fingerprints. This inevitably led to resort to manual accreditation in several cases and made the process more tedious, leading to prospective voters getting even more restive. In some instances, the card readers simply refused to function until around midday, when they were either fixed or replaced by INEC’s ubiquitous technical staff. Generally, the polling officers telephoned their superiors to alert them on such challenges. Some prospective voters were, however, reportedly disenfranchised in the process, as they failed to return to cast their ballots. The Voting Process While Section 49(2) of the Electoral Act provides that, a person intending to vote shall be verified to be the same person on the Register of Voters by use of the Smart Card Reader (SCR) in the manner prescribed in INEC Regulations and Guidelines for the Conduct of Elections, Article 10(d) of Regulations states that “The accreditation process shall comprise reading of the Permanent Voter’s Card (PVC) and authentication of the voter’s fingerprint using the SCR; checking of the Register of Voters and inking of the cuticle of the specified finger of the voter.” Perhaps anticipating the longstanding and widespread failure of the smart card readers (SCRs) to authenticate voters’ permanent voter cards, the Regulations provide in Article 11(b) as follows: “Where a voter’s PVC is read but his/ her fingerprint is not authenticated, the APO I shall refer the voter to the APO II who shall: (i) request the voter to thumbprint the appropriate box in the Register of Voters; (ii) request the voter to provide his/her phone number in the PWD status appropriate box in the Register of Voters; (iii) continue with the accreditation of the voter; and (iv) refer the voter to the PO or APO (VP) for issuance of ballot paper(s).” These hiccups did not, however, dampen INEC’s chest-thumping when it tweeted thus: “#INEC is pleased to report that, the Smart Card Reader proved its functionality and efficiency, by

successfully authenticating all Presidential Candidates among millions of other Voters within a short time at their respective polling units across the country.” Responding, one Kelly Agbonze said: “This tweet is unnecessary! Are you aware that your card readers failed in so many States, and as a result, a lot of people were disenfranchised? The Presidential Candidates, are irrelevant to this discussion.” Voting Following the provision of voting cubicles by INEC, the elections were viewed as generally observing the global best practice of secret ballot. Also, unlike previous elections when vote buying was orchestrated through the use of telephones at polling booths, the ban on telephones helped in curbing this malaise, as there were no reported incidences of such known to this writer. Accordingly, while inducement of voters and mopping up of PVCs seemed rampant prior to Election Day, these acts were not visible in many polling centres. Also, vulnerable persons were generally accorded priority attention, at the polling centres. This is consistent with Article 16 of the INEC Regulations which states that “PWDs, visibly pregnant women and the aged, shall be granted priority access to voting at the Polling Units, Voting Point Settlements and Voting Points.” Instructively, the social media played a very active role in fostering voter participation among others. Several stakeholders, including civil society organisations, made several interventions to bolster the electoral process, including the setting up of situation rooms to track the elections. Bias and Electoral Violence Polling officers were in some instances, however, accused of bias in the manner they rejected certain ballots or through deliberate negligence. This was also the case during collation, when there were reports that votes were being rejected on the ground that while the smart card reader was able to verify the voter, it did not record any count for the voter. Also, polling officers reportedly told prospective voters at a polling unit, that they “forgot” the ballot boxes at the INEC Office. As one Paul Okezie tweeted, "Please, we can't vote here in Abia State University, Uturu Campus, as your (INEC) officials said they forgot their

ballot box.” However, while voter intimidation and electoral violence, had been largely flagged during the run-up to the elections, the intensity of some of the incidences took even the electoral umpire unawares. The security agencies were also caught napping in some of the cases, even as they may have actively collaborated in the reported case of voter intimidation at St James Polling Unit, in Gayam Ward, Lafia, Nasarawa State. A report by a leading television station stated that, hoodlums chased away voters at conclusion of voting and carted away ballot boxes, adding: “Personnel of the Nigeria Police and the Nigeria Security and Civil Defence Corps are seen in the video, watching as the hoodlums moved about with sticks intimidating the voters.” In Abonnema, Akoku-Toru Local Government Area of Rivers State, no less than six persons, including an Army lieutenant, were killed during the elections. According to Acting Director, Army Public Relations, Colonel Sagir Musa, troops of 6 Division, Port Harcourt killed the assailants suspected to be political thugs. His words: “The gallant troops fought their way through the siege, and in the process killed six of the assailants. However, we lost a lieutenant in the encounter.” Also in Asarama, Andoni Local Government Area of the State, an APC chieftain and former Council Chairman, Mowan Etete and his elder brother, were killed on Election Day by unknown gunmen. Killings were also recorded in several States including Bayelsa, Delta, Kogi, Lagos and Oyo where 25-year-old Monsuru Hamzat, was shot by suspected political thugs at Lako compound in Ibadan South East Local Government Area. This comes on the heels of electionrelated killings which occurred before the elections in Akwa Ibom, Benue, Cross River and Kano States. Voter Intimidation Meanwhile, voter intimidation peaked in Lagos, as political thugs suspected to be members of a faction of the Oodua Peoples Congress (OPC) unleashed terror on hapless voters at Okota, a Lagos suburb, causing mayhem while carting away or burning ballots. Though one Demola, the alleged leader of the gang, was reportedly lynched by the irate voters, a trending video

indicated that he may have been taken to Isolo General Hospital, Lagos where he is said to be recuperating. Other bands of thugs were also reportedly intimidated by prospective voters around Isolo and FESTAC Town, threatening mayhem unless they voted the thugs’ preferred party or candidates. While the voters argued that the violence has ethnic bias, several stakeholders across racial divides have since swung into action, to douse the festering tension. Tinubu’s Warning Some analysts however argue that, the violence may have been fuelled by a “warning” allegedly issued by APC Leader, Asiwaju Bola Ahmed Tinubu on the eve of the elections. THISDAY had quoted the influential former Lagos State Governor as saying: “We will know how many votes we will get from Ojo, Alaba, Surulere, Amunwo-Odofin, Ajeromi-Ifelodun, including Oshodi. We don’t discriminate, as we allow people do their businesses. I am the one who saved ASPANDA, from demolition. They are now x-rating our candidates and doing what they want, and robbing insult on an injury, we know how to behave. We know how to behave.” Collation of Results Collation of results has been ongoing since the close of ballot, even as INEC has rescheduled elections in the areas marred by violence or logistical challenges, including some parts of Jigawa State. It is widely agreed by analysts that, the collation stage is perhaps, the most critical aspect of the elections, as rigging plots are perfected at that stage. While the general elections may have recorded a pass mark, it is trite that much work remains to be done through electoral reforms to ensure that Nigeria’s elections benchmark global standards. The Justice Mohammed Uwais Report on electoral reforms, may have to be dusted up again, even as there is urgent need to revisit the Electoral Act (Amendment) Bill 2018, which assent was declined by the President, towards enacting some of its salient provisions in our electoral law. Emeka Nwadioke, Legal Practitioner, Notary Public, former Member of the Nigerian Bar Association Criminal Justice Reform Committee (NBA-CJRC)

26.02.2019

COVER/11

Ballot Box Snatching: President Buhari Afﬁrmed the Position of the Law Dr Kayode Ajulo

n Nigeria, one would ceaselessly wake up to a new tale every new morning. And this is how the hues and cries which have since punctuated President Buhari's stance on ballot box snatching, are not exactly unexpected. Since the President's commentary, I have read both commendations and criticisms from all divides. I have noted the main opposition, the Peoples Democratic Party (PDP) raise the theme to the realm of tension, making all shades of inglorious contexts out of a statement, which in fact, is correct and ordinarily innocuous. Some of us are constrained to make graphic reaction, more so, in times as now, when the army followers and enthusiasts who count on our vintage opinion to take informed decision. This treatise, however, is not out of any ulterior fixation, but for the fact that it will amount to greater iniquity, to sit back and watch the truth drenched in the pool of hypocrisies. The President’s Warning is Lawful That the President warned ballot box snatchers with such capital penalty, to the extent of threat of payment with life, is nothing astray from constitutional bed, as it is been preposterously fanned in opposition quarters. And I feel particularly bounded to do certain extant clarifications. In doing so, I shall raise a caveat of especial difference, to the extent that, as a political actor of well over two decades of active involvement and intrigue handling, I am contributing from the point of sound experience, as I will also do from the points of law. There is no telling the damage election suffers in the hands of political intruders, more commonly referred to as thugs. It is appalling, what threat the interruption of electoral process poses. Meanwhile, let it be categorically said that, ballot box snatching is not done by a burglar but by brigand, and this has its unambiguous penalties in the pages of the Nigerian Constitution. And the Constitution, and by extension, extant laws, are incontrovertibly superior to other docketed acts. Legal specifications, including the electoral laws, are but subordinate to the Constitution whose standing supersedes. For those who share the prejudice of the opposition or believe that the President's in-

structions are unwieldy, I dare say that ballot box snatchers have their doom prayer clearly spelt out by the relevant laws. It thus, supposes that President Buhari has only affirmed the letterings of the law. The Position of the Law The specifics as to what the relevant sections of the law say are hereunder served: Section 33(2)(a-c) of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that: “33(2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as a result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably necessary – (a) for the defence of any person from unlawful violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; or (c) for the purpose of suppressing a riot, insurrection or mutiny.” Also, Section 261 of the Criminal Code Act, LFN, 1990 states that: “It is lawful for a person who is engaged in the lawful execution of any sentence, process or warrant, or in making any arrest, and for any person lawfully assisting him, to use such force as may be reasonably necessary to overcome any force used in resisting such execution or arrest.” The Apex Court, per Kumai Bayang Aka’ahs, JSC in giving its judicial blessing to the above constitutional provision in the recent case of Adegboye v State (2017) 16 NWLR (Pt. 1591) 248 particularly at page 264 paras. E-G held inter alia that; by the provision of Section 33(2) (b) of the 1999 Constitution (as amended), a person shall not be regarded as having been deprived of his life, if he dies as a result of the use, to such an extent and in such circumstances as are permitted by law, of such force as is reasonably necessary in order to effect a lawful arrest or prevent the escape of a lawful arrest or to prevent the escape of a person lawfully detained. While critics have expressed doubts, with some arguing that the declaration constitutes a threat to citizens' life, and as such, a violation of the right to life guaranteed in Section 33 of the Constitution, it should be so told that, that right in absolute terms, is nonexistent. It therefore, means that citizens must obverse the checks and rights are privileges, with specific limitations in the Constitution. In other contributions, ballot box snatching

could be taken to mean an act of insurrection, since by insurrection; we mean revolt, uprising, disobedience to authorities and allied actions. A life can be taken for the purpose of suppressing insurrection. See Emmanuel Eze v The State (2018) LPELR-SC. 487/2015. See also Adiele Ndubuisi v The State (2018) LPELR-SC. 488/2015. It’s needless to say that, disruption of election process at this very delicate time in the history of our dear country, could lead to threat to the national security. And, it is trite that, when the national security is threatened, the individual rights of those involved in the acts occasioning the threat, would take the second place. The overall interest of the nation, takes priority over and above the individual interest/right. SEE ALHAJI MUJAHID DOKUBO-ASARI v FRN (2007) 5-6 S.C. 150. So, if in the process of effecting the lawful arrest of those involved in electoral malpractices, a life is lost, it is justified by the law. We just cannot fold our arms any further, and watch defaulters of electoral law do so with impunity, because some believe that anything goes in Nigeria. We must get to the next rung, where illegalities are dealt with whether it’s done before, or during or after election, just as murder is always murder. Section 33 of the Constitution, as given, is categorically clear with regard to electoral offenders, and the section supersedes the portions of the electoral acts which, in opposition's viewpoints, already captured relevant punishments and deterrents for sundry electoral malpractices. These acts of electoral offences, over the seasons, have cast a sad pall on our political heritage as a people and country, leaving dare and dire consequences in the wake. Innocent lives of the electorate have been lost to the satanic acts, and even many Nigerians have become invalid, as a result of the inimical actions of unfortunate men. We must therefore, rise above parochial inclinations in the interest of a virile nation that we hope to build. Political differences, notwithstanding, it behoves fine citizens to be so courageous as to lend a loud voice to the stance of example given by Mr. President. Since it is agreed that electoral offences are punishable under the electoral law with huge penalties, political actors will do well to dissuade potential offenders from such iniquitous acts, rather than misdirecting venom at the President. The express expression of President Buhari is

President Muhammadu Buhari

“THE EXPRESS EXPRESSION OF PRESIDENT BUHARI IS BOTH CORRECT AND APPOSITE, RAISING AN EARLY FLAG FOR PERSONS WITH UNTOWARD PLANNING AGAINST THE STATE AND FELLOW CITIZENS, TO RETRACE THEIR STEPS, BECAUSE TO BE FORE WARNED IS TO BE FORE ARMED” both correct and apposite, raising an early flag for persons with untoward planning against the State and fellow citizens, to retrace their steps, because to be fore warned is to be fore armed. His statement therefore, is demonstrative of his commitment to ensure free, fair, credible and peaceful elections, by leaving no stone unturned and no turn unstoned. Better is wisdom here, than vain arsenal. Dr. Kayode Ajulo, Principal Partner, Castle of Law, Nigeria

On President Buhari's Shoot on Sight Order to Security Agencies Okechuhwu Nwaguna

An Appalling Order resident Buhari's order to security agencies, to deal ruthlessly and to shoot on sight any person or group involved in ballot box snatching during the 2019 elections is appalling, to say the least. The order is unlawful, reckless and subversive of the Nigerian Constitution which guarantees rights to life, presumption of innocence and due process. The Constitution requires that, anybody suspected of, or caught, committing a crime should be arrested, investigated and charged, if there's credible evidence. There are also specified penalties, for crime. The law didn't say shoot on sight. Law enforcement agents are not to be the accuser, prosecutor, judge and executioner at once. The law also regulates the use of firearms, by law enforcement agencies. The law is clear on the circumstances, and how There is a surfeit of judicial pronouncements on cases where law enforcement officers have shot and killed citizens, hiding under the pretext of Force Order 237. These pronouncements have helped to clarify the fact that, law enforcement officers cannot excuse extrajudicial killings, by resort to reckless interpretation of the law or by

reckless abuse of firearms. Of course, snatching of ballot boxes is a crime, and law enforcement agents must be alert to apprehend anyone or group involved, and prosecute them in accordance with the law. The President's directive, speaks to the value the President places on human lives. Election, is not an act of war. Juxtaposed with Governor El-Rufai's 'body bag' threat to foreign election observers, and his more recent false alarm that 66 Fulanis were killed in a volatile section of Kaduna State, the indications are very high that some people in government, are working hard at promoting violence and lawlessness in their desperate quest for selfish political advantage. Promotion of Extra-Judicial Killing El-Rufai's irresponsible false alarm, was premeditated to incite ethnic violence and

“THE PRESIDENT'S DIRECTIVE, SPEAKS TO THE VALUE THE PRESIDENT PLACES ON HUMAN LIVES. ELECTION, IS NOT AN ACT OF WAR”

bloodletting, just to cause public disorder that will enable him manipulate the elections to his own political advantage. In 2015, the debate as to whether the military should play a role in elections came to the fore, and those who were in the forefront vigorously arguing against the deployment of the military for elections, are today arguing to the contrary. Those same people who in 2015 vehemently opposed and argued against military involvement in elections, are now hypocritically rationalising and justifying military deployment for elections in 2019 - because it's now convenient to do so. This is sheer opportunism. They have positioned and actually directed the military to commit extrajudicial killings, in a bid to intimidate voters. And the military have promised that they will comply with the President's directives to the letter. The President and his handlers, are exhibiting desperation at the expense of the peace, unity and progress of Nigeria. They are militarising the polity, to intimidate voters and to seamlessly rig elections. In 2015, it was also convenient for some of these opportunistic and self serving politicians and political parties, to call on the international community to intervene in our elections. But, in 2019, the same hypocrites think that the involvement of the same international community in our elections, amounts to interference, for which they have threatened violence and death. Nigeria is not an island. Nigeria is a signatory

to many international treaties and covenants, including on elections and democracy. Therefore, Nigeria is under obligation, to fulfill its voluntarily undertaken obligations under those international agreements. The international community, must take interest in Nigeria. They must make it clear that government officials and politicians promoting violence and lawlessness, and attempting to precipitate anarchy, will face consequences. If Nigeria goes to war today, or if Nigeria's democracy suffers a reversal, the effect and impact will reverberate across Africa, and the world as a whole. I stand against electoral violence and irregularities, and urge security agencies to act professionally in responding to electoral offences, during the elections. All those involved must be arrested and prosecuted, to create deterrence. I call on all eligible Nigerians to come out and vote, and to conduct themselves in a lawful and peaceful manner. Law enforcement agents are not under obligation to obey unlawful orders, such as the one by the President. Obedience to unlawful orders, is also not an excuse to act contrary to the law. Law enforcement agents, are called upon to ignore the President's unfortunate shoot on sight order. They must be guided by professionalism, neutrality, integrity and other principles of democratic policing. Mr. Nwaguna, National Coordinator, Network on Police Reform in Nigeria

12/COVER

26.02.2019

Unconstitutionality of Killing Ballot Box Snatchers Uju Peace Okeke

he Nigerian Constitution in Section 1 provides that, it is supreme and has binding force on all authorities and persons in Nigeria. It is elementary, thus, that all, irrespective of position and status, must act within the Constitution. It also follows that, solutions to our problems will be found therein. Right to Life Life is sacred, thus, our Constitution recognised it in Section 33, guaranteeing all Nigerians right to life. To prevent jungle justice, Section 36 of the Constitution, guarantees the right to fair hearing and further states that, upon a criminal charge, one must be presumed innocent until proven guilty, little wonder accused persons are referred to as Defendants. In all fairness, the right to life is not absolute thus, in execution of court sentence for an offence one has been found guilty, life can be taken. Section 33(2) lists three exceptions of self defence, effecting lawful arrest and suppressing riots. Obviously, ballot box snatching cannot by any stretch of imagination, be said to fall within these noted exceptions. Offence of Ballot Box Snatching Undoubtedly, ballot box snatching is an offence under the Electoral Act (Section 129), which penalty is two years imprisonment on conviction. Further, even if there are two conflicting laws on an issue, one of a general nature and the other of a specific nature, the specific prevails. In the instant case, peradventure, there is another law providing for this offence, the Electoral Act is very specific and must prevail. Therefore, shooting or killing of ballot box snatchers, is contrary to Nigerian laws of today. The drafters of that law, are not stupid. Assuming, but without conceding that, they are, the normal and democratic process of

Polling Centres in Okota area of Lagos marred by violent disruption

correcting it, is through amendment. That duty by Section 4 of the Constitution, is that of the legislature, and not the executive arm of government. More so, the recent amendment of the Electoral Act waited endlessly for the assent of the President, it would have been a perfect opportunity for the executive to suggest that the legislature provide a stiffer penalty for such offences which unfortunately, it did not do. That statement credited to the President is unconstitutional, and unlawful. It is an aberration, trying to amend our laws through statements contrary to our constitution. Effects of the President’s Unlawful Directive The effect of that statement, is that it will discourage voters who may not want to be hit by stray bullet of security officers, in an

attempt to shoot a ballot box snatcher. Another effect is, promoting jungle justice. What if someone 'suspected' of snatching ballot was not guilty after all? Of course, it is only the court that can pronounce one guilty; thus, the normal process of arrest and prosecution should take place. Life should not be cheapened for any reason, thus 'the law holds that it is better that 10 guilty persons escape, than that one innocent suffer' (Sir William Blackstone, Commentaries on the Laws of England 9th ed., book 4, chapter 27). Again, security officers who carry out this order will only do so at the risk of their jobs, because a day of reckoning may be near. International Human Rights Standards in the administration of criminal justice, Standard 5 provides that lethal force should only be used when it is strictly unavoidable, in order

“....IF OVER TIME, BALLOT SNATCHING, HAS BEEN AN ISSUE DURING ELECTIONS, THE IDEAL THING FOR THE GOVERNMENT TO DO, IS TO PUT IN PLACE A STRUCTURE TO PREVENT, OR AT THE VERY LEAST, REDUCE SUCH TO THE BAREST MINIMUM”

to protect life and Standard 9 forbids law enforcement agents, from carrying out extra judicial executions and authorises them to refuse to obey such orders. In addition, what if in following this order, a wrong but innocent Nigerian who has come to perform civic duties is shot, while the ballot box snatcher escapes? can the person be revived? Recently, a video of someone shot by customs went viral, while customs maintain it was accidental and that the man was not an offender, the fact remains that they shot him and he died. Some of our officers are trigger- happy and should not be encouraged to shoot at sight, as they may be financially motivated to allow the real ballot box snatchers escape, while shooting innocent and hapless voters. Considering the fact that women, pregnant and lactating mothers, the aged, and people with disabilities would be at the polls, whose safety may be threatened, that statement by the President, is wrong. It is appalling, that Government is shirking its responsibilities, and looking for an easy route out of a systemic failure. Countries have their peculiarities, if over time, ballot snatching, has been an issue during elections, the ideal thing for the Government to do, is to put in place a structure to prevent, or at the very least, reduce such to the barest minimum. The foundation is faulty, and the Government is attempting to put a superstructure on it. It will surely, collapse. Even the law recognises this, thus, it is said that, you don't put something on nothing, because it will not stand, as it lacks the legs to stand on. Nigeria had four years to plan for this election, and should have known what the problems are. Authorities should not be seen running ‘helter skelter’ on the eve of election, issuing unnecessary ultimatums. It is a sign of unpreparedness, and irresponsibility. The fire brigade approach, has never worked and will never work, if we want real solutions to problems. We need to creatively, and genuinely, get our act together, if this country is to move forward. Uju Peace Okeke

Legal Issues in the Death Threat For ‘Ballot Box Snatchers’ Sylvester Udemezue

he President of the Federal Republic of Nigeria, had on Monday, February 18, 2019, warned those who might want to snatch ballot boxes during the forthcoming elections, that they would do so ”at the expense of their lives.” The President, who said he rarely gave the military and the police the power to be ruthless, however, hinted that “anybody who decides to snatch ballot boxes or lead thugs to disturb, it may be the last unlawful action you will take.” Looking at this directive in the light of past experiences of rampant cases of violence and brigandage during elections in Nigeria, I honesty think the President’s directive against ballot box snatchers, is targeted at deterring electoral offences. Even though some people consider the President’s directive as too harsh for a democratic setting, I believe also that, Mr. President meant well in having given the directive, because as he said, he wants Nigerians to be able and free to vote across

the political parties, for candidates of their choice. He therefore, expects the security agents to carry out the directives in a neutral manner, without favouring anyone. However, from the legal standpoint, I submit, most humbly, that if one tells you to ”deal ruthlessly with anyone seen snatching ballot boxes,” such could mean shoot and kill the person especially as the President has also said that “ballot box snatchers would pay with their lives.” Accordingly, it is not unlikely that overzealous or compromised security agents, would see it as a directive to shoot and kill such persons at sight. Issues One problem I have is, do we not think these overzealous/ compromised security agents would or could not abuse this? Customs officers , Soldiers, Police officers etc. have been reported on several occasions, to have killed innocent Nigerians who clearly didn’t snatch ballot boxes. Now that there’s a directive to them in that direction, only God can help! Again, the directive may mean that the public security agents are now free, as authorised to be the COMPLAINANTS, PROSECUTORS, JUDGES, EXECUTIONERS all together, at the same time.

“.... WOULD THEY NOT ABUSE IT, OR USE THIS INNOCENT DIRECTIVE OF MR PRESIDENT, AS A COVER TO ATROCIOUSLY MURDER INNOCENT CITIZENS, ESPECIALLY NOW THAT THE NEUTRALITY OF SECURITY AGENTS, HAS BECOME A SUBJECT OF SERIOUS DOUBT IN SOME QUARTERS?”

And my greatest worry is, who exactly is a “ballot box snatcher?” In the Nigerian perspective, this would all depend on the subjective judgement or predilection of only the security agent who is ruthlessly dealing with and or killing, on any particular occasion. Anyone the security agent shoots/ kills and says is a ballot box snatcher, automatically is a ballot box snatcher. Dead men don’t talk! Therefore, anyone killed on Saturday, during the elections, even if unjustly, is or would be tagged a “ballot box snatcher”. It is immaterial that the person/ victim was killed, because he actually caught the shooting security agent snatching boxes or perpetrating other electoral offences or tried to stop the security men from committing such offences. Chai!!! Further, we all know that, electoral offenders cut across political parties. It is not the exclusive preserve, of any political party! Moreover, we have in Nigeria, as experience has shown beyond all doubt, those I describe as ”public or non-private, gun-wielding electoral offenders!” Who, I ask, would checkmate their own excesses, during the elections? This is one other question that bothers me. Judging from the antecedents of our security agents, would they not abuse it, or use this innocent directive of Mr President, as a cover to atrociously murder innocent citizens, especially now that the neutrality of security agents, has become a subject of serious doubt in some quarters? Are there no security agents who are already partisan or compromised? Recent reports suggest some reasons for worry. For example, there are recent reports that show that, truly, some

operatives are already taking sides. Therefore, when the Nigerian factor takes the centre stage, only God can protect the innocent Nigerian voter. This is the third issue bothering me!! The fourth is, whether this directive might even not scare away most voters, who would now prefer to stay at home and remain alive, than to move out to vote on the Election Day, only to be mistakenly, unjustly or even brazenly (whatever or howsoever) shot and killed, and thereafter, tagged “ballot box snatchers”, even when they are not? Does this not bother us all - that the directive might indirectly encourage voter-apathy? Most Nigerians fear for their lives, and would rather not step out into an environment overtaken over by gun-wielding, force- looking (and often compromised) security agents, who are ready to shoot and kill at sight, some under the guise of dealing with “ballot box snatchers”. Who knows, the innocent voter standing nearby might just be the unlucky one. That person would then have died unjustly as a “ballot-box snatcher”, while Nigeria continues, caring not a hoot about him/her? Conclusion In conclusion, we might end up discovering that, in this shoot-at-sight, we may have, with the right hand encouraged people to vote, while at the same time, with the left hand, said things that are likely to scare away the same voters, even though this is not our intention. God help us!! Sylvester Udemezue

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THE CANVASS MICHAEL NUMA

mj.numa@canvasslegal.com

Intellectual Property Crimes: An Albatross to Economic Development

Introduction ntellectual Property (IP) rights underpin investment in research and manufacturing, reward innovation in design and branding, support creativity of all types. But, these crucial IP rights, are undermined and devalued on all fronts by infringements, whether by wholesale sharing of digital content through myriad file sharing and streaming websites, deliberate copying of patent or design protected products, or the importation and sale of counterfeit goods on a massive scale. The harm that this infringement causes, is hard to measure, but, it is also hard to understate. Infringement of IP right is not just an economic matter, although it does cause financial loss to legitimate businesses, and to the State. The harms caused by IP infringement go much further, to the heart of communities, and the wellbeing of the citizens. Unsafe counterfeit goods, can pose serious risks to safety. I will attempt to briefly examine the economic effects of these crimes. Dimensions of IP Crimes The prevalence of IP crimes, such as counterfeiting, is closely associated with other serious criminality, and where an entire market is devoted to counterfeits, the chilling effect on legitimate traders, can result in an entire community suffering from a lack of investment and the chance to thrive, economically. Infringement of IP rights online, also causes harm to consumers, with close links between illegitimate websites and the spread of malware and other cybercrimes. The extensive copying and distribution of infringing materials, also undermines the ability of our world leading creative industries to invest in new content, reducing the payback for creators, and damaging the long term cultural wealth of the nation. IP crimes are widespread and can be found everywhere; from the Internet to traditional markets: It is big business. According to the IP crime group Annual Report 2013-2014, it is estimated that approximately 10% of the global trade, is in counterfeit goods. IP crimes globally take place on a vast scale, reaching virtually into every part of society, and enforcement of IP Laws, is a complex matter. In 2011, according to the IPO Report “prevention and cure” – The UK IP crime strategy forwarded by Baroness Wilcox, almost half of the UK’s £137 billion annual investment in tangible assets, was in intellectual property. It is very difficult to accurately assess the level of IP crimes, however, all commentators agree that it causes huge financial loss to UK rights owners. A recent estimate, is that losses to the UK economy in terms of profits and taxes, are in the region of £1.3 billion per year, and the National Crimes Agency recognises that the threat IP crimes pose to the UK economic growth, is such that it has been made a priority for its economic crimes command. The shift of consumer commerce online continues apace, along with the ever-rising consumption of digital content. This has led to a parallel growth in the trade of counterfeit and pirated goods online, and the illegal downloading and streaming of digital content. IP criminality continues to evolve, as criminals find new ways to exploit opportunities. Law enforcement agencies have, consequently, been driven to attempt to find smarter ways to catch them. The cost is not exclusive economic: IP crime endangers consumers as well as cheating them, with a thriving market in counterfeit pharmaceuticals, car and aero parts, food and drink, as well as the more commonplace fake sportswear and pirated DVDs and CDs. The scale of IP crimes continues to increase, often facilitated by technological advances, such as the ubiquity of internet use and the increasing use of social media sites to transact consumer trades, which have transformed the commercial and consumer landscape over the past decades. The Internet continues to be a major facilitator of IP Crimes, and platforms such as social media have presented criminals with new and expanding markets to exploit, for the sale of counterfeit goods and infringing materials. According to the IP Crime Group Report 2013-2014, the sale of counterfeit goods via social media rose 15%, whereas the rise in sale via online auction sites rose by just 2%. Well-established legitimate online markets such as eBay, Amazon and Konga, continue to be the largest outlets for suppliers of counterfeit products online to consumers. The “dark web” – sites and content which is not listed by standard search engines – is of increasing importance, as a marketplace for counterfeit products being sold on a wholesale basis, often for re-supply to consumers.

With respect of Digital IP crimes, the infringement of copyright of contents that are stored in electronic form- has dramatically changed the landscape, in relation to copyright offence. Technological advances have made it increasingly easy to make unauthorised copies of protected materials, and to allow expansive, and profitable, access to it. Illegal copying and sharing of materials, now take place on a vast scale. The borderless nature of the Internet and the extremely widespread participation by individuals in such behaviour, exacerbate difficulties faced in detecting breaches and enforcing owners’ rights. Digital IP crimes, represent the most significant challenges facing copyright owners and law enforcement agencies in the field, today. The law continues to scramble to catch up with technological developments. In Nigeria, the extent of IP crimes, regrettably, is unquantifiable. It is widespread, and affects virtually every aspect of our commercial life. Some commentators, in the course of our research, averred that, counterfeit products, are part and parcel of the Nigerian commodity space. Due to the lack of proper data vis-à-vis convergence point of the contents created, especially with respect to copyright, we are unable to come up with detailed findings demonstrating with certainty the degree of damage these IP crimes have done to the Nigerian economy; it is huge. To the best of the writer’s information, no NBC findings has produced verifiable statistics. Regrettably, the IP regime in Nigeria, is still dwelling in the Stone Age, as all our subsisting legislations which were tailored after English statutes that have been long repealed and/or amended in England to meet the present realities of today’s world, cannot combat the complexities of the crimes using technology. Thus, the urgent need for a robust and comprehensive legal framework to address the increasing challenges with respect to criminal infringement, cannot be overemphasised. It is not enough, to have a “copy and paste” legislation. Given the continuous advancement of new methods by these criminals, the need for continuous engagement of stakeholders in the combat of this huge economic menace, must equally be emphasised. Truthfully, there cannot be a specific template, which will provide a lasting solution.

“IN NIGERIA, THE EXTENT OF IP CRIMES, REGRETTABLY, IS UNQUANTIFIABLE. IT IS WIDESPREAD, AND AFFECTS VIRTUALLY EVERY ASPECT OF OUR COMMERCIAL LIFE. SOME COMMENTATORS, IN THE COURSE OF OUR RESEARCH, AVERRED THAT, COUNTERFEIT PRODUCTS, ARE PART AND PARCEL OF THE NIGERIAN COMMODITY SPACE”

In the UK, the IPO published an interesting study in 2015, of the criminal sanctions for copyright infringement available under the CDPA 1988 entitled “penalty fair”. The object of the study, was to establish whether such sanctions were currently proportionate and correct. Overall, the study concluded that: while there is no proof that the higher sentences would act as a deterrent to online copyright crimes, there is evidence to suggest that increasing the maximum sanction could be important in facilitating investigation and prosecution, now that there is a better foundation of civil cases on which courts can make decisions (in the absence of criminal case law precedents). Duty to Sanction IP Crime It is the writer’s submission that, given the seriousness of these crimes which equally has some terrorist affiliation, (e.g studies show that the sale of illegal and counterfeit artefacts, is a major source of terrorist funding in the middle east), it is the duty of every local law enforcement officer from the relevant security agencies, to enforce within their area of provision. Forfeiture options should be pursued vigorously, where goods, materials or articles which are connected with relevant offences, come into the possession of any person in connection with the investigation or prosecution of a relevant offence, the agencies involved should apply for an interim order of forfeiture, thereby shifting the evidential burden of proof on the State to the alleged offender, to justify his possession as applicable under Section 17 of the Advance fee fraud Act. See the Case of DAUDU v FRN (2018) 10 NWLR PT. 1626 Pg 169 and JONATHAN v EFCC (unreported) in CA/L/578/2017 delivered on the 12th day of January 2018. Proceeds of Crime The Proceeds of Crime Act has been increasingly used in the UK in relation to IP offences, with law enforcement agencies, industry bodies and private enterprises, finding that significant confiscation orders can act as a strong deterrent to involvement in IP Crimes. The Criminal lifestyle test as applicable under the Proceeds of Crime Act 2002 which has particular relevance to IP Crime. A person has a criminal lifestyle, if he satisfies one or more of the tests set out in the Act- and the first test is that, he is convicted of an offence specified in the relevant schedule which will be provided by the enabling Law regulating IP rights protection. One notable example is that in 2003, Victor Tin Yau Cheng pleaded guilty to Trade Mark Act 1994 offences and was fined £200, but the confiscation order was £334,791.61, and failure to pay would result in a 5year prison term. There is a pending bill before the 8th National Assembly (Nigerian Parliament), which proposes a legislature on proceeds of crime. Conclusion IP Crimes have become an increasingly commercially sensitive area that cannot be overlooked, especially considering the Nigerian economy that prides itself as undergoing diversification from the core oil sector to other feasible and imperishable sectors like the creative industry, with unquantifiable potentials. Regrettably, it has not been given the desired seriousness.

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Applicability of Sections 96, 97 & 98 Sheriffs and Civil Process Act at NICN: Has the last been Heard? This article by Ikenna Okoli and Emma Ndiyo, is a rejoinder to that of Chief Awomolo SAN’s, which was published a few weeks ago, asserting that Section 97 of the Sheriffs and Civil Process Act, also applies to the Federal Courts in Nigeria. They conclude that, the National Industrial Court of Nigeria and all Federal Courts in Nigeria, are not obligated to comply with this provision, as their jurisdiction is the whole of Nigeria, thereby making it implausible for a writ issued in Abuja for service in Ondo State, to be referred to as service outside jurisdiction

Introduction

n 8 January, 2019, an article by Asiwaju Adegboyega Awomolo, SAN under the caption “Applicability of Sections 96, 97 & 98 Sheriffs and Civil Process Act in the National Industrial Court” was published by This Day Lawyer. This essay is in response to the article by Chief Awomolo, SAN. Essentially, Awomolo’s contention is that, contrary to the position of the Court of Appeal in Tukur v Kaduna Polytechnic (Appeal No. CA/A/795/2015), the National Industrial Court of Nigeria (NICN) is obligated to comply with the provisions of the Sheriffs and Civil Process Act (SCPA). He drew this conclusion, by relying on the Supreme Court’s decision in Owners of the MV Arabella v Nigerian Agricultural Insurance Corporation [2008] 11 NWLR (Pt. 1097) 182 (MV Arabella), and the recent decision of the Supreme Court in Izeze v I.N.E.C. [2018] 11 NWLR (Pt. 1629) 110. He argued that, the Court of Appeal’s interpretation of the relevant provisions of the SCPA to arrive at its judgement, was wrong. Discussion In MV Arabella, the Supreme Court decided inter alia, that the issuance and service of Appellant’s writ of summons issued by the Federal High Court in Lagos and served on the Respondent in Abuja, was void for non compliance with Section 97 of the SCPA which mandates the endorsement of all writs to be served out of the State or Capital Territory in which it was issued. In Izeze v I.N.E.C., the Supreme Court inter alia reiterated, in line with the decision in MV Arabella, that non compliance with Section 97 SCPA in an originating process issued in one division of the Federal High Court for service in another division, is void. As earlier shown, Awomolo disagreed with the decision of the Court of Appeal in Tukur v Kaduna Polytechnic, the relevant portion of which he extensively reproduced in his article. The crux of the Court of Appeal’s decision in Tukur v Kaduna Polytechnic, is that the SCPA does not apply to the NICN because the definition of court in Sections 2 and 19 of the SCPA, precludes the National Industrial Court. While Section 2 defines court as “a High Court and a Magistrate’s Court”, Section 19 (1) which qualifies the wide definition in Section 2, defines

a court to include “the High Court of the Federal Capital Territory Abuja or of the State”. The Court of Appeal further distinguished “any court of the State or of the Capital Territory” from a “Court in” a State or the Capital Territory. It defined the former as a court belonging to that State or Capital Territory, whilst the latter, if the term was used, would have included Federal Courts located in that State or Capital Territory. The Court of Appeal concluded that, the NICN is not a court to which Part VII of the SCPA applies, therefore, the issuance and service of its processes do not need to comply with the provisions in Part VII of the SCPA which includes Sections 97 and 99 therein. Awomolo further submitted that, “the interpretation given to Sections 2 and 19 of the SCPA by the Hon. Justices of the Court of Appeal, is rather too narrow, and indeed, defeated the purpose of the enactment of the Act which regulates the service of all civil processes, issued in one State for service in another State, in which it was issued”. Let us immediately state that if the argument, as alluded to by Chief Awomolo, is that under the doctrine of stare decisis, the Court of Appeal in Tukur v Kaduna Polytechnic was bound to come to a different conclusion following the cases of MV Arabella and Izeze v I.N.E.C., we may concede that point. This is because, if Section

“IT IS THEREFORE, DIFFICULT TO UNDERSTAND, WHY A WRIT ISSUED IN ONE DIVISION OF THE FEDERAL HIGH COURT FOR SERVICE IN ANOTHER DIVISION LOCATED IN ANOTHER STATE, WILL BE DEEMED SERVICE OUT OF JURISDICTION”

97 is indeed applicable to the Federal High Court, as held by the Supreme Court in those cases, which we strongly disagree with, then it should invariably be applicable to the NICN. But, that is a discussion for another day. However, we do not agree that the Court of Appeal wrongly interpreted the relevant provisions of the SCPA in Tukur v Kaduna Polytechnic. Indeed, we agree wholly with the reasoning and conclusion reached in that case regarding the application of Section 97 of the SCPA to the NICN. With the greatest respect, the Supreme Court was wrong in its application of Section 97 of the SCPA in MV Arabella and Izeze v I.N.E.C.to the Federal High Court as we shall show anon. As regards territory, the jurisdiction of a High Court of a State is restricted to the territorial boundaries of the State, while that of any federal court like the Federal High Court or the NICN, extends over the entire country. Generally, courts exercise jurisdiction only over persons who are within the territorial limits of their jurisdiction. Consequently, the court has no power to order service out of the area of its jurisdiction, except where so authorised by statute or other rule having force of statute. See Nwabueze v Okoye (1988) 4 N.W.L.R. (Pt. 91) 664 at 680-681. As succinctly explained by Nwadialo, the learned author of Civil Procedure in Nigeria (2nd edition) at pages 265-267, a writ issued by a court of a State can be served on a Defendant in another State. The statutory authority that enables this to be done is the SCPA. The Supreme Court in Nwabueze v Okoye at p. 682 held that, Section 96 (1) and (2) of the SCPA provides authority for service of the writ of summons in that case outside the territorial limits of Anambra State High Court on the Defendants. Nwadialo went further to say that, there are two forms of service out of jurisdiction. The first is, service in one

State of the Federation, of a process issued by a court of another State. The service is within Nigeria, but between different jurisdictions. As far as the Federal Courts are concerned, this situation cannot arise as every part of the country falls within their territorial jurisdiction. The other form is, service outside Nigeria, of a process emanating from a court whether Federal or State. It is clear that Part VII of the SCPA, particularly Sections 96(1) and (2) was made to provide authority for service of originating processes from the court of a State to the court of another State. As the Court of Appeal rightly opined, a distinction must be drawn between a High Court of a State and a High Court in the State. A State High Court is a High Court of a State, while a division of a Federal High Court or NICN will be a High Court in a State. The absurdity of the reasoning and conclusion that Section 97 and indeed, the entire SCPA is applicable to all High Courts, will be further exposed by a consideration of the provisions of Sections 104 and 105 of the SCPA. Section 104 enables any person in whose favour a judgement is given or made in a court of any State or the Capital Territory, to obtain from the Registrar of such court, a certificate of such judgement. Section 105 (1) provides that: “Upon production of such certificate to the Registrar or other proper officer of any court of like jurisdiction in any other State or the Capital territory, such officer shall forthwith register the same by entering the particulars thereof in a book to be kept by such officer and to be called “The Nigeria Register of Judgement”. Section 105 (2) provides that: “From the date of registration the certificate shall be a record of the court CONTINUED ON PAGE 15

26.02.2019

THE LIGHTER SIDE/15

LEGAL HUMOUR

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear counsel, I have suffered huge financial losses and injustice, in the hands of persons whom I trusted with my work, which took me many years and sweat, to build. In 2009, while I was a Youth Corper in Lagos, I wrote a book on skills to survive in a Nigerian city. Because I didn’t really think it would sell, I agreed for a small publishing company to print and publish it. For someone doing his NYSC, I was excited at the opportunity being given me, and the monetary offer was much more than I expected. In 2017, a cousin of mine visited home, from his base in Netherlands, and asked me for a copy of the book. After reading it, he advised that I update the book and add more information, especially with the heightened use of internet and e-transactions. We found out that, the book sold out in a few years, and we couldn’t even lay our hands on any more copies of it. I quickly did a review, upgraded the book and rushed to the office of the company that published it for me, with a view to persuading them to accept the 2nd Edition. I found out to my disappointment that, the company had since closed down and gone out of business. I took the new manuscript to another company, which a friend directed me to. They asked me to leave the materials with them, along with the original copy of the 1st Edition. Three weeks later they called to express regret, that they couldn’t publish the book because, according to them, their stable was full. I was asked to collect my manuscript, and the copy of the book. You can imagine my dismay, when I received a call from a friend in Abuja, that he bought a copy of a book with a slightly different title, but basically with the same content. At my urging, he sent me the book, and I discovered that over 80% of the materials in the book are mine, including my new and updated information. I personally went to their Publisher’s office, and at first, they denied any knowledge about the new book. Subsequently, they admitted that their sister company had published the book, but by another author. Please, what can I do in a situation like this? J.A.

Dear J.A., Although you didn’t state whether the original publication by you was copyrighted, it is presumed that most literary works in Nigeria are, as a matter of procedure, copyrighted by authors and publishers. From this premise, your work has clearly been plagiarised, and your copyright, flagrantly violated. You must engage the services of a Lawyer immediately, to write a pre-action notice to the company for an account of the copies of the book that have been produced, to cease and desist any further publication and sale of your book, destruction of all existing copies of the book, and monetary compensation for stealing and plagiarising your book, infringement of your copyright, your share of the profits from the sales of the book hitherto and so on; that failure to come to a satisfactory settlement with you, will result in your instituting legal proceedings against the publishing company and its staff. The Copyright Act, Chapter 68 Laws of the Federation of Nigeria 1990 states thus at Section18: ‘(1) Any person who- (a) makes or causes to be made for sale, hire, or for the purpose of trade or business any infringing copy of a work in which copyright subsists; or (b) imports or causes to be imported into Nigeria more than two infringing copies of such work; or (c) makes, causes to be made, or has in his possession, any plate, master tape, machine, equipment or contrivance for purpose of making any infringing copy such work; shall, unless he proves to the satisfaction of the court that he did not know and had no reason to believe that, any such copy was an infringement of any such work, or that such plate, master tape, machine, equipment or contrivance for purpose of making any infringing copy of any such work, be guilty of an under this Act and shall be liable on conviction to a fine of an amount not exceeding N1,000 for every copy dealt with in contravention of this section or to a term imprisonment not exceeding five years, or to both such fine and imprisonment.

A carful of recruiters is pulled over, after driving erratically late New Year’s Eve. Obviously intoxicated, the driver manages to hand over his licence. When the motorcycle cop asks him for the registration, he explains that he is the designated driver, not the owner. “How can you be the designated driver, if you’ve been drinking, Sir?” asks the Officer. The recruiter, still tipsy and a bit cheeky, proudly and professionally replies, “Delegated multi-tasking”. ˾˾˾ A very aggressive go-getter Recruiter positions himself in the business district on New Year’s Eve, trying to find new clients or candidates. He thrusts out his résumé, as well dressed professionals walk past, and ambiguously shouts, “Résumé?” One passing wit, who equally appreciates ambiguity, but not the Recruiter’s pushy manner, quips, “No thanks. I already have one.” ˾˾˾ Why are there more Lawyer jokes than recruiter jokes? Because, everybody who contacts them hears back from Lawyers. ˾˾˾ Good News: A busload of Lawyers ran off a cliff. The bus was destroyed, and there were no survivors. Bad News: There were three empty seats.

APPLICABILITY OF SECTIONS 96, 97 & 98 SHERIFFS AND CIVIL PROCESS ACT AT NICN: HAS THE LAST BEEN HEARD? CONTINUED FROM PAGE 14 in which it is registered, and shall have the same force and effect in all respects as a judgement of that court, and the like proceedings may be taken upon the certiﬁcate as if the judgement had been a judgement of that court”. From the foregoing, it is clear that, the reason for the enactment of Sections 104 and 105 of the SCPA, is to enable a party who has obtained judgement against a party in one State court, to be able to give effect to that judgement against a party or property in another State outside the territorial jurisdiction of the State court that pronounced the judgement. Now, applying the reasoning in MV Arabella, would a party who obtained a judgement from Federal High Court, Lagos need to register that judgement at the Federal High Court, Abeokuta, in order for the judgement to have the same force and effect in all respects as a judgement of that court? Certainly not, there is only one Federal High Court with different divisions, so there is only a judgement of that court, irrespective of the division that pronounced it. Just like any judgement given by any division of the High Court of Lagos State, is a judgement of the Lagos State High Court. It is not in dispute that, Section 97 of the SCPA only contemplates endorsement of an originating process for service out of jurisdiction. Support for this position, can be found in most of the authorities that discussed the point. In Izeze v I.N.E.C. (supra) at pp. 127 – 128, the Supreme Court held as follows: “Under Section 97 of the Sheriffs and Civil Process Act, if an originating process for service out of jurisdic-

tion does not have an endorsement: ....”. The question therefore, will be: what will constitute an originating process for service outside jurisdiction? Section 19(1) of the Federal High Court Act provides that, the Federal High Court shall have and exercise jurisdiction throughout Nigeria. All other Federal Courts, have, and exercise jurisdiction all over Nigeria. It is therefore, difficult to understand, why a writ issued in one division of the Federal High Court for service in another division located in another State, will be deemed service out of jurisdiction. The Supreme Court has recently confirmed that, the Federal High Court has and exercises jurisdiction throughout Nigeria. In Akeredolu v Abraham [2018] 10 NWLR (Pt. 1628) 510, by an order of substituted service, originating summons issued by the Federal High Court Abuja, was served on the Appellant. The Appellant contested the service of the process on him, claiming that the Federal High Court has no power to grant an application for substituted service of a process within its area of jurisdiction in the Federal Capital Territory, on the Appellant who resides in Owo, Ondo State. The Supreme Court relied on Section 19(1) of the Federal High Court Act and Order 6 Rule 31 of the Federal High Court (Civil Procedure) Rules, in deciding that the Federal High Court’s jurisdiction is the whole of Nigeria. If as held by the Supreme Court, that the Federal High Court’s jurisdiction is the whole of Nigeria; how can it then be that a writ issued in Abuja for service in Ondo State, will be service outside jurisdiction?

In critiquing the court’s decision in Tukur v Kaduna Polytechnic, Awomolo further argued that, the NICN is bound by all Acts of the National Assembly, and so, is bound by the SCPA. He stated that, the Court of Appeal was wrong when it picked the word ‘court’ and interpreted it in isolation. Awomolo’s conclusion that the NICN is bound by the Acts of the National Assembly, is correct only to the extent that such Acts are so intended to. We agree with the Court of Appeal, that the NICN is not a court to which Part VII of the SCPA applies. The NICN and all Federal Courts in Nigeria, are not obligated to comply with the provisions of Section 97 of the SCPA. Conclusion From the foregoing analysis, we do not agree with Awomolo’s position that Section 97 of the SCPA applies to Federal Courts. We agree with the reasoning and conclusion of the Court of Appeal in Tukur v Kaduna Polytechnic, that Section 97 is not applicable to NICN. Respectfully, we are of the humble but firm view that, the cases of MV Arabella and Izeze v I.N.E.C. were wrongly decided as it relates to the application of Section 97 of the SCPA. It is hoped that in due time, the occasion will arise for the Supreme Court to revisit and overrule MV Arabella, and the cases that followed it. Ikenna Okoli, FCIArb., and Emma Ndiyo, IOL Associates, Lagos

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T H I S D AY ˾ Ͱʹ˜ Ͱͮͯͷ

FEATURES Africa, in particular. Fortunately, major investments are underway to build ports and airports and airlines are being launched or re-launched, in some cases. “The solemn launch by African Heads of States of the Single Africa Air Transport Market in Addis Ababa in January of this year gave a strong push to the materialisation of the Yamoussoukro Decision that had been lingering for decades. To date, some 26 countries have signed on, but an equal number have yet to come onboard, and we hope would join soonest”. A Connected West Africa In her address, Chief Executive Officer, West Africa Tourism Organisation (WATO), Ms. Ola Wright said efforts at building more connected West Africa using West Africa integrated Travel (WAIT) project is already reaching new heights and breaking new grounds in each area of challenge that confronts tourism success in the region. “The vision of WAIT, which was put in motion about a year ago is on course as we continue to gather steam in unveiling fascinating destinations that have been off the beaten tracks for many years, our focus has not shifted,” Wright stated. In deploying the strength of WATO, the WAIT project Wright said took off with launch of ARIYA 2017 during the WTM, Ghana took front seat in championing the mission of WAIT by signing Memorandum of Understanding (MoU) with WATO and soon after hosted the first WAIT Forum, which was held in Accra in March 2018 and had five West African Countries participating. While WATO as an organisation is doing so much to achieve its set objectives by making West African a destination hub, she noted that many African countries have gone further than pay lip service to the call for cooperation among one another so as to boost the commerce of tourism in the region. She concluded by saying that as the organisation moves forward, its target is in sight and will not relent in its efforts to realise a West African Visa. “With one country after the other opening up its borders to its neighbours and international travellers, West Africa will become a huge, diverse, profitable, but single destination for a large number of tourists whose varied interests are met in every way. And with WAIT, the wait will soon be over.

With one country after the other opening up its borders to its neighbours and international travellers, West Africa will become a huge, diverse, proﬁtable, but single destination for a large number of tourists whose varied interests are met in every way

L-R: CEO, WATO, Ola Wright; President, Ghana Tourism Authority , Akwasi Agyeman and President, Federation of Tourism Associations of Nigeria, Sale Rabo

A delegate delivering his lecture to the participants at the forum on how to move West African tourism forward

The borders are unlocked,” she concluded. Integration In applauding this laudable move that would put West African nations on the global map of tourism if realized, Chief Executive Officer, Ghana Tourism Authority, Akwasi Agyeman, said for tourism business in West Africa to be viable, tourism operators have to see it as a business not only that, both private sector and operators must be integrated so that the revenue, which is part of GBP can be well accounted for. “Beyond the aforementioned, we need to invest more in marketing and promote relations between

local entrepreneurs and private sectors. Above all, government should start seeing tourism as a vehicle to drive the economy and also see both business and tourism going hand-in-hand.” Power of Technology President, Federation of Tourism Associations of Nigeria, Rabo Saleh Kareem, in his words said in talking tourism, power of technology must be emphasised. “The power of technology helps to move tourism forward cannot be over-emphasised as it plays a crucial role in promoting tourism that is sustainable. This will also help to sell the region to the world,” Kareem noted.

Though connectivity is still an issue, Kareem believed with the right infrastructure the problem can be solved. Therefore, the burning question is- can the idea of West Africa as a single destination work considering differences in language, currency and who pays for the technology, work? Well, stakeholders at the forum believed harnessing West African tourism potential with the slogan ‘One destination’ is achievable if all stakeholders can be committed to the cause and government should demonstrate political will by seeing the sector as a vehicle to drive the economy and generate more income for their various countries.

5 ) * 4 % ": t TUESDAY, FEBRUARY 26, 2019

T H I S D AY Ëž Í°Í´Ëœ 2019

BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T

REPO 20.25 % 18.83%

CALL 1-MONTH 3-MONTH

17.50% 15.25 % 15.38%

F E B R U A R Y S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

374.79% 0.09% 2.77%

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

2 2 , S & P INDEX 1/4 TO DATE YEAR TO DATE

2 0 1 9 4.99% 4.99%

EXCHANGE RATE ÍąÍŽÍ´Ë›ÍśÍŽÍŻ ĚŠ ĚŠ

Quick Takes Talamus Health Gets Recognition

COURTESY VISIT

L-R: Group Executive, Retail Banking Group, Lagos & West, FirstBank, Tunde Owolabi; President, Nigerian-British Chamber of Commerce (NBCC), Akin Olawore; Chief Executive Officer, FirstBank, Adesola Adeduntan and Deputy President, NBCC, Kayode Falowo, during a courtesy visit by officials of the chamber to the bank in Lagosâ€Ś recently

OPEC Warns of Rising Geopolitical Tensions Chineme Okafor in Abuja The Organisation of Petroleum Exporting Countries (OPEC) has warned that rising geopolitical tensions across the world was still an existential challenge to a stable oil market in 2019. It also noted the potential impact of sanctions and economic recession that have not completely abated, as other sources of uncertainty for the market, stating however that even though this was not within the control of oil producers, it would alongside its non-OPEC allies led by the Russian Federation, work to stabilise the market. Speaking recently in Cairo Egypt, OPECâ€™s Secretary General, Dr. Mohammad Barkindo, said the cartel and its allies were also going to consider instituting a new charter to firm up their bond on rebalancing fluctuations in the global oil market. Barkindo, stated that thoughts about the proposed

ENERGY charter rose from the success of the â€˜Declaration of Cooperationâ€™ the group initiated and signed in 2016 to rebalance the oil market which was rocked by price slides as a result of supply glut. With regards to current conditions in the oil market, Barkindo, said more confidence and optimism were gradually but steadily returning to the market and oil industry, after the 2016 challenges. According to him: â€œParticularly important in reducing the downside supply risk in the oil market has been the proactive and early output adjustments by the â€˜Declaration of Cooperationâ€™ partners. â€œAs a result, the OECD stock overhang is targeted to reign in towards the latest five-year average. Once again, the participating countries have demonstrated their selflessness, dedication and commitment to implementing their voluntary, collective decisions in a trans-

parent and verifiable manner. â€œHowever, a great deal of uncertainty that is beyond the capacity of any one stakeholder to control still remains. Geopolitical tensions, the impact of sanctions, the fact that the risk of a recession has not completely abated - these factors could continue to impact the market throughout 2019.â€? Continuing, he said: â€œNevertheless, the Declaration of Cooperation partners remain steadfast in their determination to take the necessary action to stabilise the market during the course of the year.â€? On the proposed charter to firm up their cooperation and future engagement, Barkindo, stated that the group would meet in Vienna Austria to deliberate on the matter. He indicated the draft charter was endorsed by the group at the fifth OPEC and non-OPEC ministerial meeting in December 2018. He also said the Declaration of Cooperation was OPECâ€™s response to the challenges of the

oil market in 2016, adding that after painstaking consultations and negotiations, â€œwe forged an alliance with 10 non-OPEC producers to create the historic â€˜Declaration of Cooperation,â€™ signed on 10 December 2016. For the first time in the long history of our industry, 24 oil-producing countries came together voluntarily to take concerted action to work to bring sustainable stability to our oil market.â€? According to him, the effort has since paid off even though it was initially written off by pundits in the market who predicted its collapse. â€œAs was the case with the foundation of OPEC, the â€˜Declaration of Cooperationâ€™ was initially met with scepticism upon its formation. Some industry commentators thought that the OPEC and non-OPEC partnership would not last, hold together or honour its commitments. â€œAnd, as was the case with Continued on page 24

No MultipleTaxation in Nigeria, Fowler Insists Jonathan Eze The Executive Chairman, Federal Inland Revenue Service (FIRS), Mr. Babatunde Fowler, has said multiple taxation does not exist in the countryâ€™s tax system. This is just as he urged stakeholders both in the organised private and public sectors to expedite action in payment of taxes. Speaking in an interactive session held in Lagos, with the Manufacturers Association of Nigeria (MAN) recently, the FIRS boss also solicited for more patronage of locally manufactured products in order to encourage them.

TAXATION Fowler, urged operators of micro, small and medium scale enterprises (MSME) to be innovative and do their businesses with ease, by paying a simple tax rate that would help them grow. On his part, MAN President, Ahmed Mansur, said the collaborative engagement between the association and the agency was a commitment to the principles of public-private sector partnership. According to him, the engagement was timely and would help resolve some challenges,

differences and contentious issues that manufacturers are encountering in their relationship with FIRS. He said: â€œMAN sees this as a mark of high esteem accorded to the association and it would provide the platform for us to properly ventilate our experiences, given the roles of manufacturers in the industrial and economic development of our country and the concomitant effect on employment generation, technology acquisition and wealth creation.â€? The MAN president assured that the association shares the views of FIRS, which is part of the transformation initiatives

of the present administration that seeks to create a more prosperous economy through diversification of the economy and government revenue away from the oil dominated foreign earnings to a more predictable source that have the potential to accelerate the countryâ€™s economic growth. He also added that MAN appreciates what FIRS had been doing in the last three years given the fact that revenue from taxes has significantly improved and was fast becoming another credible source of our central governmentâ€™s yearly budget Continued on page 24

Talamus Health Incorporated, an Africa focused health-tech business, has been named in the annual list of the Worldâ€™s Most Innovative Companies for 2019.The list honors the businesses making the most profound impact on both industry and culture, showcasing a variety of ways to thrive in todayâ€™s volatile world. Half of the companies on this yearâ€™s list were appearing for the ďŹ rst time. CommentingontherecognitionbyFastCompany,TalamusfounderDr. Muri Raifu said: â€œBeing recognised by Fast Company for our innovative approach to Healthcare is a great endorsement of our approach to solving healthcare challenges on the African continent. â€œIt follows the United Nations ITUâ€™s recognition of Talamus as the â€˜mostscalablesolutionâ€™intheSMEcategoryoftheir2018Globalawards. â€œThe combination of innovation and scalability is at the heart of our value proposition to the healthcare industry on the continent. Africaâ€™s population is the fastest growing in the world, and its healthcare infrastructure amongst the weakest. Innovative technical solutions that can be scaled to deliver across industry segments and in multiple geographies are vital to getting ahead of that challenge. â€œAlready in Nigeria, Ghana and South Africa, we expect to launch in Zimbabwe, Mozambique in 2019.â€? For decades, the healthcare challenge in Africa and other emerging markets has been dominated by the ďŹ ght against communicable diseases, but underlying this threat has been the growing prominence of chronic illnesses, and a lack of infrastructure and capacity to provide the care needed to address them. Primary Health Care facilities across Africalackcentralisedrecordkeeping,andthechoicesfacingthemhave traditionally been to retain time consuming paper based solutions, or to invest signiďŹ cantly in bulky hardware and software solutions that lack interoperability.

Plaqad CEO Joins BBC Panel

Marketing and communications expert, entrepreneur and CEO of Plaqad Limited, a leading content placement and inďŹ‚uencer marketing platform, Gbenga Sogbaike, recently joined other notable names in the industry to discuss issues relating to building and monetising online inďŹ‚uence at BBC Africaâ€™s panel session at the social media week Lagos. The session which was moderated by BBCâ€™s multimedia Journalist and documentary ďŹ lmmaker, Yemisi Adegoke, also featured speakers like leading travel InďŹ‚uencer and founder,TVP Adventures, Funmi Oyatogun, Journalist and BBC Business Editor, Larry Madowo and leading travel inďŹ‚uencer, blogger and founder Olorisupergal (OSG), Oluwatosin Ajibade. Thepanelsessionthemed:â€œFame,Fortune&TheBusinessofInďŹ‚uence,â€? provided attendees fascinating insights into the world of inďŹ‚uencer marketing and best practices to commercialising large audiences. As part of the session, each of the speakers were required to answer the question: â€œwhich came ďŹ rst, fame or fortune?â€? to which all the panellists agreed that social media popularity and inďŹ‚uence was a precursor to making money as an inďŹ‚uencer. Speaking after the session, Sogbaike said: â€œInďŹ‚uencer marketing is strongly hinged on a human-to-human connection that is too often missing in other forms of marketing. â€œInďŹ‚uencers generally have the unique advantage of having successfully built trust with their audience, brands want to reach. â€œThese inďŹ‚uencers have mastered the art of communicating and engaging with these customers hence it makes great sense for brands to enlist their help to connect with them. â€œInďŹ‚uencer marketing done well provides 11 times higher ROI than traditional forms of digital marketing.â€?

Goldman Sachs Supports Start-up

Goldman Sachs Group Incorporated has backed Rabbet, a United States start-up that develops software to help make construction ďŹ nance more eďŹƒcient.Other investors in the $8 million round include QED Investors and Camber Creek, the companies said. Rabbet, formerly known as Contract Simply, would use the funding to further develop its platform and grow its software engineering and sales team, the company said. Rabbetâ€™s platform helps companies involved in construction ďŹ nance â€” such as banks, developers, and contractors â€” digitise and

â€œCard payments on point of sale terminals in Nigeria grew from a paltry 5,000 monthly volume in 2011 to about 30 million in November 2018, all thanks to the success of the cashless Nigeria initiative launched by the Central Bank of Nigeria and all banks in Nigeria in 2011â€?

Ag. MD/CEO, NIBSS,

Mr. Niyi Ajao

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BUSINESSWORLD OPEC WARNS OF RISING GEOPOLITICAL TENSIONS

OPEC, the cynics have been proven wrong. The ‘Declaration of Cooperation’ has evolved into a permanent feature of the energy landscape. This has been for the benefit of producers, consumers, and, unquestionably, the global economy, as this extraordinary group of producing countries has spared no effort in contributing to market stability,” he stated. “Such has been the success of our cooperation that there is tremendous appetite among participating countries to further institutionalise this relationship. At the 175th OPEC conference and the 5th OPEC and non-OPEC ministerial meeting on the 6th and 7th December 2018, there was an initial endorsement of a draft ‘charter’ which would provide a framework for our future work. Indeed, next week in Vienna, a further meeting will take place to discuss this Charter of Cooperation,” he added. NO MULTIPLE TAXATION IN NIGERIA, FOWLER INSISTS

funding, thereby minimising the vagaries that is associated with oil price at the international market. He further urged that government should widen the tax net rather than increase the tax rate thereby moving up taxes and levies which are usually borne by the narrow tax compliant segments of the populace especially the corporate entities; majority of whom are manufacturers and whose internal system cannot permit avoidance or evasion of tax. MAN commended FIRS for its support and understanding in respect to the Value Added Tax (VAT) exemptions on biscuit and raw materials for the manufacture of diapers, adding that there are still few areas that needed to be reviewed especially on the issue of VAT on raw materials. A total sum of N540.23 billion was generated from the Value Added Tax (VAT) deductions in the second and third quarters of the year (Q2, Q3 2018), the National Bureau of Statistics (NBS) had said.

NEWS

TCN Upgrades Alaoji Transmission Substation Chineme Okafor in Abuja

to 750MVA which makes it the biggest substation in the southern part of the country and has also made the station consistent with redundancy requirement of N-1,” Mbah explained. She added: “With this development, TCN has increased its capacity to supply Enugu distribution company for onward supply to particularly Abia North (Ohafia, Arochukwu, Item, Abriba); Imo State (Okigwe, Arondi-izuogu), parts of Ebonyi and Rivers State.” Mbah, further stated that transmission projects under construction within the region

included four number 132kV substations at Okigwe in Imo State; Mbalano, Ohafia and Arochukwu in Abia State, and that they will improve power supply to these places. “The newly energised 300MVA transformer will also enhance evacuation of power generated into the 132kV grid network from the Alaoji NIPP and Afam power stations. The installation of the transformer was carried out by Messrs Power Control with active support of TCN engineers in Aba sub-region,” she added. Furthermore, she noted that the new 150MVA - 330/132/33kV power trans-

former installed in Kumbtso substation arrived there on the February 15, 2019, from Apapa Port in Lagos, and its installation would commence immediately the transformer is placed on the plinth. According to her: “The new transformer is an addition to the recently repaired 150MVA power transformer which got burnt five years ago in Kumbotso substation. It is noteworthy that it is the first time a badly damaged150MVA was repaired in the history of Nigeria power sector. “As soon as the installation of the new 150MVA transformer is complete, the

capacity of Kumbotso will become 4X150MVA and will further improve bulk power supply for onward delivery to Dakata, Wudil and Dan Agundi in Kano; Dutse and Hadeja in Jigawa State; Azare in Bauchi State; Katsina, Kankia, and Daura in Katsina; and finally to Maradi and Gazawa in Niger Republic respectively.” She reiterated the resolve of the TCN to consistently contribute its quota to stable power supply in Nigeria by upgrading and investing in the national grid through its Transmission Rehabilitation and Expansion Programme (TREP).

The electricity transmission capacity of the Alaoji transmission substation of the Transmission Company of Nigeria (TCN), has been upgraded to 750 megavolt amp (MVA) from 450MVA, making it the biggest of its kind on southern Nigeria, the TCN has said. According to a statement from the General Manager, Public Affairs of the TCN, Mrs. Ndidi Mbah, the upgraded substation would now allow the TCN channel more electricity to the Enugu electricity distribution company (Disco) for onward distribution to customers under its distribution network. Mbah, said the upgrade of the substation was in line with the federal government’s plan to increase power supply to Nigerians, adding that a brand new 300MVA - 330/132/33kV power transformer was installed at the Alaoji substation to raise its capacity to 750MVA. She equally noted that another brand new 150MVA - 330/132/33kV power transformer has been dispatched for installation at its Kumbotso substation in Kano, to replace one of the four 150MVA transformers that was taken out for repairs. “The brand new 300MVA power transformer, energised on February 12th, 2019 in Alaoji Transmission Substation, L – R: Divisional Head, Client Coverage and Wealth, Sterling Bank Plc, Mojisola Bakare; Managing Director/CEO, Abubakar Suleiman; Head, has increased the station’s in- Listing Business Division, Nigerian Stock Exchange (NSE), Mr. Olumide Bolumole; Company Secretary, Sterling Bank, Justina Lewa and stalled capacity from 450MVA Capital Management, Enabruke Oju, during the listing of Sterling Investment Management Bonds on the NSE in Lagos…recently

BOND LISTING

Axxela Gets SON Integrated Management Systems Certifications Chineme Okafor in Abuja Gas and power firm, Axxela Limited, has been issued three certifications on integrated management systems, by the Standards Organisation of Nigeria (SON). They include ISO 9001:2015, ISO 14001:2015, and ISO 45001:2018. This came after the company was successfully adjudged to have achieved its implementation, evaluation, and certification of the systems. A statement from the firm stated that the three SON certifications underscored its long-standing commitment to Environmental, Health, Safety and Quality (EHSQ)

management. It explained that Axxela would be the first organisation operating in Nigeria’s oil and gas industry to have earned all three certifications from the SON simultaneously. According to the statement, an Integrated Management System (IMS) collates all of an organisation’s systems and processes into one holistic framework, enabling it function as a single unit with streamlined objectives. It quoted its Chief Executive Officer (CEO), Bolaji Osunsanya, to have said the accomplishment was in line with the operational ethics of Axxela. “We constantly strive to apply global best practices across all facets of our enterprise to

maintain a high standard of quality, occupational health and protection of the environment. “My commendations go out to the Axxela team for continually pushing the envelope, and as we advance economic empowerment and industrialisation across the region, these integrated certifications are testament to our collective efficacy as an organisation,” said Osunsanya, in the statement. Also, Axxela’s EHSQ Manager, Uche Okpala said: “We actively engage SON, the frontline certification body and Nigerian representative of the International Organisation for Standardisation (ISO), to provide objective assessments of our

management systems. “Since 2009, our quality management system was certified in accordance with the requirements of ISO 9001:2008. This heralded subsequent efforts to consolidate this achievement with certifications in Environmental Management System (ISO 14001:2004) and Occupational Health and Safety (ISO 45001:2018).” “In keeping with the maintenance requirements of these standards, we have always maintained our certifications to the latest revisions, culminating in our most recent implementation, transition and certification across the three Integrated Management Systems,” Okpala, added.

Meanwhile, a separate statement noted that Axxela sponsored and participated in a drivers’ interactive workshop organised by the Lagos State Ministry of Transportation and the Lagos Chamber of Commerce and Industry. It stated that the workshop, titled “Promoting Road Safety in a Smart City,” enabled stakeholders discuss issues pertaining to the training, certification, and safety of all professional drivers within the private and public sectors across the state. Axxela’s Regulatory Liaison Manager, Henry Sanyaolu, said the significance of the event was that it was meant to improve the safety and well-being of people living in Lagos.

Group Approves Genetically Modified Cowpea Jonathan Eze Group Business Editor

Obinna Chima

Capital Market Editor

Goddy Egene

AgriBusiness/Industry Editor

Jonathan Eze

Comms/e-Business Editor

Emma Okonji

Senior Correspondent

Raheem Akingbolu (Advertising) Correspondents

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

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

The Nigerian Biosafety Management Agency (NBMA) has approved the commercial release of genetically modified, pest-resistant cowpea to farmers in Nigeria. This places the country on the path to becoming the first country ever to cultivate biotech cowpea. This development adds a new crop to the global biotech basket from Africa. NBMA’s approval allows the Institute for Agricultural Research (IAR) to commercially release Pod Borer-Resistant Cowpea (PBR Cowpea)-event AAT709A, genetically improved

to resist Maruca vitrata. This permit is valid until the end of 2022. Principal Scientist in Plant Biotechnology at International Institute of Tropical Agriculture (IITA), Leena Tripathi, expressed delight stating, “This is indeed good news for IITA and Nigeria at large, as the first GM food crop will be available for commercialisation.” Cowpea is an important staple crop in sub-Saharan Africa, serving human consumption needs as well as being a good source of quality fodder for livestock. However, cowpea farmers face a challenge with a tradition-

ally low yield factor due to its susceptibility to many insect pests at different stages of its production lifecycle. As a result, if farmers want to get a good yield they need to apply multiple insecticide sprays during the course of the production in the fields. One of the most damaging insect pests that attack the cowpea plant is the Maruca vitrata, commonly called the maruca pod borer, which causes 70–90 per cent yield loss for farmers. Due to high costs and, sometimes, unavailability of suitable insecticides, many cowpea farmers resort to harmful cotton insecticides to spray cowpea

fields. This has unfortunately led to significant numbers of intoxication and deaths. IITA, which has cowpea as one of its mandate crops, along with other research partners, decided to focus on developing an improved cowpea variety that would be resistant to maruca. To achieve this, more than 15,000 cowpea varieties in the IITA germplasm bank were evaluated for resistance to maruca. Giving an overview of the project, IITA Legume Geneticist and Breeder, Christian Fatokun stated that the researchers also evaluated wild relatives where resistance to this pest was

detected in one called Vigna vexillata. Concerted efforts were made to cross this wild relative to cowpea but proved unsuccessful. With the lack of success of conventional breeding for resistance, the collaborators on the project decided to adopt a biotech approach that would result in genetically modified cowpea. Previous research using a bacterium called Baccilus thuringiensis (Bt) to confer resistance in maize crop had proved quite successful and some of the Bt gene strains have been found be effective against maruca.

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BUSINESSWORLD

ENERGY

How FG Missed Power Supply Target Chineme Okafor, writes on how the federal government failed to deliver its promise of an additional 945 megawatts of electricity to the national grid by the end of 2018 In October 2018, the Minister of Power, Works and Housing, Mr. Babatunde Fashola, had promised Nigerians that nationwide power supply will get better with an anticipated addition of 945 megawatts (MW) of electricity into the grid before the end of that year. Fashola, had while speaking at a business breakfast meeting of the Nigeria-South Africa Chamber of Commerce in Lagos, had said then that additional power worth that volume would be generated to the national grid from the 450MW Azura Edo power plant; 215MW Kaduna power plant; 240MW Afam-V power plant and 40MW Kashimbilla hydro plant, by the end of 2018. By his appraisal, the minister had explained that the power sector had recorded successful improvements in its generation, transmission and distribution sub-sectors, and added that these plants would take the generation capacity of the country to new heights. But an analysis of operational data obtained from the office of the Vice President, Prof. Yemi Osinbajo, by THISDAY showed that power generation did not add that much as promised by the government by the end of December 2018, or even since the beginning of the year. As a matter of fact, the data showed that while the average power generated and distributed to Nigerians in December 2018 was 4,093MW, the country in the first one month of 2019, had 3,952MW supplied to it, thus, representing a decline from the December 2018 level of generation by 141MW or 3.4 per cent. Again, the data from the Advisory Power Team in Osinbajo’s office, indicated that out of the four power plants the government based its expectation of an extra 945MW electricity supply to the grid, only the 450MW-capacity Azura Edo power plant was on the grid while the other three were yet to come in. By April 2018, Azura had however announced the completion of its plant, indicating that all of its three turbines with a collective output of 450MW were deployed in Nigeria’s national grid, to suggest that the government only had about 495MW of electricity to add from Kaduna, Afam and Kashimbila, but could not eventually. How the Target Was Missed Based on Fashola’s promise, and a review of subsequent developments at the three power plants that could have given the country additional 495MW since Azura was already producing energy ahead of the promise, THISDAY found that the government failed on this on account of sundry issues related to poor project management and financial commitments, as well as statutory parliamentary inquest. For instance, during his visit to the 215MW Kaduna power plant, Fashola had said four out of the eight turbines installed at the site of the plant had been completed and ready to begin producing electricity to the national grid. He said progress had been made at the plant since he last visited it about a year ago, noting that every megawatts of power that can be gotten from the plant would be added to the national grid. “We have also tested four of the turbines, preparatory for commissioning, so there are essentially four turbines that are ready to go. “So, every megawatt we can deliver from this project, considering that each of the turbines is 25 megawatts, is additional power. “Clearly this will boost our incremental power objective and we are on our way. It will just take those man hours and those challenges to get to our destination,” the minister had explained. But, the Project Manager at Rockson Engineering which was contracted to build the plant, Mr. Sunny Okwedi, explained that while four of the plants eight turbines had

been completed and ready to be powered, they however would not be switched on until the Power Control Motor (PCM) was installed with the switch yard commissioned. Okwedi had explained: “We have done the cabling works, the pipe connection, the fuel tank with the switch yard and its control building almost completed. The PCM is already on site and from the discussion with our receiver managers, we are going to start the process of installation by next week.” Even with such assurance, power still hasn’t flowed from the plant because as THISDAY learnt, the Kaduna power plant which was initially designed to use gas, may have been converted to use diesel and the development attracted the attention of the national parliament which frowned at the adjustment. Also, recent reports indicated that the ministry would be shopping for money to finance its procurement of large volumes of diesel to test-run the four completed turbines of the plant. For Kashimbila, the Project Manager at the ministry of power, Mr. Aliyu Abubakar, had while giving an update on the status of the hydro power project during a recent inspection tour, said the power plant was ready but its power evacuation section was not. Abubakar, reportedly explained that the project for the power evacuation section of the plant was at 88 per cent construction level, and would be completed by February, 2019, thus, shooting down the government’s

We have also tested four of the turbines, preparatory for commissioning, so there are essentially four turbines that are ready to go. So, every megawatt we can deliver from this project, considering that each of the turbines is 25 megawatts, is additional power

expectation of more power from Kashimbila by the end of 2018. “The power evacuation project is 88 per cent complete. However, the hydropower plant is 100 per cent complete. It was built and handed over to the Federal Ministry of Water Resources on October 17, 2017,” said Abubakar at the time of the tour. For the 240MW container-mounted Afam-V power plant, it was a case of the government reportedly failing to live up to the conditions agreed with General Electric (GE) for the project. THISDAY learnt from reliable industry sources associated with the $186 million fast power project that the government failed on the payment promise and was not able to provide a payment guarantee of Letter of Credit (LC) as agreed, thus forcing GE to mothball the plant and further demobilised until when the government was ready to do what was agreed. GE, had signed a Memorandum of Understanding with the government in 2016 for the speedy construction of the plant within a space of about two years, as against the normal four years’ requirement for projects of similar magnitude. The plant was also to co-habit with the existing Afam Power Plc in Rivers State but not to feed-off the existing plant. However, THISDAY also learnt that instead of securing gas for the plant by activating a Gas Supply Agreement (GSA) with Shell Petroleum Development Company (SPDC) as part of the Conditions Precedent (CP) in the arrangement, the government failed, and intended to use the gas from the existing Afam plant to power the new fast power. It was further gathered that even at that, the plan was structured along very faulty transaction lines, thus ending the government’s target of getting 240MW to the grid by the end of 2018. Uncertain circumstances But even at that, existing conditions suggest the country’s power sector could continue to struggle for a while, and power production still constrained by sundry issues. For example, THISDAY gathered from the data obtained from Osinbajo’s office, that between January 1, and February 23 – a period of 54 days in 2019, the country had produced and supplied an average of 4,065MW daily, while equally failing to produce on the average, 2,935MW of electricity daily.

It also has lost N76.076 billion within this period on account of insufficient gas supply; distribution and transmission constraints, as well as water reserves issues. These according to industry experts suggest that even if the three power plants were ready, they may have to contend with these issues. Besides, it was also gathered that the poor remittance levels of the 11 electricity distribution companies (Discos) may defeat the plan of the government to use the N701 billion Central Bank of Nigerian (CBN) bailout fund sourced in 2017, to galvanise the power sector which is financially-challenged. The government had through the Permanent Secretary in the ministry of power, Mr. Louis Edozein, declared recently that it may soon discontinue its payment of financial shortfalls to power generation companies (Gencos) once the N701 billion finishes. THISDAY therefore analysed market records from the Nigerian Bulk Electricity Trading Plc (NBET) to find that the intentions of the bailout scheme may not be met after all because the Discos remittances to the market were still very poor, and not heading to the upward direction the government had intended. From THISDAY’s analysis of the market records, the original intention of the bailout funds which was to support the Gencos to continue to produce electricity for at least two years when the Discos would be able to pay substantially for power sold to them, could be missed with the Discos remitting an average of 25.5 per cent monthly to the NBET for power sold to them as against 80 per cent that was expected would have been the case by the end of 2018. This development thus means that the 80 per cent Discos remittance level the NBET anticipated would have been achieved by the expiration of the N701 billion payment window in December 2018 may not be feasible, and the market’s financial troubles likely to continue with the government withdrawing its support. Commenting on the issues, especially with regards to the power market’s been able to support deployment the new generation capacities the government had promised, a former Managing Director at NBET, Mr. Rumundaka Wonodi, told THISDAY that it would be relatively tough. “No! No adequate transmission wheeling capacity, not enough distribution capacity and fuel supply remains a challenge,” Wonodi, said in his assessment of the situation.

T H I S D AY Ëž Í°Í´Ëœ Í°ÍŽÍŻÍˇ

StanChart Introduces More Digitally-led Retail Banks Nume Ekeghe Standard Chartered has announced that it had completed a simultaneous multi-market launch of its digitally-led retail banks in Tanzania and Ghana, with Kenyaâ€™s roll out scheduled to occur shortly. This followed the launch of the bankâ€™s digital offering in Uganda in January this year and CĂ´te dâ€™Ivoire in 2018. The expansion was part of the bankâ€™s overarching digital transformation strategy for the

African continent. The most recent roll-outs provided Tanzania and Ghana with access to the mobile-led digital bank platform, which has added benefits such as instant account opening (available in local and US currencies), zero fee on bill payment, zero monthly ledger, no minimum balance, and free initial ATM cards. A statement from the bank explained that customers would also benefit from over 70 client services, as well as a client on-

boarding experience under 15 minutes. Additionally, the roll-out would offer customers exclusive retail, travel and dining experiences through the bankâ€™s strategic local alliances. Commenting on the launch, Regional CEO, Africa and Middle East for the bank, Sunil Kaushal, was quoted to have said: â€œDigitising Africa continues to be an integral component of our strategic transformation, and we have been steadily expanding our

footprint across the continent. â€œWe are constantly looking for ways to push the boundaries, by providing our customers innovative solutions and technologies. Ultimately, it is about listening to what our clients want and meeting their banking needs by offering a digital platform to do their banking anytime and anywhere, through the channel they prefer.â€? Standard Charteredâ€™s digital bank roll-outs are aimed at increasing digital adoption

amongst customers, with a focus on young digital natives. To support this, the bank is running a marketing campaign which will remind consumers that banking should not stop them from doing what they love to do, and when they want to do them. The campaign, called â€˜Beunstoppable,â€™ will run across traditional and social media in the markets. As part of the activation launch in Tanzania, Standard Chartered has also partnered with local Tanzania recording

star Vanessa Mdee, who will lend her image and voice to the campaign. In Ghana, the bank has collaborated with leading influencer, TV host and actress, Joselyn Dumas to support with the campaign roll out. Both Vanessa and Joselyn will participate in activations which will take place throughout the year. The bankâ€™s digital services are available by downloading the Standard Chartered mobile application via the Google play store or Apple store.

Firm Launches New Store in Lagos Ugo Aliogo Ocean Basket has launched a new store in Ikeja GRA, Lagos as part of its commitment to continue serving its esteemed customers, while also using the opportunity to launch its sushi menu. Speaking at the launch of the new store recently, the Executive Chairman, Ocean Basket Nigeria, Mr. Kayode Olumartins, said the restaurant was traditionally known for its value for money concept, stating that they ensure that customers patronises the restaurant get value for their money. He also noted that they are not in business to make money overnight; but to ensure they provide affordable and good quality sea food for customers within their budget. Martins, explained that since they started the restaurant in Nigeria, patronage has been fantastic, noting that Nigerians have responded well to the Ocean basket brand. â€œOcean basket doesnâ€™t have what is called foreign recipe, the initial stores of ocean basket opened as Mediterranean Sea food restaurant touting the Mediterranean brand,â€? he noted. He remarked that over the years, they have put in a bit

of flavour into their menu, stating that they have menu items that are not traditionally European or Western. He added that in Nigeria, they are actually allowed to sell local sea food dishes, which he noted that they have been doing that since 2014. According to him, â€œWe sell fish pepper soup and sea food pepper soup, spicy sea food pasta which are spicy sea food pasta, and stuffs. They are basically special within the Nigeria market. â€œYou will not go to any of the stores and find those menu items, but in Nigeria you will find them because what ocean basket does is that they allow you to take in the local flavour into your restaurant so that the local people would actually appreciate ocean basket diverse menu. â€œHaving said that the reception of the ocean basket brand has been great in Nigeria, people have received it well, they are coming and they are actually happy about it the menu item that we sell right. â€œWe have a roll out map plan of about 10 stores nationally and we had to do a lot of research about where we will place our stores. Our first store being in Victoria Island, then we decided to come to the mainland.

Ecobank Foundation Supports Film Industry The Ecobank Foundation is delighted to honour the African film portraying the most positive image of the continent, at the prestigious 2019 Festival Panafricain du CinĂŠma et de la TĂŠlĂŠvision Ougadougou (FESPACO). The 2019 FESPACO festival runs from 23rd February until 2nd March in Ougadougou, Burkina Faso. The festival is held every two years and is celebrating its 50th anniversary this year. Organised by the Government of Burkina Faso, FESPACO is regarded as the most important film and cultural event on the African continent. â€œIt is a real honour for the Ecobank Foundation to sponsor such an important prize at this stellar film festival in Ougadougou,â€? the Chief Operating Officer of Ecobank Foundation, Carl Manlan said. â€œAfricaâ€™s film industry is enjoying ever increasing global attention and acclaim,

and we place great importance in providing public recognition to the film which best portrays the positivity of Africa. â€œThe SembĂ¨ne Ousmane special prize will be awarded to the film which most reflects Ecobankâ€™s value of dignity, honour and good governance.â€? Named after one of Frenchspeaking luminary African creative writers, the Ecobank Foundation has been sponsoring the SembĂ¨ne Ousmane special prize since 2007. This year the following industry experts will select the winning film: Denise EpotĂŠ (Chair of the jury and Regional Director Africa of TV5 Monde), Clarence Delgado (filmmaker and former assistant of SembĂ¨ne Ousmane), Cheick Oumar Cissoko (filmmaker and former Minister of Culture of Mali), and Issa Soma (journalist). The winner of the prize will receive XOF 5,000,000 and a bronze trophy, representing the bust of SembĂ¨ne Ousmane.

KNOWLEDGE SHARING

L-R: Chief Technology Officer (CTO), Terragon Group, Ayodeji Balogun; Executive Director, Technology and Core Services, Appzone, Wale Onawunmi; Senior Fellow, Information Systems, Lagos Business School, Dr. Olayinka David-West; Chief Transformation Officer, MTN, Bayo Adekanmbi and General Manager, Flutterwave, Ernest Terry, during a session on artificial intelligence at the Nerds Unite 2019, MainOneâ€™s annual technology conference held in Lagos... recently etop ukutt

IFAD, Egypt Commits $81m to Environment The International Fund for Agricultural Development (IFAD) and Egypt have signed a financing agreement to reduce poverty and enhance food and nutrition security by sustainably improving incomes and resilient livelihoods for 450,000 rural people in the Matrouh Governorate. The agreement for the Promoting Resilience in Desert Environments (PRIDE) project was signed by Gilbert F. Houngbo, President of IFAD, and Sahar Nasr, Minister of Investment and International Cooperation, Egypt. The total cost of the project is US$81.6 million, including a $61.9 million loan and a $1 million grant from IFAD. The government would contribute $14 million and the private sector would make up the difference. â€œA new development axis for Agribusiness Investments in Egypt, would be a chance

though especially in the context of supporting small investors and start-ups, as well as empowering youth and innovative projects in agriculture sector, with the ultimate objective of sustainability and inclusive growth,â€? Nasr said. â€œThe project will be a transformation, and an excellent example of the strategic partnership between with International Fund for Agricultural Development (IFAD) in priority Governorates.â€? â€œIFADâ€™s collaboration through PRIDE will also link to and leverage national initiatives that the Government of Egypt is focusing on, including the Sustainable Development Strategy: Egypt Vision 2030 and a 1.5 million feddan governmental initiative aimed at increasing Egyptâ€™s farmlands and fostering livelihood opportunities for young farmers,â€? the Regional Director, Near East, North Africa and Central

Asia (NEN) Division at IFAD, Khalida Bouzar said. â€œPRIDE will also benefit from IFADâ€™s experience working with smallholders and settling communities on the new lands.â€? The project aims to address two key challenges in the lower Nile region â€“ the impact of climate change and malnutrition â€“ by building climate resilience in disadvantaged communities and offering a variety of nutrition-sensitive activities. The project is expected to improve the nutritional and socio-economic profiles and productive capacities of local communities, including a 19,000 feddan (7,980 hectare) increase in the area under agricultural production due to the development and rehabilitation of wadis through rain-water harvesting infrastructure and planting of fig and olive trees and the introduction of new technologies, such as electronic

tablets, to improve water quality monitoring and management among women and men. To tackle nutrition-related challenges prevailing in the targeted area, the project would work to improve the diets of women and children while helping them access better water and sanitation. By building schools and health clinics, the project would provide sanitation facilities for 18,000 rural people, education for 1,000 students and health facilities for 15,000 women annually. In addition, the project would increase livestock productivity; and support families on newly reclaimed desert lands to cultivate suitable crops. Since 1979, IFAD has financed 13 rural development programmes and projects in Egypt, investing $456 million or $842 million when co-financing is included. These projects and programmes have benefitted around 7.2 million rural people.

Samsung Celebrates 10yrs of Innovation Emma Okonji Samsung has celebrated a decade since the launch of the first Galaxy S. This is just as the global company introduced a new line of premium smartphones: Galaxy S10. With three unique devices, the Galaxy S10 line is engineered to meet the distinct needs of todayâ€™s smartphone market, so consumers can do more of what they love. Each device delivers a nextgeneration experience in the categories consumers care about most: ground-breaking

innovations in display, camera and performance. As testament to a decade of innovations, Galaxy S10 was designed for those who want a premium smartphone with powerful performance and sets the stage for the next generation of mobile experiences. While the Galaxy S10+ takes every spec â€“ from display, to camera, to performance â€“ to the next level, Galaxy S10e was built for those who want all the premium essentials in a compact package on a flat screen. Announcing the the Galaxy S10 line of smartphones,

Managing Director at Samsung Electronics West Africa, Mr. David Suh, said: â€œSince its launch ten years ago, the Galaxy S series has stood for premium innovation â€“ offering consumers an incredible experience, and the ability to find the device thatâ€™s right for them. â€œGalaxy S10 builds on that incredible legacy, and delivers breakthrough display, camera, and performance innovations. With three premium devices, each built for a unique consumer in mind, Samsung is leveraging a decade of industry leadership to usher in a new

era of smartphone technology.â€? Galaxy S10 is made with Samsungâ€™s best screen yet, the worldâ€™s first Dynamic AMOLED display. As the first HDR10+-certified smartphone, the display delivers vivid digital content, and with dynamic tone mapping, customers could see a wider range of colour for a brilliant, realistic picture. Galaxy S10â€™s Dynamic AMOLED display is also VDE-certified for vibrant bright colours and the industryâ€™s best contrast ratio on a mobile device for even deeper blacks and brighter whites

5 ) * 4 % ": t TUESDAY, FEBRUARY 26, 2019

T H I S D AY ˾ TUESDAY FEBRUARY 26, 2019

PROPERTY & ENVIRONMENT UN Advises Nations to Priotise Full Implementation of Katowice Climate Package Bennett Oghifo

nited Nation’s Climate Chief, Patricia Espinosa has advised national governments to make the full implementation of the Paris Agreement a priority now that the Katowice Climate Package agreed, last December, at COP24 provides details needed to make it operational. The Paris Agreement sets the ambitious goal of limiting global warming to well below 2°C while pursuing efforts to limit the increase to 1.5°C. According to the Intergovernmental Panel on Climate Change, “If we are to limit warming to 1.5°C we will need to lower our CO2 emissions by about 45% by 2030 (compared to 2010 levels). Even limiting global warming to 2°C will require nothing less than transitioning to a carbon-neutral economy by the middle of this century – only several decades from now.” A statement by the United Nations Framework Convention on Climate Change (UNFCCC) noted the excitement that followed the adoption of the 2015 Paris Agreement, saying it was clear that further details needed to be negotiated on how the agreement would be implemented transparently and fairly for all. The statement said against the backdrop of rising global emissions and multiplying signs of climate change, such as wild fires, droughts and storms, countries began negotiating in 2016. Countries set a deadline for themselves to complete these negotiations on the implementation guidelines in 2018 at COP24. “Recognising the urgency, governments overcame difficult political and complex technical issues to agree the Katowice Climate Package at COP24,”

said Patricia Espinosa. “The Katowice Climate Package agreed at COP24 provides the details that are needed to make the Paris Agreement operational. Preparing for its full implementation at the national level now needs to be a priority,” said Ms. Espinosa. “All evidence from the past 10 years points to clear and overwhelming social and economic benefits of climate action. The full implementation of the agreement at the national level means that countries and non-state actors alike can fully capitalise on these benefits as they enter a new era of accelerated climate action,” she added. The Package sets out the essential procedures and mechanisms that will make the Paris Agreement operational. The successful adoption of well-crafted implementation guidelines promises to build greater trust and to strengthen international cooperation on one of the greatest challenges of our times: transitioning to a low-emissions, climate-resilient world. The implementation guidelines for the Paris Agreement respect the different capabilities and socio-economic realities of each country while providing the foundation for ever-increasing ambition with respect to climate action. They establish an effective international system for promoting and tracking progress while empowering countries to build national systems for implementing the Agreement. Functioning together, these systems will enable countries to transparently contribute their share of action for tackling the global challenge of climate change. The Katowice outcome is a complex package, achieved through in-depth technical discussions and political compromise and containing operational

Prepare for climate change-induced ﬂooding

guidance on: the information about domestic mitigation and other climate goals and activities that governments will provide in their Nationally Determined Contributions (NDCs); how to communicate about efforts to adapt to climate impacts; the rules for functioning of the Transparency Framework, which will show to the world what countries are doing about climate change; establishment of a committee to facilitate implementation of the Paris Agreement and promote compliance with the obligations undertaken under the Agreement; how to conduct the Global Stocktake of overall progress towards the aims of the Paris Agreement; how to assess progress on the development and transfer of technology; how to provide advance information on financial support to developing countries and the process for establishing new targets on finance from 2025 onwards.

The Paris Agreement sets the long-term goal of limiting global warming to well below 2°C while pursuing efforts to limit the increase to 1.5°C. Achieving this global aim will require each country to take action. Reflecting its “common but differentiated responsibilities and respective capacities,” each government can update or submit its Nationally Determined Contributions (NDC), which describe its climate goals and activities, in particular those relating to mitigation. Each NDC will be updated every five years and should demonstrate increased ambition over the previous one. The Katowice package provides detailed guidance on how NDCs are to be presented. This guidance is to be applied to the second NDC to be submitted by 2025. If a country voluntarily chooses to do so, it may also apply these to its

first NDC. Many first NDCs have already been submitted although governments agreed to officially do so by 2020. The agreed guidance describes the contents of and approach to the mitigation goals and activities, thus ensuring comparability from NDC to NDC. The guidelines also address mitigation co-benefits (for example, resulting from economic diversification), the provision of capacity-building support to developing countries for producing their NDCs, the use by all Parties of a common timeframe for communicating NDCs as from 2025 and the negative impacts of response measures on certain countries and sectors. Importantly, the guidance also includes the modalities for the operation and use of a public NDC registry, for which the secretariat is developing a prototype for the Parties’ con-

sideration. The prototype will be based on a current interim NDC registry. It will be made available together with the new Adaptation Communications registry through one portal with two parts. These guidelines will be reviewed and if necessary updated during the course of the next decade. In addition to mitigation, the implementation guidelines provide clarity about how to track efforts to enhance national capacities for adapting to climate change impacts. This is essential because, even if all greenhouse gas emissions were to completely stop tomorrow, the climate will continue to change due to past emissions. The less the world succeeds in reducing future emissions, the more work it will need to do to adapt to impacts and the more critical the situation will be for the most vulnerable.

New Report Links Worst Global Risks to Water Educationist Seeks Proper Maintenance of Public Infrastructure Water is one of the world’s extreme weather events; failure or our stormwater drains or gravest risks, according to the Global Risks Report published earlier this week at the World Economic Forum in Davos. And the situation is actually worse than it might seem at first glance. According to the author, Jens Berggren, Spokesperson, Advisor, Office of the ED of Stockholm International Water Institute (SIWI), “Every year, the World Economic Forum asks some 1,000 decision-makers from the public sector, business, academia and civil society across the globe to assess the risks facing the world over the decade to come. Since 2012, water crisis has consistently been ranked as one of the threats with the highest potential impact as well as likelihood.” This year “water crisis” is named as the risk with the fourth biggest impact. When asked how likely the risks are to occur, “water crisis” is placed as number nine. The top scores on both impact and likelihood are perceived to be:

of climate change mitigation and adaptation; and natural disasters. “But wait a minute – what are extreme weather events, poorly managed climate change and natural disasters? Almost always the answer is water. Of the 1,000 most severe disasters that have occurred since 1990, water-related disasters accounted for 90 per cent! With extreme water and weather events increasing in both frequency and severity in the wake of climate change, floods and droughts are set to strike harder and more often in the years to come. Annual flood losses in Europe are expected to increase five-fold to 2050 and up to 17-fold by 2080,” the report says. “Water doesn’t have to create a disaster to be a problem. The sheer uncertainty around the future water availability is causing planning problems for cities, businesses and households. Shall we invest in expanding our water supplies

both? Should farmers invest in draining or irrigation? Does your home insurance cover both wild fires and mud slides? “During last summer’s heat wave in Sweden, fans were out of stock almost everywhere, reportedly creating a secondhand market where 50 SEK fans sold for 1,500 SEK. Will fans be the hot item in 2019 as well or will rainwear be the coolest thing around? “On closer inspection, 9 of the 10 risks with above average impact and likelihood have clear linkages to water. Apart from the already mentioned, poor water governance too often plays a part in “man-made natural disasters”, “large-scale involuntary migration”, “interstate conflict” and “failure of regional or global governance”, as well as “bio-diversity loss and ecosystem collapse” where populations of freshwater species have declined by an average of 83 per cent over the last fifty years, far more than species on land or in the sea.”

Fadekemi Ajakaiye

A retired Director of Education, Lagos State Public Service, Mrs. Adekunbi Olomola, has called for adequate maintenance of public infrastructure to enhance their life span and sustenance. Olomola made the call recently in Lagos during her statutory retirement after 35 years in public service and 60th birthday celebration. She said lack of maintenance culture among Nigerians, particularly in the public schools, was responsible for the dearth of infrastructure facilities in the country. According to her, government schools have got lots of infrastructure, equipment and new projects, but lack the ability to monitor, maintain and sustain them. Olomola said: “Generally, we believe in having new projects, which is good, but what matters is their sustenance. “If the Government Technical College will maintain and

sustain the existing equipment, machines and educational instruments, it will go a long way to improve the educational development of the state.” She, however, urged nongovernmental organisations (NGOs) and good spirited Nigerian to assist in the provision of more equipment and facilities to aid educational development. Mrs. Olomola, a graphic artist and former Head of Miscellaneous Department at the Government Technical College in Lagos, is the widow of Dr. Femi Olomola, the 21st President of the Nigerian Institute of Town Planners (NITP), who passed on May 31, 2016 after a brief illness. He was aged 65. In his remarks, Mr. Ololade Olugbemi, the Principal, Government Technical College, Lagos, enjoined civil servants in the public schools to be more innovative, tolerance and emulate Olomola in the course of discharging their duties.

Olugbemi said that the retiree, through the assistance of Lions’ Club, Ikeja, created and restructured the school Printing and Graphic Department and donated the first two sets of computers used by students in the school. The principal stressed the need to encourage and mentor the students in their academic pursuit. He said that the students only need support and encouragement from the teachers, governments and organisations to bring their creative minds to the fore. Olugbemi said: “The retiree is a world changer in work place. She built capacities for skills development. “She motivated students through small scholarship scheme, enhance them with weekend and holiday jobs so as to make them earn income genuinely to progress their studies instead of begging or engaging in inappropriate behaviours.”

5 ) * 4 % ": t TUESDAY, FEBRUARY 26, 2019

T H I S D AY Ëž Í°Í´Ëœ 2019

BUSINESS/MONEYGUIDE

Enyo,Retail Oil MarketerAnnounces Business Expansion Hamid Ayodeji A retail oil and gas company Enyo, has announced plan to acquire and construct new supply stations for its petroleum products. The initiative, according to the firm, would enable the company provide Nigerians with quality petroleum products and services. The companyâ€™s focus was to capitalise on reinforcing its commitment as a truly customerfocused brand. It also stated that its continuous delivery of authentic and innovative products and services was

driven by positive customer and stakeholder experiences. According to the Chief executive Officer of Enyo, Abayomi Awobokun, the company has over 55 stations currently distributing one per cent of the national fuel consumption in Nigeria; while operating in over 13 states of the country and serving over 50,000 customers daily. Awobokun said: â€œWe are entering into a contractual agreement with key dealers across the country to fast track rapid acquisition of stations. â€œWe believe that having sta-

tions at strategic locations will help us drive our commitment to the provision of quality fuel and petroleum products. â€œIn 2019 we intend to grow its footprint to achieve up to two per cent of the local market share for petrol bought from retail stations nationwide. â€œWe train our attendants one hour every week, in addition to the practical demonstration they get periodically. The training begins with the fundamentals of oil and gas, then downstream sector fundamentals, understanding the chain of supply and computer literacy.â€™â€™

Afreximbank Appoints Nwugo Regional Head The African Export-Import Bank (Afreximbank) has appointed Humphrey Nwugo as the Regional Chief Operating Officer for its Harare-based Southern Africa Regional Office. Nwugo had been serving in an acting capacity in that position since February 2018, following the departure of the previous Regional Chief Operating Officer. Prior to that, he was Senior Manager, Syndications, at the Bankâ€™s Cairo Headquarters from 2011. He joined the Bank in January 2010 as Manager, Banking Operations. Nwugoâ€™s previous experience included stints at Intercontinental Bank Plc; Lagos, as Deputy

Manager/Head, Financial Advisory, Corporate Finance Department, from 2007 to 2009, and at Zenith Bank Plc, Lagos, as Senior Assistant Manager, Real Estate Finance, Agriculture and Export Finance, Mortgage and Consumer Credit, from 2003 to 2007. Nwugo also worked, as Assistant Banking Officer, Corporate Finance, at Citizens International Bank Limited, Lagos, from 2000 to 2003. The new Regional Chief Operating Officer received his MBA from the University of Leicester in the United Kingdom and a Bachelor of Science in accounting from the University of Calabar, Nigeria.

He is a member of the Chartered Management Institute, United Kingdom, and the Institute of Chartered Accountants of Nigeria. He is also an Associate Chartered Accountant. In his new position, Nwugo is responsible for driving Afreximbankâ€™s business development activities in trade projects and export development finance at the regional level in Southern Africa. His role includes managing the Bankâ€™s operations in Angola, Botswana, Lesotho, Madagascar, Malawi, Mauritius, Mozambique, Namibia, Seychelles, South Africa, Zambia and Zimbabwe.

LCCI Inaugurates Printing, Publishing Group The Lagos chamber of commerce and industry (LCCI) has concluded plans to inaugurate a new group to be known as the Printing, Publishing and Allied Group. According to the Chamber, the group is intended to bring together stakeholders from the printing, publishing and allied services. The Inauguration is expected to hold in Lagos today. Membership of the group is drawn from the printing, publishing and brand management sub-sectors of the Nigerian economy and is open to interested members of the general public. The group is expected to bring together major players in the sector and facilitate business growth, networking opportunities,

business development services and training opportunities for joint ventures, strategic alliances, partnership with foreign businesses and vital business information. A statement quoted the Director General, Lagos Chamber of Commerce and Industry, Muda Yusuf, to have said: â€œThis sectorâ€™s potential contribution to our economic development is huge and thus should be well harnessed. It is important we create a platform for key players in the sector to connect and discuss solutions to issues and challenges plaguing the sector.â€? He added that â€œThe group will engage relevant authorities to foster the advancement of the sector.â€? The Lagos chamber of commerce and Industry is the

premier chamber of commerce in Nigeria. Founded in 1888 and incorporated in 1950 as a non-profit making organisation, the LCCI promotes, supports or opposes legislative or other measures affecting trade, Industry, Commerce and agriculture. The Lagos Chamber of Commerce and Industry recently lamented the growing rate of unemployment in the country which rose to 20.9 million in the third quarter of 2018. According to the Chamber, the development was a reflection that growth in the economy was still weak, fragile and not inclusive. It, therefore, urged the federal government to sustain efforts to create the enabling environment to attract more private capital to boost investment and growth.

Britain, Sâ€™Africa Finalising Interim post-Brexit Trade Deal South Africa is close to signing an interim trade agreement with Britain that would replicate arrangements with Europe and ensure trade will not be disrupted in the event of a hard Brexit, South African Trade Minister Rob Davies said on Monday. With just a month to go before Britain is due to leave the European Union, London has been trying to strike agreements with trade partners around the world to replicate the terms it now has as a member of the bloc. â€œWe are very, very close to concluding a bilateral agreement with the UK which is essentially a roll over ... of the partnership agreement,â€? Reuters quoted him to have said in a phone interview, referring to South Africaâ€™s current

agreement with the EU. South Africa is Britainâ€™s biggest partner in Africa with trade worth over 9 billion pounds ($11.77 billion) in 2017. Metals and other commodities, cars and car parts, machinery, fruit and beverages are among the main traded goods. Without an agreement in place, that trade would become subject to higher tariffs that would hit key industries in both countries essentially overnight in the event of a hard or no-deal Brexit on March 29. The deal being finalised would create a transition period for the two sides to reach a more permanent deal, once Britainâ€™s future relationship with the EU and its new trade profile becomes

clear. Davies said some elements couldnâ€™t simply be recreated in the bilateral agreement, and required negotiation. Some of those provisions were still being discussed, he said, though other difficult issues including tariff quotas on agricultural exports had already been settled. However, some Brexit risks, such as the impact of an economic slowdown in the EU, could not be mitigated against, he said. â€œIf supply chains in Europe are adversely affected and Europe starts to have some kind of external shock challenges, thereâ€™s not too much we can do about that,â€? he said, adding this could hit industries like South Africaâ€™s auto sector.

MARKET INDICATORS MONEY AND CREDIT STATISTICS

(MILLION NAIRA)

NOVEMBER 2018 Money Supply (M3)

31,794,803.44

-- CBN Bills Held by Money Holding Sectors

6,333,064.28

Money Supply (M2)

25,461,739.17

-- Quasi Money

14,773,076.98

-- Narrow Money (M1)

10,688,662.18

---- Currency Outside Banks

1,711,763.59

---- Demand Deposits

8,976,898.59

Net Foreign Assets (NFA)

18,990,400.78

Net Domestic Assets(NDA)

12,804,402.66

-- Net Domestic Credit (NDC)

26,062,986.22

---- Credit to Government (Net)

2,980,229.66

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

7,093,619.43

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

-4,144,571.43

---- Credit to Private Sector (CPS)

23,082,756.56

--Other Assets Net

13,258,583.57

Reserve Money (Base Money

6,811,192.37

--Currency in Circulation

2,100,129.91

--Banks Reserves

4,366,259.05

Ëž Ă™Ă&#x;ĂœĂ?Ă? Ě‹

Money Market Indicators (in Percentage) Month

March 2018

Inter-Bank Call Rate

15.16

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

14.00

Treasury Bill Rate

11.84

Savings Deposit Rate

4.07

1 Month Deposit Rate

8.82

3 Months Deposit Rate

9.72

6 Months Deposit Rate

10.93

12 Months Deposit Rate

10.21

Prime Lending rate

17.35

Maximum Lending Rate

31.55

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

OPEC DAILY BASKET PRICE ËœÍ°Í° Í°ÍŽÍŻÍˇ

The price of OPEC basket of fourteen crudes stood at $66.56 a barrel on Friday, compared with $66.50 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 ˾ Ͱʹ˜ Ͱͮͯͷ

MARKET NEWS

Stock MarketYear-to-Date Grow Hits 7% on Bargain Hunting Goddy Egene The year-to-date growth of the Nigerian stock market improved to seven per cent yesterday as more investors returned after the presidential election last Saturday. The market gained 0.57 per cent yesterday to extend the YTD growth to seven per cent. Bargain hunting lifted the prices of 25 stocks, compared with six stocks that depreciated.

Commenting on the performance, analysts at Cordros Capital Limited said: “In the absence of a positive catalyst, as well as the still tense political milieu, we guide investors to trade cautiously in the short term. However, stable macroeconomic fundamentals and compelling valuations remain supportive of recovery in the mid-to-long term.” Dangote Flour Mills Plc led the price gainers with 9.9 per

P R I C E S MAIN BOARD

F O R DEALS

cent, trailed by Associated Bus Company Plc with 9.6 per cent. Veritas Kapital Assurance Plc chalked up 9.5 per cent, while Niger Insurance Plc and Royal Exchange Plc garnered 9.0 per cent apiece. Bellwethers such as Nigerian Breweries Plc and Zenith Bank Plc were also among the price gainers. Both companies have announced their 2018 full year results and recommended dividend. Although the bottom-line of

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QUANTITY TRADED

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Nigerian Breweries Plc decline of 41.2 per cent, the directors recommended all the N19.4 billion profit after tax (PAT) as dividend. The company recorded a 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

T R A D E D MAIN BOARD

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billion the previous year. Marketing and distribution expenses rose from N66.863 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 a PAT of N19.4 billion as against N33 billion the previous year. Nigerian Breweries said the

O F

2018 results were adversely impacted by the increased excise duty rates that came into effect during the year and a challenging operating environment. On the other hand, Zenith Bank Plc ended 2018 with higher profit and recommended a higher dividend. The bank posted profit before tax (PBT) of N231.685 billion, up from N199.319 billion in 2017 and PAT of N193.424 billion, up from N173.791 billion in 2-017.

2 0 / 0 2 / 2 0 1 9 DEALS

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T H I S D AY ˾ ˜ ͺ;˜ ͺ͸͹ͷ

MARKET NEWS

Neimeth Appoints New MD to Consolidate Growth Goddy Egene The Board of Neimeth International Pharmaceutical Plc has appointed Matthew Azoji as the new managing director (MD) of the company, a move stakeholders said would consolidate the performance of the company going forward. Azoji’s appointment was ratified by the company’s

shareholders at the 60th annual general meeting held recently in Lagos. The new MD graduated from the Obafemi Awolowo University, Ile-Ife, Osun State, where he obtained his B. Pharm (first class honours). He went on to obtain an MBA (Marketing) from the Enugu State University of Science and Technology, Enugu, and an Advanced Management Programme (AMP) from the Lagos

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

Business School; Pan Atlantic University, Lagos. He obtained certificates in Pharmaceutical Policy & Pharmacoeconomics from Utrecht University in the Netherlands , and went on to get his M.Sc. in Public Health from the University of London, International Programmes. He additionally has an M.Phil (Pharmacy Administration) from

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 22Feb-2019, unless otherwise stated.

Obafemi Awolowo University, Ile-Ife. He is currently a Fellow of Pharmaceutical Society of Nigeria and fellow, West African Postgraduate College of Pharmacists. Azoji had before now worked with May & Baker at various levels; was the pioneer MD/ CEO of CHAN Medi-Pharm Ltd/ Gte, and led the executive and management teams of Biovaccines

Nigeria Ltd, a public – private partnership company between the Federal Government of Nigeria and May & Baker Nigeria Ltd., from where he joined Neimeth. He is reputed to be a performance driven professional with over 20 years experience at senior level as a leader in the pharmaceutical and public health sectors of Nigeria. With his wealth of experience in the

Pharmaceutical Industry, Azoji is expected to drive the activities of the company towards a greater future. Stake said Azoji would use his wealth of experience to consolidate on the performance of the company. Neimeth returned to profitability last year, posting profit before tax (PBT) of N202 million compared with a loss before tax of N404 million.

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 163.92 164.34 3.62% Afrinvest Plutus Fund 100.00 100.00 11.00% Nigeria International Debt Fund 278.93 279.49 2.19% 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 2.22% ACAP Income Funds 0.62 0.62 11.63% 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 2.79% 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 17.41 17.93 4.92% ARM Discovery Fund 370.59 381.76 3.91% ARM Ethical Fund 29.27 30.15 3.65% ARM Money Market Fund 1.00 1.00 13.59% 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 104.58 105.31 3.35% AXA Mansard Money Market Fund 1.00 1.00 12.54% CHAPELHILL DENHAM MANAGEMENT LTD investmentmanagement@chapelhilldenham.com Web: www.chapelhilldenham.com, Tel: +234 461 0691 Fund Name Bid Price Offer Price Yield / T-Rtn Chapelhill Denham Money Market Fund 100.00 100.00 13.85% Paramount Equity Fund 12.10 12.21 2.49% Women's Investment Fund 105.64 105.11 1.44% 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 13.53% Cordros Milestone Fund 2023 101.62 101.78 Cordros Milestone Fund 2028 102.75 103.35 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund 1.00 1.00 13.45% Coronation Balanced Fund 0.86 0.86 Coronation Fixed Income Fund 1.15 1.15 2.43% 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 12.42% EDC Nigeria Money Market Fund Class B 1,000,000.00 1,000,000.00 12.98% FBNQUEST ASSET MANAGEMENT LTD invest@fbnquest.com Web: www.fbnquest.com/asset-management; Tel: +234-81 0082 0082 Fund Name Bid Price Offer Price Yield / T-Rtn FBN Fixed Income Fund 1,225.79 1,226.57 3.40% FBN Heritage Fund 146.95 148.31 2.47% FBN Money Market Fund 100.00 100.00 14.21% FBN Nigeria Eurobond (USD) Fund - Institutional 115.57 115.92 1.48% FBN Nigeria Eurobond (USD) Fund - Retail 115.52 115.86 1.68% FBN Nigeria Smart Beta Equity Fund 154.31 156.59 2.87% 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 1.27 1.98% Legacy Debt Fund 3.30 3.30 1.75% Legacy USD Bond Fund 1.04 1.04 0.66% 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 3,045.79 3,078.29 2.09% Coral Income Fund 2,809.31 2,809.31 2.57% 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 12.82% Nigeria Entertainment Fund 109.08 109.60 1.98% 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 13.45% Vantage Balanced Fund 2.20 2.23 2.42% Vantage Guaranteed Income Fund 1.00 1.00 14.86% Kedari Investment Fund (KIF) 123.11 123.34 -1.44%

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 1.59% Lotus Halal Fixed Income Fund 1,090.20 1,090.20 1.93% 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 11.95 12.05 3.89% Meristem Money Market Fund 10.00 10.00 12.36% 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 1.38 1.40 7.72% PACAM Fixed Income Fund 12.35 12.42 1.23% PACAM Money Market Fund 10.00 10.00 14.23% 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 2.14% 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 2,385.48 2,400.21 5.26% Stanbic IBTC Bond Fund 192.64 192.64 2.63% Stanbic IBTC Ethical Fund 1.00 1.01 5.79% Stanbic IBTC Guaranteed Investment Fund 251.27 251.31 3.69% Stanbic IBTC Iman Fund 169.55 171.44 3.93% Stanbic IBTC Money Market Fund 100.00 100.00 13.31% Stanbic IBTC Nigerian Equity Fund 8,778.72 8,885.04 5.18% Stanbic IBTC Dollar Fund (USD) 1.12 1.12 3.59% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund 1.20 1.22 0.77% United Capital Bond Fund 1.63 1.63 1.98% United Capital Equity Fund 0.70 0.72 -0.46% United Capital Money Market Fund 1.00 1.00 13.51% United Capital Eurobond Fund 108.85 108.85 1.48% United Capital Wealth for Women Fund 1.10 1.11 0.85% 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 11.44 11.60 7.76% Zenith Ethical Fund 12.50 12.62 4.07% Zenith Income Fund 21.00 21.00 9.03% Zenith Money Market Fund 1.00 1.00 11.68%

REITS NAV Per Share

Yield / T-Rtn

5.95 118.85 51.93

-39.35% 0.04% 0.00%

Bid Price

Offer Price

Yield / T-Rtn

10.91 117.68 92.68

11.01 120.23 94.43

3.41% 0.34% 4.54%

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

4.37 7.49 15.34 12.55 149.75

4.41 7.57 15.44 12.75 151.75

9.09% -1.71% 2.59% 1.50% 4.30%

NAV Per Share

Yield / T-Rtn

107.24

17.42%

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.

5 ) * 4 % ": t TUESDAY, FEBRUARY 26, 2019

TUESDAY FEBRUARY 26, 2019 Ëž T H I S D AY

NEWSEXTRA

FEDERAL AIRPORTS AUTHORITY OF NIGERIA

INVITATION FOR EXPRESSION OF INTEREST (EOI) FOR FAANâ€™S INSURANCE POLICIES FOR YEAR 2019 A.

INTRODUCTION In compliance with the Public Procurement Act 2007, the Federal Airports Authority of Nigeria (FAAN) invites bids for 2019 Insurance year under its 2019 financial year (IGR) budget. Consequently, the Authority wishes to invite competent and reputable Insurance Companies to submit Expression of Interest (EOI) for the Authorityâ€™s Insurance Policies as stated below:

INSURANCE POLICY CATEGORIES t -PU -FBE *OTVSBODF 6OEFSXSJUFS (FOFSBM

t -PU $P *OTVSBODF 6OEFSXSJUFST (FOFSBM

t -PU -FBE -JGF *OTVSBODF 6OEFSXSJUFS t -PU $P -JGF *OTVSBODF 6OEFSXSJUFST t -PU -FBE *OTVSBODF #SPLFS t -PU $P *OTVSBODF #SPLFST

SCOPE OF INSURANCE REQUIRED The scope of Insurance shall include the following: "JSQPSU 0XOFST BOE 0QFSBUPST -JBCJMJUZ *OEVTUSJBM "MM 3JTL -JBCJMJUZ a) Fire/Extraneous Peril Insurance b) Money Insurance D 1MBOU "MM 3JTL *OTVSBODF t 1SJWBUF .PUPS *OTVSBODF t 7FIJDMF 0XO (PPET *OTVSBODF t B 7FIJDMF 1SJWBUF #VT *OTVSBODF C 7FIJDMF 4QFDJBM 5ZQF *OTVSBODF t .PUPS $ZDMF *OTVSBODF t 1SPGFTTJPOBM *OEFNOJUZ *OTVSBODF t B (SPVQ -JGF *OTVSBODF (b) Group Personal Accident Insurance

t t

EXPRESSION OF INTEREST (EOI) REQUIREMENTS All interested Companies are required to submit the following: B 'PS -FBE *OTVSBODF BOE $P *OTVSBODF 6OEFSXSJUFST (FOFSBM J &WJEFODF PG CFJOH *OTVSBODF $PNQBOZ $P *OTVSBODF 6OEFSXSJUFS PQFSBUJOH GPS B NJOJNVN of ten (10) years. ii) Evidence of having successfully carried out similar activity. JJJ 'PS -JGF *OTVSBODF 6OEFSXSJUFST JW &WJEFODF PG CFJOH B -JGF *OTVSBODF $PNQBOZ GPS B minimum of ten (10) years. C 'PS -FBE BOE $P *OTVSBODF #SPLFST J &WJEFODF PG CFJOH BO *OTVSBODF #SPLFS ĂśSN operating for a minimum of ten (10) years.

OTHER DOCUMENTS THAT MUST BE SUBMITTED ALONG WITH THE TENDER. a. Evidence of Company Registration / Certificate of incorporation of the company. b. Certified true copy of Memorandum and Article of Association with CAC forms CACO2 & CACO7 inclusive (where applicable). c. A certified true copy of the companyâ€™s current operating licence issued by NAICOM. d. Evidence of Companyâ€˜s publish Annual Report and Accounts with the evidence of unqualified BVEJUPS T PQJOJPO GPS UIF ZFBST BOE 2017 respectively. e. A statement signed by the Companyâ€™s MD/Chief Executive Officer that the Company settles and will settle all genuine claims promptly. f. Evidence of Company Registration (Certificate of incorporation or Registration of business name). g. Certified true copy of Memorandum and Article of Association with CAC forms CAC2 & CAC7 inclusive (where applicable). h. Evidence of Company Incomeâ€™s Tax Clearance $FSUJĂśDBUF GPS UIF MBTU UISFF ZFBST WBMJE UJMM TU %FDFNCFS i. Evidence of current Pension Compliance $FSUJĂśDBUF WBMJE UJMM TU %FDFNCFS j. Evidence of current Industrial Training Fund (ITF) $PNQMJBODF $FSUJĂśDBUF WBMJE UJMM TU %FDFNCFS L &WJEFODF PG DVSSFOU /JHFSJB 4PDJBM *OTVSBODF 5SVTU 'VOE /4*5' $PNQMJBODF $FSUJĂśDBUF WBMJE UJMM TU %FDFNCFS l. Evidence of Registration on the National Database of Federal Contractors, Consultants BOE 4FSWJDF 1SPWJEFST CZ TVCNJTTJPO PG *OUFSJN 3FHJTUSBUJPO 3FQPSU *33 FYQJSJOH PO PS WBMJE $FSUJĂśDBUF JTTVFE CZ #11

N 4XPSO "ĂłEBWJU o disclosing whether or not any officer of the relevant committees of the Federal "JSQPSUT "VUIPSJUZ PG /JHFSJB PS UIF #VSFBV of Public Procurement is a former or present Director, shareholder or has any pecuniary interest in the bidder and to confirm that all information presented in its bid are true BOE DPSSFDU JO BMM QBSUJDVMBST o That all documents submitted are not only correct but genuine. o That the Director(s) has /have never been convicted by any court of law. o That none of firmâ€™s Director or the company JT CBOLSVQU O $PNQBOZ T QSPĂśMF BOE UIF $7 T PG UIF LFZ Management staff with Academic and Professional certificates attached. o. Evidence of financial capability to execute the QSPKFDU CZ TVCNJTTJPO PG 3FGFSFODF -FUUFS GSPN B SFQVUBCMF DPNNFSDJBM CBOL JO /JHFSJB JOEJDBUJOH willingness to provide credit facility for the FYFDVUJPO PG UIF QSPKFDU XIFO OFFEFE p. All documents for submission must be transmitted with a Covering/Forwarding letter VOEFS UIF $PNQBOZ 'JSN T -FUUFS )FBE 1BQFS bearing amongst others, the Registration Number (RC) as issued by the Corporate Affairs Commission (CAC), Contact Address, Telephone /VNCFS QSFGFSBCMZ (4. /P BOE F NBJM BEESFTT 5IF -FUUFSIFBE 1BQFS NVTU CFBS UIF Names and Nationalities of the Directors of the Company at the bottom of the page, duly signed by the authorised officer of the firm. F.

SUBMISSION OF EOI DOCUMENTS t 5IF EPDVNFOUT BSF UP CF TVCNJUUFE JO TPGU DPQZ BOE UXP IBSE DPQJFT JO " QBQFS TJ[F BOE neatly bound. The document should be arranged in the order listed under expression of interest requirements above and clearly separated by dividers. t 5IF EPDVNFOUT NVTU CF TFBMFE JO BO FOWFMPQF the Project Name clearly written at the top left corner of the envelope and the name of the CJEEJOH DPNQBOZ CPMEMZ XSJUUFO BU UIF CBDL t "MM EPDVNFOUT NVTU CF TVCNJUUFE UP UIF PĂłDF of â€œThe General Manager (Procurement)â€?, FAAN )FBERVBSUFST *LFKB o -BHPT t $POUBDUT 1IPOF /P & NBJM Address: procurement@faannigeria.org . t 4VCNJTTJPO PG &0* EPDVNFOU TIBMM DMPTF BU FYBDUMZ B N PO .POEBZ UI .BSDI 2019.

G. OPENING OF EOI DOCUMENTS All submissions will be opened immediately after the EFBEMJOF GPS TVCNJTTJPO BU B N PO .POEBZ 11th March, 2019, at the Procurement Conference 3PPN .BJOUFOBODF :BSE '""/ )FBERVBSUFST *LFKB -BHPT H. IMPORTANT INFORMATION t '""/ SFTFSWFT UIF SJHIU UP WFSJGZ UIF BVUIFOUJDJUZ of any claims made on the tender documents submitted by companies. t 'BJMVSF UP DPNQMZ XJUI UIF JOTUSVDUJPO T and provide any required document(s) may automatically result in disqualification. t '""/ SFTFSWFT UIF SJHIU UP SFKFDU BOZ PS BMM UIF documents. t 0SJHJOBM PG BMM EPDVNFOUT BCPWF NBZ CF requested for sighting as at when needed. t -BUF TVCNJTTJPO TIBMM CF SFUVSOFE VO PQFOFE t "MM TVCNJTTJPOT NVTU CF JO &OHMJTI MBOHVBHF t "U B MBUFS TUBHF TIPSUMJTUFE $POTVMUBOUT NBZ be requested to submit the updated copies of their statutory documents (i.e. Tax, ITF, PENCOM, /4*5' #11 FUD t 5IJT BEWFSU TIBMM OPU CF DPOTUSVFE UP CF B commitment on the part of FAAN, nor shall JU FOUBJM UIF "QQMJDBOU UP NBLF BOZ DMBJN T XIBUTPFWFS BOE PS TFFL BOZ JOEFNOJUZ GSPN FAAN, by virtue of such applicant having responded to this publication. Signed MANAGEMENT

Bello Mandiya Clinches Senate Seat for Katsina South The senatorial candidate of the All Progressives Congress (APC), Mallam Bello Mandiya, has been declared the winner of the Katsina South senatorial district elections in Katsina State. Mandiya polled 433,139 votes to defeat the candidate of the Peoples Democratic Party (PDP), Shehu Inuwa Imam, who scored 158,081 votes. In his reaction, Mandiya

expressed gratitude to the people of the senatorial district for the overwhelming support and the confidence reposed in him. â€œI am overwhelmed by the open display of confidence in my person by the peace and loving people of Katsina South, and it only behooves on me to reciprocate this by providing a robust representation for my people at the National Assembly.â€?

Mandiya, a graduate of Mass Communication from the University of Lagos once served as a senior legislative aide to Governor Aminu Masari while he was Speaker of the House of Representatives between 2003 and 2007. Mandiya was also a publisher and Editor-in-Chief of a Magazine before his appointment as Chief of Staff to the Governor of Katsina State in April 2016.

PDPVows to Reclaim â€˜Stolen Mandateâ€™ in Oyo Kemi Olaitan in Ibadan The Peoples Democratic Party (PDP) in Oyo State, yesterday vowed to reclaim what it described as â€œits stolen mandateâ€? during last Saturdayâ€™s presidential and National Assembly elections.

The party also said its victory and the defeat of Governor Abiola Ajimobi in Oyo South senatorial district, was a sign that the people of the state, despite their poverty are tired of been taken for granted and intimidated with â€œnaked use of executive power.â€? The governorship

candidate of the party, Mr. Seyi Makinde, who gave the vow while addressing journalists to appreciate the people of the state for trooping out to vote, condoled with the families of those who lost their loved ones as a result of electoral violence across the state.

Adeyemo Elebute Passes on The Elebute family has announced the passing of their father and grandfather, Professor Emmanuel Adeyemo Elebute, who died in the early hours of Saturday February 23, 2019 after a protracted illness. Born on September 15, 1932 in Lagos, Elebute is survived by his wife, Professor Oyinade Elebute, his four children -Adekunle Elebute, Modupe

Odunsi, Adebimpe Nkontchou and Folasade Laoye, as well as many grandchildren. He was Chairman of the World Health Organisationâ€™s Task Force on the Development of Appropriate Technology for Health in the field of Laboratory Equipment, and of the WHO Committee of Heads of Medical Schools in the Africa Region. He was also President of the National

Postgraduate Medical College of Nigeria, which College later nominated him a Distinguished Fellow in appreciation of his services to the College. In 1997, he chaired the Health Group of Vision 2010 Committee set up by the Nigerian Economic Summit Group. He was a Member of the Governing Board of the Pan-Atlantic (formerly Pan African) University.

T H I S D AY ˾ TUESDAY FEBRUARY 26, 2019

TUESDAYSPORTS

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

2019 FIBA WORLD CUP

Nigeria’s D’Tigers Berth in China as Africa’s Number 1 Olawale Ajimotokan

Despite the absence of key players like Portland Trail Blazers guard, Al Farouq Aminu, Stanley Okoye, Obinna Emegano, Ike Nwamu and Christopher Obekpa, Nigeria’s senior male basketball team, D’Tigers have qualified for the 2019 FIBA World Cup scheduled to hold in China. D’Tigers emerged as the Number One team in Group F and also Africa despite the team’s 63-84 defeat by Senegal in their last game on Sunday at the Palaise des Sports Indoor Hall in Abidjan, Cote d’Ivoire. Although Senegal defeated D’Tigers by 21pts, Nigeria got the African qualifiers zone job done in Lagos when they inflicted a 28-point defeat on the men from Dakar earlier. Nigeria is thus heading to China as the winner of the African qualifying zone with a superior points difference of +268 as against Tunisia’s +264 in Group E. D’Tigers’ Point Guard, Ikenna Iroegbu, scored 23 points, 6 assists and 6 rebounds to finish the qualification series on a high while Captain Ike Diogu had 10 points, 6 dribbles and 7 rebounds on the night. Despite the superior statistics

against the Senegalese, (11-7 steals, 20-16 assists and more 21.4 points from turnovers as against 12.5 points made by their opponents), Nigeria lost the encounter due to inaccurate shooting. In his post-match reaction, D’Tigers’ Coach, Alex Nwora, said the team would have loved to finish the qualifiers on a high with a win, but it did not go as expected. The defeat was Nigeria’s second during the last window of the qualification series. “I know for sure that it’s not what we expected. We came here to remain undefeated but as God will have it, we did not achieve that goal but we still finished top because of the previous window. We just had problems scoring and we also did not defend well, but I am proud of the guys,” enthused Nwora yesterday. With the absence of some key members of the team coupled with the limited time frame for preparation, Nwora reckoned that it was likely to be a tough journey. “Our scorers were unable to make it. We just had to get the guys that were available late and they gave their best. He congratulated the team for a job well done, describing it as mission accomplished

CAF CONFED CUP

Why Rangers Lost to Etoil du Sahel, By Ogunbote Head Coach of Enugu Rangers International FC, Gbenga Ogunbote, has insisted that his wards failed to pick maximum points against Tunisia’s Etoil du Sahel despite having the advantage of scoring first due to carelessness. Rangers were unable to hold firmly to their initial lead in Group B of the Confederation Cup as well as their early goal in the Sunday match with Tunisia’s Etoile du Sahel. But in his post-match interview, Ogunbote expressed his disappointment over the loss. “When we scored, we retreated and paid dearly for our careless reaction. The mistakes we made in defence cost us the game,” stressed the former Sunshine Stars gaffer. The home team bounced back from that initial setback to win 2-1. He however said that rather than sulking over the defeat that has now made the Flying Antelopes to surrender their leadership of the group, Rangers was taking away only the positive. “The match has been played. We scored first but lost eventually. I think all we can do is take the positive things from this game and wait for the return leg.” Head Coach of Etoile du Sahel, Roger Lamerre, believes the victory is a big relief for his side to have won its first match of the group stage. “What mattered in this game were the points and we were successful in getting them today. “Despite having conceded

first, we managed to come back which wasn’t easy. “We are fully satisfied because we are back in the race for qualification. The consecutive games we have been playing have taken a toll on the players which resulted in many injuries.” Etoile du Sahel bounced back to beat Enugu Rangers 2-1 on Sunday in Sousse for their first win at the group stage of CAF Confederation Cup. The win pushed hitherto Group B leaders, Rangers to the third position on head-to-head classification as both are tied on four points and goal difference. Bright Silas gave the Nigerians the lead on the quarter-hour mark before Iheb Msakni and Saddem Ben Aziza scored in either half to give ‘Les Diables Rouges’ a lifeline and remain in contention for a place at the next round. The Tunisians knew they had to prove themselves at home after a winless spell in their last two Group B games. And they almost broke the deadlock on 13 minutes after a free-kick by Maher Hannachi met the head of Ben Aziza, but the latter’s effort went wide. Rangers responded two minutes later when Michael Uchebo found Silas who went on a run past his markers before firing past Etoile goalie Makram Bdiri. Etoile were not going to take things lightly. Their response came in the 35th minute when Malek Baayou’s free-kick found Msakni, whose header beat Nana Bonsu in post for Rangers.

after emerging as the winner of the African series.

“I am proud that we are still Number 1 in Africa and

also in our group.” In Group E, Tunisia is first

with 22 pts ahead of Angola with 21pts

D’Tigers berth in China for FIBA World Cup

Adekuoroye Strikes Gold in German Wrestling Grand Prix Nigeria’s Two-time Commonwealth champion Odunayo Adekuoroye (57kg) spectacularly won a gold medal at the just-concluded Grand Prix of Germany in Dormagen, with eight-time African champion Blessing Oborududu claiming a bronze medal at the ranking event. Adekuoroye, a World

Championship silver-medalist in 2017, impressively dismantled Szell Anna of Hungary 10-0 (via technical superiority) in the final to boost her ranking in global wrestling. On her way to the final, the multiple African champion recorded knockout wins (10-0) against Winchester Jacarra (USA) and Galambos Ramona

in the quarter and semi finals respectively. Meanwhile, after losing 7-1 to Lappage Danielle in the earlier round, Oborududu, a reigning Commonwealth champion, recovered to claim the bronze medal in the 68kg class with a technical superiority (10-0) win against Seimaier Maria of Germany.

However, the other Nigerian at the event, Aminat Adeniyi (62kg) failed in her attempt to win a medal at the tournament. The team, led by National Female Coach, Purity Akuh, will now shift attention to the Dan Kolov-Nikola Petrov ranking series tournament in Ruse, Bulgaria which runs from 28 February to 3 March.

Success Tiyu Holds One-day Sports Seminar in Lokoja Yekini Jimoh in Lokoja

A leading sports consultancy firm in Nigeria, Success Tiyu International has concluded plans to organise a one-day seminar to proffer solutions to challenges facing sports in the country. Five papers will be delivered by top sports technocrats at the seminar scheduled to hold on March 4, 2019 in Lokoja, Kogi State. According to the Director of the sports firm, Musa Abubakar, FIFA Licensed Agent, Shogo Shodunnke will deliver a paper on how to control match fixing. A retired FIFA-badged Referee

and Director at the National Institute for Sports, Dr. Alex Mana will speak on development of grassroots sports in Nigeria along with Mallam Sule Okeme who is the Director of Sports at the Federal University, Lokoja. A paper on how to discourage drug abuse and doping in team sports will be delivered at the seminar by the President of National Association of Women in Sports (NAWIS), Dr Olufunke Kajuini. There will also be lectures on how to curb hooliganism and ensure maximum security at match venues to be delivered by Elder Daniel Oloko of the Nigeria Referee Association

(NRA). He is also going to update the knowledge of participants at the seminar on some of the new laws of the game in various team sports. Mr Abubakar told newsmen in Lokoja at the weekend that the decision to organise the seminar was borne out of his desire to help sports grow in the country. “It is crucial and necessary to do this seminar at this time to reacquaint sports administrators and athletes with some of the latest developments in the various sports. It is also to help them to have at the tips of their fingers ways, of ensuring maximum security

at match venues, and how to prevent crisis. “It is also to help prevent sudden death on the pitch of play due to ignorance of athletes who consume harmful substances before games. “We therefore encourage sports administrators, various club management, sports federations and associations, sports directors of tertiary institutions, sports officers of military and para-military bodies and local government sports secretaries in Nigeria to make it a date with us to add more knowledge as it is said ‘no man is an island of knowledge,” he concluded.

Sarri Still Commands Players’ Respect after Kepa Drama, Says Luiz David Luiz has said that Kepa Arrizabalaga’s refusal to be substituted during the Carabao League Cup final against Manchester City does not show that Maurizio Sarri has lost the respect of his Chelsea players. Sarri’s position is precarious after a run of poor results but his team put in a valiant performance in Sunday’s match against City, who had beaten the Blues 6-0 just two weeks earlier. City retained the trophy with a 4-3 penalty shootout win at Wembley, but the match was overshadowed by a bizarre incident when Kepa declined

to go off, sparking an angry response from the manager. The Italian coach and Kepa later said the incident was the result of a misunderstanding and Luiz was adamant the players are on Sarri’s side. “The coach has the power over the group. He has our respect,” Luiz said. “For me, there is not a problem here for that. We all believe in his philosophy, we all believe in the way he wants us to play. “That’s why we did a great game against the best team in Europe at the moment. Apart from that, it was a misunderstanding and we all want to do what is best for

Chelsea.” Former Chelsea midfielder Michael Ballack believes the Chelsea hierarchy needs to take a strong stance on the matter, to support Sarri. “It was not a good picture for Chelsea,” Ballack told talkSPORT radio. “The board has to say something because it is really, really important that the players respect the coach and respect each other. Something shouldn’t happen like that.” Kepa saved Leroy Sane’s penalty in the shootout, but could have done better with Sergio Aguero’s effort that slipped under his body as City retained the trophy after

a goalless draw. “It is never easy for us to listen from afar,” Luiz added about the Kepa incident. “I didn’t know if the coach wanted to make the change because it was his decision or because he (Kepa) had already been on the floor twice. “Kepa was saying ‘no, I’m good, I can stay on the pitch’, but from far you can’t understand. “I’m sure if Kepa knew the coach wished to change him because it was his decision, he would have come off because he is a great professional, he is a great boy and would respect that.”

Tuesday February 26, 2019

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Price: N250

MISSILE Wike to Nigerian Army “Let it be known that those who masterminded the murderous assault on Abonnema and other communities in Rivers State last Saturday have bloodstains on their hands, for which they are all answerable before the Almighty God” –Rivers State Governor, Nyesom Wike, berating the Nigerian Army for the killings in the state during last Saturday’s elections.

FEMIFALANA Foreign Interference in Elections GUEST COLUMNIST

r. Beko Ransome-Kuti passed on 13 years ago. He was a leader of the consistent Committee for the Defence of Human Rights (CDHR). In the course of the struggle for the restoration of democracy in Nigeria, Beko was arrested many times, detained many times, charged many times until he was illegally convicted and sentenced to life imprisonment for leading a pro- democracy body to wit: Campaign for Democracy. Even though he regained his liberty following the sudden death of the maximum ruler, General Sani Abacha in June 1998 Dr. Ransome-Kuti continued to contribute his quota to the titanic battle for the restoration of civil rule in May 1999 in Nigeria until he passed on 13 years ago. As we remember Beko we should as a matter of duty reflect on the emergent issues in the democratic process in Nigeria. This year’s commemoration of Beko, therefore, provides an opportunity for the human rights community to collaborate with the Nigerian people for the purpose of ensuring that the 2019 general elections, which began last Saturday, are not marred by mindless killing and destruction of property by the armed agents of the political class. In other words, Nigeria should not conduct another “do or die election.” The other day, Mallam Nasir El Rufai, the governor of Kaduna State threatened that foreign powers that interfere in the 2019 general elections would “return to their countries in body bags because nobody will come to Nigeria and tell us how to run out country.” Notwithstanding that Nigeria became independent in 1960, the governments of western countries have been teaching the ruling class on “how to run our country”. In fact, the governments of some Asian countries have since joined the foreign interest groups in the running of the nation’s affairs. However, it is interesting to note that the All Progressives Congress (APC) has accused western countries of supporting the Peoples Democratic Party (PDP) in the 2019 general election. Did former President Jonathan not accuse President Obama of supporting the APC during the 2015 general election? Have both APC and PDP not engaged the services of lobby groups to convince the governments of western countries to believe in their ability and competence to fix the problems of Nigeria? Have both political parties not sought the endorsement of the governments of western countries? Having regards to the commitment of both APC and PDP to guarantee unrestrained exploitation of the nation’s resources by imperialism it is naive to think that the governments of western countries are going to maintain neutrality in the politics of the country. It is indisputable that the threat to foreign election observers in Nigeria constitutes an infraction of the Electoral Act, 2010, and the Penal Code. But because Governor El Rufai currently enjoys immunity his trial and prosecution for the offence will have to await the end of his tenure. The western countries that have threatened to place travel restrictions on members of the ruling class who incite violence or interfere in the electoral process should not hesitate to make an example of the governor without any further delay. The Special Prosecutor of the International Criminal Court who has also warned against any form

INEC Chairman, Prof. Mahmood Yakubu of electoral violence in the country is urged to hold Governor El Rufai responsible if foreign observers and monitors are attacked during the 2019 general election. But the majority of foreign and local commentators who have condemned the reckless statement have done so because foreigners are the likely targets of the possible attack. After all, they did not speak out when Governor el -Rufai publicly justified the massacre of 347 Shiites by the Nigerian Army in Zaria, Kaduna state on December 12, 2015. Did members of the “international community” protest when the governor authorised the mass burial of the bodies of the slain Shiites in an unmarked grave? Is the Special Prosecutor of the ICC not aware that the body bags of the massacred Shiites were not even sent to their bereaved family members? Has Governor El Rufai not ignored the recommendation of the judicial commission of enquiry and the directive of the Kaduna state government contained in the white paper to the effect that the soldiers who were responsible for the massacre of the Shiites be prosecuted? Nevertheless, the reckless statements made by some elements of the leading factions of the ruling class have given the elections the colouration of “do or die affair” (apologies to President Olusegun Obasanjo) to the election. Leading politicians have recruited and armed thugs responsible for the violence defining the general elections in some parts of the country. Even if some of the thugs are arrested and are arraigned in the courts the various attorneys-general would eventually file nolle prosequi to terminate the criminal cases as the managers of the neo-colonial state cannot afford to prosecute their armed agents. Therefore, since the children of the sponsors of violence are in expensive schools at home and abroad we urge the masses of our people not to allow their own children to be used as cannon fodders in the current battle for the control of political power and economic resources of the country by the ruling class.

‘Teacher Don’t Teach Me Nonsense’ The official manipulation of the 1983 general election resulted in “landslide and moon slide re-election victory” for the Shehu

Shagari administration. But no sooner had the government been constituted than it was sacked by the Nigerian armed forces led by Major-General Mohammadu Buhari on December 31, 1983. To justify the coup de tat the military junta accused the civilian regime of wanton electoral malpractice and grand corruption. In a timely record entitled, “Teacher, Don’t Teach Me Nonsense” the late Fela Anikulapo-Kuti criticised the governments of western countries for turning round to welcome the coup plotters after it had supported the “crazy demonstration” practised in the name of democracy by the neo-colonial ruling class in Nigeria. Instead of threatening to send foreign observers home in body bags Governor el- Rufai and others of his ilk should have asked the European and American teachers of the ruling class to stop teaching “demonstration of craze” in their own countries by building inhuman walls and waging wars against minorities and immigrants dislocated by the crisis of global capitalism. Since all petitions and appeals arising from the 2015 general elections have since been concluded by Nigerian courts Governor el -Rufai may wish also to advise President Donald Trump and his aides to concentrate on the investigation being conducted into the unprecedented electoral malfeasance, which marred the 2016 presidential election in the United States. The dictatorial leaders of western countries involved in sponsoring wars to effect “regime change” in Afghanistan, Iraq, Libya and Syria cannot moralise about democratic ethos and principles. Therefore, foreign observers should be not exposed to any danger in Nigeria. They should be allowed to observe the Nigerian elections without harassment or intimidation and then return home to join other democratic forces to halt the planned invasion of Venezuela.

Electoral Reforms After the 2019 General Elections In spite of the tension, which has enveloped the land and the fear that has gripped voters, the general elections, I remain optimistic that the elections will not lead to a break up the country. But as the problems of insecurity, unemployment, poverty, illiteracy, corruption and infrastructural decay have not been seriously addressed by the political parties and their candidates the choices of the Nigeria people are limited. To that extent, the Nigerian people might have lost the election if the winners would not be prepared to tackle these problems. Instead of waiting for 2023 the Nigerian people should be organised and mobilised by patriotic forces to fight for their rights as soon as the rituals of the 2019 elections are concluded. While we call on the Independent National Electoral Commission to continue to ensure that the elections are held in accordance with the provisions of the Electoral Act and guidelines the candidates who are dissatisfied with the results should be prepared to approach the election petition tribunals for legal redress. However, it is pertinent to recall That the late President Umaru Yar’Adua openly admitted that the 2007 presidential election alleged to have been won by him was highly “flawed.”

To ensure that credible elections are conducted in the country the he instituted the Mohammed Uwais Panel. Former President Goodluck Jonathan set up the Ahmed Lemu Post- Election Violence Panel. It is common knowledge that the far-reaching recommendations of both panels on electoral reforms were ignored by the PDP-led federal government. Similarly, the recommendations of the Ken Nnamani Electoral Reforms Committee set up by the President Buhari have also been jettisoned by the APC-led federal government. It is indubitably clear that both APC and PDP are resolutely committed to the status quo, which permits the manipulation of election results. Hence, both parties have rejected the reform of the electoral system. But it is high time democratic forces mounted sufficient pressure on the political class to implement the recommendations of the Electoral Reform Panels. It is also important that the authorities allow the Nigerian electorate to exercise their franchise without any form of intimidation. Since the involvement of military personnel in the electoral process has been declared illegal and unconstitutional by the Federal High Court, Court of Appeal and Supreme Court in a number of cases the Nigerian army should be restrained from carrying out Operation Python or any other military exercise during the 2019 general election. In order to ensure that the Independent National Electoral Commission and the Police do not compromise national security, I am compelled to urge them to maintain neutrality in the electoral contests. In Attorney-General of the Federation v. Alhaji Atiku Abubakar (2007) 30 WRN 49 at 140 the Supreme Court had held as follows; “The office of the Inspector General of Police is a creation of the 1999 Constitution. The Nigeria Police Force is also a creation of the 1999 Constitution. See Section 214 of the 1999 Constitution. Also, by the force of the said 1999 Constitution, the Nigeria Police Force shall and is under the command of the Inspector General of Police. The primary duty, indeed the most fundamental duty of the Nigeria Police Force, is the maintenance and securing of public safety and public order within the country. In the performance of its duty, the Nigeria Police Force must manifestly demonstrate impartiality. It must not lean to one side against the other; it must be apolitical. It must not take part in any disputation, which has political coloration. These qualities are sine qua non to the enhancement of public respectability to it. Having regard to the nature of the function which the Nigeria Police Force also performs, that body must also insulate itself such that impartiality and fairness may at all times are ascribed to it. The Independent National Electoral Commission (INEC) by its statutory existence is an independent body with constitutional powers to conduct elections in Nigeria. It must not only be an umpire, it must be seen, in the eyes of reasonable men, to be an impartial umpire in the conduct of an election. The INEC must never by act of omission or commission place itself in a position where imputations of partiality in favour of one party against another one will be levelled against it. Neutrality must be the watchword of the body. It must always remain fair and focused.

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