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Fidelity Bank Posts Impressive FY 2018 Results Caps three years of sustained performance Nume Ekeghe

Fidelity Bank has sustained the impressive performance trajectory with the strong full year 2018 results it released

recently to the Nigerian Stock Exchange (NSE) and the financial market. In a clear demonstration of its resilience and stability, the top lender capped the year

with growth in gross earnings, profitability and other key financial indicators. The results showed that Fidelity Bank posted a five per cent growth in gross

earnings from N180.2 billion in the previous year to N188.9 billion, whilst profit before tax soared by 30.6 per cent to N25.1 billion when compared with the 19.2 billion it recorded

in 2017. The bank’s profit after tax grew by 29 per cent from N17.7 billion in 2017 to N22.9 billion in 2018, whilst operating income rose by 13.9

per cent, from N85.9 billion in the previous year to N97.2 billion. Also, its total deposit, which Continued on page 8

Crude Oil Price Climbs to $68 as Supplies Tighten...

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Let the Will of Rivers People Prevail, Obi Urges INEC...

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Independence of Legislature Not Negotiable, Says Saraki Argues N’Assembly leadership must be decided by legislators-elect reaches out to opposition senators-elect Deji Elumoye in Abuja The Senate President, Dr Bukola Saraki, yesterday faulted the All Progressives Congress’ (APC) intervention in the selection of the 9th National Assembly’s

Lawan

leadership, saying it is capable of undermining the independence of the legislature, which he argued is nonnegotiable in a democratic society. Continued on page 6

Onnoghen’s Witness Tenders 2010 Asset Declaration Receipt Alex Enumah in Abuja The Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, yesterday called his first witness, Mr. Lawal Busari, who tendered receipt of his 2010 Asset Declaration Form at his ongoing trial at the Code of Conduct Tribunal (CCT).

Onnoghen is standing trial on an alleged six-count charge of failure to disclose his assets as required by the law for public office holders. The charge was preferred against him by the federal government following a petition, early January, to Continued on page 6

N’ASSEMBLY BECKONS… Oando’s Proﬁt Rises By 46% NINTH L-R: Clerk of the National Assembly, Mr. Mohammed Sani-Omolori; Senate President, Dr. Bukola Saraki; and Permanent Secretary, Inter-parliamentary Relations in the National Assembly, Dr. Rabi Audu, during an orientation programme for to N29bn in 2018… Page 8 members-elect of the 9th National Assembly in Abuja… yesterday

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Let the Will of Rivers People Prevail, Obi Urges INEC Police man strategic locations as results collations begin today Adedayo Akinwale in Abuja As the Independent National Electoral Commission (INEC) resumes the collation of governorship results in Rivers State today, the Vice Presidential candidate of the Peoples Democratic Party (PDP) in the recent general election, Mr. Peter Obi, yesterday advised that the will of the people must be allowed to prevail. This is as the state police command said it has commenced the deployment of personnel at strategic areas and collation centres for election results collation. The former Anambra State Governor in a statement said that Rivers State was so critical to the economic and political development of the country that a serious government

should not contribute to its destabilisation because of attendant far-reaching implications to the fragile national economy. According to him, "the needless stretch of Rivers people can only be compensated if their will is allowed to prevail in all elective positions in the state. INEC should see the collation of results in Rivers State as a huge opportunity for them to try cleaning up their dented image that arose from their questionable handling of the February 23 and March 9 presidential and gubernatorial polls respectively." Obi added that the militarisation of the the election in Rivers and other South-south states would remain the sour side of 2019 general election for which the image of the country

suffered grossly. He stressed: "The people of Rivers State should not have been subjected to the agony of waiting for more than 20 days before hearing their results, but it happened that power found their way into the hands of some rascals who flagrantly abused it. "Aside the fact that Rivers State is a traditional PDP state, the performance of its gubernatorial flag bearer, Governor Nyesom Wike in the last four years makes it imperative that no party would be able to compete effectively in the state." Police Man Strategic Locations as Results Collations Begin Meanwhile, the Rivers State Police Command

yesterday said it had commenced the deployment of personnel at strategic areas and collation centres for election results collation scheduled to begin in the state today. The command’s spokesman, Nnamdi Omoni, made this known in a statement issued in Port Harcourt. The INEC had on March 21 announced the resumption of collation and announcement of results in the state between April 2 and April 5. According to Omoni, the decision to deploy personnel at strategic locations was reached following a meeting between the state Police Commissioner and the Inter-Agency Consultative Committee on Election Security. “ICCES agreed to put

in place adequate security measures to ensure that the entire process is transparent and seamlessly carried out. “Part of the security measures that were agreed upon include massive deployment of Police personnel and other sister security agencies to the venue and the outer perimeter of collation centres. Omoni said that Waterlines and GRA Junction axis of Port Harcourt/Aba Expressway would be shut to traffic during the duration of the exercise. He said that both lanes of the road would be closed to motorists, advising road users to divert to Olu Obasanjo and Polo Club Roads. “The Police note with concern the temporary

hardship the closure will cause. We appeal to the public to show understanding and bear with us. “The closure is done in the overall interest of the public, as well as to provide a conducive atmosphere for the collation. “Politicians, candidates and, indeed, unauthorised persons are warned to steer clear of the collation centres,” he said. The police spokesperson warned that any individual or group seen undermining the process would be arrested and prosecuted in accordance with the Electoral Act. Omoni solicited for the cooperation and support of the public towards a successful conduct of the exercise.

interpretations of Senate roles in appointment confirmation, Saraki said that the Senate had filed 13 cases in court, and have been on now for two years. And that for one reason or the other, those cases have not moved. He said: "I cannot explain what happened. They are cases that have to deal with asking the courts to give judicial interpretations to who has the powers to do one thing or the other. I am sure by the time the judiciary gives the interpretations, there is no doubt about it that it will be clear that it is the Senate that has the powers. ''In things like this in a democracy, there must be a political solution, there must be dialogue. I think that is the most important thing. The Senate has the power of confirmation. It is how to manage those issues that are the challenges. There will be many like that in the 9th Assembly. “The question is how the executive and the legislature will work together and find a solution. Most of the decisions especially confirmation, is usually taken by the members. In other countries the executive there are seen to be lobbying the legislators. When they have a candidate, they will go and lobby to get in their preferred candidate through but that seems to be lacking here." Saraki expressed concern about the negative perception

of the National Assembly by the public and also stressed the need to improve the relationship between the executive and legislative arms of government. He said: “Take for example the annual budget proposal which should have input of National Assembly through its committee chairmen and others so as to have all conclusive budget but alas the reverse is the case and at the end they will be talking of budget padding and what have you." The Senate president, however, stressed that the 9th National Assembly must ensure that the independence of the legislature remains non-negotiable According to him, "In its constitutional role, the National Assembly carries out oversight, makes laws and ensures constituency representation. In carrying out constitutional functions, lawmakers must always recognise that the independence of the legislature is non-negotiable. It is an independent and co-equal arm of government. “Therefore, it behoves members of the National Assembly to lead the way in asserting the principle of separation of powers, thus ensuring accountability in governance. To achieve that, it is expected that members will carry out their duties in a manner that commands that respect from other arms of government as well as the people you represent."

Also speaking, Senate Leader, Lawan, said he would continue to reach out to all senators-elect, including those in opposition in his bid to become the 9th Senate president. Lawan told newsmen: "We are reaching out to all our colleagues, regardless of their political persuasions after all we are supposed to work together as it is not just going to be a Senate for only the APC members. "Therefore, we need everybody to support the genuine and laudable course of making Nigeria better. I will ensure that our administration is able to deliver laudable projects for Nigerians and the best way to achieve this is for all of us to work together." THISDAY can confirm that Lawan had actually started reaching out to APC senatorselect that are against his candidature for Senate president. Lawan was said to have approached those opposed to his running for the number three position on the need for them to work together with a view to moving the legislative body forward.

INDEPENDENCE OF LEGISLATURE NOT NEGOTIABLE, SAYS SARAKI Consequently, he contended that the business of selecting the President of the Senate, the Deputy Senate President, the Speaker and Deputy Speaker of the House of Representatives rests squarely on the shoulders of members of the respective chambers of the National Assembly that would be inaugurated in June. The APC National Chairman, Mr. Adams Oshiomhole, after a meeting between President Muhammadu Buhari and senators-elect of the party, had said the party had selected the Senate Leader, Senator Ahmad Lawan, as its preferred candidate for Senate president. That decision has since become controversial as former Senate Leader, Senator Ali Ndume, objected to it as an unconstitutionality that would not stand. Intervening on the side of the party, the APC National Leader, Senator Bola Tinubu, a couple of days ago told opposing senators to toe the party line or leave the party. But speaking at the orientation programme organised by the National Assembly management for its members-elect in Abuja yesterday, Saraki delivered a comprehensive rebuke of the APC leadership’s intervention, declaring that it was within the prerogative of senators-elect to vote for a leader they believe can represent their interest well. "The point I am making is

that we should not make too much news on the process of electing presiding officers, what is important is for the members of the Senate to decide who is the best to lead them so that they can have stability," he said. He stated that on the day of inauguration the elected lawmakers would not need anybody to dictate to them who they should elect as their presiding officer. The Senate president, however, advised the lawmakers not to be distracted on the day to be announced for inauguration of the 9th Senate. Apparently referring to the scenario that played out and led to his emergence as Senate president in June 2015, Saraki warned the legislators: "Don't go for any meeting on your day of inauguration and please have it at the back of your mind that the inauguration will be on the floor of the National Assembly and no other place." Speaking on the constitutional powers of the Senate, he explained that the upper chamber has the right to confirm or reject nominees of the executive, adding that according to the 1999 Constitution of the Federal Republic of Nigeria as amended, it is clearly the role of the Senate to confirm nominees of the executive. Responding to questions asked by three legislators-elect over the non-confirmation of Mr. Ibrahim Magu as the Chairman

of the Economic and Financial Crimes Commission (EFCC), the Senate president explained: "The truth really is that the issue of confirmation whether ministerial or other appointments, is done by the entire Senate. "Generally, we have an unwritten practice that we would get the input of senators from the state where the appointee hails from before we start the screening process in the Senate. By the powers of the Senate if such a nominee is rejected, then it is upon the executive to find a new replacement. The issue really is that the Senate has the powers to reject a ministerial nominee. "In the case of the appointment of the Chairman of the EFCC, the powers of the Senate are very clear in the Constitution. For any nominee, we are guided by the Constitution. It is an appointment made by Mr. President, subject to the confirmation of the Senate, which means the Senate has the powers to either say yes or say no. “In a situation where the Senate rejects, it is up to the executive at that time to send in a replacement, or in some cases, when we have appointment rejected and the executive will re-present before the Senate. But if the senators again, take a decision to reject the nominee, the appointment stands rejected.” On getting judicial

ONNOGHEN’S WITNESS TENDERS 2010 ASSET DECLARATION RECEIPT

the Code of Conduct Bureau (CCB) by Mr. Dennis Aghanya, an associate of President Muhammadu Buhari, and a director of the Anti-corruption and Research Database Initiative. Following the trial, the president suspended the CJN from office in controversial circumstances. At the resumed trial yesterday, the defence, led by Chief Adegboyega Awomolo SAN, informed the court that they will be calling three witnesses in the interim. However, before the witness, Busari, was called into the witness box, Awomolo

informed the tribunal of an application seeking for the tribunal's order to compel one Mrs. Theresa Nwafor, a staff of the CCB, who is said to be based in Benin, Edo State to come and testify for Onnoghen. Counsel to the prosecution, Mr. Aliyu Umar SAN, however, did not object to the application to issue the subpoena compelling Nwafor to appear at the tribunal for the purpose of giving evidence in the trial. Consequently, the threemember tribunal led by Mr. Danladi Umar, granted the application and ordered that Nwafor to appear before the

tribunal on Wednesday April 3, 2019 by 10a.m. to testify. Busari, the Chief Driver/ Mechanic of the CJN, being led in evidence by Awomolo, gave detailed information on how he and Onnoghen went to Asokoro in Abuja, sometimes in 2010 to obtain his assets declaration form. He recalled that Onnoghen had on that occasion asked him if he had obtained his own asset declaration form and encouraged him to do so, adding that Onnoghen later gave him N200 to pay for both forms and receipts issued to them as evidence of payment for the forms.

When Awomolo sought to tender the receipt as evidence, prosecution counsel objected on grounds that he was not the maker. However, following argument that the document was relevant and its original, the tribunal accordingly admitted the document as exhibit. The witness further confirmed that both Onnoghen and himself filled their respective forms and returned to the CCB, while he went on a later date to get the acknowledgement receipts for the forms. Under cross examination by the prosecution counsel, Busari,

who claimed that he has been with Onnoghen since 1999, said he did not accompany Onnoghen to the CCB in 2005. The witness was thereafter discharged from the witness box and the tribunal then adjourned till Wednesday April 3 for continuation of trial. Awomolo Laments Judiciary is Weak, Lacks Independence Meanwhile, Onnoghen’s lead counsel has decried the lack of independence of the judiciary. Awomolo, in a statement made available shortly after Continued on page 8

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NEWS

Oando’s Profit Rises By 46% to N29bn in 2018 Peter Uzoho Oando Plc delivered good results and created value for its shareholders in its financial results for the full year ended, December 31, 2018, that was released yesterday. The results showed that despite a challenging local environment, the oil and gas company was able to maintain a trend by posting positive results for the third consecutive year with the announcement of a N28.8 billion profit after tax (PAT), which was 46 per cent increase from the N19.8 billion the company recorded in 2017. As at full year 2018, Oando’s turnover increased by 37 per cent to N679.5 billion, compared with the N497.4 billion it

realised the previous year, driven primarily by higher oil prices which resulted in higher oil revenue and higher gas prices. This led to higher gas revenues. In addition, its gross profit grew by nine per cent to N96.3 billion in the year under review, from N88.1 billion in 2017. Also, the total group borrowings decreased by 11 per cent to N210.9 billion, from N237.4 billion in 2017, while long term borrowings decreased by 23 per cent to N76.8 billion compared to N99.6 billion in the same period of 2017. Worthy of note was the fact that, since its acquisition of ConocoPhillips Nigeria in 2014, Oando has embarked on a proactive drive to significantly

Tinubu reduce its debt and liabilities. From a N473.3 billion corporate facility in 2014 to N210.9 billion at the end of 2018, represented a 55 per cent decrease and in its

upstream business, the company has reduced its debt by 70 per cent, from $801.6 million in 2014 to $260 million as at FYE 2018. Speaking on the significant reduction in borrowings, the Group Chief Executive of Oando, Mr. Wale Tinubu, was quoted in a statement to have said: “Our asset base is delivering strong free cash flows as evidenced by a 70 per cent reduction in our Upstream Borrowings since the closure of our landmark acquisition of ConocoPhillips’s Nigerian assets in 2014.” The statement added: “The company’s full year 2018 results are further evidence that the management team is focused on maintaining a strong balance sheet, profitability, value

creation and a business that is indeed here for good. “The company’s third year of strong financial performance is evidence that the company is back to business as usual, thus rebuilding stakeholder confidence in the brand as a viable business to invest in.” Commenting on the results, Alhaji Kabiru Tambari, an Oando shareholder from Sokoto Zone of the Shareholders Association, commended the management of Oando for leading the company to yet another profit, saying: “We can see light at the end of the tunnel. My faith in the management of the company grows from strength to strength with each financial result. I’m hopeful that soon, in the very

near future we the shareholders can finally reap the fruits of our labour.” Speaking further, Tinubu said: “We remain confident in our ability to deliver significant value to shareholders in the years ahead as well as resuming our dividend payments. “Our 2018 results demonstrate the solid foundation we have built across volatile commodity price cycles, and our ability to deliver profitability despite a challenging local operating environment. Over the last few years, we have developed a reliable platform for future growth through the execution of a corporate strategy designed to streamline our operations, reduce our debt and optimise our asset portfolio.”

Crude Oil Price Climbs to $68 as Supplies Tighten Ejiofor Alike with agency reports Crude oil price climbed more than one per cent with United States crude hitting a 2019 high yesterday after tight supply and positive signs for the global economy drove both benchmarks’ largest first-quarter gains in nearly a decade. The price of the US West Texas Intermediate (WTI) was up 85 cents, or 1.4 per cent, at $60.99, after reaching their highest in more than four months at $61.15.

Reuters reported that WTI gained 32 per cent in the first quarter. The global benchmark, Brent crude for June delivery was up 93 cents, or 1.4 per cent, at $68.51 after rising by more than a dollar in earlier trading and gained 27 per cent in the January-March period. Crude oil production cuts from the Organisation of the Petroleum Exporting Countries (OPEC) helped push supply to a four-year low in March, a Reuters survey found, as top exporter Saudi Arabia

over-delivered on the group’s supply-cutting pact while Venezuelan output fell further due to United States sanctions and power outages. US construction spending reportedly increased for a third straight month in February, offering some good news on the economy following a string of weak reports. The US data followed positive Chinese factory gauges and signs of progress in SinoUS trade talks have boosted sentiment, helping to buoy regional stock markets.

The United States and China said they made progress in trade talks that concluded on Friday in Beijing, with Washington saying the negotiations were “candid and constructive” as the world’s two largest economies try to resolve their trade war. China’s State Council said on Sunday that the country would continue to suspend additional tariffs on United States vehicles and auto parts after April 1, in a goodwill gesture following a US decision to delay tariff hikes on Chinese imports. On the supply front,

booming American production has steadied, with the US government reporting on Friday that domestic output in the world’s top crude producer edged lower in January to 11.9 million barrels per day. Also, US energy companies last week reduced the number of oil rigs operating to the lowest level in nearly a year, cutting the most rigs during one quarter in three years, energy services firm, Baker Hughes, said. Meanwhile, oil prices are being propped up by US

sanctions on Iran and Venezuela along with voluntary supply cuts by the OPEC and other major producers. Output from OPEC countries fell by 280,000 barrels per day (bpd) from February to 30.4 million bpd, its lowest monthly rate since 2015. Washington has instructed oil trading houses and refiners to further cut dealings with Venezuela or face sanctions themselves, and has urged Malaysia and Singapore to be vigilant for illicit Iranian crude in its waterways.

These set of numbers delivered year-on-year, can be attributed to the, “disciplined balance sheet management, strategic cost reduction, increased focus on the corporate, commercial, SME segments and continued execution of our medium-term strategy,” Fidelity Bank’s CEO, Mr. Nnamdi Okonkwo said. Since assuming office in 2014, Okonkwo has transformed Fidelity Bank significantly, pursuing a digital retail banking approach whilst focusing on niche markets.

“We are growing our market share with continued traction in our chosen business segments. Consistent with previous years, we recorded double digits in interest income on our liquid assets, digital banking, FX and other income lines,” he added. Okonkwo was also very enthused with the progress of its digital banking play, saying: “With over 42 per cent of customers now enrolled in the bank’s mobile/ internet banking products and more than 81 per cent of total transactions done

on digital platforms, resulting in 25% of fee-based income coming from digital banking.” Meanwhile analysts report on the Fidelity Bank full year 2018 results have been very positive. Rencap, which rated the results good, said profit before tax of N25.1 billion and profit after tax of N22.9 billion, “were ahead of our estimates by three per cent and six per cent respectively.” It also noted that the bank’s Return on Equity (RoE) of 11.6 per cent in 2018 was higher than the 9.2 per cent recorded in 2017.

successfully with corrupt institutions, he said: "It is injustice to inflict corrupt procedure on innocent public officers. God will not allow corruption to consume our nation. The end should not justify the means; the means should justify the end. "The practice of propaganda

lies and media trial will encourage injustice. Truth will exalt our nation, but propaganda and lies will enthrone injustice. Lies and injustice is a reproach. Let justice be done even if heaven will fall and let the rule of law be the only means to justify the end."

FIDELITY BANK POSTS IMPRESSIVE FY 2018 RESULTS is a measure of consumer confidence rose by 26.3 per cent, from N775.2 billion to N979.4 billion, just as total assets grew by 24 per cent, from N1.4 trillion in 2017 to N1.7 trillion. A 3-year summary of the bank’s results showed consistency in performance with double-digit growth year-on-year on all performance indices. Specifically, its profit grew by 74 per cent, from N11 billion in 2016 to 19.2 billion and rose by 31 per cent last year to close at N25.1 billion.

Similarly, there was a consistent growth in gross earnings, rising from N152 billion in 2016 (19%) to N180.2 billion in 2017 and peaked at N188.8 billion. In the same vein, savings deposits in the full year 2018 figures peaked at N228 billion, representing a 27.7 per cent growth. This double-digit growth trend on savings began to manifest far back to 2016, rising steadily by 15.2 per cent, from N155 billion to N178.5 billion in 2017.

Whilst growing its net loans and advances, which rose by 10.6 per cent to N30 billion, the bank was able to reduce its nonperforming loans’ (NPLs) ratio, which dropped to 5.7 per cent, from 6.4 per cent in 2017, due to a combination of recoveries, loan write-offs and the absolute growth in the loan book. This was noteworthy because it also kept other ratios such as capital adequacy ratio (CAR) at 16.7 per cent and liquidity ratio at 39 per cent within regulatory thresholds.

ONNOGHEN’S WITNESS TENDERS 2010 ASSET DECLARATION RECEIPT yesterday's proceedings at the CCT, said: "Nigerian judiciary is very weak, vulnerable and not independent.” He said it is unthinkable that the head of the judiciary would be treated the way Onnoghen was treated and not a whimper came from the body of men and women of highest distinction

in the legal profession. Awomolo also regretted: “Whereas political matters and election matters were treated with dispatch and judgement delivered within hours, the appeal of the Chief Justice of Nigeria, six weeks after argument was ordered to be kept away in the file.

"There is no association of Nigerian Judges to speak a word. Let no public officer or judicial officer at any level, throw stone because if not all, most are as guilty as Onnoghen. Nobody knows who is next, a precedent has been laid and the Honourable Attorney General of the Federation seems pleased.”

He consequently called for an amendment of the constitution to place the CCT under the judiciary to give it its much needed independence, impartiality and to avoid interference from outside the court. While he argued that corruption cannot be fought

CAN Opposes Endorsement of Muslims as Senate President, Speaker Onyebuchi Ezigbo in Abuja The Christian Association of Nigeria (CAN) has urged the newly-elected members of the National Assembly to ensure that religious balance is reflected in the leadership of the two legislative chambers. The Christian body said that of particular interest are the offices of the Senate President, the Deputy Senate President, the Speaker of the House of Representatives and the Deputy Speaker, stressing that since both the president and the acting Chief Justice of Nigeria (CJN) are Muslims, either the Senate President or the Speaker should be a Christian to address the religious dichotomy.

In a statement issued yesterday on behalf of the CAN President, Rev. Samson Ayokunle, by his Special Assistant on Media and Communications, Pastor Adebayo Oladeji, the association said there is need to balance the appointment of principal officers across religious divides to avoid domination and marginalisation of any kind, in the interest of equity, justice, and fair play as enshrined in the 1999 Constitution (as amended). It said: “As you prepare for your inauguration, CAN urges you to balance the appointments of your principal officers across religious divides to avoid domination and

marginalisation of any kind in the interest of equity, justice, and fair play as enshrined in the 1999 Constitution (as amended). “We, from CAN recognise the importance of the National Assembly to the stability and growth of our polity. It is in this regard that we call for ethnic and religious balance with depth in picking the leadership of that great institution of democracy.” CAN said in order to remove any apprehension and suspicion harbored towards the leadership of the country, members of the National Assembly should endeavour to address both the religious and the North and South dichotomies in the

interest of equity, justice and fair play. It added, “Our quest becomes imperative due to the existing order in the two other arms of the government. “Today, both the President and the acting CJN are Muslims and our appeal is to let either the Senate President or the Speaker be a Christian to address the religious dichotomy. This will give all Nigerians a sense of belonging irrespective of their religious affiliations.” The Christian body further said that a critical study of Chapter 14 (13 sand 14) of the 1999 Constitution (as Amended) underscores the fact that the “composition of the government of the

federation or any of its agencies and the conduct of its affairs shall be carried out in such a manner as to reflect the Federal Character of Nigeria and the need to promote national unity, and also to command national loyalty, thereby ensuring that there shall be no predominance of persons from a few states or from a few ethnic or other sectional groups in that government or in any of its agencies. CAN said in as much as it believed that merit should not be sacrificed in every appointment, there are Christians who are equally credible and capable of running the affairs of the National Assembly and

other key positions in the government if given the opportunity. “We assure our lawmakers of our prayers as they make laws for the peace, order and good government of the federation. “We also urge both the presidency and the leadership of the APC to support the position of the association in its quest to find an enduring peace, unity and development for our fatherland. “Doing this will go a long way in fixing some of the problems confronting our country today that are rooted in religious, tribal suspicion, domination and marginalisation at every level of the government,” it said.

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NEWS

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

NAFDAC DG Accuses N’ Assembly of Demanding Bribe Martins Iﬁjeh The Director General, National Agency for Food and Drugs Administration and Control (NAFDAC), Prof. Mojisola Adeyeye, has accused some National Assembly members of demanding bribe during their oversight of her agency. She said they also asked the agency for N35 million for Drug Abuse Awareness Campaign; a

programme clearly outside their job description, and only meant to save the lives of Nigerian children against drug abuse. The DG, who stated this during the 25th Anniversary Celebration of NAFDAC held in Lagos last weekend, said her agency’s budget defence has been suspended because she didn’t allow for extortion, adding that it was a shame that some members of the National Assembly were

Rid Yourselves of Bad Eggs, Obasanjo Tells PDP Leaders Obasanjo has charged the leadership of the Peoples Democratic Party (PDP) in the South-west to purge the party of “bad eggs and hypocrites.” Obasanjo said the people he described as “bad eggs” lack the commitment to return PDP to its lost glory. The ex-president spoke on Sunday when he played host to PDP leaders from South-west, led by the party’s National Vice Chairman (South-west), Dr. Eddy Olafeso, at his Pent-House Residence in Olusegun Obasanjo Presidential Library, Oke-Mosan, Abeokuta, Ogun State. The former president said many leaders of the party are after “their pockets and stomach.” He wondered why some top echelon left the party shortly after the results of the 2019 presidential election was announced, noting that other members have lost hope. According to Obasanjo, Nigeria demands a vibrant voice and opposition in PDP, with a view to building a virile democracy. Obasanjo said for PDP to bounce back, it must purge itself of hypocrites and bad eggs, and shop for those he called “critical mass of committed people,” who will be “ready to stand with the party, come rain, come shine.” Obasanjo said, “I knew PDP would lose election in 2015 because it was clear. And I knew PDP will need to be rebuilt after losing the election. “You need what I call critical mass of committed people, and come rain, come shine they are committed. With that, you can make Nigeria better. “You see people’s faces

beautiful, but you don’t know what each person harbors inside of him. “If you discover a bad egg, remove such a person. And if such person has learnt his or her lessons, there can still be room to accommodate the person.” Comparing PDP presidential candidate in the 2019 election, Atiku Abubakar, with President Muhammadu Buhari, Obasanjo said, “If you compare the two of them, with what I know and all I have written about the incumbent, which they have decided to cover up, Atiku is better than the incumbent by far. That’s the point I am making. And nobody is perfect.” Earlier in his address, Olafeso explained that the visit was to celebrate Obasanjo on his 82nd birthday, which he marked recently and to also thank him for his support for the PDP presidential candidate, Atiku Abubakar, in the 2019 elections. “We could not have done well in the last elections in the South-west without your support. Your voice resonates above all the lies told in the country and you told the world what is actually happening in your country. “You decided that you are going to stand up and fight. There is nothing we can say here that would compensate for the role you have played. “You supported our presidential candidate and I know for sure that he won that election, even if the powers-that-be decided to write results for themselves in the North; and I know fully well that God will take this thing back to our party.”

Police Arrest Five Nigerians for Robbing Bureau de Change in UAE Five suspected Nigerians, who allegedly robbed a bureau de change in Sharjah, United Arab Emirate (UAE), have been arrested. The suspects reportedly fled with cash of different currency worth Dh2.3 million (N226,182, 000). According to the Sharjah police, the men barged into the exchange and smashed the glass barrier between the customers and the staff, stole the money in multiple

currencies and fled. Two employees at the exchange were injured as they resisted the robbers. One of them managed to notify the police. The Sharjah police coordinated with forces from Abu Dhabi, Ras Al Khaimah and Ajman to arrest the suspects within 48 hours after the robbery was committed. A top police official said the suspects came to the UAE on visit visas on March 18.

still extorting money from ministries, departments and agencies of government. She said: “On December 20, just less than a month into my tenure, they (National Assembly members) came for oversight function in NAFDAC, and I showed them that about 70 per cent of our equipment are not working, and that we need over 50 vehicles for our inspections, and that my directors do not have computers. They then asked if they can go into my office, I said fine. We got in, and they said they needed welfare, I said what? Are you kidding me? I told them I don’t spend money that I don’t have, and if I do, I would rather spend it on needs, and that there were models in this country that brought me up that way. “They then told me they wanted Yuletide. I said what

is Yuletide; they said it was five days to Christmas. I told them if they wanted hamper, they said no, that what they want was welfare. They said my body language was telling them I was going to give them money, I told them they got it wrong, that I won’t give them money. She said before she resumed office, she got a call from a staff that someone from the National Assembly was asking for N35 million to do Drug Abuse Awareness Campaign, adding that she told the staff she was not going to release such money because National Assembly does not do drug abuse campaign. “I said no, the money is not leaving our purse because it is meant for drug abuse awareness campaign. They pressed hard, but I said we are not releasing that money because it is meant

to save our children. “Somebody like me from the United States came and was talking like this, and in one year you all got him out of the system. I told them this is my country and it belongs to all of us. I have the right to this country and I have the right to make Nigeria proud. We have to start somewhere. We are celebrating NAFDAC now because I didn’t allow what was going on to continue, which is extortion,” she said. Adeyeye said when she started her career about 30 years ago in the US, she was thought to have her organisation at heart first before her pocket, but that back in Nigeria, the reverse was the case, adding that in NAFDAC, they are now doing brain washing, and that her directors and staff were responding well to the new

pattern, as that was part of the reason the agency has been able to clear its debts. Reeling out some of the achievements of NAFDAC since her resumption, the DG said when she came on board; the organisation was in debt of about N3.2 billion, but that through the blocking of leakages, they have been able to pay N3 billion from the amount. “I restructured and started blocking holes where money was licking. And in one year we have paid back N3 billion. That is why we are celebrating. I was at a drug approval meeting in February of last year, and I asked how many pending applications do we have, they said 6, 000. I was very surprised. I gave them 60 days ultimatum. We cleared the backlog in two months. That is why we are celebrating.”

CONDOLENCE VISIT…

L-R: Justice Kudirat Kekere-Ekun of the Supreme Court; Lagos State Governor, Mr. Akinwunmi Ambode; and the late Hassan Fasinro’s son, Hon. Habeeb Fasinro, during the Governor’s condolence visit to the family at their Victoria Island residence, Lagos...yesterday

INEC: It’s Now Difficult to Protect Result Sheets Says supplementary election not alien to electoral process

Adedayo Akinwale in Abuja The Chairman of the Independent National Electoral Commission (INEC) has disclosed that it is becoming difficult to protect result sheets from the polling units to the collation centres as armed gangs are getting more vicious when targeting result sheets of the commission. The electoral body has also decried inadequate constitutional provisions for the registration of political parties, saying that accommodating over 100 political parties in the electoral process has become cumbersome. The National Commissioner and Chairman, Information and Voter Education, Mr. Festus Okoye, disclosed this at the weekend, while presenting Certificates to the Governor and Deputy Governor-elect of Benue State and the memberselect of the State Assembly in

Benue State. He stated: “INEC believes that the Nigerian people need a national conversation on the regime of political parties and their administration. The Nigerian people must on their own, through elected representatives determine whether we need, and can accommodate over a hundred political parties in our electoral process. “We must decide whether the constitutional conditions for the registration of political parties are adequate to make for the registration of political parties that genuinely sponsor candidates and have something new to offer to the Nigerian people. “The ballot papers are getting more complicated for the Nigerian people. Sorting, counting and entering the scores of candidates in Form EC8A series is becoming more cumbersome.

“Polls are closing late on account of the number of parties and the ad-hoc staff of the commission in remote areas and difficult terrains exposed to danger. “It is also becoming difficult protecting result sheets from the polling units to the collation centers as armed gangs are getting more vicious when targeting result sheets of the commission. “It is, therefore, imperative that Nigerians hold a national conversation on the number of political parties and the requirements for their registration. “While the commission can deregister parties that fail to meet the constitutional threshold embedded in the 4th Alteration to the Constitution, it takes deregistered parties 30 days to make a comeback as a registered political party can reapply and get registered on

the liberal conditions in the constitution. It is also imperative for the commission to proceed and implement the duality of manual and electronic collation and transmission,” he added. Okoye noted that the media should focus their attention on the political parties in Nigeria and the various means and tactics they use in undermining the electoral process, stressing that political parties have constantly shifted the blame for their electoral malfeasance to INEC. On supplementary elections, the national commissioner said that the country must not as a people and as a nation retreat or surrender its sovereign constitutional right of having good elections on the basis of contrived roadblocks deliberately erected to disenfranchise the Nigerian people and create an atmosphere of fear, anxiety and instability.

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

NEWS

130 Children of Demolished Orphanage Reject FCTA Accommodation Offer Olawale Ajimotokan in Abuja The 130 children of an orphanage that was demolished last week by the Department of Development Control of the Federal Capital Territory Administration (FCTA) have rejected the accommodation offered by the FCTA. They rejected the offer yesterday at a meeting with FCT Minister, Bello Musa Mohammed. The children from Divine Wounds of Jesus Christ, a rehabilitation home, arrived the minister’s office under a heavy police escort. Their ground for rejecting the offer was that relocating to an entirely new home would jeopardise their happiness. The orphanage’s head girl, Olajumoke Lawrence, who spoke on behalf of others, told Bello that they did not want to be separated from the place they had known as home for years. She said they would prefer to bond in one place than to be separated into other homes at different locations. THISDAY, however, gathered that the owner of the orphanage, Mrs. Victoria Nkiruka Ezemoka, whose bitter litigation with her brother-in-law,

Godfrey Ezemoka, led to the demolition of the rehabilitation home, had arranged for an alternative home close to the demolished centre in Kubwa. The temporary place is a 12-unit of two bedroom flats, which the children are said to be comfortable with. The FCT Permanent Secretary, Christian Chinyeka Ohaa, who addressed journalists, after a brief meeting with the children and some officials of Social Development Secretariat (SDS), said the authority offered to take the children to an alternative home in Gwagwalada. He disclosed that FCTA wanted to ensure that the children were secured, protected and provided with welfare. He said the administration conceded to the children’s request to stay with their caregivers in order not to subject them to further psychological shock occasioned by the demolition of the centre. He, however, insisted that although the FCTA had granted the children’s request, it would ensure that the necessary rules for administration of orphanage in the territory were not breached. “They insisted they

Rivers APC Primaries: Supreme Court to Hear Abe, Cole’s Appeals April 4 Alex Enumah in Abuja The Supreme Court yesterday adjourned till April 4 to hear all pending appeals relating to the Rivers State All Progressives Congress (APC) primaries. A seven-man panel of justices of the Supreme Court led by Justice Ibrahim Muhammad fixed the date for hearing on all the various appeals after addressing some preliminary issues on the appeals. The appeals are: SC/ 1972019 filed by Magnus Abe and some others with APC and the Independent National Electoral Commission (INEC) listed among the respondents: SC 295/20019 filed by APC, with People Democratic Party (PDP) listed among respondents: SC266, filed by APC with Abe and others as respondents and SC/267/2019 filed by Tonye Patrick Cole with Abe and 48 others as respondents. The court granted the motion by the APC represented by Jibrin Okutepa (SAN) for permission to merge the different respondents’ briefs earlier filed by the second to the 35th respondents into a single brief. It rejected a similar motion filed by the appellants’ lawyer, Henry Bello, for leave (permission) to amend the notice of appeal on grounds that Bello failed to attach the

old notice of appeal to the motion as required. The apex court, however, ordered appellants to file their reply to the respondents’ brief of argument within 48 hours. The three appeals were adjourned to April 4 to allow the formal service of hearing notices and all other processes on INEC which was not represented yesterday. Other members of the seven-man panel of the Supreme Court are Justices Olukayode Ariwoola, Olabode Rhodes-Vivour, Amiru Sanusi, Paul Galinje, Amina Augie and Uwani Musa Abba Aji. Senator Abe in his appeal asked the apex court to determine the authenticity or otherwise of the direct primaries conducted by the All Progressives Congress (APC) in Rivers State for the nomination of its candidates for the 2019 general election. Senator Abe, who is a factional leader of the state APC, is praying the apex court to make a final pronouncement on the legality of both direct and indirect primary polls conducted by the two factions of the party last year. The motion dated March 1 was predicated on eight grounds and affidavit of urgency among which is that the matter being a preelection suit must by law be fully determined within 60 days.

preferred to go back to where they were before. But we must also ensure that all the necessary by-laws and

procedures regulating the operation of orphanage are adhered to. It is uppermost that their welfare is also

taken care of. We offered to take them to our area in Gwagwalada but they rejected it and if they refused; they

will not be obedient and if anything happens to them it will be taken against you,” Ohaa said.

YOU ARE WELCOME …

President Muhammadu Buhari (right), welcoming Governor Rochas Okorocha of Imo State to his office, at the Presidential Villa, Abuja... yesterday GODWIN OMOIGUI

Buhari: I’ll do My Best for Every Nigerian in My Second Term Departs Nigeria for Senegal President Muhammadu Buhari has vowed to do his best for Nigerian citizens. He has also assured Nigerians that he will put in all efforts to ensure the best for the country and her citizens when he begins a second term in office on May 29, 2019, while appreciating all those that voted him during the elections. This is coming as the President yesterday departed Nigeria for Dakar, Senegal to attend the inauguration of Senegalese President, Macky Sall. Receiving the Board of Trustees and Advisory Council of Gidauniyar Jihar Katsina (Katsina State Development Fund) led by Justice Mamman Nasir at the State House, President Buhari

said his campaign to all states of the federation was an eye opener. In a statement disclosed by the Special Adviser to Media and Publicity to the President, Mr. Femi Adesina, Buhari opined: “Thank you for supporting me. I assure you that I will do my best during the second term. We will work for Nigeria and her people.” The President said the crowd that welcomed his campaign train in each state was more than anyone can possibly “induce’’, attributing the turn outs to people’s appreciation of the efforts of his administration. President Buhari noted that he was the chairman of the Katsina State Development Fund for 17 years, during which period a lot

was done to support education, healthcare and agriculture in the state, especially for those that were less privileged. In his remarks, the Galadima of Katsina, Justice Nasir, said the foundation returns gratitude to God and all Nigerians for giving President Buhari the opportunity to serve another term in office. Meanwhile, President Buhari has departed Nigeria for Dakar, Senegal to attend the inauguration of Senegalese President, Macky Sall, according to a statement by Special Adviser to the President on Media and Publicity, Mr. Femi Adesina. “On the invitation of his host, President Buhari, who is ECOWAS Chairman, will

be Special Guest of Honour at the ceremonies to be attended by other African leaders at the Diamniadio Exhibition Centre on Tuesday. “President Buhari is accompanied by Governors Mohammed Abubakar, Nasir el-Rufai and Tanko Al-Makura of Bauchi, Kaduna and Nasarawa States respectively. Others on the Presidential entourage include the Minister of Foreign Affairs, Mr. Geoffrey Onyeama; National Security Adviser, Maj. Gen. Babagana Monguno (rtd); Director-General, National Intelligence Agency, Ambassador Ahmed Rufai, and other top government officials,” the statement explained

Massive Shake-up as Navy Redeploys 32 Rear Admirals Kingsley Nwezeh in Abuja In a major reorganisation of the top echelon of the Nigerian Navy, the Chief of Naval Staff, Vice Admiral Ibok-Ete Ibas, yesterday approved the redeployment of 32 Rear Admirals. A statement issued by the naval headquarters in Abuja and signed by Commodore Suleiman Dahun on behalf of the Naval Chief said the postings affected senior officers of the navy. In the new postings, Rear Admiral Begroy Enyinna IbeEnwo becomes the new Chief of Policy and Plans, Naval Headquarters, while Rear Admiral Apochi Suleiman, formerly Commander Joint Task Force Operation Delta Safe, moves to Defence Headquarters as Chief of Defence Administration. Rear Admiral Tariworio Dick, formerly Deputy Commandant, Armed Forces Command and

Staff College Jaji, has been appointed Chief of Training and Operations, Naval Headquarters, while Rear Admiral Obi Ofodile has been appointed Director of Plans, Defence Headquarters. Furthermore, Rear Admiral Ifeola Mohammed, formerly Chief of Naval Standards and Safety, is the new Chief of Naval Transformation, Naval Headquarters. Rear Admiral Akinjide Akinrinade, formerly Director of Training Defence Headquarters, has been appointed Commander Joint Task Force Operation Delta Safe. Rear Admiral Matthew Emuekpere, formerly Chief of Administration, Naval Headquarters, moves to Armed Forces Command and Staff College Jaji as Deputy Commandant. Rear Admiral Tanko Dakwat, formerly Director of Development, Defence Headquarters, moves to Naval Headquarters as Chief of Naval

Standards and Safety, while Rear Admiral Saleh Usman is the new Chief of Administration Naval Headquarters. Rear Admiral Ahamefule Eluwa, formerly Moderator at National Institute for Policy and Strategic Studies (NIPSS) resumes at Defence Headquarters as Director of Project Monitoring. The re-shuffling also affected Rear Admiral Dolapo Kolawole, who has been reappointed Director of Training Defence Headquarters. Rear Admiral Mike Okonkwo, formerly Director of Research and Development Naval Headquarters, resumes at Defence Headquarters as Director of Transformation. Rear Admiral Shuwa Mohammed, formerly Managing Director Nigerian Navy Hotel and Suites Limited, is now the Director of Logistics Defence Intelligence Agency, while Rear Admiral Obed Ngalabak, formerly Flag Officer Commanding Western Naval

Command, moves to Defence Headquarters as Chief of Defence Civil Military Cooperation. Rear Admiral Magaji Danladi, formerly Admiral Superintendent Naval Dockyard Limited, resumes at the Naval Headquarters as Chief of Naval Engineering, while Rear Admiral Abubakar Al-hassan, has been reappointed Defence Headquarters as Director of Development. Also, Rear Admiral Mackson Kadiri is the new Commandant National Defence College Nigeria, while Rear Admiral Oladele Daji, formerly Director of Plans Naval Headquarters is now the new Flag Officer Commanding Western Naval Command. Rear Admiral Williams Kayoda has been reappointed Director of Logistics Defence Headquarters, while Rear Admiral Christian Ezekobe moves to Naval Headquarters as Director of Plans.

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

NEWS

Senate Rejects Industry, Trade and Investment Ministry’s Budget Estimates for 2019 Deji Elumoye in Abuja The Senate yesterday rejected the N15.63 billion budget proposals of the Federal Ministry of Industry, Trade and Investment for 2019 due to the discovery of a strange company listed as a parastatal under the ministry. The Senate Committee on

Trade and Investment had in the course of the presentation of the 2019 budget proposals of the ministry before it uncovered a Special Economic Zone Company listed for N42 billion appropriation. The true position of the company was called to question when the Minister of Industry,

UTME: JAMB Revokes Accreditation of 14 Centres Over 157,000 write mock exams Kuni Tyessi in Abuja The Joint Admissions and Matriculation Board (JAMB) has sanctioned 14 computerbased (CBT) centres by revoking their accreditation due to sundry breaches in the terms of agreement, including alleged deceit and borrowing of computers without the consent of the board. JAMB’s Registrar, Prof. Ishaq Oloyede, who announced this in Abuja, yesterday during an inspection of the facilities in one of the centres, with the Minister of Education, Mallam Adamu Adamu, said the board had earlier said it would register all the computers that would be used in the conduct of the 2019 exercise to enable it detect any form of malpractice. While stating that mock examination is free in JAMBowned centres as the board is testing the systems, he reiterated that the mock examinations, which are voluntary and will not in any way add marks to the actual exercise, has over 157,000 candidates writing it, out of over 1.8 million who registered for the Unified Tertiary Matriculation Examination (UTME) He expressed outrage over the attack on two of the board’s workers and assured that investigations are on towards

unraveling what transpired, as the affected staff have been taken to the hospital. He said: “We have had to disaccredit CBT centres this morning for one infraction or the other. Now, we have about 698 centres out of the 712. All over the country, only one centre is not ready for the examination and we are working on it. “Initially, we said we will have one session of the examination but we have distributed the candidates to other centres; so, some centres will have two sessions. Private centres are entitled to their N700 for their expenses. “Two of our staff were nearly murdered. We have sent a rescue team and they have been taken to the hospital. We are still investigating what transpired but we have evacuated our staff from the place,” he saidThe Minister of Education in his observation, said the board was ready for the 2019 UTME and urged owners of CBT centres to adhere to the instruction of JAMB, saying perpetrators of examination malpractice will be punished severely. The mock test is being conducted mainly to test-run facilities at the various accredited centres nationwide, as well as familiarise candidates with the process.

Military Uncovers Illegal Arm Factory in Benue George Okoh in Makurdi The Nigerian military yesterday said it has uncovered an illegal local arm-manufacturing factory in Logo Local Government Area (LGA) of Benue State and arrested two manufacturers. The Commander, Operation Whirl Stroke OPWS, Major General Adeyemi Yekini disclosed this at a press conference in Makurdi, the state capital. Yekini, who also paraded the two suspects before journalists at the OPWS headquarters located at the Tactical Air Command Makurdi , explained that his men, about three weeks ago, received reports of some weapon manufacturers operating between Ukum and logo LGAs of the state. He stated that on receipt of the information, they mounted several weeks of surveillance, and were able to track the culprits and where to locate them. Yekini who gave the names of those involved to include, Atii Cephas and Mnzuga Teryila, said they were arrested

following intelligence report given to his troops in Anyiin, Logo and Ukum LGAs. Also, Sector Commander of OPWS in charge of Logo and Ukum LGAs, Capt. Samuel Okenarhe, confirmed that on receipt of information on a weapon-manufacturing syndicate, they set out to trail them. “On March 24, 2019, we got information that two persons had AK47 in Anyiin town. But before we got there, I heard that some of the locals were already lynching one of them. On sighting us, they ran away and we arrested the person with AK47 and when we interrogated him, he told us that he manufactured the weapons in Tine Unune in Ukum LGA. On the same evening, we got another report that the suspect who ran away was seen roaming about his house and we laid ambush and got him that night in Zaki Biam Ukum LGA. He led us to the second manufacturing plant. We raided the place and recovered several weapons that are in different stages of manufacturing,” Okenarhe explained.

Trade and Investment, Dr. Okechukwu Enelama, had in the course of reviewing the ministry’s 2018 budget performance and 2019 proposals to the committee headed by Senator Sabo Mohammed (Jigawa North-west) for approval, presented a booklet containing 2019 budget proposals for all agencies under the ministry . Shortly after his presentation , the committee Chairman referred the Minister to item 2 on page 7 of the booklet which has N42.091billion budgetary allocation for Nigeria Special Economic Zone Company not known to be one of the 17 agencies under the ministry . Responding, Enelama said the company was established through Presidential initiative

and approval given at a cabinet meeting in May 2018 . According to him, “one of the areas that this government has focused on is infrastructure. The second area is industrialisation and the two have something in common. “If the government tries to do it alone, it would be extremely tasking. So, the President directed that we should bring other partners that can combine with whatever monies we have to build world-class infrastructure, which led to the establishment of the company in partnership with other investors. “ But when asked to explain the owners of the company, the minister said the federal government and other shareholders to which the

committee chairman faulted his claim .Mohammed said a document obtained by the committee from the Corporate Affairs Commission ( CAC) containing information on how the company was registered, indicated that the company’s name is Nigeria Sez Investment Company Limited and not Nigeria Special Economic Zone Company as listed in the documents presented by the minister . “Ownership of the company as clearly stated in the document obtained from CAC on March 26 designated as Directors are Dr. Bakari Wadinga , Mr. Olufemi Edun and Ms Oluwadara Owoyemi . “The document clearly states that the company is a private company and that liability of the

members are limited by share, which as also shown, gives federal government 25 per cent and 75 per cent to the private individuals, “ he said . While the minister made spirited attempts to convince the chairman and members of the committee that the initiative was driven by the federal government, they all declared that the process of putting it up “ is misnomer and nothing but financial ambush to Nigeria “. The committee consequently directed the minister to forward detailed written explanation on how the said company was listed in appropriation bill, its management staff, its staff strength and statement of account before ever thinking of consideration of 2019 budget proposals .

IN THE SPIRIT OF SPORTSMANSHIP…

Enugu State Governor, Hon. Ifeanyi Ugwuanyi (left),being congratulated by the governorship candidate of United Democratic Party (UDP), Pastor Donatus Madubuike Ozoemena, at the Government House, Enugu, shortly after he withdrew his petition from the Enugu State Elections Tribunal … yesterday

Okorocha: Oshiomhole Turning APC into Regional Minority Party Omololu Ogunmade in Abuja Imo State Governor, Rochas Okorocha, yesterday in Abuja renewed his attacks on the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole, accusing him of turning the APC into a regional minority party. Okorocha and Oshiomhole have been locked in a battle for supremacy since October last year when the latter refused to field his son-in-law as the governorship candidate of APC in Imo State. Answering questions from

journalists after holding a closed-door meeting with President Muhammadu Buhari in the State House yesterday, Okorocha said APC was virtually dead in the Southeast following the unilateral decision of Oshiomhole to impose candidates on the party. He also said following the action of Oshiomhole, the entire South-east would henceforth be shut out of the entire scheme of the nation’s affairs as he demanded that the South-east be allowed to produce one of the principal officers of the National Assembly.

According to him, as a result of Oshiomhole’s self-inflicted errors, the APC will suffer a serious setback in 2023 in the region. “I have been watching carefully what is happening in the National Assembly. It is a very interesting drama. But all I ask of them is that they should consider the South-east in their calculations. “This nation will not be properly balanced if South-east is not carried along properly in the affairs of the National Assembly. “Nobody seems to be talking

about the South-east, it looks like the South-east doesn’t have a place anymore. That is wrong, politically speaking and that is not good for APC because there is going to be a bigger APC after President Muhammadu Buhari must have left the seat. “My fear now is that APC might have a serious setback in 2023 because the Oshiomholeled executive is actually turning APC into a regional minority party, which shouldn’t be because of his mistakes. “Right now, in the whole of South-east, we don’t have an APC governor.

Relief as Supreme Court Affirms Recall of 181 Sacked NSCDC Officials

Alex Enumah in Abuja

The premises of the Supreme Court in Abuja, erupted with great joy yesterday as the apex court affirmed the decision of the Court of Appeal, which ordered the recall of 181 sacked personnel of the Nigeria Security and Civil Defence Corps (NSCDC). The 181 personnel (respondents) had instituted a legal action at the National

Industrial Court of Nigeria (NICN), against the NSCDC over their unlawful suspension and subsequent dismissal from office in 2007. Delivering judgment yesterday in the appeal filed by the NSCDC, the Acting Chief Justice of Nigeria (CJN), Justice Tanko Mahammad, while affirming the judgment of the lower court, struck out the appeal for want of jurisdiction. The acting CJN, who led four

other justices, held that the apex court lacked that jurisdiction to entertain the matter. Muhammad held that Section 248 (4) of the 1999 Constitution as amended placed all legal disputes, which emanated from the National Industrial Court (NIC) to terminate at the court of appeal. “In the circumstance, the appellant applicant has reached its limit and the appeal is therefore

struck out. The matter has come to its finality,” he said. The NSCDC had filed the appeal against the judgment of the National Industrial Court, reinstating 181 of its personnel who were wrongly dismissed. NIC had, in a judgment on March 19, 2015, ordered the NSCDC to reinstate the sacked staff with their full emoluments from the time they were illegally dismissed.

T H I S D AY ˾ Ͱ˜ Ͱͮͯͷ

T H I S D AY ˾ ˜ Ͱ˜ Ͱͮͯͷ

COMMENT

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

FOR A STABLE NINTH HOUSE OF REPS

Danladi Ibrahim argues that the house needs quality leadership for good governance

rom the reports of the local and international observers about the conduct of the various levels of elections held across the country this year, it is reasonably safe to conclude that Nigeria’s democratic process is fast evolving into maturity. This is notwithstanding the sparse irregularities and violence recorded in some parts of the country. After all, as a former British Prime Minister, Mr. Winston Churchill once said: “No one pretends that democracy is perfect or allwise”. Throughout history, democracy has been an evolution; and this is precisely what it has been in our country. Once we draw lessons from the noted irregularities, it is certain that we shall improve upon the current experience in future elections, thereby making incremental progress in our electoral system. Now, our focus is shifting towards the inauguration of the various elected representatives, including the Ninth National Assembly. It is imperative for us to reflect deeply on the quality of the leadership to emerge for our parliament, which is the bastion of democracy. Our experience since 1999 has shown that much of the reasons for the slow progress recorded in our governance process lie in the failure of our legislators to live up to their duties of promoting good governance. Much of what citizens remember our fifth, sixth, seventh, and to some extent even the current eighth Assemblies for are chaos, political bluffing, and of course, corruption which is particularly epitomised in budget padding. Being the institution that has the highest number of elected officials out of the three arms of government, much higher responsibility for entrenchment of good governance rests on the National Assembly, most especially in its oversight on the executive arm. In the performance of their pivotal roles of legislation and oversight, legislators, in noble climes, actively engage in the development of laws, policies and practices that promote democracy and good governance. However, for the most part in Nigeria since 1999, majority of our parliamentarians have been preoccupied with squirming over hand-outs from heads of ministries, departments and agencies, if they are not scheming to entrench some vested interests in and outside the political circles. The experience of the last 20 years of this Fourth Republic has shown that much of the failure of performance by either of the two chambers are directly related to the personality, character, as well as style of leadership of the two chambers - Senate and House of Representatives. And though the senate is entrusted with certain peculiar responsibilities such as ratification of appointment of ministers and other chief executives, many Nigerians have

BEING THE INSTITUTION THAT HAS THE HIGHEST NUMBER OF ELECTED OFFICIALS OUT OF THE THREE ARMS OF GOVERNMENT, MUCH HIGHER RESPONSIBILITY FOR ENTRENCHMENT OF GOOD GOVERNANCE RESTS ON THE NATIONAL ASSEMBLY, MOST ESPECIALLY IN ITS OVERSIGHT ON THE EXECUTIVE ARM

often placed higher trust and confidence in the ability of members of the House of Representatives to provide quality representation for their constituents. From our experience, the lower chamber has been much more vibrant in terms legislative activities. And this informs my greater interest in who emerges as Speaker of the House of Representatives. Undoubtedly, the current holder of the position, Mr. Yakubu Dogara has ensured relative stability of the House. For the ninth House of Reps, therefore, it also requires as a leader a person who has not only an enviable profile, but also excellent record of performance. These two assets are all embedded in the current Deputy Leader of the House, Ahmed Idris Wase, commonly referred to by his colleagues as Wase. A very loyal member of the All Progressives Congress (APC), Hon. Ahmed Idris who represents the people of Wase Federal Constituency of Plateau State, is, aside his wonderful profile in public service, also a person with a very healthy ego. This is another necessary ingredient for the stability of such an omnibus chamber that is often an assemblage of young, rambunctious people from across Nigeria. Though a minority Muslim from the predominantly Christian populated Plateau, the name Maje as he is fondly called back home, rings a bell all across the state due to his liberal, temperate and humanitarian character. Beyond his native Plateau State, Hon. Wase’s excellent record of service in his three terms in the House of Reps (from 2007 to date) speaks loud for him. As a member of different standing committees in the sixth, seventh and the current eighth House such as emergency and disasters, environment, capital market, as well as federal character, which he had the privilege of chairing twice, Wase’s robust contributions accelerated the passage of numerous executive bills such as the Companies & Allied Matters Act (Amendment) Bill 2018, and the Deep Offshore and Inland Basins Production Sharing Contract (Amendment) Bill 2018. Some of his sterling qualities apparently endeared him to his colleagues, resulting in his elevation to the position of deputy leader of the house after the demise of Hon. Umar Buba Jibril, early last year With the groundswell of expectation that the ruling APC, in crafting its power sharing formula for the next dispensation, will zero in on the North Central geopolitical zone to produce the next speaker of the House of Representatives, therefore, new and retuning members of the House must shine their eyes by choosing the right person that will not only unify the house, but also be gritty and ensure its stability. That person, I dare say, is Hon. Ahmed Idris Wase. Ibrahim wrote Lokogoma, Abuja

CONFOUNDINGTHE PESSIMISTS Rivers State is thriving, thanks to Nyesom Wike, writes Sehinde Omoniyi

eride him as much as you can. Hate him as many in the opposition have chosen to do. Even some have chosen to see him as a trouble maker who is despised and criticised as brash and without finesse. Regardless however, ardent followers of our democracy must come to terms with the reality that Rivers State Governor, Ezenwo Nyesom Wike is living one of the finest moments of his life. Where many had waited with baited breath to see him fail, he has exceeded their wildest imagination. Governor Wike in four years, in spite of intense opposition and distraction posed by imposed federal-controlled security agencies in his domain, has excelled his peers and showed love to Nigeria and support for security agencies. A visitor to Port Harcourt can tell today that the Garden City is returning to reclaim that once glorious identity for which it was celebrated worldwide. The gardens and parks are back. Green vegetation and beautiful roundabouts in Port Harcourt reminds one of the measure of a focused government. The Pleasure Park in Port Harcourt has become the best in Nigeria: not even in Lagos can we find such facility for relaxation. And with a clearly focused Ministry of Urban Development, families

are now planning and enjoying picnics knowing that the luxurious park is available and secure. To say that the sixth governor of Rivers State is a tough man is stating the obvious. And anyone with any idea about politics in Nigeria will understand that it is not a terrain for the lily-livered. A man given to living his words, Nyesom Wike does not suffer fools. He has left no one in doubt that his achievements deserve celebration as notable personalities cut the tapes to inaugurate projects completed by Mr Projects. Governor Wike is about delivery and he allows his work to speak for him. A one-time Minister of State for Education, Rivers State under his watch has emerged as a leading light in education in the country. Free education at some levels in Rivers State is real. From the primary school to the state university, Nyesom Wike has made a difference. A resident of Port Harcourt with a ward in secondary public school says he has not paid any fees in the last three years for the girl’s studies. To appreciate the extent of work so far done by the Wike administration in the state, a drive through the streets of Port Harcourt at night provides a charming image of an alluring city. The street lights in Port Harcourt are not a camouflage, they work. And they

line both the major and smaller streets. An illuminated city is a critical first level for guaranteed security of lives and property. Before now, the state of roads in Rivers State were in a shambles; all that has become a thing of the past as several of them have been resurfaced and those that need repairs have received attention and new ones built. Any wonder why the once snarly traffic in the capital city of Rivers State has become history. Maintenance of public utilities, roads and infrastructure has become more efficient and this is as a result of a reinvigorated ministry of works which has its eyes focused on ensuring that existing infrastructure works. Speed and efficiency are the two key factors driving the massive rehabilitation, restructuring and restoration going on in the entire Rivers State. Heath care has attained a priority height as health centres have been built, 13 general hospitals and five zonal hospitals are at various stages of completion and reconstruction although Abua General Hospital has been equipped and launched. The international mother and child hospital, establishment of pioneer College of Medical Sciences, restyling of BMH to be the Rivers State University Teaching Hospital are legacies that will define the place of Nyesom Wike in history of Rivers State.

Understanding that a successful democracy is entirely dependent on the economic well-being of the people, Governor Wike in the last four years has designed appropriation bills that reflect the aspirations of the people of the state. In its 2019 budget of N480.4 billion for instance, aside Lagos and Akwa Ibom, Rivers State has one of the most focused and capital expenditure intensive budgets in the country. Rivers State in 2019 will expend N323.28bn for capital projects with only N157.12bn for recurrent expenditure. This visionary leadership focused on meeting the dreams of the citizens can only come from a leader sustained by the need to excel. Another resident of Port Harcourt who works with an oil and gas company and has lived in the city for over a decade, speaks the mind of most residents of the South-south state: “I can say without any doubt that this government is the best that Rivers State has had in recent time. Things are working and life is more meaningful.” Doing what he promised to do four years ago is the only reason Governor Nyesom Wike is convinced that another four years only means a guaranteed future of success, fulfilment and hope accomplished. Omoniyi wrote from Abuja

T H I S D AY TUESDAY, APRIL 2, 2019

EDITORIAL The Battle For Rivers State INEC should exceed expectations by conducting a peaceful election

t a stakeholders meeting in Port Harcourt last Saturday, the Independent National Electoral Commission (INEC) expressed its resolve to complete the Rivers State elections suspended on 10th March due to uncontrolled violence. INEC National Commissioner supervising Bayelsa, Edo and Rivers State, Ms May Agbamuche-Mbu said that collation of results for the governorship and house of assembly elections would be held between today and Friday in six out of the 23 local government areas. “All the results (of 17 local councils) are with us in our strong room. They have not been tampered with. We are going to conduct the collation transparently,” she said. Even the new arrangement to put a closure to the elections comes with likely risk of further violence. The African Action Congress (AAC) which served as alternative platform for the leadership of the All Progressives Congress (APC) that ALL THE CRITICAL was barred from STAKEHOLDERS IN presenting candidates for elections in the THE STATE SHOULD state has already PUT THE INTEREST expressed fears that OF THE PEOPLE OF the electoral umpire RIVERS STATE ABOVE was up to some THEIR OWN SO THAT mischief. “We suspect THE ELECTIONS ARE that INEC might be CONCLUDED WITHOUT working to surreptitiously bring in cooked ANY FURTHER up results to skew BLOODSHED the balance of reality of things in favour of Nyesom Wike. We vehemently reject this and will resist it with every pint of blood in us,” the party said. Mr. Biokpomabo Awara, the AAC candidate walked out of the stakeholders meeting after learning that the collated results were in INEC’s strong room and not in the Central Bank of Nigeria (CBN). However, the state governor was well disposed to

the completion of the process but also with a proviso: “The only way we can have peaceful election is when the security agencies are neutral. The army snatched results and when the people resisted them, the army killed them. The violence was at the point of collation.” The coordinator, Initiative for Credible Election (ICE) and former president of Movement for the Survival of the Ogoni People (MOSOP), Mr Ledum Mitee has urged INEC to publish the names of all security personnel that would serve at the collation centres for the sake of transparency and accountability.

M 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

eanwhile, Rivers State is bleeding. Violence has become a deﬁning feature of elections in the state. Political actors in the state seem prepared for anyone who will do anything for money–thugs, cultists, militants and kidnappers - in their route to power. In this year’s elections, out of desperation, security agencies were added to the mix. There were outright abductions, bombings and shooting to death of many innocent citizens while scores of others were injured. It was a thuggishly vindictive battle between the ruling party in the state, the Peoples Democratic Party (PDP) and the main opposition, APC. Narrowed down, it was an extension of the supremacy battle between the current governor (Wike) and his predecessor and Minister of Transportation, Mr. Rotimi Amaechi. But it is a warfare that has increased the misery of the people of the state. To be sure, Rivers State has long been associated with electoral violence. The 2015 general election in the state went down as the bloodiest in the country with about 60 reported deaths. It is thus understandable that as INEC prepares for the completion of the election in the state, many are edgy, afraid of another pending wave of turmoil and bloodshed. In the last few days many groups have been on the streets to call for a peaceful completion of the elections. It is our hope that all the critical stakeholders in the state will put the interest of the people of Rivers State above their own so that the elections are concluded without any further bloodshed.

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THE RETURN OF PDP

he performances of the Peoples Democratic Party (PDP) in the just concluded presidential and gubernatorial polls have surprised many Nigerians. The party suffered a great defeat in the 2015 general election. It lost power at the centre and some states particularly in Northern Nigeria. With the defeat and the attendant shock or confusion that trailed the party, many Nigerians thought the party would cease to exist. These assumptions were proved wrong as the party had a breath of fresh air in the 2019 general election. In the build up to the 2015 general election, the party was enmeshed in zoning crises. The position of president which was supposed to be zoned to the North was denied by Goodluck Jonathan. This action led to the mass exodus of the party’s members to the new APC. Other factors that contributed to the party’s defeat were corruption and insecurity. Nigerians were fed up with worsening insecurity in the North-east states and other parts of the country. The menace of Boko Haram and the escalation of bombings across the country indicated leadership failure. These negative indices shaped the 2015 election and aided APC to power. The PDP also suffered post-election crises. The former acting chairman, Ahmed Makarfi fought a fierce battle with his arch rival, Ali Modu-Sheriff over the control of the party. At last, through court order, Makarfi was recognized as legitimate acting chairman of the party. The party also succeeded in conducting rancour-free convention where new leaders emerged. Now, it is history. The questions begging for answers are: how did the party get a new lease of life? What are the magic wands the party

employed to put its house in order? The APC since the time it came on board had been making political blunders. Firstly, the corruption it accused PDP of entrenching has also been perpetuated under its watch. The Babachir Lawal’s grass cutting saga, the reinstatement of former chairman of pension board, Abdulrashid Maina, etc., are still fresh in the minds of Nigerians. The APC-led government was also accused of selective war against corruption. The general insecurity bedevilling the country has refused to go away. Prior to 2019 general election, it was Boko Haram challenges, limited to Borno, Adamawa and Yobe States. After Buhari won the election, the insecurity spread to middle belt and North West states. The herdsmen versus farmers’ skirmishes have become the order of the day. In Zamfara State, cattle rustlers have been having a field day. Hardly a day passes without reported cases of killings. Many villages have been sacked by these bandits. These incidents have countered the erroneous belief that insecurity was the PDP administration’s affairs. With these flip-flops, the electorate realised there is no difference between the APC so-called change mantra. Under APC, many states civil servants were owed salaries for months. The state governors have failed to effect the necessary changes they were voted for. No wonder APC lost Bauchi, Sokoto and Adamawa States. The gradually returning of PDP within the period of four months has shown that the political culture has changed. Nigerians are politically wise. They are ready to vote out a non-performing government at any time. Ibrahim Mustapha, Pambegua, Kaduna State

WANTED: SOME THINKING POLITICIANS

n a recent TV political discussion panel show a young man said he wanted ‘Forward thinking political leadership’. Oh, the enthusiasm or maybe ignorance of the young! What most of the people want is a bit simpler - let’s start with a thinking political leadership. There are plenty of candidates for any political position so surely there must be a few clear thinking individuals in waiting or already in the position although the number that deny climate change casts doubt on this. At least the UK is honest with its ‘Official Monster Raving Loony Party’ that caters for the more diverse thinking potential politicians. Looking at a number of countries we see leaders that don’t seem to be the most capable of thinkers and a number of others that just follow their party line so they don’t have to think at all. There needs to be a minimum standard for those that represent us - they should sit a ‘thinking’ test. There would also need to be tests on character, integrity, humanity, work ethic, honesty, and much more. These tests would weed out most potential candidates. Dennis Fitzgerald, Melbourne, Australia

T H I S D AY Ë¾ TUESDAY APRIL 2, 2019

T H I S D AY ˾ Ͱ˜ Ͱͮͯͷ

T H I S D AY ˾ TUESDAY APRIL 2, 2019

POLITICS

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

TRENDING NEWS

In Ogun, History Repeats Itself

Nseobong Okon-Ekong and Femi Ogbonnikan write the political path chosen by Governor Ibikunle Amosun of Ogun State was not unfamiliar. His predecessors had travelled that way and suﬀered dire consequences, yet the Ogun State governor could not be persuaded to change his course

overnor Ibikunle Amosun of Ogun State has assigned himself many tasks under the broad working theme, ‘Mission to Rebuild Ogun State’. Going by the physical presence of several projects dotting the landscape of the state, even his detractors cannot say that the governor was on a failed assignment. From hospitality establishments to road infrastructure, he transformed the state, particularly the capital city, Abeokuta, like no other governor before him. To his credit, Ogun entered an era of prosperity provoked by a robust pursuit of internally generated revenue. All he needed to safeguard his glowing era in the annals of the state was a smooth transition to the next governor. Alas, this became his undoing. As if driven by an uncontrollable desire to self-destruct, Amosun set himself on a course to fight anyone who disagreed with his plan to handover to a predetermined candidate. For a long time, he kept dribbling his political associates including members of the state executive council, who he made to think that he was going to handover to one of them. Working on the assumption that having been his close ally, they could easily continue his legacy, these commissioners, close aides and senior special assistants endured the many gimmicks of the governor until it became clear to some of them that they were hoping against hope. By then, Amosun had narrowed his choice to Ogun West. His body language was also becoming clearer. No one was in doubt who his preferred candidate was. Other victims of Amosun’s political incoherence were not in direct employ of the government. While he could restrain the public and civil servants, independent businesspersons who haboured ambition to govern the state were not under any obligation to do Amosun’s bidding. Those in this category readily called his bluff and went ahead to openly exercise their freedom. The courageous among the government employees resigned. The political path chosen by Amosun was not unfamiliar. His predecessors had travelled that way and suffered dire consequences. The hurdles and end of their journey was public knowledge, yet the Ogun State governor could not be persuaded to change his course. Determined to hit head against a wall, not minding if he will return with a bloodied head or pass out in the process, the governor damned every appeal to good reason. Though the majority of the people and the elders of his party, All Progressives Congress (APC) indulged him by allowing to return to the senate, the governor was convinced he could ride rough shod over everybody; by insisting on having a cake that he had already eaten. In the history of Ogun State, no governor has succeeded in foisting his choice candidate on the people, but Amosun was so sure he could set that record. His seeming strongest point was the perceived closeness to President Muhammadu Buhari. For a long time, Buhari’s name was the talisman the governor needed to forge ahead and he readily flaunted it to part raging seas and subdue mountains. Another sentiment deployed by Amosun was that he wanted to keep an imaginary ‘Lagos Cabal’ away from governing Ogun by proxy. Incidentally, the same cabal that ensured Amosun’s emergence as governor in 2011, when he was least favoured. Besides, the reference to Lagos was a ridiculous snide, knowing that most eminent indigenes of Ogun live and work in Lagos, including Amosun himself (before he became partisan). However, the matter of handing over the baton of governance in Ogun State was an uncanny challenge that humbled previous governors, but Amosun ignored the past. His recalcitrant behaviour, apparently led to a repeat of the Ogun State 2011 governorship election that favoured him as candidate of the Action Congress (AC), against the preferred Peoples’ Party of Nigeria (PPN) governorship candidate,

L-R: Ogun Deputy Governor-elect, Salako-Oyedele, Governor-Elect, Dapo Abiodun, with their certiﬁcates of return, President Muhammadu Buhari and former governor of the state, Aremo Olusegun Osoba Prince Gboyega Isiaka who had the backing of the sitting governor (Otunba Gbenga Daniel). Having exhausted all the tricks in his book to have Akinlade as the governorship candidate of the APC, Amosun brazenly supported opposition to his party. He openly funded Akinlade and the Allied Peoples Movement (APM) to take over Ogun State, while he strategically remained in the APC. One of the inglorious moments of Amosun was the assault on President Buhari and representatives of Vice President Yemi Osinbajo by agents of the Governor of Ogun State, even as he was on video supervising the removal of Abiodun’s publicity materials at a scheduled rally. Though he was suspended for anti-party activities, many thought that disciplinary action should have been served on him long ago. The March 9 governorship election that produced the candidate of the All Progressives Congress (APC), Prince Dapo Abiodun, as governor-elect, represents a true reflection of the will of the people of Ogun State. After several months of dirty tricks by Amosun, to impose Hon. Adekunle Akinlade, on the state leadership and elders of the APC, the opposing faction, led by a former governor, Aremo Olusegun Osoba, resisted the unsavoury development. Dapo Abiodun, an Iperu-Remo born Prince and oil magnate, emerged governorship candidate of the party, following a direct primary election held on October 3, 2018, conducted by, and under the close supervision of the members of the National Working Committee (NEC). Thus, the announcement of the APC candidate as governor-elect by the Returning Officer (RO) of the Ogun State Independent National Electoral Commission (INEC), Prof Idowu Olayinka, who is also the Vice-Chancellor (VC), University of Ibadan, Oyo state, in the wee hours of Monday, March 11, set the agenda for a new dawn. The progressives elements (cutting across all other political leanings), the sitting governor’s benefactors, ‘Lagos cabal’, monarchs, civil and public servants, student groups, civil society groups, traders, artisans, the Ijebu-Remo mafia who dominate a substantial part of the economic heart-beat of the country, could not hold the breath of their happiness, with the turnout of the event, that favoured Abiodun. Street carnivals, home parties, mosque and Church “Thanksgiving” services were thrown up to celebrate the emergence of Abiodun as Governor-elect. In a rare display of sportsmanship, cocontestants like Senator Buruji Kashamu of the Peoples Democratic Party (PDP), Prince Gboyega Isiaka of the African Democratic Congress (ADC), Rt Hon. Dimeji Bankole of

the Action Democratic Party (ADP), Otunba Rotimi Paseda of the Social Democratic Party (SDP) and others thronged the Iperu residence of Abiodun to congratulate him on his victory. Not left out, aggrieved PDP and ADC National Assembly, State House of Assembly candidates and chieftains also visited the Iperu residence to congratulate him. In his magnanimity, Abiodun embarked on a tour across the state and Lagos where he met with the four prominent traditional rulers (the Awujale and Paramount ruler of Ijebuland, Oba Sikiru Adetona, Olu of Ilaro and Paramount ruler of Yewaland, Oba Kehinde Olugbenle, Alake of Egbaland, Oba Adedotun Gbadebo, and Akarigbo of Remoland, Oba Adewale Ajayi) in the state. The national leader of the APC, Asiwaju Bola Ahmed Tinubu, Vice-President, Prof Yemi Osinbajo (SAN), Aremo Olusegun Osoba, Founder and chairman, First City Monument Bank (FCMB) Plc, Chief Subomi Balogun, Chief Kunle Soname and a host of others, all played host to the Governor-elect when he paid “thank you” visits to them, individually. Abiodun, at the formal presentation of certificates of return to himself, deputy Governor-elect and elected members of the State House of Assembly, held at the Ogun State INEC headquarters, Magbon, Abeokuta, on Thursday, March 28 said, the presentation of the certificates to him and his deputy, Mrs Noimot Salako-Oyedele, signaled the formal end of the 2019 general election in the state. According to him, “the victory at the polls is neither that of our great party (APC), nor mine alone, it is indeed victory for all the good people of Ogun State who, despite the challenges that could have dampened their spirit and prevented them from exercising their civic duties, defied the odds and came out in large numbers and laid the foundation for this ceremony. You are the real heroes and heroines of this success and democracy.” “Elections are the bedrock of democracy with people having inalienable rights to periodically choose those they want to entrust their affairs to. These rights must not be abridged in any way and when people have clearly expressed their preferences, as they have done in the instant case, all of us must respect the will of the people, put electioneering and bickering behind and rally round to address the challenges confronting our state and our people, indeed our motivation is to serve. “It is gratifying to note that almost all my major co-contestants have demonstrated spirit of sportsmanship, congratulated us and even

responded to our hands of fellowship. I salute your character which confirms that your motivation is beyond aspiration for office or personal interests. Our hands of fellowship remain wide open to all. “Let me reiterate once again: I solemnly pledge that our administration will be fair, just, equitable and inclusive, a government that truly earns and deserves confidence and trust of the citizenry through transparent and accountable leadership, focused and qualitative governance that creates the enabling environment for an enduring economic development and individual prosperity of the people of Ogun State. Indeed, a government for all not a few,” said Abiodun. Subsequently, in appreciation of the enormous kindness and support thrown behind his aspiration, he and his deputy, Salako-Oyedele, while armed with their respective certificate of return, paid a “thank you” visit to President Muhammadu Buhari at Aso Villa, and the national chairman of the party, Comrade Adams Oshiomhole, on Thursday, March 28. While a good number of eminent opponents in the Ogun governorship election have shown willingness to work with Abiodun, the outgoing governor has maintained his trite stance and even encouraged Akinlade along the same line, which began when they refused to recognise Abiodun, as the party’s governorship candidate, despite several overtures to broker peace. Apt in the description of the collapse of his political structure, a former House of Representatives member who craved anonymity, in the state simply put it, thus: “Amosun obviously does not have a political dynasty and he cannot lay claim to one. He ends up being a bad student of Machiavelli who in his book, “The Prince”, effectively gave “evil recommendations to tyrants to help them maintain their power. He (Amosun) is a stiff-necked person, hence he should be ready to face the consequences of a haughty character who acts superior and looks down on others. “He seems that he doesn’t give a damn about the consequence anyway. Life, for sure, is a rollercoaster. Rollercoasters are great metaphors for life. What goes around....comes all the way back around. “How can someone in good conscience, conclude that his woeful defeat (now on his road to political perdition) is a win-win for all sides? It is definitely, a victory for the progressives and a shameful defeat for a totalitarian whose only mission in the party is to enforce his aggressive political interests.”

T H I S D AY ˾TUESDAY APRIL 2, 2019

STATE OF THE POLITY

APC Bounces Back in Edo, But for How Long? Adibe Emenyonu writes that though the ruling All Progressives Congress suﬀered a setback in the Presidential and National Assembly elections in Edo State, it bounced back with a decisive victory in the state house of assembly election, which has exposed the dangerous cleavages that may undermine the party’s success in the coming governorship election

Obaseki

Airhiavbere

Odubu

Ogiemwonyi

To kick-start his ambition once again, Airhiavbere has mounted an imposing billboard in the heart of Benin City with the slogan “Hope Alive”. Miffed by this effrontery, the governor was alleged to have instructed his accolades in the party to deal with the Airhiavbere, and to achieve this, APC Ward 01 Oredo local government area was used as a decoy to achieve this particular goal. The ward executives in an enlarged meeting suspended Airhiavbere for alleged anti-party activities during the conduct of the Presidential and National Assembly elections. Among the allegations against Airhiavbere are that he deliberately withheld tags and other party tools meant for APC agents and party faithful, thereby hindering their work during the elections. He was also accused of openly canvassing votes for the opposition PDP. According to the statement signed by the APC Ward 01 executives, “Based on General Airhiavbere’s unpardonable actions against the APC and coupled with hard evidence against him, we,

the executive of Oredo Ward 01 move a vote of no confidence on him. He is hereby suspended from the APC with immediate effect.” Swiftly reacting to the suspension, General Airhiavbere described the suspension as a ploy to stop him from contesting the APC ticket against Obaseki. Airhiavbere while insisting he will still contest the governorship on the platform of the APC, however noted he was not the only part chieftain in Edo State that lost in his polling unit, ward and local government. According to him, “There are procedures for suspension. Is it a coup plotting system? I am a retired General and I am familiar with this kind of plot. As a leader of the party, I expect that there would be some measure of respect. I’m I the only person who lost his ward during the election? “The governor is part of the ward, there are other leaders too and I am a member of the Presidential Campaign Council mandated with the security of votes during the election. “My only conclusion is that I have been identified ahead of the 2020 election. They shouldn’t heat up the polity because it is too early. If they already see me as a contestant, there is a procedure on how to go about it but that wouldn’t stop me from contesting. “The battle line has been drawn. I can’t be held responsible for the abysmal failure of the leadership, I wasn’t the DG of the campaign so why I’m I being singled out if not for the fact that I am already being identified. I contested against the governor in 2016 and I will contest again. President Buhari contested four times and he won eventually. This can’t stop me from contesting.” Airhiavbere is not far from the truth. All the known political actors in the state performed woefully in their respective wards in presidential and national assembly elections. A socio-political group in the state has since warned leaders of APC not to play dirty politics ahead 2020 when the governorship election will hold. The body under the platform, Edo Continuity Forum, faulted the suspension of the former governorship aspirant by the party, admonishing Governor Godwin Obaseki not to play dirty ahead the 2020 to avoid political tension in the state. The group in a statement signed by Mallam Yekini Iduse, argued that by

embarking on victimisation of some party leaders over their failure to deliver President Muhammadu Buhari in the state, the party was busy chasing shadows. It also urged the governor to bring all party leaders together to avoid losing the state to the opposition in the governorship poll in the state next year. According to the statement, “As a socio-political Organisation in Edo State, we are concerned about the growing tension in the state ahead 2020. We are appealing to governor Godwin Obaseki to open the political space for other persons who intends to challenge him to do so without intimidation. “We recall that governor Obaseki informed all his commissioners before the presidential election to resign if they fail to deliver their units and wards. Unfortunately, for the governor, majority of the APC leaders in Edo South and Central districts could not deliver their wards and units for Mr. President including the governor after promising Buhari one million votes when the presidential campaign berthed in Edo. “So if the governor ’s directive must be taken seriously, all the leaders including the governor should resign their positions rather than victimising other political leaders who have paid their dues in the state. The purported suspension of Gen. Airhiavbere is unconstitutional and we will resist it. It stated that, “the Edo Continuity Forum will resist any attempt to further plunge the state into unnecessary crisis and political tension because as we speak today, there is so much insecurity in the state and nobody is doing anything about it. “All qualified Edo indigenes must be allowed to participate in any political party of their choice as well as run for positions without any form of intimidation. It is our view that the current war against Gen. Airiavbere by the state government is because of his interest to contest the 2020 governorship and this kind of attitude cannot be tolerated by this forum,” the statement added. Should such misgivings continue, one wonders what the political terrain will look like when other heavyweights like former deputy governor of the state, Dr. Pius Odubu, and Dr. Chris Ogiemwonyi who contested the APC primary election throw their hats into governorship race, said a prominent leader of the APC who craved anonymity.

he outcome the presidential and national assembly elections held on February 23 was not a pass mark for the All Progressives Congress (APC) family in Edo State. The party’s performance was below average. It won five of the nine House of Representatives seat, and one out of the three senatorial seats. The party also lost in the presidential election, which classified the outcome as below the average given the fact that the party is in control of the three tiers of government: the federal, Edo State and the 18 local government councils. In other words, with Adams Oshiomhole as the National Chairman of the APC, Godwin Obaseki as Governor of the APC-led Edo government and 18 local government councils controlled by APC, the party had no excuse not perform optimally. Political analysts, party faithful and sympathisers were all disappointed by outcome. However, fortune smiled on the party during the state assembly polls, capturing 24 of the 24 state constituency seats in a surprise rebound, achieving an unprecedented result never recorded in the history of the state since the creation of Mid-west region, Mid-west State, Bendel State and now, Edo State with Benin City as capital all through. With this victory, there is no doubt that APC will consolidate its stronghold on the state especially in the forthcoming governorship election. Unfortunately, Rather than closing ranks, the party adopted a system to shield the governor, Mr. Godwin Obaseki from other competitors who want to contest the governorship primary. Having identified a particular target, the first to receive the rough tactic is Major-General Charles Airhiavbere. Gen. Airhiavbere came into political limelight in 2012 when as candidate of the Peoples Democratic Party (PDP), he contested the governorship election against Comrade Adams Oshiomohle who was then seeking a second term, but lost. Prior to 2016 election in the state, he decamped to the All Progressives Congress (APC) and contested the primary that threw up Godwin Obaseki as the candidate and winner of the governorship election. Not tired, the retired Army paymaster is still having his eyes on the pie and has oiled his political machinery to contest the party primary election with the incumbent governor and any other interested aspirant.

However, fortune smiled on the party during the state assembly polls, capturing 24 of the 24 state constituency seats in a surprise rebound, achieving an unprecedented result never recorded in the history of the state since the creation of Mid-west region, Mid-west State, Bendel State and now, Edo State with Benin City as the capital all through

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FEATURES

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

SDG: Making a Case for People Living with Disabilities Gbenga Ogundare writes that Nigeria’s slack tax system poses a threat to the attainment of the eighth Sustainable Development Goals, which covers minorities like People Living With Disabilities and seeks to ‘promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all’

igeria, with no fewer than 20 million people damaged one way or the other, has yet to fully include this minority in its public spending—how much less floating a special tax regime to raise fund for their welfare. On the other hand, in climes where inclusion matters in governance, tax credits to fund the welfare of Persons Living With Disabilities(PLWDs) are being proposed, and policy makers are taking a long hard look at them. North America first: Canada, years ago, introduced the Disability Tax Credit to shore up its disability welfare fund—for its 500,000 PLWDs—to above a billion dollars. Even if it seemed a political move of the government at that time, Australia, too, proposed a disability tax in 2013. The policy meant to kick in by 2014 was expected to raise over $3 billion (Au)by increasing a compulsory health insurance levy from 1.5 per cent of personal income to two percent. The country has around 410,000 PLWDs.

The Nigerian Situation But Nigeria, with no fewer than 20 million people damaged one way or the other, has yet to fully include this minority in its public spending—how much less floating a special tax regime to raise funds for their welfare. Funding has always been the excuse. And the government will sing it out louder in these trying times as Nigeria’s oil fortunes dwindle, and its economic handlers flounder in uncertainty. The world’s sixth largest oil exporter earned N207 billion from crude oil and gas export in the first half of 2018. This fell short of the N661.4 billion the federal government targeted. These disappearing revenues threaten a lot of things, the most important being the eighth goal of the Sustainable Development Goals (SDG), which covers minorities like the PLWDs, and seeks to “promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all.”

These disappearing revenues threaten a lot of things, the most important being the eighth goal of the Sustainable Development Goals (SDG), which covers minorities like the People Living with Disabilities, and seeks to promote sustained, inclusive and sustainable economic growth, full and productive employment and decent work for all

A disabled voter exercising his right to vote at a polling booth

Credit: Google

David Anyaele

Funding Tax revenue thus remains one of the sources to look to—in order to tide the nation’s 200 million plus citizens over the storm. Goal 17 of the SDG addresses this: Strengthening the means of implementation and revitalising the Global Partnership for Sustainable Development. The first clause specifies the means: Strengthening domestic resource mobilisation, including through international support to developing countries, to improve domestic capacity for tax and other revenue collection. Across all development, economic, and financial institutions working to save the world’s poor, taxation has been identified as one reliable means to oil the wheel of the global development agenda. “Funding the SDGs is an economic and ethical imperative with major implications for taxation. Countries themselves need to raise more revenue in an equitable

way,” IMF Managing Director Christine Lagarde said during the February 2018 Organisation for Economic Co-operation and Development(OECD) meeting in New York. “And the entire international community needs to eradicate tax evasion and tax avoidance.”

Avoidance and Evasion Tax avoidance and evasion plague developing economies where their tax-GDP ratio is low—compared to the developed economies. In Nigeria, the ratio is 6.1 per cent, lower than Ghana’s and Egypt’s at 16 per cent, Morocco’s at 22 per cent and South Africa’s at 27 per cent. Norway’s, one of the OECD members, however, stands at 54 per cent. In 2016, global consulting firm PwC said in theJune edition of its Tax Watch that Nigeria earned N5.5 trillion ($27 billion)

from taxation in 2015.“South Africa with a smaller economy and only about one-third the Nigeria’s population collected twice as much R808 billion (about US$57 bn) in taxes alone,” the report stated. The difference is clear: 40 million, out of the 70million active citizens in Nigeria, said former Finance Minister Kemi Adeosun, pay taxes. And the 30 million tax dodgers cut across the rich and the poor. This shenanigan mirrors the tax situation in Africa, a situation not exactly bad, some international tax watchers say. “Governments committed to expanding revenue collection, including through income taxes, have sometimes seen large gains,” researchers from the International Centre for Tax and Development (ICTD) stated. They cited the Rwanda and Ethiopia success stories. “In individual cases, governments have been able to mobilisepopular

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FEATURES support for new taxation by linking it more explicitly to benefits, for example in Sierra Leone and Nigeria.”

Nigerian Reality The Nigerian authorities won’t celebrate this research finding, though. The reality is starkly different. As at December 2017, only 943 Nigerians paid self-assessed taxes of less than N1 million, according to Vice President Yemi Osinbajo while addressing a gathering of members of the Chartered Institute of Taxation in Nigeria recently. A partner with Deloitte & Touche Nigeria, Oluseye Arowolo, also revealed that of the 14 million registered personal income taxpayers, just 214 Nigerians pay up to N20 million as annual tax; 914 people pay up to N10 million. And according to the Corporate Affairs Commission (CAC), there are just 2.5 million tax-registered corporates out of the 30 million on the CAC list. Worse, the 214 in the tax upper crust live in Lagos where just five million of the taxable nine million pay taxes, the state internal revenue service said. Ninety per cent of the tax payers are from the Organised Private Sector (OPS) and public servants while 10 per cent are from the informal sector in the state. The Joint Tax Board stated that Lagos raked in 40 per cent of the N684 billion the 36 states of the federation took in in 2015. At least 46 per cent of Nigeria’s 10-million registered personal-income taxpayers, said the National Bureau of Statistics, lived in the state. But this is not in praise of the Lagos elite. They could have done more, and declared higher than N20 million each, annually, considering the sheer number of the rich cocooned in the most populated city on the continent.

Credit: Gbenga Ogundare

Lagos also ranks the fourth wealthiest in Africa. In a report by AfrAsia Bank and New World Wealth in 2017, Lagos warehouses$120 billion of Africa’s wealth. No fewer than four dollar-rich billionaires, 360 multi-millionaires, and 6,800 millionaires live in the city. Yet just over 200 of these moneybags remit about N20 million each, yearly, and just over 900 pay N1 million each every year.

Injustice against the Poor It has actually been discovered the tax system is rigged against the poor in developing countries, thanks to the games the elite play in shaping politics of tax and its collection. In Africa, the ICTD says, taxation of the wealthy remains ineffective. “The overall collection of income and property taxes is a fraction of levies on the OECD countries,” the group’s findings reveal. “Taxation of professional incomes and capital gains are often almost negligible; corporations benefit from poorly monitored tax exemptions, and so on.” In Nigeria in particular, the wealthy declare just single sources of income, when they have streams of multiple incomes hidden from the tax man. “They are only taxed through the PAYE,” said Adeosun. “Yet, they earn so much from part-time jobs, and extra businesses.” These artful dodgers include the nerds in online businesses, entrepreneurs, Nollywood’s big earners, and others. In the enforcement, the injustice is also obvious. “There is growing evidence that much of the cost of poor enforcement of taxes on the rich falls on the poor,” the ICTD says. That happens through fragmented subnational taxes, formal and informal user fees, reliance on community associations for services, and the broad reach of informal taxation—all borne by the have-nots, including the PLWDs.

PLWDs Stand The PLWDs are not grumbling about paying taxes, anyway. “There’s nothing wrong in paying taxes as disabled persons,” said Tunde Muhammed, chairman of the Nigeria Association of the Blind, Lagos. “It helps any disabled person paying his tax to stand up and insist on exercising his rights.”

Muhammed’s only worry is what he sees as the fundamental problem in government approach to disability in Nigeria. And he believes this approach

There’s nothing wrong in paying taxes as disabled persons... It helps any disabled person paying his tax to stand up and insist on exercising his rights...but local laws that should promote and protect the PLWD’s right to inclusive development are not there in the ﬁrst place

makes the minority objectives of the SDG a tall dream—tax or no tax. “Local laws that should promote and protect the PLWD’s right to inclusive development are not there in the first place,” he said. David Anyaele, Executive Director of the Centre for Citizens with Disabilities, also pays his tax, though he thinks the PLWDs should be shielded from tax because the government has no plan for their welfare. But he agrees with Muhammed on one point: The problem goes beyond tax justice. “It is about deliberate state policy to include and ensure no one is left behind in development,” he said. Lack of good tax policies actually spawns the problem of the rich gaming the tax system at the expense of the poor. And that laxity permits just any smart alec, including multinationals, to also bend the tax rule, says Adewale Adeduntan, Social Mobilisation Manager at Actionaid Nigeria. Adeduntan isn’t exactly wrong. Between 2005 and 2015, capital gains tax unremitted by some oil giants that bought the federal government assets stood at $270 million, according to a report. The Impact of non-payment of Capital Gains Tax (CGT) and other Levies in the

Oil and Gas Sector on the Socio-Economic Development of the Country, a report by the Socio Economic Rights and Accountability Project (SERAP), reveals that this failure has bogged Nigerians deeper into poverty and under-development. This perceived injustice is not without its effect. The informal sector, which the Central Bank of Nigeria says contributes 48 per cent of Nigeria’s over $500 billion GDP, has no trust in the tax system. And the 36 million mom-and pops, (out of the 37 million businesses in Nigeria) employing over 60 million people, will do everything to blow off tax collectors. And according to Adeduntan of the Actionaid Nigeria, it’s a loss that must be stopped in the effort to fund development. The race for the SDG medals is actually spurring on responsible governments. No doubt, funds will determine how far a nation will go. But with shrinking government revenues in resource-dependent economies like Nigeria where oil generates 61 per cent of government revenues, attention has to shift to taxation. And the administration of revenue so gleaned, just and equitable, will only create responsible taxpayers engaging an accountable government for an inclusive society.

T H I S D AY Ë¾ TUESDAY APRIL 2, 2019

WEEKLY PULL-OUT

SUCCESS ADEGORâ€™S VIDEO: BRINGING FORWARD ISSUES OF EDUCATIONAL INFRASTRUCTURE AND LEVIES

02.04.2019

Chiedu Ebie C

2/DASHBOARD

02.04.2019

Locus Standi to Challenge the Appointment of a Judicial Oﬃcer PAGE 4

Idigbe: Lawyers who Frustrate Cases, Make Laws Unworkable, should be Disciplined PAGE 5

NBA-SBL Trains 100 Young Lawyers on Banking Law PAGE 5

Lagos CJ Commissions Rebranded Probate Registry PAGE 5

QUOTABLES

CLP Legal Names New Managing Partner

‘I thought in all wisdom, that the Chairman of the Code of Conduct Tribunal, who decided that Ngwuta didn’t have a case on the basis of the Court of Appeal decision in Nganjiwa’s case, would also apply the same principle in the CJN’s case.’ – Dr Olisa Agbakoba, SAN, Human Rights Activist

‘I think it was Lord Denning, that made the point that, a Judge worth his salt, must not allow even the perception to be created, that he is a lawbreaker. Once a Judge is accused of having broken the law, he has a choice to challenge the allegation and clear himself, or check out of the system.’ – Femi Falana, SAN, Human Rights Activist

PAGE 6

‘A Lawyer should Set his Sights on Novel Areas of Practice’ PAGE 6

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

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

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

Another Look at Gun Control

o I believe in gun control? Yes, I do, very much so. Do you?

My American Experiences My first experience of someone running amock and killing someone, was when I was in University in USA in 1984. There was this 7-Eleven supermarket near the University, where students frequented. Some students also worked there after classes, to make extra cash. The unfortunate female victim, was one them. She had ended her relationship with her boyfriend who was also a student, and he went beserk and declared that, if he could not have her as his girlfriend, no one else would, so he went to the 7-Eleven in the evening during her shift, shot and killed her. My second experience, was about 20 years ago. I was sitting in my nephew Lanre’s sitting room in Maryland, USA one afternoon, chatting with Tema, an American friend of his, when we heard a loud noise. We immediately ran outside, to check what had happened. Lanre’s neighbour had hit Tema’s car, while trying to manoeuvre into his driveway. When Tema asked him why he hadn’t called her to move her car if it had overshot Lanre’s driveway into his own, he menacingly responded that he had a gun! I immediately started shaking like a leaf, “ibon ke” (gun), I asked myself? What for? Why? Tema ran back into the house and telephoned the Police, who arrived on the scene within a few minutes. They cordoned off the road, and ordered the neighbour to step out of his car (using a microphone), so that the car could be searched (just like in the movies). The Police however, did not find a gun. I got talking with one of the Policemen, and confessed to him that I had been frightened with what had transpired. I asked him how come everyone, or at least every adult in USA, seemed to have a gun and was ready to use it freely, for very flimsy reasons, at the slightest provocation. I told him that I did not subscribe to the fact that, it was legal for every adult to have a gun. The Policeman disagreed with me. He said it was better for everybody to be permitted to have weapons, to protect and defend themselves, if the need arose, than like in places like Nigeria, where only a few people like law enforcement agents and criminals had guns, and used them to oppress the majority, who were unarmed. Very regularly these days, on CNN and other news stations, there is always one report or the other, of someone, mostly in USA, usually not that elderly, running riot with firearms and killing people, whether a disgruntled post office worker who goes back to kill his colleagues at the post office, or a University student who goes on a rampage, killing fellow students on campus. One of the first University killings in USA that made the news, was that of University of Texas at Austin in 1966, where a 25 year old Engineering student climbed to the top of the University tower, and killed 16 people using six guns. As the years have gone by, these unfortunate occurrences, have become more regular. In 2011, in Norway, 40 year old Anders Behring Breivik, shot and killed 69 students, 33 of whom were below the age of 18, while they were attending a summer camp in Utoya. A couple of weeks ago, 28 year old Brenton Tarrant, attacked two mosques in Christchurch, New Zealand, shot and killed at least 50 people, injuring another 50. The Nigerian Situation In Nigeria, our case is different. What we have here, are trigger-happy law enforcement agents, like Police and Soldiers, oppressing innocent citizens with their weapons, and killing extra-judicially. And even though Section 10 of the Firearms Act 2004 (FA), provides that only a licensed Firearms dealer can deal in firearms and ammunition, many who possess firearms, are able to procure them illegally, while criminals even rent weapons from law enforcement agents, to carry out their operations. In the case of the famous armed robber, Lawrence Anini, who

terrorised Benin City and its environs with his gang in the 1980s, Chief Superintendent of Police, George Iyamu, was the supplier of their weapons. We have, insurgents, herdsmen, armed robbers and other criminals, killing victims – not everyday people, shooting at each other, or going beserk at places like Shoprite, shooting people dead, as obtains in USA. It seems that, the average Nigerian, is not interested in acquiring firearms. In any event, how can the majority of people who are barely able to live at sustenance level, be able to afford to purchase firearms?

Firearms Act 2004 In USA, Federal law allows people who have reached the age of 18 to have rifles and long guns, while those that are 21 years and above, are allowed to own handguns. However, some States have stricter minimum requirements, with certain exceptions. In Nigeria, the FA regulates the possession and dealing in firearms and ammunition. Depending on the type of weapon, Sections 2 and 3 of the FA, provide for licenses to be obtained from the President or Inspector General of Police, to be able to lawfully possess firearms. Section 7(1) of the FA also requires an applicant for a firearms licence, to provide a cogent reason for wanting to own a firearm. I was however, shocked to find out that, Section 7(2)(a) of the FA allows a person of 17 years to obtain a gun licence or permit, a year younger than in USA. 17 years is too young. How can you be allowed to own a lethal weapon, before you are eligible to vote? Section 7(2)(b) and (d) prohibit a person of unsound mind and intemperate habits respectively, from being granted gun licences. But, how does the weapons dealer determine if a person is of unsound mind or intemperate habits, having probably never met the buyer before the transaction, unless the person looks clearly unstable or troubled? Though in USA, 18 U.S.C.A. (United States Code) Section 922(d) prohibits the sale of any firearms or ammunition to a person who you know or have reasonable cause to believe that such a person “has been adjudged as a mental defective or has been committed to a mental

institution”, a person does not have to undergo any psychological evaluation before being qualified to buy a firearm. We have since discovered that, some of the people who have been responsible for these gruesome killings, were disturbed, suffering from depression or psychosis, were drug addicts, or had an unhealthy obsession with firearms, or racist or some type of extremist, and so on; and it was only after ‘the deed had been done’, that people wondered how someone in such a poor mental state of health, was able to procure a firearm in the first place. I think that everyone who wants to acquire a firearm, must not just have a certificate of mental fitness, but guarantors, as one is required to have, when opening a bank account. If the truth be told, as they stand presently, gun control laws seem rather slipshod. And, statistics have revealed that, the more lax gun control laws are, the more homicides and suicides there are likely to be. If for instance, there is no way to establish a person’s mental capacity before they are allowed to buy a weapon, by having certification to prove mental capacity, then providing that weapons should not be sold to those of unsound mind, is not worth much more than the paper that the law is printed on. Part V11 (Section 28) of the FA provides for various types of punishments ranging from fines to 10 years imprisonment, for violating the FA. Possession of a firearm without a licence, attracts between five and ten years imprisonment, depending on the category of the weapon. This punishment is definitely more stringent than in USA, where for a first time offender, this offence carries a penalty of two years imprisonment or a $1,000 fine. Gun Control There is a never ending debate, about gun control. Those that are against it argue that, it is not the guns that kill themselves, it is people who use them, and that if they don’t use guns, they will use other weapons like bombs, hammers, and knives, to kill; that people must be able to protect themselves and prevent tyranny, by owning their own guns; that banning guns will be like banning

Oliver North, President of the National Riﬂe Association, USA

ONIKEPO BRAITHWAITE

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

“IF THE TRUTH BE TOLD, AS THEY STAND PRESENTLY, GUN CONTROL LAWS SEEM RATHER SLIPSHOD. AND, STATISTICS HAVE REVEALED THAT, THE MORE LAX GUN CONTROL LAWS ARE, THE MORE HOMICIDES AND SUICIDES THERE ARE LIKELY TO BE”

drugs - people have been so exposed to firearms, that if they are unable to get them legally, they will procure them illegally; that cars kill when involved in accidents, and they have not been banned, so why ban guns? In the case of USA, that banning guns is unconstitutional, running foul of the Second Amendment which guarantees the right of people to bear arms. In Nigeria, provisions like Sections 14(2)(b) and 17(3)(c) of the 1999 Constitution of Nigeria make the responsibility for the security, safety and welfare of Nigerians, that of Government, and not the individuals. I agree with those who support gun control. In 2017, according to available statistics, almost 40,000 Americans were killed by guns, the highest number of gun deaths in nearly 50 years, about 60% being suicides/self inflicted. In 2018, Small Arms Survey showed that there are 857 million small arms in the hands of civilians globally, 393 million of which are in the hands of American civilians. Unfortunately, there do not seem to be available statistics, to confirm the number of weapons that are in the hands of Nigerians. According to the Gun Violence Archive statistics, in 2018 alone, 307 mass shooting incidents occurred in USA. We may think that it doesn’t concern us, because it’s in faraway USA, but it does. Aside from the fact that, many of us have relatives and friends residing in USA, and we also travel there regularly, USA has always been a pace setter, where trends, whether positive or negative begin, and trickle down worldwide. 20 years ago, I’m not sure that anything like suicide bombing, existed in Nigeria. We read about it happening in USA and the Middle East, in the newspapers. Today, it is a common occurrence in the North East of Nigeria. It is time that the world powers jointly take a serious look at gun control, even though they may have the extremely strong American National Rifle Association, a non-profit organisation which fights for gun rights, to contend with. The fact that, over the years, gun violence which has escalated in astronomical proportions, must be curtailed, is undeniable.

4/LAW REPORT

02.04.2019

Locus Standi to Challenge the Appointment of a Judicial Ofﬁcer

T Facts

he Appellant and another legal practitioner, commenced an action at the High Court of Imo State against the 1st Respondent (a then serving Magistrate in the Imo State Judiciary), challenging the intended appointment of the 1st Respondent as a Judge of the High Court of Imo State. The Appellant, without filing a statement of claim, proceeded to file a motion on notice for interlocutory injunction restraining the 1st Respondent from presenting herself for appointment, or from being sworn in as a Judge. The Respondents filed their counter-affidavit, to the motion. Afterwards, the Appellant filed the statement of claim. The 2nd and 3rd Respondents filed a statement of defence, and raised a preliminary objection to the hearing of the suit inter alia, on the ground that the Appellant and his co-Plaintiff, lacked the necessary locus standi to institute the action. The trial Judge upheld the objection, and struck-out the suit. The Appellant, who was dissatisfied with the judgement, filed an appeal to the Court of Appeal, but same was dismissed by the appellate court. Still dissatisfied with the decision of the lower court, the Appellant further appealed to the Supreme Court. Issues for Determination The issues adopted for determination of the appeal were: 1. Whether the Court of Appeal was right, in holding that the Appellant had no locus standi to institute this action. 2. Whether the Court of Appeal was right, in holding that the action disclosed no reasonable cause of action. Arguments The Appellant submitted on the first issue that, facts of fraud perpetrated by the 1st Respondent to obtain by false pretence a promotion to the position of Chief Magistrate in Imo State, and threat by the 1st Respondent to deal “ruthlessly” with the Appellant once appointed, were pleaded in his statement of claim. Appellant relied on Article 13(2) & (3) of the African Charter on Human and Peoples’ Rights (CAP A9, Laws of the Federation of Nigeria, 2004); Sections 13 and 17(2)(a) and (c) of the Constitution of the Federal Republic of Nigeria, 1999 in support of his contention that he has a legal right in the subject of the suit, to stop the 1st Respondent from being appointed as a Judge of the High Court of Imo State, and that the acts complained of affected his civil rights and obligations. Counsel submitted further that, the court ought not to deny the exercise of judicial power to a person who seeks it merely because his claim may be wanting in merit, relying on ALSTHOM v SARAKI (2000) 4 SCNJ 249 at 256; and Rule 21 of the Rules of Professional Conduct in the Legal Profession, 1967 (as amended in 1979). Counsel added that, the suit was “preventive in nature”. For the 1st Respondent, it was argued that the court had, at several instances, pronounced on the issue of locus standi and contended that Section 17 of the 1999 Constitution relied on by the Appellant is not justiciable. Furthermore, that the Appellant had failed to show how his right under Sections 36(1), 38 and 42 of the 1999 Constitution would be negatively impacted, if the Respondent was appointed as a Judge. The 2nd and 3rd Respondents on their part, posited that a general interest common to all members of the public, is not a litigable interest to confer a party with locus standi to institute an action. Court’s Judgement and Rationale The Supreme Court commenced, by identifying the essence of locus standi as the actual legal capacity of instituting or commencing an action in a competent court of law, without obstruction or hindrance from a person or body whatsoever. INAKOJU v ADELEKE (2007) ALL FWLR (Pt.353) 1 at 98. Also, that locus standi is a condition precedent to instituting an action, before a court of law. It is a legal voice which a Plaintiff amplifies his legal rights, over and above those of ordinary men. It constitutes a condition precedent, to the institution of an action; thus, for an action to be maintainable, the person instituting it must have legal capacity, otherwise the court is robbed of necessary jurisdiction to entertain it. In A-G FEDERATION v ABUBAKAR (2007) 10 NWLR (Pt.1041) 1 at 75, the court extended the frontiers of locus standi, to the effect that a general interest common to all members of the public is not a litigable interest to allow standing, and that a citizen, without more, has no locus. The law is that, a Plaintiff will have locus standi in a matter, only if he has a special right, or if he can show that he has sufﬁcient interest in the performance of

Hon. Sidi Dauda Bage, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 25th day of January, 2019 Before Their Lordships Walter Samuel Nkanu Onnoghen, CJN Kumai Bayang Aka’ahs John Inyang Okoro Chima Centus Nweze Sidi Dauda Bage Justices, Supreme Court SC307/2008 Between Chidi B. Nworka, Esq. .... Appellant And 1. Mrs. Ann Ononeze-Madu 2. The Governor of Imo State 3. Attorney-General of Imo State .......Respondents (Lead Judgement delivered by Hon. Sidi Dauda Bage, JSC)

the duty sought to be enforced, or where his interest is adversely affected. In the instant case, the Appellant relied on the provisions of Article 13(2) & (3) of the African Charter on Human and Peoples; Sections 13 and 17(2) (a) and (c) of

“.... A PLAINTIFF WILL HAVE LOCUS STANDI IN A MATTER, ONLY IF HE HAS A SPECIAL RIGHT, OR IF HE CAN SHOW THAT HE HAS SUFFICIENT INTEREST IN THE PERFORMANCE OF THE DUTY SOUGHT TO BE ENFORCED, OR WHERE HIS INTEREST IS ADVERSELY AFFECTED.... THE ACT COMPLAINED OF, HAD NOT AFFECTED THE CIVIL RIGHTS OF THE APPELLANT OR NIGERIANS OR THE RESIDENTS OF IMO STATE, OR OTHER LEGAL PRACTITIONERS IN OWERRI, ORLU AND OTHER JUDICIAL DIVISIONS....”

the 1999 Constitution of Nigeria, to contend that he had a legal right in the subject-matter of the suit, to stop the 1st Respondent from being appointed as a Judge. The Appellant has a duty not to only show that he has sufficient interest in the action, but more importantly, to show that his legal rights or obligations have been or are in danger of being infringed. Their Lordships noted that, the circumstances of the suit called for circumspection, to avoid encouraging a dangerous trend. The law and principle of locus standi, is intended to provide effective filters against absurdities; but not to allow every citizen rise up in protest against the proposed appointment or elevation of judicial officers, for no justifiable reason. In the instant case, the act complained of, had not affected the civil rights of the Appellant or Nigerians or the residents of Imo State, or other legal practitioners in Owerri, Orlu and other judicial divisions. Therefore, the court justifiably denied the exercise of judicial power to a person who seeks it, merely for unmeritorious or less than decent purposes. The first issue was thereby resolved against the Appellant, where it was found that the Appellant did not show an acceptable level of minimal satisfaction that Section 17 of the Constitution which is not ordinarily justiciable, should be made justiciable in his case. It was also found that, the Appellant did not show how his right under Sections 36(1), 38 and 42 of the Constitution had or would have been negatively impacted, if the 1st Respondent was appointed as a Judge of the High Court. On the second issue, their Lordships held that a cause of action is the factual basis. that formed the basis of invoking the jurisdiction of court in a suit. In determining the cause of action or a right to sue, the court will rely on the statement of claim filed by the Claimants, to determine their standing. SOKOTO NATIVE AUTHORITY (1986) 1 All NLR 377. Cause of action, touches on the issue of jurisdiction. It is fundamental to adjudicatory competence, for a court to first examine the basis of dispute; that is, what led to instituting the suit, which is otherwise called “cause of action”. Any defect in the competence of a court to entertain a matter is fatal, for the proceedings are a nullity, however well conducted. Therefore, a determination by any court without jurisdiction, confers no right or obligation. NWOSU v I.S.E.S.A (1990) 2 NWLR (Pt. 135) 688. In determining whether a court has jurisdiction to determine a suit, without delving into the merit or otherwise of the case, all that the court needs do is to look at the Writ of summons and Statement of Claim of the Claimant, to establish the basis of the suit on which the Court may anchor its jurisdiction. ADEYEMI v OPEYORI 1960 9-20 SC 31. In the instant case, the suit had no reasonable cause of action, as the Appellant’s suit was merely “preventive in nature”; the suit was self-serving, vindictive and unreasonable in the circumstances, as it was based on speculative inferences such as: the 1st Respondent’s corrupt tendencies; her being proposed for a Judge; her vow to use the office to the detriment of the Appellant, and her being recommended by the NJC. It was found that, the Appellant’s case was a speculative misadventure, and lacked a cause of action, beyond a desperate attempt to outrightly stop the appointment of the 1st Respondent as a High Court Judge. The wrongful act of the 1st Respondent and the consequential damage suffered by the Appellant, was lacking and invisible, making the cause of action anticipatory, which no court of law would countenance. The suit lacked the essential ingredients for the purpose of conferring jurisdictional competence on the court, to hear and determine the suit as laid down in MADUKOLU v NKEMDILIM (1962) 2 SCNLR 341, where the position of the law has long been settled as to the principles which must be satisfied, before the court can competently entertain a suit. Conclusively, the court resolved the two issues against the Appellant, and dismissed same with substantial costs in favour of the 1st Respondent. The decision of the lower court was affirmed. Appeal Dismissed. Representation: Chidi B. Nworka, Esq. for the Appellant. E. Ofodile, SAN with Chukuma Machukwu Ume SAN; S. Okereke; Deborah Iniye Warrie Esq; and Nliam Okechekwu Banjamin Esq for the Respondents. Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

02.04.2019

NEWS/5

L-R: L-R: Attorney, Punuka Attorneys & Solicitors, Tobenna Nnamani, Assistant Registrar, National Collateral Registry, Bisi Toro-Popoola, Attorney, Northeast New Jersey, Legal Services Inc., Mr. John Ukegbu and Coordinator, Conference of Western Attorneys General/Africa Alliance Partnership (CWAG\APP) - Punuka Attorneys & Solicitors, Mrs. Ebelechukwu Enedah, at the one-day workshop, last Thursday Photo: Kolawole Alli

L-R: Secretary, NBA Section on Business Law, Adeoye Adefulu; Executive Director, International Law for Africa (ILFA), Cynthia Lareine; NBA-SBL Media and Communications Committee Chairman, Theodora Kio-Lawson; Chairman, NBA Section on Business Law, Seni Adio SAN and NBA-SBL Committee Chairman, Banking, Finance and Insolvency, Dr. Tominiyi Owolabi, at the opening ceremony of NBA-SBL ILFA Banking and Finance Academy for Lawyers in Victoria Island, Lagos.

Idigbe: Lawyers who Frustrate NBA-SBL Trains Cases, Make Laws Unworkable, 100 Young Lawyers on Banking Law should be Disciplined Stories by Akinwale Akintunde A Senior Advocate of Nigeria, Chief Anthony Idigbe, has called for punishments for Lawyers who frustrate cases, and make laws unworkable in Nigeria. Idigbe expressed this view in Lagos last Thursday, at a one-day workshop organised by Conference of Western Attorneys-General (CWAG) and African Alliance Partnership (AAP). The workshop with the theme: ‘The Role of Secured Transactions in Moveable Assets Act in Financing MSME in Nigeria’, was organised by CWAG Africa Alliance Partnership (AAP) in collaboration with the National Collateral Registry (NCR). Idigbe, whose law firm, Punuka Attorneys & Solicitors, is the coordinator of CWAG’s activities in Nigeria, said Lawyers have a role to play in ensuring the reforms of Secured Transactions in Moveable Assets (STMA), otherwise known as, the Collateral Registry Act works. He said the Act would open up the loan system and break the monopoly of banks, and urged all stakeholders to buy into the vision, and help the Collateral Registry carry out its mandate During the question and answer session, he regretted that the report of the Legal Practitioners Reform Committee, which he chaired, is gathering dust. Also, Cross River State AttorneyGeneral and Commissioner for Justice, Joseph Abang, said access to finance is a fundamental factor in the growth and development of

any economy, and is considered to be a driving force in private sector development. He said in Nigeria, more than 70% of private enterprises, particularly MSMEs, have limited or no access to credit. “According to the International Finance Corporation (IFC), lack of access to finance is a key constraint on the growth of MSMEs in sub-Saharan Africa, and thus, constitutes a limitation on employment, economic growth and shared prosperity. “The drive of the Federal Government to facilitate the ease of doing business and guarantee easy access to credit for businesses, especially MSMEs, recorded a milestone, when the Secured Transactions In Moveable Assets (STMA) Act was passed in 2017. The main objective of the Act, was to enhance financial inclusion in Nigeria and stimulate responsible lending to MSMEs. “To stimulate the economy, the Act establishes a regime that guarantees access to credit secured by moveable properties. In addition to the general objective of providing and developing a framework guaranteeing access to credit secured by moveable assets, the specific objectives of the Act include, establishing a National Collateral Registry, stimulating affordable lending to MSMEs, facilitating the perfection and realisation of security interests in moveable assets, and enhancing financial inclusion in Nigeria. “World Bank statistics indi-

cate that, Nigeria ranks 44th in the global access to finance index 1, which demonstrates an upward progression from the previous year. More recently, Nigeria moved up 24 places in the World Bank Global Ease of doing Business Index 2. One of the key areas noted in the report, was the Government’s drive to expand access to credit for businesses, especially MSMEs. It has been argued that, the most significant step taken by the Government to earn the move, was the passage into law of the STMA. “It is hoped that, the passage of the Act will facilitate the achievement of the goals of the Presidential Enabling Business Environment Council (PEBEC), set up by the President, to progressively make Nigeria an easier place for businesses to start and thrive”, Abang said. Mrs. Ebelechukwu Enedah, CWAG Coordinator, said, currently, MSMEs represent at least 96% of Nigerian businesses. According to her, unfortunately, for such a huge sector that contributes overwhelmingly to the economy, it is constantly plagued with the challenge of sourcing and raising of funds to sustain and grow the businesses, due to lack of immovable assets which is the preferred security for banks, being the primary lending institutions in the country. “The fairly recent passage of the Secured Transactions in Movable Assets Act (STMA), is a laudable step in the right direction. It is hoped that, this

Act will assuage the imbalance and go a long way to redress the prevailing position to a large extent, as it seeks to stimulate and assist MSMEs in securing financing, by giving legal backing to the perfection and realisation of security interests, in movable assets. By implication, MSMEs can now secure loans, with moveable assets. The Act also establishes the Nigerian Collateral Registry, to identify priority of competing interests in secured assets. “It is against the background of this, that the theme was selected in order to generate a better understanding of the Regulatory Framework for secured transactions in movable assets, and create needed awareness of how MSMEs can benefit from this Act. “The combination of the Collateral Registry and seasoned professionals in secured transactions, both local and international, will certainly go a long way in aiding the understanding of the law, towards its implementation and enforcement in Nigeria; which is believed, will encourage growth of MSMEs with the resultant boost in the economy”, she noted. The workshop also saw presentations from Assistant Registrar of NCR, Mrs. Bisi Toro-Popoola, who took participants through how the Registry works, and Mr. John Ukegbu, a United States-based legal practitioner, who spoke on the US Perspective of Secured Transactions in Moveable Assets.

Lagos CJ Commissions Rebranded Probate Registry As part of efforts to rebrand the Lagos State Judiciary to international standard, the Chief Judge, Hon. Justice Opeyemi Oke, has launched the automation process of the Probate Registry. Speaking at the launch in Igbosere High Court, Lagos Island, Justice Oke said that, with the use of modern technology at the Probate Registry, all forms of human error and corruption within

the department will be reduced to the barest minimum, with service delivery becoming easier and more effective. She explained that, previous administrations had attempted to reposition the Registry, with minimal success, adding that, repositioning the Registry will make submission of probate applications easy, due to electronic online payments

that will eliminate bureaucratic challenges and revenue leakage. The Chief Judge emphasised that, the electronic probate system will get rid of bureaucratic challenges, that will lead to a drastic reduction in the problem of revenue leakage. Also speaking on the automation process, the Chief Registrar, Mrs. Taiwo

Olatokun, said the innovation will hasten customer service delivery, noting that, members of staff have been trained to give warm and friendly support to customers always. Mrs. Olatokun pointed out that, her members of staff had been trained to give a warm and friendly support to customers, as may be required from time to time.

The Nigerian Bar Association’s Section on Business Law, at its Business Academy, took 100 of its young members through a comprehensive course on banking practice, as part of its effort in upgrading the legal profession. The training programme held at the Four Points by Sharaton in Lagos, in conjunction with a U.K based Non Governmental Organisation, known as International Lawyers For Africa (ILFA). It was a 3-day event, scheduled from March 25 to March 27, aimed at keeping young Lawyers in tune with the modern practice of law, as it relates to banking and finance. Speaking at the opening ceremony on Monday, Chairman of the NBA-SBL, Mr. Seni Adio, SAN, said that the event was the maiden edition of such programmes, for which about 100 participants would undergo training. According to him, in about six months’ time, we will have another session, and we do this based on objective criteria and background in banking and finance. “As a threshold matter, it is very critical; the major reason the NBA-SBL was established, is to enhance capacity building in commercial law practice and to foster Lawyers in becoming specialists, and not just generalists.” He said that, the training is part of the agenda or mission of the Section. “So, what we are doing is catching the young Lawyers early enough, such that they can get to be experts in the area of law, and have a long fruitful career, to be able to handle some of the most sophisticated commercial transactions”, he said. Adio said that, the idea of the training, is to enhance the capacity of as many Nigerian Lawyers as possible in commercial law practice, especially banking. On his part, Chairman of the NBA-SBL Banking Committee, Dr Tominiyi Owolabi, said that the Banking, Finance, and Insolvency unit of the Section, is a sub-committee

aimed at developing legal skills, and which focuses on banking and finance. He said that, Lawyers are extremely important in the financing process, since they are engaged in legal drafts and transactions. Owolabi added that, the Committee realised the need to keep developing Nigerian Lawyers for purposes of financing. “The challenge, however, is that most Nigerian Lawyers do not have the key exposure or the sophisticated financing, which the “market” requires”, he said. According to him, a lot of the transactions you see in the market, involve massive structuring skills, and the panacea for these projects, are foreign lenders. He said that, when foreign lenders come into the market, they expect Lawyers who are already in the market, to understand the basic terms and structures for financing the transactions. Owolabi noted that, a few law firms who have developed themselves in the country, have the capacity to sponsor their Lawyers for such training, but the Committee thought there is the need to develop the market as a whole, which prompted the training. “The training is driven by, the need to develop the market”, he said. The Executive Director of ILFA, Mrs Cynthia Lareine, described Nigeria as a fantastic place with some of the most established and sophisticated law firms across Africa, adding that this has attracted international interest. She said that, the impact of the training, is to get the young Lawyers to think beyond the four walls of their own country or jurisdiction. Also ”to being able to see the bigger picture, being able to see that they are part of something global, and being able to give them the skills that they need”. CONTINUED ON PAGE 6

02.04.2019

CLP Legal Names New Managing Partner Akinwale Akintunde CLP Legal, formerly known as Ukpong & Omotoso, has announced the appointment of Mr. Okey Egbuchu as the firm’s new Managing Partner. Mr. Okey Egbuchu succeeds Mr. Edo Ukpong, who stepped down as Managing Partner, after serving with distinction in that capacity, since the establishment of the firm in 1990. Egbuchu, until his appointment, was a Partner in the firm. He is a commercial Lawyer, with extensive experience in corporate law and restructuring, corporate and project finance, construction and infrastructure, and energy law. His experience in these fields, covers banking, and other financial institutions, automobile manufacturing, conglomerates,

hospitality, insurance, and property. Earlier on in his career, he practiced mainly as a civil and commercial litigator, and still handles a portfolio of such cases. Egbuchu, a pioneer in gas pollution litigation in Nigeria, joined the law firm of Ukpong & Omotoso (now CLP Legal) in 1994 as an Associate, and rose to become a Partner in 2001 Admitted to the Nigerian Bar in 1992, Okey Egbuchu worked briefly as a Federal Prosecutor at the Federal Ministry of Justice, between 1992 and 1993. He, thereafter, joined the Law Firm of Ukpong & Omotoso in 1994 as an Associate, and rose to become a Partner in 2001. He is a Member of Council of the Nigerian Bar Association Section on Business Law, past Chairman of the

NBA-SBL TRAINS 100 YOUNG LAWYERS ON BANKING LAW According to Lareine, Nigeria has become the biggest beneficiary of the programme in Africa to date, as there is so much enthusiasm for knowledge in the country. Dr. Gabriel Onagoruwa of White & Case, London, said - “Introduction to finance. I addressed the different finance structures, that are available to borrowers lenders. But, most importantly, we wanted the young Lawyers to understand the fundamentals

L-R: Outgoing Managing/Founding Partner, CLP Legal, Mr. Edo Ukpong, newly appointed Managing Partner, Mr. Okey Egbuchu and Founding Partner, Mr. Ayodeji Omotosho at the press brieﬁng to announce Egbuchu's appointment Photo: Kolawole Alli

Travel, Tourism and Hospitality Committee of the Section on Business Law; and a regular resource person at the annual conference of the Section on Business Law. Briefing journalists last Friday, on the appointment of Egbuchu as the firm’s new Managing Partner at the Ikoyi office,

CONTINUED FROM PAGE 5

of financing. Of course, we’ll address issues of alternative dispute resolution options available to parties, when disputes arise”. “The high interest rates in Nigeria, is quite a fundamental issue, although I must say that, when projects and financing are well structured, Nigerian banks are always ready to offer international interest rates. For instance, if you have a project where international partners are involved, they would do a risk assessment of that project,

and offer financing based on their findings. “So, transactions have to be properly structured, to enable international financiers to get involved. That is when we can say confidently that, a deal is bankable. “The Nigerian business environment is very good for investment, we just have to ensure that foreign direct investments, are encouraged to flow in. Yes, we have challenges, but every other country, has challenges.”

Mr. Ukpong, who jointly founded the firm with Mr. Ayodeji Omotoso in 1990, described his successor as “an astute, creative, and versatile person, who has been of immense value to the firm in providing practical, cost-effective solutions to Clients’ issues”. Ukpong said the handover of the management of the firm to Egbuchu marks another step in the right direction and also shows that any of the members of staff can highest position in the firm whenever they earned it. For Mr. Omotoso, there could not have been a better successor to Ukpong as the Managing Partner than Egbuchu, because he is the bridge between the old and the new, the analogue and the digital, and all that is needed to move the firm forward to next level. Present at the briefing, were also other Partners of the firm - Bankole Ogunrinde, the firm’s Administrative Partner, Oluseye Banjoko and Solomon Afahokor.

Legal Personality of the Week Folarin Aluko

‘A Lawyer should Set his Sights on Novel Areas of Practice’ Recently, I was touched when a subscriber called to inform me that, the Insurance Plan covered the entire cost of her delivery, from start to finish. At our March meeting, her husband personally attended, to thank the Branch for the Health Insurance. Recently, the NBA Abuja Branch partnered with the Nigerian Institution of Mechanical Engineers and Autolady Inspire Foundation, to provide training in automobile mechatronics and entrepreneurship basics, to about 30 young ladies in the FCT, Abuja, under the Girls Auto Squad project. The project was designed to inspire gender inclusiveness in the male- dominated auto repair industry, by providing technical training and corporate consultation to the participants. Participants included displaced and indigent girls, seeking to acquire vocational training. These experiences are memorable.

Please, give a brief introduction of yourself My name is Folarin Aluko, I am a partner in the firm of Trumann Rockwood Solicitors, and currently the Chairman of the Nigerian Bar Association, Abuja Branch. I am the Chairman, Board of Trustees of the Intellectual Property Lawyers Association, Nigeria, an association that has done considerable public interest work in the areas of Intellectual Property and Entertainment Law in Nigeria. I am an old student of Kings College, Lagos, and an alumni of the University of Lagos. My areas of interest include contentious and non-contentious subject matter in Media and Communications Law, Digital Forensics, Aviation Law, Entertainment and Sports Law, and Intellectual Property Law. Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges? The legal profession in Nigeria, is not immune to the body of challenges that form a part of the ‘Nigerian Factor’. We all face the same, infrastructural and developmental challenges. In fact, 99.9% of all legal practitioners in Nigeria, face the same challenges. External factors, such as technology and globalisation, have disrupted the traditional business model; unfortunately, the profession in Nigeria, is still trailing behind. At the same time our internal issues of poor remuneration and the absence of leadership succession systems, are perennial and deep-seated. Suffice to say that, young Lawyers feel the pinch of the profession the most. Young lawyers are often left to fend for themselves, on a meagre salary. In the legal profession, a Lawyer who is 5 years post-call, is considered to be a ‘young Lawyer’. In other professions, such a person would be approaching middle

Folarin Aluko

management. Middle management in the legal profession, begins around 10 years post call! This is a systemic problem, which can only be changed by addressing the operating models and paradigms, that govern the business and practice of law in Nigeria. One of the reasons I ran for office, was to help build a platform that will put Lawyers first, when it comes to issues of mental and physical health, Finance, welfare and professional development. What was your most memorable experience as a Lawyer? I am very humbled to have the opportunity to serve, in my capacity as Chairman of the Unity Bar. It is always an absolute pleasure to hear from colleagues, who received treatment under the Lawyers Health Insurance Scheme.

Who has been most inﬂuential in your life? Personally, I have an incredible nuclear and extended family. My parents and grandparents, uncles and aunts all played huge roles in my life, and the lives of my siblings and cousins. Professionally, I owe a debt of gratitude to my late mentor and grandpa, Justice Omololu-Thomas JCA (as he then was) and a host of other legal scholars including Irving Younger, Prof. Akin Oyebode, Lord Denning, Justice Antonin Scalia, Chief Obafemi Awolowo, SAN, Chief Bode Thomas, to name a few. The NBA Abuja Branch, has also had the good fortune to have such great leaders and past Chairmen including Mr. Ezenwa Anumnu, Mazi Afam Osigwe, Desmond Yamah. I consider myself very fortunate, to tap from these very resourceful gentlemen. Why did you become a Lawyer?

I fell in love with the legal profession, as a secondary school student. At the time, I was an avid reader of fictional legal dramas, and I was fascinated by the depictions of trial Lawyers in these books. As an undergraduate, I learned about the incredible power inherent in the law, and that knowledge spurs me to constantly seek ways to make valuable contributions to society, through the instrumentality of the law, and my profession as a legal practitioner. What would be your advice to anyone wanting a career in law? The legal profession is changing rapidly, and every day, the traditional functions of Lawyers, are being replaced by technology and artificial intelligence. We still have a long way to go in Nigeria, there are still many untapped areas that need the attention of Lawyers. Anyone seeking to pursue a career as a Lawyer, should set his or her sights on novel areas of practice. This is the only way, to ensure the survival and relevance of the legal profession in Nigeria. I would also encourage undergraduates to participate in the Clinical Law program pioneered by Prof. Ernest Ojukwu, SAN. Law Clinic programs, are a great source of hands-on, practical exposure to the legal profession. If you had not become a Lawyer, what other career would you have chosen? I’m not sure that I can envision myself, in any other profession. The legal profession provides a universe of opportunities, to those who are willing! Where do you see yourself in ten years? I want to build Trumann Rockwood Solicitors, into a world- class private firm. My partner and I, have a very lively practice, which we have grown from the ground up.

02.04.2019

The Nigeria Army Property Limited Ignores NIWA’s Stop Work Order on Apple Island Akinwale Akintunde The Nigeria Army Property Limited (NAPL) and Tauraf International Limited-Joint Venture Partner to Apple Island, have ignored Nigeria Inland Waterways Authority (NIWA)’s stop work order on Apple Island, and are hell bent on rewriting all known existing rules on dredging and reclamation projects, as in the proposed Apple Island within the Lagos Lagoon waterways. The proposed project requires appropriate technical and stakeholders engagement, before approval can be given by NIWA. Aside from the fact that dredging in close proximity to Banana Island Estate, may affect its foundation, Apple Island’s planned thoroughfare, which forces its way through the high-brow estate, to the already saturated and inadequate Banana Island Foreshore Road, which serves as the only entry and exit access road available to the residents of Banana Island and all the other smaller estates located on and off the Banana Island Foreshore Road, is not feasible, as it cannot support vehicular movement of residents of the proposed 40+ hectares Apple Island Estate. NAPL and Tauraf International Limited, have however, decided to ignore all environmental impact assessment reports advising that any attempt to add that amount of 40+ hectares load, will prove to be dangerous and can only result in chaos, and by pass the relevant authorities, by embarking on the project with total non- compliance to the extant laws and by laws of the Federal Republic of Nigeria and Lagos State. The project as it is unravelling, is becoming one of the biggest impunities to be exhibited by a government agency, on the people they are meant to protect, and who actually pay the tax from which they are maintained. Background Sometime in June 2018, an elaborate arrangement was made by the the NAPL and Tauraf International Limited as directed by its Managing Director, Brigadier Muhammed, and under the Chairmanship of the Chief of Army Staff, General Tukur Buratai, to officially launch Apple Island in the waters where no land existed. Other Partners to the Project, are namely Julius Berger

and VanOord. The property of Banana Island was destroyed by NAPL, in the desperation to demonstrate the viability of the Apple Island project to the Chief of Army Staff. This act of the Nigeria Army through its agency, put the residents of Banana Island Estate under serious mental siege, as they felt their rights were being trampled upon by a commercial enterprise, irrespective of it being a commercial off- shoot of the Nigeria Army. Their anger was manifested when General Buratai visited Banana Island to launch the Apple Island project, and he was embarrassed by the placard carrying residents, because he was under assumption that all the necessary processes and procedures for creating a new Island, had been duly followed and completed. The Residents Association was only soothed by General Buratai’s promise to wade in and ensure that an alternative outlet was found, while he set up a committee to look into the grievances of the Banana Island Residents Association complaints, of not wanting Banana Island to be an Access Road into the proposed Apple Island. It is considered to be a major security risk, apart from other ecological challenges of undermining the superstructure of the Island, accentuating flooding, since Banana Island itself, is a sand-filled Island. Litigation The Banana Island Residents and Property Owners Limited (BIPORAL), not to be taken unawares on this matter, decided to approach the court, to press for their rights to peaceful quiet enjoyment and a decent life. A proposed Island of this nature, must pass some basic tests in an enlightened society, and these are; public hearing to discuss the Environmental Impact Assessment and engage all stakeholders, which were never done. There is a subsisting case in the Lagos State High court, for which all parties have been served and a hearing date has been fixed, and is known to all parties. Continuation of dredging by the NAPL and its partner, could be another attempt to arm twist the court, and it will be interesting to see how the court responds, as the case unfolds. It seems that, the dredger being utilised for the Apple Island project, may have been obtained from AMCON, and if so, how its use was secured, raises questions. ‘Stop Work Order’ NIWA invariably demonstrated it can bark, even if it hasn’t been proven that it can bite, by putting a stop order on the dredging project. NAPL and Tauraf International Limited, have refused or neglected to positively follow NIWA’s laid-down guidelines before dredging can proceed, that is, to provide an environmental impact analysis, obtain approval from Federal Ministry of Environment to create the Island, hold a public hearing, present a survey plan and Certificate of Ownership/ Occupancy and make payments. The resolve of The Nigeria Army Property Limited and Tauraf International Limited to undermine all agencies of government, at both the Federal and State levels, and in particular, undermining NIWA, left NIWA with no choice, but to impose a ‘stop work order’ on them, on March 18, 2019.

“THE SINCERITY OF THE BUHARI GOVERNMENT, TO ENTRENCH TRANSPARENCY AND ENFORCE RULE OF LAW, BY ALLOWING INTER AGENCIES AND MINISTERIAL DEPARTMENTS TO DO THEIR WORK WITHOUT INTERFERENCE, IS BEING TESTED WITH THE GESTAPO STYLE BEHAVIOUR OF THE NAPL AND ITS JOINT VENTURE PARTNER - TAURAF INTERNATIONAL LIMITED”

Expert Opinion According to an expert whose work involves travelling on the Lagos Waters, the proposed Apple Island best exemplifies what is wrong in Nigeria, and with Nigerians. If an Island has to be created, it should not be where it is currently located, as it is mainly within the general channels used for navigational purposes. The establishment of the Island in its current location, obviously can cause accident on the waters, based on location and dredging activities. Would NIWA be allowed to do its work? This is a multi-million Naira question, being asked by all and sundry. The sincerity of the Buhari government, to entrench transparency and enforce rule of law, by allowing inter agencies and ministerial departments to do their work without interference, is being tested with the gestapo style behaviour of the NAPL and its Joint Venture Partner - Tauraf International Limited. Questionable Plan According to an individual aware of the

internal strategy of both the NAPL and Tauraf, the plan is to allocate free land to the Nigeria Army top echelon and other Security Agencies, allocating free parcels of land to highly placed government officials, in lieu of making any payment in fees and charges to the Federal Government through NIWA. The project is also being sold as strategic to the Nigerian Security echelon with Presidential Chalets, as a way of forcing through the project at the expense of law abiding residents of Banana Island, who when they bought into the Island, there was neither a plan of another Island so close by, nor Banana Island being made thoroughfare to and for another Island. Matters Arising An expert Town Planner, who does not want to be named, was discomfited when his opinion was sought. According to him, you don’t plan a development this way. What is being done, violates all rules of Urban Development, which are set out to create harmony and beauty. He asked rhetorically, how can an Island be created without the State Government? What would be the impact on the road in its location, what is the disaster management plan, what facilities –schools, hospitals etc are going to be provided to make it less exerting on existing facilities somewhere else? It suffices to say that, the action of the Army in proceeding with execution works on the Apple Island project whilst the matter is in court, is simply not only contemptuous, but is a contravention of the principle of law which has been applied over time, that while a matter is in court, it is not open to any of the parties to resort to ‘self help’ to alter the status quo. This principle was applied in the case of THE MILITARY GOVERNOR OF LAGOS STATE & ORS v CHIEF EMEKA ODUMEGWU OJUKWU & ANOR 1986 LPELR-SC.241/1985 or 1986 A.N.L.R. 233. What the Army is doing in the present circumstances, is a clear resort to self help, and derogates from the rule of law.

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02.04.2019

Chiedu Ebie

Success Adegor’s Video: Bringing Forward Issues of Educational Infrastructure and Levies The Miss Success Adegor’s, “No be say I no go pay” video, which went viral a few weeks ago, signalled a wakeup call for the Delta State Government and other States, to pay closer attention at their education sector, especially the Basic and Secondary Schools. It would be recalled that, recently, Delta State received negative publicity, over the scourge of female cultism, which has been ravaging Secondary Schools in the State, for quite a while. Delta State Commissioner for Basic and Secondary Education, Mr. Chiedu Ebie spoke to Onikepo Braithwaite and Jude Igbanoi, on this and other related issues, including their administration’s rehabilitation and development of educational infrastructure in the State, repositioning of technical and vocational education, so that youths can acquire skills that will enable them to become self-sufﬁcient, and promotion of School Sports, in order to harness talents at an early age. He also spoke brieﬂy, about his experience in the private sector, as a legal practitioner, and then in the oil and gas sector, before joining the Government of Senator Dr Ifeanyi Okowa in 2015, to serve his home State

he dilapidated state of the Okotie-Eboh Primary School, was for many, a sad commentary on the state of educational infrastructure in Delta State, where you are the Commissioner of Education. How did a State blessed with such natural resources, come to this sorry pass? When you became Commissioner in 2015, what did you meet on ground in the Ministry of Education? What was your assessment of education in the State? In Delta State, just like in some other States, the Education portfolio is split into Higher (Tertiary), and Basic and Secondary. I oversee the Basic and Secondary aspect of it, while one of my colleagues, is in charge of Higher Education. Secondly, I think it is inaccurate to arrive at a hasty conclusion that all schools in Delta State are in a sorry state or below average, without putting things in their proper perspective. To give you an idea of the number of educational institutions we have here in Delta State, in the Tertiary Education sub- sector, we have one University (DELSU) which is spread across 3 campuses in Abraka, Asaba and Oleh; three Colleges of Education in Agbor, Mosogar and Warri, and three Polytechnics in Oghara, Ozoro and Ogwashi-Uku. While at the Basic and Secondary level, we have 1,125 Primary Schools, 465

Secondary Schools and 6 Technical Colleges. That said, upon assumption of office in 2015, the Government of His Excellency, Senator Dr. Ifeanyi Okowa, met a system of education that was in a steady state of decline, and had apparently been heading in that direction for some years. Our Technical Colleges were literarily non-existent, Teacher quality was on the decline, and the institutions were struggling with infrastructural decay. We considered different ways and means of dealing with the problems, and how best to reposition the education sector, and decided that the best way to deal with it, was to adopt a holistic approach and a

“TWO ISSUES AROSE FROM THE VIDEO OF MISS SUCCESS, AS FOLLOWS: THE STATE OF THE INFRASTRUCTURE OF THE SCHOOL, AND THE ISSUE OF UNAUTHORISED LEVIES”

thorough assessment of the situation. What we discovered, was an educational system in need of urgent attention and repositioning. The urgency and gravity of the situation we met, led us to convene an Education Summit, which was done very early in the life of the administration of Governor Okowa; to be precise in January, 2016. The Summit spanned two days, and reviewed the state of education in Delta State, the challenges, and possible solutions, both in the short and long term. Areas such as infrastructural development, teacher quality and attitudinal issues, curriculum review/enrichment, school sports and security, as well as protection of school facilities amongst others, were identified as areas of urgent attention. It was generally agreed that, the issue of adequate funding be looked into, as this was identified as critical to a successful upgrade of the educational system. I am pleased to say that, within the first tenure of the Okowa administration, over 60% of the action points contained in the communique (as it affects Basic and Secondary Education), have been satisfactorily attended to, and the action points, as well as the action taken and outcomes, are easily verifiable. Some of the areas which have received attention, include Technical and Vocational Education improvement, Teacher Development via the establishment of a Teacher Professional Development Centre (TPDC), massive infrastructural development in our schools across the State, curriculum review and enrichment, and the repositioning of School Sports.

02.04.2019

COVER/9

“IN 2015, WHEN WE CAME INTO OFFICE, THE NUMBER OF STUDENTS IN OUR TECHNICAL COLLEGES WAS 2,424, AND IT STEADILY ROSE TO 2,507 IN 2016; 4,920 IN 2017, AND 4,952 IN 2018. FOLLOWING THE UPGRADE OF THE SIX COLLEGES, TO DATE, WE NOW HAVE 6,395 STUDENTS IN THE SIX COLLEGES, WHICH IS OVER A 100% INCREASE, FROM WHAT WE HAD IN 2015” We firmly believe that, government is a continuum. Therefore, successive administrations build on the achievements of their predecessors, and continue the development and relevant plans as may be in line with the needs of the State, and the strategic direction of the incumbent administration. Our task is to improve on the situation we met; this we have been doing, as recognised by Deltans, other inhabitants of the State, and all stakeholders. The Success Adegor story, while it had a happy ending, portrayed the State in a bad light, as the suspended Headmistress claimed that the school did not have basic funds to print examination question papers, which necessitated her levying pupils to meet such costs. What is your take on this? The issue of unauthorised levies imposed on students and pupils, is one of the major recurring issues not just in Delta State, but in many other States. My visit to the school and my interaction with the Headmistress, were very clear and unambiguous. Two issues arose from the video of Miss Success, as follows: the state of the infrastructure of the school, and the issue of unauthorised levies. Whilst the funds accruing to school heads may not be sufficient, it does not give them the right to impose unauthorised levies on their students, especially as majority of them are either indigent or from less privilege backgrounds, where their parents/ guardians struggle to make ends meet. Our policy in Delta State is very clear, and states that, you cannot impose levies outside of the authorised and/ or prescribed levies as published from time to time by the Ministry of Basic & Secondary Education, and its authorised agencies. We provide examination grants to School Heads, for the termly and promotion examinations. It is not in dispute that, she flouted the rules. However, as a firm believer in the right to fair hearing, a panel has been set up, and the Head Teacher of the School will be given the opportunity to clear her name. In the meantime, she stands suspended as Head Teacher, pending the outcome of the Panel’s investigation. The Panel has two weeks, to turn in their report. The issue of insufficiency of funds is one, I daresay, most institutions of government at almost every level, may face, but that does not entitle us to bear down on the same citizens we are there to serve, by imposing unapproved levies and fees. The fact that a wrong has been carried out for a long time, does not make it right or justifiable. This Government has spoken out several times, about illegal levies. I think we must be careful, in order not to confuse the issues. On the other issue which has to do with the state of the infrastructure of Okotie Eboh Primary Schools, you may recall that I clearly stated that, the School exists in two locations, which are within close proximity of each other. In fact, they are within one minute’s walk of each other, hence, the appellation Okotie Eboh Primary School I and II. It is on record that, we had in fact, taken cognisance of the deteriorating facilities in the School just like other schools that have been in existence for decades, and we had decided that we will have to renovate the Schools in phases, beginning with School II in 2018 and School I in 2019. The idea was, to systematically relocate pupils of School I to School II,

7-year-old Success Adegor

after the completion of work in the latter. Consequently, on the 29th of November, 2018, a contract was awarded for the renovation of Okotie Eboh Primary School II, and work had commenced even before the video went viral. No government can overhaul all the infrastructural challenges of the education sector, in one swoop. Apart from funding challenges, disruption in the normal school year and the education of our children, has to be kept to a minimum; whilst also trying to ensure that our children are not further exposed to hazardous environments, including dilapidated buildings and construction sites. Quite a number of primary and secondary schools in Sapele, have been upgraded within the life of this administration. Late last year, it was the turn of Okotie Eboh Primary Schools I & II, to be renovated. School II had more spaces to accommodate pupils, while renovation work continued. In the case of School I, pupils would have to be moved out for renovation to take place. Perhaps, the up side to the video is that, we will now have to expedite action in the process of getting the two schools renovated. What is the policy thrust of the Okowa administration on basic and secondary education in Delta State? First and foremost, is the improvement and repositioning of our Technical and Vocational institutions, which is going on as scheduled. Our six Technical Colleges have been firmly repositioned, to provide the opportunity for our school age children and youth population, to acquire skills in various trades and crafts. We want a situation where we create young entrepreneurs, who from the onset, can establish their own small scale businesses and become self sufficient, as against being job seekers. This will go a long way, towards reducing the unemployment rate in Delta State. In 2015, when we came into office, the number of students in our Technical Colleges was 2,424, and it steadily rose to 2,507 in 2016; 4,920 in 2017, and 4,952 in 2018. Following the upgrade of the six Colleges, to date, we now have 6,395 students in the six Colleges, which is over a 100% increase, from what we had in 2015. The obvious reason for phenomenal increase in enrolment, is the focused intervention in the sub-sector by the Okowa Administration, particularly in the upgrade of infrastructure and equipment. During the second tenure, plans are underway to establish a Technical College in each Local Government Area, with the addition of 19 more Technical Colleges, as we feel that the future is in empowering our youths and teenage children with the requisite skills, via technical education.

Another area, is the development of our students in the sports sector. As you all know, Delta State is the foremost sporting State in the country, and we have identified the need to place very special emphasis on developing and re-positioning School Sports, so we can discover talents at a very early stage, and nurture them. Basic sporting elements, such as Inter House Sports Competitions, have now been reintroduced and made mandatory for all public schools, and anyone seeking to establish a school (be it private or public) must now possess some form of sporting infrastructure, to ensure compliance with this policy thrust. In partnership with Zenith Bank Plc, we have been able to revive the much loved Secondary Schools Principals Cup football competition, which is now in its third year. Last year, we established something similar at the Primary School level, known as the Headmasters Cup, fully funded by the State Government. This academic session, we introduced the Delta State School Sports Festival. The grand finale of the School Sports Festival, is tentatively scheduled to hold within the 3rd and 4th weeks of April. As we progress, we plan to hold summer camps, where those who excel in the competitions above, will be brought together to further develop, and be groomed for future endeavours in various sporting disciplines. It is a known fact that, over time, Teacher quality has declined in Nigeria. To date, we have just over 11,620 Teachers in the Post Primary Education Board and the Technical and Vocational Education Board, teaching in our Secondary and Technical Colleges. For Primary Schools, we have 12,374 Teachers who are staff of the Local Government Councils, but under supervision of the State Universal Basic Education Board (SUBEB). In order to improve Teacher quality without terminating their careers, we came up with a unique model of establishing a Teacher Professional Development Centre (TPDC), to serve as a one-stop shop for teacher development and training. A lot of work has gone into developing the framework and infrastructural development of the TPDC, and when fully established, this model will be the first of its kind in Nigeria. A team was set up to conceptualise it, and in doing so, visits were made to the National Teachers Institute (NTI), Kaduna, Teachers Registration Council of Nigeria (TRCN), Abuja, Centre for Management Development (CMD), Lagos, and the National Institute for Educational Planning and Administration (NIEPA), Ondo, to understudy their models and come up with the necessary framework. We are now at the stage of developing the legal framework, to give it the legal backing, to ensure sustainability and proper implementation. Simultaneously, the infrastructural development of the Centre has commenced, and the first phase is almost at 70% completion. The provision of a conducive environment for learning, is also one of our focus areas. However, to achieve this in all our 1,125 and 465 Primary and Secondary Schools respectively, is not an easy task, bearing in mind that over 50% of them are either in riverine communities or rural/difficult to reach terrains, and the infrastructure is, in most cases, in need of significant renovation. A total of 1,436 projects in the area of infrastructural development and furniture supply have been awarded, either through the Ministry, SUBEB or TVEB since inception of this administration. We have a 100% intervention rate in our Technical Colleges, through the TVEB. In the Primary Schools between the Ministry and SUBEB, we have intervened in 473 Schools across the State, which amounts to a 42% intervention rate based on the 1,125 public Primary Schools in existence. The interventions here vary from whole school concept renovations, to renovation and construction of classroom blocks, provision of a water system (solar or generator powered), toilet facilities and furniture supply. To achieve this, the State Government made the payment of its share of counter funds to the Universal Basic Education Commission (UBEC) a priority, bearing in mind that when we came into office in 2015, the last time Delta State accessed the UBE funds was in 2011/2012. It meant that, we had to make funds available to come up to date with our counterpart funds, and to date, we have paid a total of N6,662,054,407.20 to UBEC. It is on record that, we are one of the few States who are up to date (2018) with our UBEC funding. On the Secondary School front, we have intervened in various forms of infrastructural development in 264 out of 465 Secondary Schools, which is 55% intervention rate. Model Schools such as Chude Girls Secondary School, Sapele; Urhobo College, Effurun; Government College, Ughelli; Model Secondary School Patani, Unity School, Agbarho and Model Secondary School, Onicha-Olona, have all been intervened in. In the same vein, legacy projects such as Owa Model College, Owa; Alema College Abigborodo; Ogbemudein College, Agbor; Burutu Grammar School and Otu-Jeremi Secondary School; Out- Jeremi, have all been completed by the Okowa Administration, which are unique “U” shaped buildings on two floors with 24 Classrooms, 4 Science Laboratories, ICT Room (with Computers), Library/ Reading Room; Sick Bay; Offices; Solar Panels and a 100KVA generator set inherited from the previous administration, have all been completed. Two others; Emore College, Oleh and Government Secondary School, Ughelli which were at approximately 50% completion when we came into office, are now at over 90% completion, and should be ready to use before the next academic year. Ogini Grammar School, Oghara and Ashaka Mixed Secondary School, Ashaka have also progressed to appreciable levels, with a completion period set for 2020. While work on Ziks Grammar School, Sapele and Army Day Secondary School, Effurun which had been abandoned since 2013 should re-commence soon,

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10/COVER

02.04.2019

SUCCESS ADEGOR’S VIDEO: BRINGING FORWARD ISSUES OF EDUCATIONAL INFRASTRUCTURE AND LEVIES subject to the approval of the State Executive Council. The level of spoken English of the Headmistress of Success’ school, was rather unimpressive. Did Ministry of Education, make Teachers in your State undergo any tests to ascertain whether they have the necessary qualifications for the job, like Governor El-Rufai did in Kaduna State? Like I highlighted earlier, we are taking a unique approach towards improvement of teacher quality, with the Teacher Professional Development Centre. Once fully established, and with the linkages and partnerships we intend to create, teachers will be subjected to more rigorous tailor made training programmes. Though not yet completed, the training programmes under the TPDC have already commenced with TPDC 001 – Mindset change for School Heads and Supervising Ministry personnel. We need our teachers and school heads to have a fundamental change in their approach to things and the way they go about their duties, hence, the commencement of this unique training programme which ran towards the end of last year. Following that, early this year, working with Exams Ethics International, we ran programmes on Examination Malpractice, as we have a zero tolerance for examination malpractice, here in Delta State. The Centre will also ensure that all Teachers are registered, and in compliance with the dictates of the Teachers Registration Council of Nigeria amongst others. Another area we pay particular attention to, is in the area of teacher welfare, to keep morale high. In Nigeria today, the issue of regular and prompt payment of salaries, has become a major issue in some States. We hear about States, where salaries have not been paid in months, etc. But, this is not the case in Delta State, where we have always made the payment of salaries a priority, as it is the entitlement of the employee. Even when we came into office and inherited a massive wage bill of almost N8.5 billion per month, we always made it a priority, to ensure that salaries were paid, as and when due. Teachers’ promotions are also up to date, and their arrears have been attended to. For the record, a total of 10,313 primary and secondary school teachers were promoted in 2015; 11,450 in 2016; 5,770 in 2017 and 6,861 in 2018. In other words, in the life of this administration, 34,394 teachers have earned promotions between 2015 and 2018, here in Delta State. We have also received approval to introduce an Annual Teachers Award for deserving Teachers and School Heads, as one of the ways of recognising and rewarding those that excel in their duties, as a further morale booster to our teaching staff. The award would be for twelve Teachers, in various categories. Going forward, certain standards and best practices have been employed in the first phase of the on-going teacher recruitment exercise of 1,000 qualified Teachers, mainly in Science related subjects. The essence of this, is to reduce human interference to the barest minimum. We introduced online application, and will subject those shortlisted to a Computer Based Test (CBT), after which successful applicants will then be invited for an oral and teaching practicum test. At the end of the exercise, it is hoped that with this method, only the best and those deserving of employment, will be admitted into the teaching service of Delta State, so that we can go back to the glory days of having good quality teachers in our schools, and most importantly, ensure that our children are able to compete effectively in the global marketplace. Does the law permit teachers to mete out physical punishment to pupils and students in public schools or any school in Nigeria? Little Success Adegor said in the video that went viral, that she did not mind if she was flogged for not paying her school fees, as long as she was allowed to stay in school. Last year, another video of a teacher in Nasarawa State flogging students who came late to school, went viral, while N25 million damages was recently awarded by a court, against a Headmistress of a school in Lagos, who blinded a student in one eye, while caning him for non-payment of school fees. The law does not permit corporal punishment, in our public schools. However, it is a known fact that, in a lot of public schools, teachers engage this form of punishment to keep children in check, especially because of the high population in the schools. When the need arises, I have had cause to caution some school heads and teachers on this issue, and advised them to employ a different approach when disciplining children, rather than corporal punishment which is against the ,law and now considered an excessive means of punishment which can harm the children, both physically and psychologically. In the case of Miss Success, it was Miss Success herself who said she would have preferred that. However, it was not even offered by the school, as she herself said. I believe it is, however, important to state that, discipline is an essential part of the formation process for any child, and while corporal punishment is not permitted in our public schools, schools have to ensure that discipline is maintained through consistent reinforcement of rules and appropriate sanction for breaches. I attended Air Force Military School, Jos, where discipline was the bedrock of the school, and it helped in moulding me into the person I have become today. Changes in the law and progress in understanding about child development, education and psychology, also have shown that, there are several other ways in which discipline can be introduced to our children. Our teachers must develop acceptable methods, which consistently and effectively instill discipline in our children in public schools,

“TO STEM THE TIDE OF CULTISM, DRUG ABUSE AND TEENAGE SEX, WE ARE WORKING WITH VARIOUS AGENCIES AND GROUPS, AND IN PARTICULAR, THE O5 INITIATIVE FOUNDATION ESTABLISHED BY THE FIRST LADY, DAME EDITH OKOWA AND THE DIRECTORATE OF ORIENTATION, AND HAVE EMBARKED ON ADVOCACY VISITS TO OUR SCHOOLS AND COMMUNITIES” some with a population of almost 2,000 students of diverse backgrounds, capacities, intellectual abilities and upbringings. Delta State was recently portrayed in a negative light, when some teenage secondary school students came out to narrate their horriﬁc experiences in cult groups in their school and the State. Statistics of civil society groups and the Police, have shown that female cultism has become a pandemic in the State, and it’s becoming intractable. What are your plans to curtail this horrible practice of cultism in this younger generation in Delta State, and ensure that its negative effect on education, is mitigated? I remember, when we were in school, cultism was limited to just Universities at the time. Gradually it has crept from the Universities into Secondary Schools, with the likelihood of even getting into Primary Schools! Obviously this is very alarming! Whatever the case may be, I, for one, have never subscribed to cults or cultism. We stayed away from it in our University days, and the administration of Governor Okowa neither encourages nor tolerates it. I have had cause, on a number of occasions, to go out and investigate issues of cultism, as well as mentor and talk to our school age children, about societal ills such as cultism and drug abuse, which is also prevalent amongst teenagers in Nigeria today, and not just Delta State. To stem the tide of cultism, drug abuse and teenage sex, we are working with various agencies and groups, and in particular, the O5 Initiative Foundation established by the First Lady, Dame Edith Okowa and the Directorate of Orientation, and have embarked on advocacy visits to our Schools and Communities. Truth be told, the only way to deal with these known societal ills, is to keep hammering the message on the dangers, and to carry out more advocacy and mentorship programmes at all levels of society and government. This is an issue that cannot, and must not, be left to government alone or to the non-governmental organisations (NGOs) or civil society groups alone. We must all partner with each other, and ensure that these sort of societal ills are rooted out. Gang raping female initiates into cultism, seems to be a common occurrence in secondary schools in Delta State. Do your schools conduct any kind of programs to teach students about sex education, HIV and the dangers of unprotected sex, and not to be violent, especially against females? I am not sure I agree with you, about the blanket expression

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‘common occurrence ... in Delta State.’ However, the fact of even one occurrence is troubling. While we are aware of the rise or the upsurge in cultism and the existence of female cult groups, my office has never received any formal report and/or complaint of gang rapes, vis a vis initiation into female cult groups. A series of advocacy and mentorship programmes have been run during our tenure with the O5 Initiative Team, the Directorate of Orientation and Girls Power Initiative (GPI) Child. We welcome more Associations, Groups and well-meaning individuals, to partner with us in such advocacy and enlightenment programmes of our School Age Children, and in particular, the girl child. Indigenes of Delta, friends of Delta, and other stakeholders are welcome to join hands in taking these messages to our schools and our children and families. We have a lot of role models who the students look up to, and will be happy to have them in their midst for even a few minutes or hours, to mentor them. I have no doubt that, an encounter with such inspiring role models, will leave a lasting positive impression on the students and help to keep them on the straight and narrow, thereby keeping them out of trouble and some of the negative behaviours we have already highlighted. Considering the fact that, you had been in the private sector your entire working career, how has your transition from private to public life been? What legacies are you leaving behind so far, as Commissioner for Basic & Secondary Education? I practiced law for 18 years, before transiting to the oil industry for another 5 years, before Governor Okowa found me worthy of inclusion in his cabinet. Since life is an evolving process and not static, we must be amenable to, and ready for change. The discipline and work ethics I imbibed during my time in some of the best law firms in Nigeria where I worked, and people I came in contact with, also prepared me for the public sector duty and service to the people of Delta State. I must say that, on the whole, the culture and work ethics of the private and public sector in Nigeria are miles apart, though there are some welcome exceptions. Nonetheless, I had prepared myself mentally for the transition, and spent the first few weeks learning the internal workings of the Ministry and public service generally. As a fast and determined learner, it did not take long to get attuned, and so within a few weeks, I hit the ground running, and went about the discharge of my duties with the highest level of professionalism expected of me, as I had to repay the trust and confidence reposed in me by my boss and Governor. Working with the blueprint from the Education Summit our legacies and achievements include the following: r 1SPWJEJOH PVS ZPVUIT BOE UFFOBHF DIJMESFO XJUI BO alternative in the area of skills acquisition, with the repositioning of the Technical and Vocational Education. r &OIBODFE XFMGBSF GPS 5FBDIFST BOE )VNBO $BQJUBM Development, with particular emphasis on teacher upgrade through the establishment of the Teacher Professional Development Centre (TPDC). r *NQSPWFNFOU BOE 6QHSBEF PG JOGSBTUSVDUVSF JO PVS schools, particularly the Model Schools. r *ODSFBTJOH BDDFTT UP FEVDBUJPO GPS 4DIPPM "HF $IJMESFO with the establishment of 46 public Schools across the State, particularly in the riverine and difficult to reach terrains. Ultimately, this should help in the reduction of Out of School Children. r 3FWBNQJOH PG 4DIPPM 4QPSUT XJUI QBSUJDVMBS FNQIBTJT on the discovery of grassroot talent at an early age. r *NQSPWFE TZOFSHZ BOE QBSUOFSTIJQT XJUI UIF QSJWBUF sector and organisations, in the support and development of education in various areas, such as Infrastructural Development, Sports and Reward of deserving students, via way of an annual award ceremony. We provide the enabling environment and support for these organisations and individuals, to partner with us.

02.04.2019

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Aviation Cabotage Policy to Resolve Nigeria’s Imbalanced Bilateral Air Service Agreements This article by Dr. Oluwole Akinyeye, discusses some of the reasons why the 80 or more Bilateral Air Service Agreements which Nigeria is signatory to, have largely failed to be of beneﬁt to the country; like the absence of a national carrier, and the incapacity of local private airlines. He then suggests measures that must be taken, to correct the imbalance that has arisen from these agreements

Imbalance of Nigeria’s Bilateral Air Service Agreements ilateral Air Service Agreements, are international trade agreements that permit the airlines of two countries, to conduct air transport services between their respective territories. Currently, Nigeria has signed over 80 bilateral air service agreements with various countries, which have largely failed to benefit the country. This position, is largely against the principle that multiple benefits are to be derived from such international commercial arrangements, as confirmed in Part 8 of the Nigerian Civil Aviation Policy, 2013, which provides that air service agreements, will be premised upon economic considerations and expectations. In This Day newspaper’s publication on November 19, 2018, it was reported that, statistics from the International Air Transport Association, revealed that international airlines sold tickets worth $1.4billion to Nigerian travellers in 2017, while tickets worth $800 million were sold in the first six months of 2018. Unfortunately, while foreign air carriers continue to make monumental gains from operating flights to and from Nigeria under the bilateral air service agreements, Nigeria’s domestic air carriers continue to remain shortchanged under the agreements, as their inability to reciprocate these flights has been reported to cost the country over $3billion annually. Suffice to say that, the present bilateral air service agreements signed by Nigeria with other countries reflect an imbalance in these agreements. This position is totally unacceptable, considering the fact that, aviation occupies a strategic role, as an integral means of generating revenue in any economy. Notably, aviation stakeholders have identified that, the unfair imbalance created under Nigeria’s bilateral air service agreements, can largely be attributed to an absence of government policy protecting the Nigerian airlines. Given this position, it becomes crucial, to create a government policy to resolve the imbalance. It is these circumstances, that warrant the consideration of Nigeria’s imbalanced bilateral air service agreements, and the ramifications of enacting the proposed ‘Fly Nigeria Act’, which aviation stakeholders have clamoured for, as a viable solution to resolving the imbalance. Problems creating Nigeria’s Imbalanced Bilateral Air Service Agreements The imbalance of Nigeria’s bilateral air service agreements, is the result of certain problems that are primarily responsible for the inability of Nigeria to reciprocate its agreements with other countries, and to maximise the opportunities flowing from such agreements. The problems are identified below. - Demise of National Carrier Previously, the Nigeria Airways was the national carrier that executed Nigeria’s part of its bilateral air service agreements, however, its regrettable demise meant that inevitable difficulties would be presented to Nigeria’s efforts, to continue to fulfil its own end of the agreements. It is also recalled that, the defunct Nigeria Airways was replaced by Air Nigeria (originally Virgin Nigeria), however, it is quite unfortunate that the latter suffered the same fate of the former. The inevitable result is that, there is no existing national carrier, which would position Nigeria to reciprocate its bilateral air service agreements with other countries. This constitutes an unacceptable

situation, considering that a country’s national air carrier boosts that country’s image and tourism. Arguably, the current inexistence of a national carrier, is clearly an indictment on the past and current governments, for their failure to sustain the continued existence and operation of the defunct national carriers. - Incapacity of Local Private Airlines In the wake of the demise of the national carriers, privately owned airlines have tried to successfully operate the international routes, however, they have been incapacitated through formidable difficulties, in the nature of financial constraints. Regarding these financial challenges, one need not look any further than Arik Air’s operation of the Abuja-London route, that appeared to have encountered the problematic issue of securing landing slots in UK airports, which was due to the significant costs in getting the slots. In a chat by a Former Director in Medview Airline, Mr. Lookman Animashaun, with This Day newspaper, published on July 13, 2018, he stated that the costs of securing landing slots were too high and prohibitive, which would affect the capacity of any local private airline, in operating the international routes. In other words, the same problem experienced by Arik Air, would be encountered by any other private airline that sought to operate the international routes. He further noted that, while the government had initially made efforts to intervene in respect of the difficulties experienced by Arik Air with the UK airport authorities, this intervention was, however, not sustained. It was his opinion that, the difficulties experienced by Arik Air would not have been so, if it had the status of a national carrier, as the government would definitely retaliate against any hostile measures or actions of the UK airport authorities. However, it must be stated that, while it is true that the government would certainly protect the interest of its national carrier, it is also true that, the government owes the same obligation to any domestic private airline that operates the international routes. This is in light of the position that under most of Nigeria’s bilateral air service agreements with other countries, there are provisions granting the parties the right to designate the air carrier(s) that will be authorised to operate the agreed routes. Against this backdrop, if in the absence of a national carrier, a domestic private airline has been authorised as the air carrier to operate an agreed route, the government owes that designated carrier a duty, to advance and protect its interests. As a result, the failure of the government to adequately protect the interest of private air carriers operating international routes, reflects a lack of political will to do so. Aviation Cabotage Policy as Resolution of Nigeria’s Imbalanced Bilateral Air Service Agreements The concept of cabotage originated from

Minister of State Aviation, Hadi Sirika

the shipping sector, and refers to the carriage of goods or passengers from one place to another place within the same country, by a transport service provider from a foreign country. The practice of the concept can, however, be considered inimical to any country where it is permitted, as the economic growth and development of that country’s maritime sector could be inhibited. As a result, it is not surprising that an appreciable number of countries have enacted cabotage laws, restricting the participation of foreigners in local shipping. For instance, Nigeria has its cabotage restriction law in the form of the Coastal and Inland Shipping (Cabotage) Act, 2003. While cabotage was originally associated with the shipping sector, its application has been extended to the aviation sector. As a result, Article 7 of the Chicago Convention 1944 permits a State to refuse foreign airlines the right to operate domestic flights, in its territory. It is noteworthy that, Nigeria has categorically forbidden cabotage in its bilateral air service agreements. However, it appears that simply prohibiting cabotage is inadequate in dealing with the imbalance arising from Nigeria’s bilateral air service agreements, which is created by the challenges posed to the implementation of the agreements, as earlier considered. Given this position, it is quite clear that, cabotage restriction must be taken a notch further. In this regard, it is submitted that, there is a growing necessity to enact legislation based upon a policy that will ensure that every government spending on travels, originates and terminates with an indigenous national air carrier. This policy can be modelled upon the United States of America legislation, Fly

“....IT WAS REPORTED THAT, STATISTICS FROM THE INTERNATIONAL AIR TRANSPORT ASSOCIATION, REVEALED THAT INTERNATIONAL AIRLINES SOLD TICKETS WORTH $1.4BILLION TO NIGERIAN TRAVELLERS IN 2017, WHILE TICKETS WORTH $800 MILLION WERE SOLD IN THE FIRST SIX MONTHS OF 2018”

America Act, which primarily requires federal employees, consultants, contractors, and grantees, to use U.S. air carrier services for all air travel and cargo transportation services, funded by the U.S. government. In this regard, Nigeria’s proposed model of the American legislation, may be regarded to as the ‘Fly Nigeria Act, if and when enacted into law. Over the years, there has been clamour from various aviation stakeholders, for the enactment of the ‘Fly Nigeria Act’, which would appreciably curb capital flight and compel foreign air carriers to partner with domestic air carriers, by way of code-sharing. Recently, a chat between correspondents from This Day newspaper and various aviation stakeholders, which was published on November 19, 2018, revealed that, the Fly Nigeria Act is a legislation widely clamoured for by the stakeholders. Presently, Olisa Agbakoba Legal, the sponsors of the Fly Nigeria Bill is engaged in positive talks with the Aviation Department of the Ministry of Transport, directed at promoting the Bill. The Bill is currently before the House of Representatives, although it appears that the legislature’s attention in respect of the Bill, has been directed elsewhere. It can only be hoped that, the Bill will be enacted sooner than later, as Nigeria continues to grapple with the economic effects of the imbalance of its bilateral air service agreements. Conclusion It is clear that, there is a need for Nigeria to revisit its bilateral air service agreements, in light of the glaring imbalance arising from the agreements. It must, however, be stated that, while the Fly Nigeria Act will be a welcome legislation for dealing with this imbalance, it is very crucial to note that, the proposed legislation cannot of its own simply cure the maladies of Nigeria’s bilateral air service agreements. For the proposed legislation to work, it is crucial that, Nigeria’s domestic air carriers must be ready to fulfil the requirements, that will enable them to operate the agreed international routes in Nigeria’s bilateral air service agreements. If the domestic air carriers fail to do this, the proposed legislation will inevitably be bedevilled with difficulties, as this would mean that there are no domestic air carriers, to promote the success of the proposed legislation. Dr. Oluwole Akinyeye, Head, Maritime Unit, Olisa Agbakoba Legal, Lagos

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02.04.2019

TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN

SMS only to 08098898888

Can Presiding Ofﬁcers be Externally Imposed on NASS by the Ruling Party? (Part 1)

T Introduction

he last few days have thrown up cacophonous raucous, as to how the leadership of the NASS will emerge. I was indeed, shocked to see the leadership of APC, boast openly that only APC (to the exclusion of other parties, especially the PDP), will produce all leaders of the 9th National Assembly (NASS). The APC leadership gloats and grandstands with éclat and unusual brinkmanship, that PDP will not produce the Senate President, or Speaker of the House of Representatives. They boast that, PDP will not produce the Deputy Speaker of the House of Representatives, Leader, or Chief Whip of the bi-cameral NASS. They even, in a most impolitic, tactless and brash manner, engage in extreme boasting, gasconade, braggadocio and cock-a-doodle-doo. They swagger, brag and swank, that no Senator or House of Representatives member from the PDP opposition (except the APC), will have Chairmanship of any of the plum, first rate Committees of either House, except the Public Accounts Committee, which is usually conventionally reserved for the opposition. I am amazed, at the level of puerility and political naivety. I am sure the aspirants to the Senate Presidency, like Ahmed Lawan, Ali Ndume, and Danjuma Goje, will be experiencing their stomachs churning with discomfort, at such a suicidal mission. Do the APC spin doctors, remember history at all? Or, are they like the Bourbons of European history, who learnt nothing and forgot nothing, to the extent that even after the Treaty of Versailles of 1919, the second world war still broke out between 1940 and 1945, killing millions of people; including the destruction of the twin Japanese cities of Hiroshima and Nagasaki, by the atomic bomb. Have these APC political magicians, read Sections 50 and 92 of the 1999 Constitution of Nigeria, and realise that politics is not a game of exclusion, but one of inclusion, horse trading, diplomatic engineering, and political alignment and re-alignment? For the avoidance of doubt, the said sections provide as follows: 1. There shall be:(a) a President and a Deputy President of the Senate, who shall be elected by the members of that House from among themselves; and (b) a Speaker and a Deputy Speaker of the House of Representatives, who shall be elected by the members of that House from among themselves. 2. The President or Deputy President of the Senate or the Speaker or Deputy Speaker of the House of Representatives shall vacate his office(a) if he ceases to be a member of the Senate or of the House of Representatives, as the case may be, otherwise than by reason of a dissolution of the Senate or of the House of Representatives. (b) when the House of which he was a member first sits after any dissolution of that House; or (c) if he is removed from office by a resolution of the Senate or of the House of Representatives, as the case may be, by the votes of not less than two-third majority of the members of that House. (92) Speaker of House of Assembly 1. There shall be a Speaker and a Deputy Speaker

“IF APC ARROGANTLY INSISTS ON AHMED LAWAN, AND TELL ALI NDUME AND DANJUMA GOJE TO GO TO HELL, ALL THAT ANY OF THESE EQUALLY POWERFUL POLITICIANS NEED DO, IS TO REIN IN THEIR NUMEROUS FOLLOWERS AND ADD THEM TO THE BLOCK VOTE OF AGGRIEVED PDP SENATORS, AND BAM, THAT PERSON BECOMES SENATE PRESIDENT”

APC Chairman, Adams Oshiomhole

of the House of Assembly, who shall be elected by the members of that House from among themselves. 2. The Speaker or Deputy Speaker of the House of Assembly, shall vacate his office(a) if he ceases to be a member of House of Assembly, otherwise than by reason of a dissolution House. (b) when the House first sits after any dissolution of that House; or (c) if he is removed from office by a resolution of the Senate or of the House of Assembly, as the case may be, by the votes of not less than two-third majority of the members of the House. My 2015 Intervention on a Similar Scenario On the 7th of May, 2015, I had written extensively on the crisis then rocking the APC and the Senate, concerning the party’s disagreement with the emergence of Dr Bukola Saraki, as the Senate President. In the article titled “The Political Rumble in the Legislative Jungle of the 8th National Assembly”, which was serialised in the Sunday telegraph, I had x-rayed the thorny issues. The APC does not appear to have learnt from history, in its recent threats of fire and brimstone, as to how it plans to externally impose the leadership of the 9th National Assembly (the party never recovered from the 2015 internal schism). Let me now reproduce excerpts of the 2015 write up: “The clear provisions of Section 54 (1) of the 1999 Constitution provides, most laconically, that, “the quorum of the Senate or the House of Representatives shall be one-third of all members of the Legislative House concerned”. One-third, it says. “Using the Senate as a case study here, there are 109 Senators......... One-third of 109 is 36.3333 Senators. To avoid dismembering a human being with a view to achieving 36.3333, and to avoid a repetition of the infamous 1979 Shagari- Awolowo 122/3electoral brouhaha (well done, Chief Richard Akinjide, SAN, the ingenious architect of this mathematical novelty), let us approximate one-third to be 37 Senators. The Senators that unanimously elected Saraki unopposed, were 57. They later swelled to 87, before the election of the Deputy Senate President”. “It therefore, becomes crystal clear, even to the most trenchant and traducers of Saraki, that being elected unopposed by a Senate that had 57 Senators in the chambers, was actually 20 Senators beyond the Constitutional requirement of 37 Senators to form a quorum”. “I have read Section 50 and other Sections of the 1999 Constitution, over and over again, but I have not stumbled upon any provision that stipulates how many members of a particular party (whether ruling, or opposition), must be present before a quorum is deemed formed; or that party chieftains must ﬁrst support aspirants, before they emerge leaders of both Houses; or that Legislators should ﬁrst wait for Party directives, before carrying out the provisions

of Section 50 of the 1999 Constitution, which give them powers (and the inalienable right), to elect their leaders”. “For the avoidance of doubt, proclamation of the National Assembly, is a constitutional matter covered by the 1999 Constitution of Nigeria. It is therefore, unthinkable for the same President who had earlier proclaimed the 8th National Assembly into existence, to partisanly go for a mere party meeting, which is not a national assignment. By the provision of Section 64: “(1) The Senate and the House of Representatives shall each stand dissolved at the expiration of a period of four years commencing from the date of the first sitting of the House. (2) If the Federation is at war in which the territory of Nigeria is physically involved and the President considers that it is not practicable to hold elections, the National Assembly may by resolution extend the period of four years mentioned in subsection (1) of this section from time to time but not beyond a period of six months at any one time. (3) Subject to the provisions of this Constitution, the person elected as the President shall have power to issue a proclamation for the holding of the first session of the National Assembly immediately after his being sworn in, or for its dissolution as provided in this section.” “Going by the foregoing provisions of the Constitution, there is no way the President could justifiably, legally and morally elevate partisan or party issues, over and above national assignment he had directly carried out under Section 64 of the Constitution.” “APC members were indeed, very lucky that PDP, which had 49 Senators present and voting, did not pull a fast one on them, by putting forward one of them for election as Senate President. They would have got the plum number three position, in Nigeria. Former Senate President, David Mark, had insisted he did not covet the position. If he did, he would have won hands down. The attendant uproar would have been more thunderous, having an opposition minority Senate President, with a majority ruling party Deputy! Nigeria missed an interesting piece of history.” “The above scenario would not have been unprecedented though, considering the fact that John Boehner, a Republican, representing Ohio’s 8th Congressional District, is today the Speaker of the US Congress, in a country where Barack Obama of the Democratic Party, is President. The Democrats control the Executive, while the Republicans control the Legislature. The beauty and colour of democracy.” APC’S Re-Enactment of Past Errors You see, I write for history and posterity, from a non-partisan perspective. What I warned against in 2015, is about to repeat itself. If the APC is not careful, its aggrieved members will team up with the elected Senators of the main opposition party, PDP, and elect a PDP Senator as Senate President, or at worst, Deputy Senate President. If APC arrogantly insists on Ahmed Lawan, and tell Ali Ndume and Danjuma Goje to go to hell, all that any of these equally powerful politicians need do, is to rein in their numerous followers and add them to the block vote of aggrieved PDP Senators, and bam, that person becomes Senate President. Don’t forget that, as at today, the APC has 62 elected Senators, only 22 more than PDP, which has 40 Senators. YYP has one Senator. This is excluding the yet undeclared Rivers State results, in which PDP will likely comfortably take the three available Senate seats. In the House, APC has 214 Members, 100 more than PDP, which has 114 members, minus Rivers State. How can any sane party ignore such a formidable opposition, that is in the strongest position to decide, even dictate, any matter that comes up on the floor, either of the red chamber, or of the Senate or the green chamber House of Representatives? (To be concluded next week). THOUGHT FOR THE WEEK “There is one rule for politicians all over the world: Don't say in Power what you say in opposition; if you do, you only have to carry out what the other fellows have found impossible.” (John Galsworthy).

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INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Is DNA Proﬁling in a Legal Black-Hole?

S Introduction

ince the Lagos State Government established a DNA and Forensic Centre in 2017, other States (notably, Ekiti) are reportedly either understudying the Scheme, or have already done so - though I’m not quite sure about the latter. This is a positive development, of course, as the benefits of the technology, particularly in apprehending criminals, are all-too-obvious. What is not so clear, is the legal framework underpinning DNA technology in Nigeria. At the risk of sounding presumptuous, I believe that there is something of a legal lacuna in this regard, which those States, which have mooted the idea, seem to have lost sight of. This intervention intends to spark a conversation around the subject, by posing the question, whether any law in Nigeria regulates the establishment of DNA Centres like those of Lagos and Ekiti (in view). Do State Governments possess the legal capacity to establish DNA and similar forensic laboratories? If no law authorises Lagos et al States to do so, what is the status of any report(s) produced by those facilities, either as evidence or otherwise? Profound questions, indeed. Let us attempt some answers. First of all . . .

Lagos State DNA and Forensic Centre

What is DNA Proﬁling? This is the most fundamental question of all, of course, for the purposes of this discourse. For its answer, I hope I’ll be forgiven if I borrow the words of “The Advocate” (Thisday Lawyer Editor, Mrs. Onikepo Braithwaite) in the penultimate edition of the magazine, where she quotes an unattributed source, as defining DNA as “a complex molecule that contains all the information necessary to build and maintain an organism”. Additional insight is provided by B.R. Sharma at pages 1123 and 1127 of his book, “Forensic Science in Criminal Investigations and Trials”, where he opined that: “DNA is the basic genetic material in all the living cells of the body; its structure determines a person’s character, behaviour, and body features; because DNA varies from person to person, each individual is unique; it can be extracted from a variety of materials, including blood, semen, hair, fingernails, saliva, body tissues, body organs, bone narrow, urine, faecal matter, tooth canal root pulp, post mortem samples, etc”.

“THIS IS A POSITIVE DEVELOPMENT, OF COURSE, AS THE BENEFITS OF THE TECHNOLOGY, PARTICULARLY IN APPREHENDING CRIMINALS, ARE ALL-TOO-OBVIOUS. WHAT IS NOT SO CLEAR, IS THE LEGAL FRAMEWORK UNDERPINNING DNA TECHNOLOGY IN NIGERIA”

DNA Proﬁling, Forensic Science and Forensic Evidence – any Correlation? There is no doubt that, DNA is an aspect of forensic science. The latter is the application of a broad spectrum of sciences, to answer questions of interest to a legal system. It analyses facts and materials scientifically, to produce essential information or evidence to help determine the truth of a matter; it is the scientific method of gathering and examining information about the past, or more precisely, the application of scientific knowledge to legal matters. A related field is forensic evidence. This is defined in Black’s Law Dictionary (9th ed., page 637), as “evidence used in court, arrived at by scientific or technical means such as ballistics and medical evidence; it is evidence generated through the use of science to prove or disprove facts, such as, inter alia, from blood- stains, saliva, bones, teeth, hair, semen, fingerprints, finger-clippings, post mortem samples, etc”.

cation”, the next question is whether DNA analysis is a form of identification. The answer is obviously ‘Yes’, of course, as that is the whole essence of the field. Indeed, the definition of the verb “identify” (in Black’s Law Dictionary, 8th ed., page 761), puts it beyond peradventure: it simply means “to prove the identity of (a person or thing)”. This necessarily leads to the question of the statutory authority for the establishment by a State Government, of any facility for determining the identity of a person for any purposes – be it criminal or civil (paternity) proceedings. While this poser might come across as playing something of the Devil’s Advocate, far from it, however, it is a function of the critical thinking which is (or ought to be) the hallmark of an advocate. After all, virtually everyone, is now familiar with the principle of constitutional supremacy. In the context of this piece, in THE HON. MIN. OF JUSTICE & ATT-GEN. OF THE FED. v ATT-GEN. OF LAGOS STATE (2013) All FWLR pt. 704 pg. 1 @ 41D., the Apex Court held that: “the power of the State Government to legislate on a given matter must be traceable to the body of the Constitution, either in the Exclusive Legislative List or the Concurrent Legislative List or Residual List and any matter outside the ambit of the said constitutional provisions is null and void”. The foregoing shows clearly that, laudable as the DNA and Forensic Centers established by Lagos and other States undoubtedly are, the absence of the requisite constitutional authority to do so, simply means that they are operating in - at the very least - a legal black-hole. It is obvious that, this situation is neither satisfactory nor wholesome, as the absence of the proper legal framework, anchored on the Constitution, is fraught with risks.

What is the Legal Status of DNA Proﬁling and Forensic Evidence in Nigeria? The overarching answer to this all-important question, is provided by the 1999 Constitution. It confers on the National Assembly, vide Section 4(3) and Items 23 and 28 of its Exclusive Legislative List, the exclusive power to regulate “Evidence” and “Fingerprints, identification and criminal records”, respectively. By virtue of Item 68 of that List, this power extends to matters that are “incidental or supplementary to any matter mentioned in (the) List”. In his seminal work, “Federalism in Nigeria under the Presidential Constitution” (2nd edition, at page 43), Professor Ben Nwabueze, SAN, defined an “incidental and supplementary” matter, in the context of the foregoing provision, as “one which is concomitant or attendant upon another, something which is an accompaniment or adjunct of another. The relation between the two, is of one ancilliary to a main matter; both must be closely connected to justify the inference that implying one is an incident the other”. Accordingly, to the extent that the Constitution has specifically provided for the power to regulate “Identifi-

Recommendations The notorious ‘Nigerian factor’ surely suggests that, it is only a matter of time before DNA Profiling becomes an all-comers affair. This postulation is not far-fetched, as, without suitable regulation, DNA results could conceivably be manipulated and compromised, with

the right inducement to those administering them. This view might fly in the face of the conventional (or received) wisdom, that DNA tests are fool-proof. However, at the risk of sounding needlessly alarmist, I beg to differ. In this era of photo-shopped and digitally altered audio and visual images, what is impossible? Lest we forget, even the identity of the President of an entire country, was recently the subject of unremitting scrutiny, with widespread rumours (not altogether unfounded), that a certain ‘Jibrin’ was actually masquerading as the real McCoy. . . But, seriously, what is the ACTUAL guarantee that the results of the DNA test in any given case, are tamper-proof? In my view, none. This is because of the human element involved, as previously alluded to. A chain, it is said, is only as strong as its weakest link. Accordingly, I believe that, beyond the presumed professional integrity of those administering DNA tests, appropriate sanctions ought to be prescribed by legislation for negligent misstatements or outright fraud in the administration and generation DNA tests and their results, respectively. To the best of my knowledge, no such specific sanctions currently exist. Thus, apart from the general provision of the Criminal/Penal Codes, we are left at the mercy of a few geeks, who are supposedly experts in the nascent technology. Accordingly, a Code of Conduct for the field, is clearly an urgent policy imperative. Such regulations should include, provisions for a mandatory confirmatory test in, at least, a separate, independent DNA Centre, which is unaffiliated to the one which conducted the initial test. In addition, minimum standards of professional and practical, hands-on expertise and cognate experience, should be prescribed for all levels professional and technical staff who are involved in such tests. The foregoing cannot be over-emphasised, as experience has shown that, regardless of the seemingly established science that no two human beings have the same fingerprints, identical twins with the same fingerprints do, in fact, exist. Conclusion It is trite law that, illegally-procured evidence is always admissible in a court of law, the overriding consideration being its relevance. While this principle suggests that, for practical purposes, the argument about the constitutional incapacity of State Governments to establish DNA Labs, is inconsequential, the primacy of the rule of law demands that, the National Assembly fulfils its constitutional mandate, by taking urgent steps to enact the appropriate legal framework to regulate the field. At the very least, the National Assembly should delegate that function to a member of the Federal Executive - such as the Minister of Justice or Police Affairs (or the Interior, under the present dispensation) in much the same way that the National Assembly did so in favour of the Minister of Petroleum Resources, pursuant to which the latter made a raft of Regulations in the petroleum sector. Conferring that function on a State functionary, in the circumstances, would be unconstitutional: ATT-GEN. OF OGUN STATE v ATT-GEN OF THE FED. (1982).

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02.04.2019

SERAP Survey: Corruption in Key Public Services Casts Doubt on Reform Efforts in Nigeria Akinwale Akintunde Corruption remains a significant impediment to law enforcement, access to justice and basic public services such as affordable healthcare, education, and electricity supply. According to the Nigeria Anti-Corruption Performance Assessment Survey conducted by the Social Economic Rights and Accountability Project (SERAP), several Nigerians have to pay a bribe to access police, judiciary, power, education and health services. The assessment reaffirms that corruption is still a key concern in the country, with 70% of Nigerians describing the level of corruption as high, and in the same measure, stating that corruption levels either increased or remained the same in the last five years. The national survey carried out in November and December 2018, covered the police, judiciary, power, education and health sectors, to assess the state of corruption in public law enforcement and service provision. According to the survey report, which was formally presented to the public on Tuesday, March 26, 2019 at Sheraton Hotel, Ikeja, Lagos, of the five major public institutions surveyed, the police emerged as the most corrupt, with the power sector identified as, the second most corrupt in the country today. Other public institutions identified as corrupt by 70% of Nigerians surveyed are: the judiciary, education and health ministries. The survey reveals that, the level of corruption has not changed in the last 5 years. The survey revealed that, “a bribe is paid in 54% of interactions with the police. In fact, there is a 63% probability that an average Nigerian would be asked to pay a bribe, each time he or she interacted with the police. That is almost, two out of three”. Speaking at the public presentation of the Survey Report, Akin Oyebode, a foremost Professor of law, who chaired the event, said, “Nigeria is looked upon, as a giant of Africa. Yet Nigeria could not conduct free, fair, and credible elections. It is a smear, on the image of Nigeria. If we do away with selective enforcement and condonation of corruption, we will build and live in a better society. Corruption, is a refined form of stealing. The politicians are stealing our common patrimony. Development of the people, is almost inversely proportional to the level of corruption”. In his goodwill message at the public presentation, Mr. Femi Falana, SAN said, “Unlike many elitist organisations which have a penchant for dismissing the anti-corruption policy of the Federal Government, SERAP has adopted certain measures to hold public officers accountable, in a country where impunity has been institutionalised. Apart from exposing corrupt practices of public officers by writing petitions to the anti-graft agencies, SERAP engages in campaigns and embarks in public interest litigation, with a view to promoting public accountability and transparency in the management of public resources. In particular, SERAP has used the provisions of the Freedom of Information Act to obtain information from Ministries, Departments and Agencies of the Federal Government, on the funds earmarked for the provision of water, electricity, roads hospitals etc for the Nigerian people. In fact, SERAP has secured mandatory orders from the Federal High Court, to compel recalcitrant public officers to render the account of their stewardship. “I wish to commend SERAP, for carrying out a survey on the war against corruption waged by the Federal Government, in the past five years. Through this survey conducted in the six geopolitical zones in the country, SERAP has confirmed that the masses are united in demanding for a new society where public funds will not be criminally diverted by unpatriotic elements, but channeled towards the development of the country”. The Senior Advocate urged the President Buhari administration to study the survey carefully, adding that “It is my belief that the adoption of the recommendations contained in the survey, will enhance the capacity of the anti-graft agencies to fight the menace of corruption, in the interest of the Nigerian people”.

President Muhammadu Buhari

Falana also used the opportunity, to task the trade unions and other progressive forces, to mobilise the Nigerian people to reject the official blackmail of increasing Value Added Tax, for the sole purpose of paying the N30,000 minimum wage. He said if the proposed VAT increase is allowed, majority of companies and other employers of labour, are going to send millions of workers to the unemployment market. “If the Federal Government is genuinely looking for funds for payment of salaries and infrastructural development, it should recover and invest the over $100 billion which has been withheld from the Federation account by the Nigerian National Petroleum Corporation, Central Bank of Nigeria, Oil majors and shipping companies. Since the Federal Government has ignored the reports of the National Extractive Industry Transparency Initiative and other public institutions that have confirmed the withheld funds, I am compelled to call on SERAP and other democratic forces to mount legal and politic pressures, to ensure the recovery of the fund.” The report read in part: “From the analysis of the anti-corruption legal and institutional framework in Nigeria, the following crosscutting issues emerged: there is lack of political goodwill, to consistently enforce the different anti-corruption laws; inadequate funding for the various anti-corruption agencies; weak public support and/or ownership of anti-corruption initiatives; poor clarity of roles between various anti-corruption agencies; and public perceptions of politicisation of corruption arrests and prosecutions. “Bribery experiences were interrogated and recorded in the key sectors of education, health, the police, judiciary and power. Data analysis was conducted, under five different and interrelated variables. There was a 63% probability that an average Nigerian would be asked to pay a bribe, each time he/she interacted with the police. The likelihood of bribery in the power sector, stood at 49%. With the chances of encountering bribery at the judiciary, education and health services, standing at 27%, 25% and 20% respectively. “The police were the most adversely ranked, on this indicator. For every 100 police interactions reported by the respondents, there was a bribe paid in 54 interactions. The prevalence levels stood at 37% in the power sector, 18% in education, 17.7% in the judiciary, and 14% in the health sector.” “51% of the individuals that paid bribes to the police, and 35% to the power sector, believed this was the only way to access the services sought from the institutions. The ranking of the education sector and the judiciary was less adverse, with 16% perceiving bribery as the main avenue of accessing services in the institutions, and health services recording 13%.” “The police and judiciary had the largest proportion of total bribes paid, at 33% and 31% respectively. Bribes paid for education, power and health services, accounted for 19%, 10.9% and 5% respectively of all bribes reported. The average amount of bribe paid by the respondents, was highest among those who paid to the judiciary, at about Naira 108,000 (US$ 298). All the other institutions ranked lower on this variable, with Naira 12,253 and 11,566

Acting Chief Justice of Nigeria, Hon. Justice Ibrahim Tanko Muhammad

Acting Inspector General of Police, Mohammed Adamu

reportedly paid to the police and education sectors, and Naira 6,462 and 5,143 paid for health and power services respectively.” “Perceptions on corruption trends in Nigeria, show almost 70% of the respondents perceived the current level of corruption as high, compared to 15.5% that felt it was low. 70% of the respondents said corruption levels either increased or remained the same, in the last five years. Only a quarter of the respondents, felt corruption reduced in this period.” “About 41% of the respondents projected that, corruption will either increase or remain the same in the next year. About a third of the respondents (31.5%), believed the ruling elite are pursuing their selfish interests only; therefore, corruption levels will increase into the future. Additionally, about a quarter of the respondents (24.9%), believed the current anti-corruption efforts, are not comprehensive enough. The poor state of the economy, was also seen as a driving factor to increased corruption at 17.2%.” “Respondents identified poor coordination among the different State players, as a key obstacle at 18.4%. Lack of political will from the government and weak public support, were ranked second at 12%. Civic action against poor governance: 54.8% of the respondents reported that, they had not taken any action against poor governance. That more than a half of the respondents were unwilling to initiate action is alarming, and points to low confidence levels that appropriate measures would be taken, even if the respondents took action.” “This assumption is buttressed by the finding that 82% of the actions taken, were either not responded to or deemed sufficiently appropriate. Low civic action may also indicate low levels of public awareness on what redress mechanisms exist or how to access them.” “The Federal government should establish an independent commission of inquiry, to conduct a transparent, comprehensive, and impartial investigation into systemic corruption within the Nigeria Police Force, judiciary, and the ministries of power, education and health.” “The Inspector General of Police should receive and investigate complaints of bribery and corruption against police officers, filed by members of the public. The police should liaise with community leaders and civil society organisations, in regard to incidents of police

bribery and corruption within the community.” “The Chief Justice of Nigeria and the National Judicial Council (NJC), should identify and review all outstanding cases of judicial corruption and refer such cases to appropriate anti-corruption agencies. They should apply the Code of Conduct for Judicial Officers in a consistent and transparent manner, with full respect for the fundamental guarantees of fair trial and due process.” “The Chief Justice of Nigeria and the NJC, should publish annual reports of all activities involving the judiciary, including expenditure, and provide the public with reliable information about its governance and organisation, including the number of Judges found to be corrupt, as well as, ensure that the Chief Justice of Nigeria and all other Judges make periodic asset disclosures.” “The National Assembly should move swiftly to amend the Code of Conduct Bureau and Tribunal Act, to ensure public access to asset declarations made by public officials, and urgently pass the Proceeds of Crime Bill, the Whistleblowers Bill, and the Witness Protection Bill, among other relevant pieces of legislation.” “The National Assembly should immediately publish all reports of investigations on corruption and corruption-related matters in the judiciary, education, power and health sectors, among others that have been conducted by the National Assembly since the return of democracy in 1999.” “A positive legacy by the in-coming administration on 29 May, 2019, and the recently appointed Inspector General of Police, will mean improving accountability of the police, and proactively working to end all forms of corruption within the rank and file of the police. The Inspector General of Police should streamline and prioritise internal control mechanisms, by establishing an Ethics and Integrity Unit at each police station. The unit should include a human rights officer, an anti-corruption officer, and an officer responsible for service delivery complaints.” “The survey targeted a total of 2,655 respondents selected from seven States spread across the six geo-political zones of Nigeria, and the capital city of Abuja. The sample was proportionate to population size across these zones. The survey covered the police, judiciary, power, education and health sectors, to assess the state of corruption in public law enforcement and service provision.” “Data for the survey, was collected through a survey among ordinary citizens picked through simple random sampling of Nigerians above 18 years; in-depth interviews with key governance experts, including representatives of national anti-corruption bodies, trade unions, the business community, media, Lawyers, academia, people living with disability, and university student leaders; and a review of the legal and institutional frameworks guiding anti-corruption efforts in Nigeria, to assess their effectiveness.” SERAP’s latest survey was published as part of the organisation’s implementation of the Anti-Corruption in Nigeria (ACORN) project, funded with UK aid from the British people. However, according to SERAP, the views expressed in the report, do not necessarily reflect the UK government’s official policies.

“ACCORDING TO THE NIGERIA ANTI-CORRUPTION PERFORMANCE ASSESSMENT SURVEY CONDUCTED BY THE SOCIAL ECONOMIC RIGHTS AND ACCOUNTABILITY PROJECT (SERAP), SEVERAL NIGERIANS HAVE TO PAY A BRIBE TO ACCESS POLICE, JUDICIARY, POWER, EDUCATION AND HEALTH SERVICES.”

02.04.2019

THE LIGHTER SIDE/15

LEGAL HUMOUR The First Case An Investment Banker decides she needs in-house counsel, so she interviews a young Lawyer. “Mr. Peterson”, she says. “Would you say you’re honest?” “Honest?” replies Peterson. “Let me tell you something about honesty. My father lent me $85,000 for my education, and I paid back every penny the minute I tried my ﬁrst case.” “Impressive. And what sort of case was that?” “Dad sued me for the money.” ˾˾˾

We Hold Your Brief JUDE IGBANOI jude.igbanoi@thisdaylive.com Dear Counsel, Your in-depth clarification on this worrisome issue, will be most appreciated. I bought a plot of land at Igando in 2015, and I was issued with a receipt by the owner of the property. A Lawyer whom he recommended, drafted an agreement (Deed of Assignment). which we all signed. I commenced building on the land and finished in July, 2018. While trying to comply with the new requirement of the payment of Land Use Charges as recently introduced by the Lagos State Government, I was made to understand at the Land Registry, that my property was not registered. They couldn’t find any information relating to my property in their files. They however, advised me to go about registering the property. When I asked friends who have properties, how they went about theirs, their responses seemed as if the process will involve a lot of money, which I don’t have now. What are the consequences of non-registration? Although, I intend to do it when I have the funds. B. E., Igando, Lagos. Dear B.E., Registration of properties, before and after

acquisition, is absolutely important. Land transactions are quite complex, and that is why you need your own Lawyer every step of the way. The complexities in properties, are better handled by a Lawyer. In Nigeria, land is classified as a residual matter for the States. Hence, the Lands Instruments Registration Law of the States, provide for the requirement of registration of instruments. In the jurisdiction where the contract of sale is registrable, the legal consequences of failure to register the contract of sale, are basically threefold:1. The contract is inadmissible to prove title. 2. The contract will lose priority, against a previously registered contract. 3. If the contract were registered, it would be notice to the world. A breach in the contract of sale or nonregistration, may be remedied through a civil action in court. Depending on the circumstances, a court may award damages, including an order for a return of deposit, with interest and expenses incurred in investigating the title of the property. In some cases, the court may even order forfeiture and recovery of deposit. You would have to speak with your Lawyer, on this and brief him to start processing the registration at the Land Registry, immediately.

Court of Less Appeal Justice isn’t just blind—it’s snickering at these real courtroom give-and-takes: Judge (to young witness): Do you know what would happen to you if you told a lie? Witness: Yes. I would go to hell. Judge: Is that all? Witness: Isn’t that enough? Q: Isn’t it a fact that you have been running around with another woman? A: Yes, it is, but you can’t prove it! Q: Have you ever heard about taking the Fifth? A: A ﬁfth of wine? Q: No, the Fifth Amendment. Q: What did your sister die of? A: You would have to ask her. I would be speculating if I told you. ˾˾˾ Frame of Reference When my 88-year-old mother was called for jury duty, she had to submit to questioning by the opposing Lawyers. “Have you ever dealt with an Attorney?” asked the Plaintiﬀ’s Lawyer. “Yes. I had an Attorney write my living trust,” she responded.

Nigeria Must Sign the African Continental Free Trade Area Agreement Now Akinwale Akintunde At the 2019 Founders Day Lecture of the Nigerian Institute of Advanced Legal Studies last Tuesday, Chairman of the occasion, Mr. Babatunde Ruwase, said Signing the African Continental Free Trade Area (AfCFTA) agreement, will be an economic game-changer for Nigeria. Ruwase who is President of the Lagos Chamber of Commerce and Industry, further said that, Nigeria stands to benefit from continental economic integration. The AfCFTA, signed in Kigali, Rwanda on March 21, last year, is a trade agreement between 49 African Union (AU) member States (excluding Nigeria), with the goal of creating a single market followed by free movement and a single-currency union. The theme of this year’s lecture was “Inclusivity and the Transformational Potentials of the AfCFTA for African countries”. Ruwase said: “The reality is that, there is a great deal of value in economic integration, but as a country, we need to position ourselves well, to take advantage of the opportunities it offers. “The AfCFTA is an age-long dream of the

L-R: DG NIALS, Prof Deji Adekunle SAN, Chairman of the occasion, Mr. Babatunde Paul Ruwase, Guest Lecturer, Prof, Faizel Ismail and Mr. George Etomi

continent, with regard to the promotion of trade and investment among African countries. “As a country, our decision on the AfCFTA could be a game-changer for Nigerian economy, if we do the right thing at the right time.” The guest lecturer, Adjunct Professor at the Centre of Comparative Law in Africa, University

of Cape Town, South Africa, Prof Faizel Ismail, said AfCFTA has the prospect of catalysing the process of transformative industrial development, cross-border investment, democracy and governance in Africa. He, however, advocated for fairer outcomes of the AfCFTA, and a more balanced and mutually

beneficial integration process. “African governments should ensure that, their stakeholders: business (both big and small), trade unions and civil society NGOs, are included in the national consultation process and, provide their negotiators with clear mandates for negotiations. “African countries need to build effective institutions that are inclusive, and enable the fullest participation of stakeholders in the negotiating process. “This will improve both the quality and the sustainability of the AfCFTA agreements”, he said. NIALS Director-General, Prof Adedeji Adekunle, said the yearly Founders Day Lecture provides a forum for intellectual discussions on legal and related issues. “We use it to take stock of how faithful we have been to the mandate of the Institute, and the dreams of those who founded it. “The topic is, one that is on the front burner. Even as we’re gathered here, CEOs from Africa are gathered in Kigali, talking about what AfCFTA holds for them. “Our mandate, spans issues that cut across law and related topics. We thought it would be a good opportunity for industry practitioners, as well as legal academics and Lawyers, to interact with someone who can be described as Mr. AfCFTA”, Adekunle said.

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02.04.2019

LAUGH IT OFF

(Culled from Social Media)

T H I S D AY ˾ Ͱ˜ 2019

BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T

REPO 10.67% 9.86%

CALL 1-MONTH 3-MONTH

7.50% 9.63% 10%

M A R C H S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

2 9 , 386.81% 0.04% 1.26%

2 0 1 9

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

8.36% 8.36%

EXCHANGE RATE N306.95/1US DOLLAR* ̩

Quick Takes AfDB Invests in Growth Fund

BREAKFAST MEETING

L-R:MD/CEO of Graeme Blaque Advisory/Chairman Interim Council, Association of Corporate Treasurers of Nigeria (ACTN), Zeal Akaraiwe; Chief Economist and Advisory Partner at PWC/keynote speaker, Andrew Nevin and Executive Secretary/CEO, Association of Corporate Treasurers of Nigeria, Patrick Ajunwoko, during ACTN’s breakfast meeting held in Lagos…recently

Discos, TCN Bicker over Legality of Market Trading Framework Stories by Chineme Okafor in Abuja Electricity distribution companies (Discos) in Nigeria’s power market are at loggerheads with the Transmission Company of Nigeria (TCN) over request by the TCN to declare a segment of the Transition Electricity Market (TEM) illegal, null and void. The controversial part of the TEM has to do with the supply of electricity to consumers under the 330/132 kilovolt (kV) supply line under the new eligible consumers’ regulation of the Nigerian Electricity Regulatory Commission (NERC) and which the TCN said should not be ceded to the Discos, saying the latter have no direct interface

ENERGY with the high voltage line. Based on this, the TCN has requested the NERC to render that part of the TEM null and void, arguing that the Discos do not incur any form of expenses or cost in servicing consumers within the 132kV lines which the TCN alone reportedly maintains. The TCN’s position was however supported by manufacturers and power generation companies (Gencos) at a public hearing recently organised by the NERC on the issue in Abuja. But the Discos in their opposition to the TCN’s submission, warned the NERC, saying if it concedes to the arguments, its implication would include

the widening of the existing financial shortfall in the market which it alleged was about N1.5 trillion. The Discos were represented at the public hearing by their umbrella body, the Association of Nigeria Electricity Distributors (ANED) and they further held that the NERC had no power to entertain the request of the TCN. While they claimed that it was only the National Assembly and a court of competent jurisdiction that could entertain such request for a review of segments of the TEM, the Gencos and members of the Manufacturers Association of Nigeria (MAN) insisted that a change of the TEM order was necessary.

In their submission, the Regulatory Manager of ANED, Mr. Adetunji Adeyeye, said it was not within the powers of the NERC to grant the TCN its prayers no matter how significant its arguments were. “TEM itself is not something that NERC can declare null and void because it doesn’t come under the review processes under section 50 which declares what you can actually review. “The only person that can declare that null and void prayer is the court or an amendment by the National Assembly,” Adeyeye said. He noted that the suitability of the issues the TCN raised Continued on page 24

Report: Nigeria Supplied 7.3% of Global LNG in 2018 Nigeria in 2018, delivered up to 7.3 per cent, which was about 21.3 metric tonnes (mt) of the liquefied natural gas (LNG) volume in the world, the International Gas Union (IGU) has disclosed. The IGU in the 2018 edition of its world LNG report obtained by THISDAY, stated that at 7.3 per cent, the country was the fourth largest LNG suppliers in the world in the year under review, coming behind Qatar which supplied 27.6 per cent; Australia – 19.2 per cent; and Malaysia – nine per cent respectively. It, however, indicated that Indonesia with a market share of 5.5 per cent and the United State – 4.5 per cent, were behind Nigeria as the fifth and sixth largest LNG suppliers in the world.

ENERGY According to the report, in 2018, Nigeria recorded its highest LNG export volume of 21.3mt, adding that this was made possible by increased feedstock to the country’s only LNG producer and supplier, the Nigeria LNG (NLNG) Limited. “The order of the top five exporters by share (Qatar, Australia, Malaysia, Nigeria, and Indonesia, respectively) remained the same between 2015 and 2017. “Liquefaction capacity is concentrated in Qatar, Australia, Malaysia, Indonesia, Algeria, and Nigeria, each of which has at least 20MTPA of capacity. Together, these six countries comprised more than twothirds of the world’s nominal liquefaction capacity in 2017,”

said the IGU report. It further explained: “After steady growth in recent years, global LNG trade increased sharply in 2017, rising by 35.2MT to reach 293.1MT. This marks the fourth consecutive year of incremental growth, and the second-largest annual increase ever (behind only 2010). “The increase was driven by higher production at liquefaction plants in Australia, as well as full year production and new trains at Sabine Pass LNG in the United States. Several older projects recorded increased production after working to solve feedstock or technical issues, including Nigeria LNG, Arzew and Skikda LNG, and Angola LNG.” The report noted that: “Many countries that had exported lower amounts of LNG dur-

ing 2016 – including Nigeria, Algeria, Trinidad, Brunei, and Equatorial Guinea – rebounded during 2017. In Nigeria, strong gas production as well as a lack of disruptions due to local unrest allowed exports to reach a record 21.3MT.” The report stated that in 2017, more traditional European trade patterns returned to the LNG market, including a move away from LNG re-loading due to global supply increases and stable demand. It added that Spain, Italy, Portugal and France returned to more traditional LNG uptake, while in North America, Mexican imports of LNG were up, as additional low-cost US shale gas imports were unavailable due to pipeline delays. Continued on page 24

The African Development Bank (AfDB) has approved a $20 million equity investment in Uhuru Growth Fund 1, a first-generation fund sponsored by Uhuru Partners Limited, a private equity firm, focused on high growth middle market businesses across West Africa. Uhuru Partners Limited is composed of an experienced indigenous team with strong local networks, extensive knowledge of the West Africa market and a track-record of SME investments in the region. The Bank’s equity support would enable Uhuru Partners make investment forays into consumer facing and financial services sectors in West African countries including Nigeria, Ghana, Cote d’Ivoire, Senegal, Burkina Faso and Mali. Investments of $5 million and above would be made in companies in thesesectors,helpingthemgrowintoregionalchampions,andcreating new, high quality jobs. The proposed investment would give the Bank approximately 10 per cent of the Fund’s target capitalisation of $200 million. Equity capital is scarce in Africa but particularly so for smaller companies with revenues below $50 million. Private equity funds such as Uhuru will help address this void . Uhuru’s compelling investment proposition is underpinned by several macroeconomic and institutional factors. These key factors include West Africa’s large aggregate population, rapid urbanisation and youthful demographics, sustained economic growth and relative political stability. The presence of Uhuru’s key executive and operational teams in Abidjan and Lagos was also perceived as a huge asset, enabling the team to effectively source investment opportunities in the Anglophone and Francophone economies of West Africa.The PE firm’s presence in the region’s largest and leading commercial hubs also enables them to get actively involved in the operations of their portfolio companies across the region.

Group Trains Advocates in Kano

Pan-African digital rights group, Paradigm Initiative, recently held a digital rights workshop for advocates in Kano, Nigeria.The workshop, with support from Macarthur Foundation and Centre for Information TechnologyandDevelopment(CITAD),underitssocialandaccountability project in Nigeria, had 50 participants in attendance. The workshop was focused on topics around digital rights such as gender perspective to digital rights and the challenges women face online; tackling hate speechandfakenews;navigatingthegreyareaswhilerespectingrights to free speech; digital rights; media advocacy as well as basic digital security tools and practices. TheDigitalRightsworkshopwaspartofParadigmInitiativestrategy to employ a proactive approach to ensure that organisations and individuals whose work depend largely on the openness of the internet, as well as those who engage the government through online activism, understand the human rights dynamics on the internet. ParadigmInitiativehashostedmorethan10editionsoftheworkshop in diverse locations across Nigeria and many African countries such as The Gambia, Uganda, Cameroon and Zambia. The workshop has now held two times in North West Nigeria. In March 2015, an edition was hosted in Kaduna, Nigeria.

GE Appoints Mbathi E’Africa CEO

General Electric has announced the appointment of Brenda Mbathi as the Chief Executive Oﬃcer for East Africa. In her role, Mbathi will play a pivotal role in steering the next phase of strategy and growth for General Electric in East African markets, excluding Ethiopia which shall continue to be led by Daniel Hailu, CEO, GE Ethiopia. BasedinNairobi,Mbathiwillleadthedevelopmentofdiverseprograms with public and private sector projects and partnerships across East Africa. Commenting on the appointment, President and CEO, General Electric Africa, Farid Fezoua, reiterated GE’s commitment to work together with governments, private sector and Non-Governmental Organisations (NGOs) in order to develop public private partnerships and sustainable outcome-based solutions. “WeareoptimisticaboutEastAfricaandtheopportunitiestodevelop breakthrough solutions in power, healthcare and aviation. We believe that the appointment of Brenda is a step further in making this vision a reality.

“We have done quite a lot. In our performance agreements. There are a number of meters that we were required to provide within five years, and within the five-year period, we did 88 per cent of what we were required to do”

ED, Research and Advocacy, ANED,

Mr. Sunday Oduntan

T H I S D AY ˾ Ͱ˜ Ͱͮͯͷ

BUSINESSWORLD DISCOS, TCN BICKER OVER LEGALITY OF MARKET TRADING FRAMEWORK

about the 330/132kV customers were already covered by the contractual agreement it (TCN) was party to, adding that the TCN could not have come up with the argument that because the Discos do not remit market revenue on time, it would then seek to collect the revenue directly. “If we have that gap only in generation cost, that shows there is going to be a huge shortfall, and liquidity crises if the prayer of TCN is granted by having those major customers. “They are the major purchaser of bulk power...it will make the shortfall we have in the industry to balloon. Today the shortfall is N1.5 trillion,” he explained. However, in his submission, the President of MAN, Mr. Mansur Ahmed, countered the argument of the Discos, stating that Nigeria ought to review the content of the TEM to make progress in the electricity industry. Ahmed, said MAN was in support of the TCN request to NERC, adding that the rule should be continuously monitored while Nigeria completely eliminate all he said were distortions that retard the growth of its economy. REPORT: NIGERIA SUPPLIED 7.3% OF GLOBAL LNG DEMAND IN 2018

“Unlike 2016, the increases in world trade occurred without new major entrants to the world LNG market. Qatar continued to be the world’s leading exporter of LNG, with 2017 liquefaction reaching 81.0 million tonnes per annum (MTPA), followed by Australia, Malaysia, Nigeria, Indonesia, and the United States. “Australia and the United States led in growth of exports by increases over 2016 of 11.9MTPA and 10.2MTPA, respectively. There are 92MTPA of liquefaction capacity under construction world-wide, and we expect about one-third to come online this year in farreaching locations of Australia, Cameroon, Indonesia, Malaysia, Russia, and the United States,” the report stated.

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) Eromosele Abiodun (Maritime) James Emejo (Finance) Ebere Nwoji (Insurance) Chineme Okafor ((Energy) Reporters

Nume Ekeghe (Money Market) Nosa Alekhuogie (ICT)

NEWS

Traders Tackle Enelamah over LITFC Chris Uba Embattled traders at the Lagos International Trade Fair Complex (LITFC), along the Lagos-Badagry Expressway have criticised the Minister of Investment, Trade and Industry, Dr. Okechukwu Enelamah, over his silence on their frequent harassments in the complex which they said was legally negotiated with the federal government through his ministry. The traders who spoke to THISDAY at the weekend, said if the minister had made a definite pronouncements about the exact situations on the complex, such as the existing lease agreements with various market associations, the incursion by “out siders,” who are asking for concession of the complex would not arise. They said, while they are not against the federal government concessioning the facility, it should not include those areas which are presently covered under the lease agreement lasting 49 years and renewable for another 50 years, which they had reached with federal government through the Lagos International Trade Fair Management Board (LTFMB). The traders recently staged a peaceful protest over alleged plans to concession the complex, including their own part, to an unnamed Lagos politician. But during the week, the Bureau of Public Enterprises (BPE) doused the situation when it declared that the federal government does not intend to sell the LITFC, but would rather concession the facility through a competitive

transaction process. “For the avoidance of doubt, the Bureau stated that the Federal Government of Nigeria through the Bureau of Public Enterprises (BPE), does not intend to sell the complex, rather the facility would be concessioned through a competitive transaction process. “It’s for this reason that the government has procured the services of Messrs Feedback Infrastructure Services to advise on the way forward for the proposed concession. “It is apt to inform the public that the Bureau on Friday, March 1, 2019, met with the entire traders’ associations to explain the essence of the

planned concession,” a statement issued by BPE’s Head, Public Communication, Amina Tukur Othman, had stated. But the President of the Machinery Dealers’ Association (ASPMDA), Chief Daniel Oforkansi, said the protest became expedient to draw “global and national attention,” to what he called “surreptitious moves” aimed at giving out the complex through re-concession, allegedly being spearheaded by Enelamah. “The matter is already in court. We have sued BPE, NPC and the management board. This is a repeat of the last failed concession arrangement by the

federal government. “Recently, the representatives of the government invited us to a meeting, at a Lagos hotel, telling us that the train has left the station since and whether or not we like it, the complex will be concessioned. They said we should get on board or be left behind. “But we are saying such action cannot be possible. We put our investments to develop the complex and we are not going to give it up to any concessionaires. We will appreciate it if the minister himself could see the investment and of over 120,000 traders earning their living from here.

“We would do everything we can to protect this place. If government is interested in concessioning, it can concession its motel and other free land at the complex,” Oforkansi said. The pioneer President of ASPAMDA, Chief Charles Okeke, said the traders were into a two-type lease agreement with government, totalling 99 years. According to him, the first phase of 50 years had been completed and the second phase of 49 years of lease is currently on. He urged the minister to visit the complex to see things for himself, just like his predecessors did.

RETIREES’ FORUM

L-R: Participant at Sigma Pensions Retirees’ Forum, Mr. Fanibuyan Adekunle; Senior Business Development Manager (West), Sigma Pensions, Mr. John Igiehon; participants, Mr. Suleiman Aliyu; Mr. Idehau Joel; Representative of PenCom, Mr. Edward Ekpenyong; participants, Mr. Banji Akinrelere and Head, Business Development Division (West), Sigma Pensions, Mrs. Mabel George, at a forum organised by the company in Akure, Ondo State…recently

NNRC: Oil Discoveries in Other African Countries Eroding Nigeria’s Competitiveness Chineme Okafor in Abuja The Nigeria Natural Resource Charter (NNRC) has said that Nigeria is fast losing its competitiveness in the global oil market due to new hydrocarbon discoveries in new jurisdictions within the African continent. The NNRC which is the Nigerian version of a global initiative designed to help governments and societies effectively harness opportunities created by their natural resources, explained at a recent launch of an online extractive sector news outfit – Extractive360.com, in Abuja, that without appropriate reforms, the odds were heavily against Nigeria’s oil industry in the

global oil market. According to a presentation by the NNRC Programme Coordinator, Tengi GeorgeIkoli, countries like Ghana; Cote d’Ivoire, Tanzania, Kenya and Uganda, have all emerged as new hydrocarbon jurisdictions in the continent, offering investors better alternatives with marketdriven reforms. George-Ikoli, explained that these countries and their offerings were threats to Nigeria’s competitiveness. Stating that shale oil production has changed dynamics of the global crude oil market, she noted: “There are indications that crude oil imports from Nigeria could be further

threatened with the country’s highest oil buyer, India, signing an agreement to import 0.6 million barrels of oil from the United States.” “India was Nigeria’s top crude oil buyer in five of the last six years. More so, other countries like the United Kingdom are now importing more from the United States, impacting negatively on imports from Nigeria. “This raises further questions about the long-term structural implications of two ‘revolutions’ in the world of energy: shale as a new source of supply, and the gathering implications of clean energy transitions on the demand side, including improvements

in fuel efficiency and the rise of electricity as an alternative to oil in parts of the transportation sector,” George-Ikoli, explained. She informed that a recent report by Energy Information Administration (EIA), also showed a gradual decline in crude oil imports by the United States to an average of 7.7 million barrels per day (mbd) in 2018 from a high of 10.1mbd in 2005, mostly on account of growing shale oil production. “That development has had a severe impact on US crude import from Nigeria. According to that EIA report, between 2014 and 2015, before and shortly after the decline in oil prices, there were months that US imported

no crude oil from Nigeria. “Still, even with those losses, the discovery of crude oil in many African countries in the last few years erodes Nigeria’s competitive advantage further. “Countries like Ghana, Cote d’Ivoire, Tanzania, Kenya, Uganda, all new kids on the bloc, offer alternative markets to investors posing great challenges to Nigeria,” she added. George-Ikoli, stated that because this conversation about the future of Nigeria’s oil economy has not gained traction, suggested that, “the temerity of the challenges facing this country is yet to dawn on the government.”

dropped in Akwa Ibom state from our survey over the last few years. “We have had series of meetings and visits to companies and other stakeholders as such, we found it necessary to organise this meeting with all relevant stakeholders, and to address endemic problems facing the sector,” Ogenyi stated. He charged the state to identify with the commission in the on-going mandate of promoting non-oil export through the ‘One-State-One-

Product’ initiative of which the state has chosen sea food and palm oil as their products. The Permanent Secretary, Ministry of Investment, Commerce and Industry, Mr Oliver Udoukpo, commended the NEPC for the meeting. He assured that the state government would do everything possible to reawaken the export consciousness in the state and key into the One-StateOne-Product initiative of the commission.

Drop in Export Activities Worry NEPC Okon Bassey in Uyo The Nigerian Export Promotion Council (NEPC) has expressed concern that export activities have reduced in Akwa Ibom State, despite business opportunities that abound in the state to attract such transactions. The Trade Promotion Officer in the state, Mr Ralph Ogenyi, said this in a meeting with officers of Ministry of Investment, Commerce and Industry in Uyo, stressing the need for companies and stakeholders

in the state to reawaken their export consciousness to create jobs for the teeming youth. According to the trade promotion officer, there had not been any single registration of export activity so far in the state this year. He observed with concern that Akwa Ibom relied so much on oil money and politics, rather than taking advantage of being a coastal state to export sea foods and palm oil to generate revenue for the state. Ogenyi, said

the commission had embarked on sensitisation campaigns to educate the people on how they could package their products to be acceptable in international market. “This meeting is one among export development programmes poised at relaunching Akwa Ibom State in the export world. “As you are aware, the role of non-oil export in socio-economic growth and development of our nation cannot be overemphasised. “Export activities have

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BUSINESSWORLD

ENERGY

NEITI’s Quest for Reform in Extractive Sector Efforts by the Nigeria Extractive Industries Transparency Initiative towards making the country’s extractive sector more accountable should encourage the country to reform the sector, writes Chineme Okafor Recently, Nigeria’s pioneering use of multistakeholder governance to disclose data on its upstream extractive value chain was recognised by the board of the global Extractive Industries Transparency Initiative (EITI). The country according to the EITI, became the first Anglophone African country to have made satisfactory progress in implementing all the requirements of the EITI standard in reporting the activities of their extractive industries. “Nigeria’s implementation of the EITI standard remains in many respects a model for implementing countries globally,” said the chair of the EITI board, Fredrik Reinfeldt, on the movement’s recognition of the enormous work the Nigeria Extractive Industries Transparency Initiative (NEITI) had put in to open up the country’s very cloudy extractive sectors, especially oil and gas. Reinfeldt, further stated: “Apart from its scope, NEITI reports have shaped major reforms initiated in the sector, including those by the national oil company, NNPC. We hope the government will continue to use the NEITI process to inform its policies for better governance.” By its grant of satisfactory progress status to Nigeria, the EITI acknowledged that NEITI had in over 15 years of implementing its shared principles, significantly become an independent ombudsman that holds stakeholders in the country’s extractive industries liable. It also showed that while Nigeria still struggles with the challenge of entrenching transparency in routine government and company interactions in the country’s extractive sector, the NEITI has however continued to point her to the direction she should travel if her natural resources must work for all her citizens. For instance, since 2017, the NEITI has published reports on the country’s allocation of operational licences for extractive activities; administration of oil and gas subnational transfers; as well as sales and earnings from crude oil, and other business processes within the NNPC. These have notwithstanding been inclusive of its other activities to shine more light on the workings of the solid minerals sector. And as was captured by its Executive Secretary, Mr. Waziri Adio, recently: “Through NEITI’s reports and interventions, Nigerians now know more about the operations of the sector, which despite low commodity prices, still remains the backbone of their economy.” Adio, further explained that: “Citizens, civic groups and the media are now better armed with information to ask probing questions and make informed contributions to governance,” all on the back of NEITI’s push for a transparent and accountable extractive sector. “Over time, various governments have used information from NEITI’s reports to recover almost $3 billion that would have ended up unpaid. “NEITI’s recommendations are driving the ongoing reforms in our oil and gas and mining sectors,” added Adio. He noted that only seven countries including Nigeria, have so far achieved the highest status of satisfactory compliance, and that the recognition meant well for Nigeria. “EITI Validation is a major achievement that did not come easy. We are very proud of this milestone. All Nigerians should, from the president down to the ordinary person on the street. Our country hardly gets in the news for the right reasons. “Our ranking on most governance and development indexes, even when improving, leaves much to be desired. “As a country, we get constantly beaten up and we also beat ourselves up a lot. But this is an area we are doing very well, and a very important area too,” he stated. But then, having the NEITI stand alone, and take up global accolades for the works it is doing without necessarily pushing to ensure that its ideals are deeply entrenched in the way Nigeria manages her extractive sectors vis-à-vis shifting from just reporting to now realising real values from the contents of the reports and recommendations of NEITI, could mean the country hasn’t fully embraced the

ideals and how best it could help it reverse the oft talked about resource course syndrome she’s had to deal with for years. Doing more than reporting Thus, for the ideals of the EITI to truly and really become meaningful to ordinary Nigerians, the country would have to step up its commitments to the standards pushed by the movements, up from the level it currently is, to that of substantial enforcements of recommendations often made by the NEITI in its audit reports and other advisory reports it issues out from time to time. For instance, through its audit reports on activities in Nigeria’s oil sector, the NEITI had uncovered backlogs of unpaid revenues running into billions to Nigeria by operators either through statutory tax defaults or abuse of processes, yet calls for remediation of these have not yielded results as much as they should have. Putting these unearned revenues into a perspective ordinary Nigerians could easily relate with, the NEITI recently disclosed that the revenue Nigeria did not earn from its failure to review terms in the 1993 Production Sharing Contracts (PSCs) it signed with oil companies in the country could have funded its construction of the 3,050 megawatts (MW) Mambilla hydro power plant was estimated to cost $5.72 billion; Calabar-Lagos Rail line ($11 billion); Fourth

Through NEITI’s reports and interventions, Nigerians now know more about the operations of the sector, which despite low commodity prices, still remains the backbone of their economy

Mainland Bridge ($1.4 billion); Badagry Deep Water Port Complex ($1.6 billion); and Lekki Deep Seaport, amongst other key infrastructure projects. It explained in a report it conducted on what the country potentially lost for not reviewing the PSCs terms as expected, that $16.03 billion or $28.61 billion could have been made by Nigeria if it had reviewed the PSCs when oil price got beyond $20 or 15 years after the PSCs became active. Review of the PSCs has remained one of the many remediation issues in the audit reports often prepared by NEITI, and which the National Assembly is mandated to always debate on, but had never done. Beneﬁcial ownership, a new push factor Even though the NEITI has prompted widespread debate and made more people knowledgeable about activities in Nigeria’s extractive sectors, its recent disclosure that it was about to include the beneficial ownership framework into its reporting processes suggests that a new push factor was on the way. Through the beneficial ownership framework, NEITI explained that all Nigerians would be able to know who owns or holds crude oil blocks in the country starting from January 2020. Adio, stated that NEITI’s push for the implementation of the beneficial ownership practice in the extractive sector was on course, and NEITI had planned to meet a January 1, 2020 deadline for it to begin this. He added that an open register of every one holding oil block licences and solid minerals rights in Nigeria will become public from this period. In retrospect, the Stolen Assets Recovery Initiative (STAR) of the World Bank and United Nations Office on Drugs and Crime (UNODC), had described beneficial ownership as the natural person who ultimately owns or controls a customer or the natural person on whose behalf a transaction is being conducted, while the beneficial ownership guides are intended to help public authorities or other interested parties looking to find information on such entities incorporated under the laws of a country concerned. The guides, STAR explained would provide basic information to assist what steps to take to ascertain the identity of beneficial owners and other related parties. Adio, however stated: “Everybody is talking

about beneficial ownership now. If you are aware of the Paradise and Panama Papers, people hide behind anonymous companies to perpetrate all kinds of things, deny countries of revenues; do money laundry; commit crimes including serious crimes like terrorism; drug financing and all others. This is an existential issue for most countries especially countries like our own where we need all the monies that we can get. “This is something that beyond the EITI, Nigeria is committed to. At a London anti-corruption summit, countries made commitments and Nigeria made a commitment that we are going to have a register of beneficial owners of the companies that operate in Nigeria. The president came back and one of the commitments he made was that we are going to join the Open Government Partnership (OGP) and in December that year, we joined the OGP and one of our commitments in the national action plan for OGP is that we are going to have a register of the beneficial owners of companies that operate within Nigeria, that is on the larger scale.” He further explained: “On the micro level, we also have a commitment under the EITI that we are going to have a register of all the companies operating in the extractive sector in Nigeria by 1st of January 2020. I want to tell you that whether it is under EITI or commitment under OGP, there is political will and support at the highest level – this is a commitment the president (Muhammadu Buhari) made himself, different agencies are working on this. “We are leading the one on the extractive sector, and our hope is that we are working with regulators in the extractive sector – the MCO (Mining Cadastral Office) in the solid minerals sector, the DPR (Department of Petroleum Resources) in the oil and gas sector, and some others. “We hope to beat the deadline. We hope we are going to have a register of beneficial owners before the end of this year. It will not be a perfect register, but it will be a good place to start,” he added. Thus, it is expected that while Nigeria has had to deal with the long-standing challenges of managing its extractive sectors, especially the oil and gas sectors which have been riddled with corruption and unaccountable use of revenues as well as poor governance processes, the NEITI could move forward in its push for a transparently managed sectors using amongst other tools, the beneficial ownership framework, to continue to improve the country’s extractive sector.

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Deepening Local Capacity Jonathan Eze writes that Fidson Healthcare Plc is currently championing a progressive pathway for the pharmaceutical industry For nearly 25 years, Fidson Healthcare Plc has been relentlessly pursuing its goal of becoming a dominant player in the pharmaceutical sector in Nigeria. It has built an organisational framework that has helped it gain ascendancy in the Nigerian pharmaceutical industry. At Sango Ota, Ogun State, the company is currently championing a progressive pathway for the industry, with its recently commissioned World Health Organisation (WHO)-compliant manufacturing facility and best-in-class equipment installed. Nigeria, with a population estimated at over 200 million and an average annual growth rate of 2.6 per cent making her the seventh most populated country in the world, is troubled with poverty, diseases, malnutrition and other social security issues. The demand for quality and affordable healthcare solutions for this population puts great pressure on available resources â€“ requiring improvements and upgrades. The pharmaceutical sector of any economy plays a prominent role in the general health of citizens residing in the country. Nigeria is not an exception. Despite being recently hailed as Africaâ€™s next frontier for pharma after South Africa and the hotspots of Northern Africa, based on a spark of industry and economic growth, the Nigerian health sector has not lived up to the expectation of the teeming population, hence rated 187th out of 191 WHO members due to shortage of standard equipment for production and storage of pharmaceuticals, amongst other factors. Despite the existence of these and other challenges, there are flashes of hope as the industry continues to grow steadily and appreciably based on the collaborative efforts of the key industry players, regulatory bodies and government. This has spurred investment in local production of pharmaceuticals with the aim of promoting self-sufficiency and national security for medicines. Existing pharmaceutical companies are also developing local industrial capacity with a global standard in a view to earning foreign exchange through exportation of domestically manufactured medicines and of course creating new jobs. Currently estimated at about $1.3 billion, several economic analyses (including Mckinsey industry analysis, 2017) have indicated that the value of the Nigerian pharma market could rise by as much as 9 per cent annually over the next ten years to reach $3.6 billion by 2026. Over the same period, Nigeria could contribute between $1.9 billion and $2.2 billion to pharma sales growth, 55 per cent of it from prescription drugs. Harnessing Potential As part of its strategic initiative to harness the potential of the market, Fidson had completed its N10 billion investment in 2016 and began full operations in 2017. This plant is at the forefront of the companyâ€™s growth strategy and was built

to consolidate its manufacturing capabilities, increase revenue and returns to shareholders, and ultimately reinforce the companyâ€™s eminent position in the Nigerian pharmaceuticals market. The new formulation plant is one of the most sophisticated manufacturing facilities in West Africa and more than doubled the companyâ€™s previous capacityâ€”enabling it to grow sales volume and meet the rising demand for medicines in Nigeria and broader West African region. The manufacturing plant includes facilities for seven production lines: eye and ear drops, intravenous (IV) fluids, tablets, capsules, liquids, cream/ointments, and dry powder. Within the companyâ€™s production lines are products targeting specific therapeutic areas including anti-infectives, gastrointestinal, antiretroviral, anti-malarial, cardiovascular, analgesic, hematinic, and supplementation products to name a few. IV fluids are some of the companyâ€™s new products and the product group positions this company to strategically bridge the supply gap and high demand in the life-saving infusion products sub-market. Over 25 new products were introduced in different therapeutic areas and across all product lines in 2018, focusing on addressing the needs of the low-income demography of the consumer market. Speaking during a chat with newsmen in Lagos recently, Fidsonâ€™s Managing Director/CEO, Dr Fidelis Ayebae, said the present position of the countryâ€™s pharmaceutical industry requires

such investments to ensure access to quality products by Nigerians. He also noted that with the factoryâ€™s potential being harnessed, the company is assured of a competitive edge that will not only see it deliver better quality and more affordable medicines, it will also generate more employment, increase local content, foster stronger local and international partnerships, as well as consolidate the companyâ€™s strategic brand and market positioning. According to him, the significant competitive advantage of the new facility was already evident after two years in operation as Fidson experienced revenue growth from N7.6 billion in 2016, to N14 billion in 2017. The contribution of new products (including IV fluids) to Fidsonâ€™s turnover was about 10 per cent. The factory also earned the company a 3-year tax holiday approved by the Nigerian Investment Promotion Commission (NIPC). Fidson is one of the nine recent beneficiarycompanies granted approval for Pioneer Status Incentive (PSI) with an investment totalling N277.4 billion in the fourth quarter of 2018 and the creation of 1,733 direct jobs in the period under review, a report disclosed. Other growth indicators were also evident in the companyâ€™s proven track record of returns. Fidson has paid out N1.9 billion as dividends to its shareholders in the last 10 years, implying an average dividend yield of 6.5 per cent. â€œThe company is also taking advantage of the

attractive industry dynamics to position itself for sustainable growth, particularly with the growing prevalence of lifestyle diseases amongst Nigeriaâ€™s large and increasingly urbanised population. â€œThe increasing preference of the Nigerian government and populace for local products in purchase decisions is also driving demand in the local pharmaceutical industry and Fidsonâ€™s diverse and growing product portfolio puts it in good stead for consideration and patronage,â€? the report stated. Regulatory harmonisation in West Africa and trade incentives for pharmaceuticals are also other attractive industry dynamics to be considered. These, alongside the growth of health insurance in Nigeria, which is offering more people the opportunity to access healthcare over the long term are clear signals of a brighter future for any company that is well positioned to harness these potentials. â€œFidsonâ€™s proven management and sales team as well as strong local and international partnerships also give the company an edge over the competition. â€œThese ensure the companyâ€™s ability to be dynamic and deliver quality merchandise across its marketing value chain comprising government healthcare facilities, private hospitals, pharmaceuticals distributors, and retail pharmacies. â€œTo develop and access this network, the company recruits only suitable professionals and makes sizeable investments to train and empower them,â€? it added. Projection Shedding some light to the future of the organisation, Ayebae painted a broad picture of where he expects the firm to be in ten years. â€œIn 10 years, we would have tripled in both top and bottom lines. We would be an exporting company ten years from now and I am sure we would have discovered one or two proprietary medicines as part of our research and development efforts and collaborations. We would be the first full-fledged research and development-based indigenous manufacturing company in Nigeria.â€? The company is currently recapitalising its business to take advantage of the many opportunities in the Nigerian market. It is giving its shareholders and investors the opportunity to reinvest in the business via a 1 for 2 Rights Issue that closes on April 9th, 2019. The proceeds of the equity raised would be used to repay expensive debts that are sitting in the companyâ€™s balance sheet and fund working capital. This will ultimately reduce the companyâ€™s finance cost and provide the much-needed working capital funds to actualise its growth aspirations and access opportunities in the market. â€œThe future remains bright for Fidson as well as the countryâ€™s pharmaceutical sector and the company is primed to take advantage of this,â€? the company stated.

Why FG Fails to Earn Substantial Money from Solid Minerals Mining Chineme Okafor in Abuja The inability of the federal government to get substantial revenue from the mining of Nigeriaâ€™s solid minerals has been attributed to the use of obsolete equipment by artisanal miners operating in the sector by the Nigerian Institute of Mining and Geosciences (NIMG). According to the NIMG, artisanal miners now run widespread operations in the sector, but their returns to the government have however remained minimal. The Director General of NIMG, Prof. Suleiman Hassan, stated recently on the sidelines of a training on human capital

development for employees of the institute in conjunction with Geocardinal Engineering Services Limited, that the government had started to train artisanal miners in its bid to grow the revenue it expects from the sector. â€œThe government is not making enough revenue now because the equipment they (artisanal miners) use are not the ones that can give us the best in mining activities,â€? said Hassan, when asked if the government was getting the required revenue from the industry considering the widespread operations of artisanal miners. He further explained: â€œThis is because after you mine the

resources, you still have to put value to the minerals, and to do this you need to use some of the sophisticated equipment in the sector. â€œSo, until our miners have access to some of these equipment that will enable them to take the minerals from the earth, process and put value to them and get quality price in the market, the revenue may not come as required.â€? He noted: â€œSo, right now the government may not be getting as much as is expected because the minerals are not sold in their final qualities that should bring in more money. This is why the ministry is making frantic effort to ensure that some of

these miners are equipped with latest equipment to transform their raw materials into finished goods.â€? Although Hassan could not give the estimated amount which the government was losing in the sector as a result of the lack of standard mining equipment, he insisted that a lot of revenue was being lost due to this. On the essence of the training, the Technical Director, Geocardinal Engineering Services Limited, Adeyemo Titilope, said it would further sharpen the skills of NIMG workers and help grow the overall output of Nigeriaâ€™s mining sector. Titilope, stated that: â€œThe

aim of the capacity building programme to employees of NIMG is to enhance their capability to discharge their duties effectively. So, we bring experts to train them on how they can perform their work efficiently for the benefit and growth of the institute.â€? â€œThe institute is a research based organisation with different departments that need to be grounded in geology, mining and research. So, we are here to widen their scope for them to be able to meet up with their mandate,â€? Titilope, added. Meanwhile, Hassan, also stated that it was not right to refer to artisanal miners as illegal because the government now

has a record of their existence and operations. â€œWe donâ€™t call them illegal miners, rather they are called artisanal miners because the government is aware that these people are at most of the mining sites. However, because of the crude method they use to get some of these mineral resources, people call them illegal miners. But we call them artisanal miners. â€œMy ministry is trying as much as possible to train them and expose them to the equipment that will make them move away from the crude method of mining that exposes them to dangers posed by such activities,â€? he explained.

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AsNSCMovesagainstIllegalSurchargesbyShippingLines Francis Ugwoke The challenges facing Nigerian shippers are too many and from different directions. Apart from the issues of infrastructure in Nigerian ports environment that have impacted negatively on trade facilitation locally, importers have had to contend with the surcharges imposed on them by shipping agents who are acting on the dictations of multinational shipping lines under different conferences involved in movement of goods from one continent to another. Although imposition of surcharges in itself is not out of place as certain situations demand for this, what is worrisome is the tendency for the shipping agencies to fail to vacate them when the need arises. The United Nations Conference on Trade and Development (UNCTAD) provides for surcharges by liner conferences who are made up on individual shipping lines from different continents involved in shipment of goods worldwide. But UNCTAD provision makes it clear that these surcharges are supposed to be temporary and subject to cancellation when the situation is normalised. In the Nigerian environment, there are instances in which shipping lines impose surcharges without justification. For instance, in September last year, some shipping lines, including CMA CGM had given a notice to introduce a congestion surcharge of $400 per container. In a notice, the shipping line had said â€œPort congestion at Lagos ports, Nigeria, is currently increasing our operational costs and generating severe service disruption for several weeks.â€? The surcharge was to take effect October 15 last year but for the timely intervention of the Nigerian Shippers Council (NSC). Yet, the shipping agencies are not done, as they are again drumming for the introduction of more surcharges. Surcharges by liners Among the surcharges that have been identified as prevalent in Nigerian ports in different colorations according to the Nigerian Shippers Council (NSC) include peak season surcharge (PSS); extra risk insurance (ERI)/carrier security fee (CSF) surcharge; congestion surcharge (CS); freight tax surcharge (FTS); operations cost recovery (OCR); low sulphur surcharge (LSS); B.A.F (bunker adjustment surcharge) and C.A.F. (currency adjustment surcharge). Negative effect As the ports economic regulator, the NSC believes that most of the surcharges are not justifiable and negative to trade. The fear being expressed among stakeholders is that the surcharges if allowed to take place will affect traffic flow of cargoes to Nigerian ports. And this is considering the neighboring ports surrounding Nigerian ports in the West and Central African sub-region. Nigeria had competed over the years with neighboring ports for the transshipment hub. Such surcharges will further worsen the situation and many Nigerian shippers may be forced to use neighboring ports like Cotonou and resort to smuggling through the various porous border routes. The Director, Special Duties, NSC, Mr. Tahir Idris, said the surcharges are built into the freight costs from parent companies. But he expressed concerns that the shipping agencies often ignore to suspend the surcharges even with the knowledge that the situation which justified

Bello their imposition has changed. Tahir said, â€œit seems to be permanently being deployed as it is mostly built into the freight cost from parent companies.â€? He explained that the surcharges are fees collected by shipping companies in addition to freight rates prevailing in Nigerian seaports. He explained, â€œThere are about eight or more surcharges imposed on Nigerian ports. The UNCTAD provisions in its Article 16 of the code stipulate that surcharges imposed on cargo moving to and from a particular port shall be regarded as temporary and likewise shall be increased, reduced or cancelled subject to when the situation in the port changes. â€œBut what we have observed is that, we hardly witness a total suspension of these surcharges as was intended to be a temporary measure, designed to bring equity in the recovery of some unexpected costs increases or losses. It seems to be permanently being deployed as it is mostly built into the freight cost from parent companiesâ€?. Global Shippers Forum In a bid to stop the shipping lines from the continued exploitation of Nigerian shippers, the NSC leadership said it will take the matter up with the Global Shippers Forum (GSF) which is an apex association of shippersâ€™ councils all over the world. As a member of the African Shippers Council (ASC), Nigeria will report the matter first to its parent body which will then take up the matter to the GSF. The forum has a way of checking the excesses of shipping lines operating in different continents of the world. Speaking on the surcharges, the Executive Secretary, NSC, Mr Hassan Bello, described it as unjustifiable.

Bello, explained that while some of the charges were supposed to be temporary, reduced or cancelled as allowed by UNCTAD and as the situation in the ports changes, the shipping lines have maintained a permanent imposition of the charges on helpless shippers. He said what is worrisome is that even incidents of piracy that have nothing to do with Nigeria are given different colorations in what is targeted at placing a surcharge on cargoes coming to Nigeria. He added, â€œEverything that happens, even if it is in Togo or Benin Republic, it is attributed to have taken place in Nigeria. Even local infractions like somebody just enters the ship illegally even without weapons, it is reported as incidence of piracy. But that is not piracy, it is probably robbery incident. Piracy is total command of the ship on the high sea.â€? Stakeholdersâ€™ Reactions Worried about the effect of the surcharges on cost of shipping and to the final consumers, freight forwarders are of the view that except the ports economic regulator moves fast in checking the shipping lines, Nigerian ports will become unfriendly. Former President, National Association of Government Approved Freight Forwarders (NAGAFF) Dr. Eugene Nweke said the shipping lines are out to inflict economic woes on shippers and should not be allowed to have their way. Nweke, said the shipping lines fail to understand the effect on the importers and their customs agents who he said will pass the cost to the final consumers. He urged the ports economic regulator to stop the shipping lines and their agents in Nigeria. Nweke recalled that it was the NSC that stopped the first planned surcharge that would have

taken effect in October last year, adding that the decision of the NSC to take the matter to the GSF through the African Shippers Council (ASC) was a welcome development. He argued that there is no situation now that calls for surcharges by shipping lines. Nweke said, â€œthere are conditions spelt out by UNCTAD for surcharges. The NSC should ensure that these conditions are followed by shipping lines.â€? Similarly, a maritime lawyer, Mr Kasa Opara, also kicked against any surcharge being proposed by shipping lines. Opara said that in the first place the shipping agencies collect as much as N60,000 administrative charge on all 40-foot container despite the contract of affreightment entered between the shipping line and the importer for which freight charge had been paid abroad before the goods left for Nigeria. He said that it was only the NSC as the ports economic regulator that will be able to stop the shipping lines from taking advantage of the helpless situation of shippers in Nigeria. â€œIt is only in Nigeria that these shipping lines want to try their luck on certain surcharges and am happy that this is being resisted by not just the freight forwarders but also the leadership of the Shippers Council,â€? he said. Opara said what most shipping lines coming to Nigeria do is to test the waters with illegal charges and enforce it permanently if not challenged. â€œIt is only in West Africa and particularly Nigeria that they try this nonsense, but am happy that the NSC has risen swiftly against themâ€?, he added. t6HXPLF B KPVSOBMJTU XSJUFT GSPN "QBQB -BHPT

Exporters Urge FG to slash Quarantine on Farm Produce Kasim Sumaina in Abuja The federal government has been urged to slash quarantine tariff on farm produce as a way to encourage exports of agricultural produce in the country. The call, made by exporters in the Airfreight business in Abuja, attributed the outrageous quarantine tariff under the Ministry of Agriculture as one major factor hampering the exports business in the nationâ€™s

capital. The forum appealed to government to address the bureaucratic tendency and the high tariff demanded by the Nigerian Agricultural Quarantine Service (NAQS), responsible for issuing clearance for agro exports/imports, issuance of certificate for the passage of agricultural plant products into or out of the country. Chairman, Airfreight forum, Mr. Sunday Akintunde, while speaking to the press recently

in Abuja, lamented that, the cost of exporting in Nigeria was too high which discourages exporters. He said exporters prefer to carry their goods to Ghana and export same with Ghana label to other parts of the world, thereby growing the Ghanaian economy. Akintunde, while enumerating the challenges, said: â€œone of the major problem is the cost of exporting cargo and any businessman that wants

to do business has an interest which is return on investment.â€? He added that, bureaucratic bottlenecks within government agencies, inspection agencies like those in charge of issuing form CCI (Certificate of Capital Importation) was nothing to write home about. Stating that government needs to review its policies, he noted that, â€œthere are a lot of bottlenecks, the world is changing, so much time is wasted

on Manuel documentation.â€? Similarly, Mr. Lanre Akerekan, from National Association of Government Approved Freight Forwarders (NAGAFF), said quarantine services charges N5,000 per kilo of any farm produce which was outrageous. According to him, â€œThe major goods that is exported out of Nigeria, majority of them are foodstuffs which is being regulated by quarantine service but their tariff now, one kilo is N5000 and you have a weight

of 200kg, if you multiple that 5000 by 200kg how much will it give you? â€œThe whole 200kg will not cost you more than 20,000 from the market especially in the case of yam, how much will you pay to now clear it.â€? He stated that this alone was one of the major challenges discouraging farmers from going into export business, â€œbecause you will end up paying so much charges without profit,â€? he lamented.

T H I S D AY ˾ TUESDAY APRIL 2, 2019

PROPERTY & ENVIRONMENT Ogun Builds Befitting Homes for Investors to Live in, Play,Thrive The Ogun State Property and Investment Corporation (OPIC) has used modern engineering to beat a naturally treacherous terrain at Isheri North, off the Lagos-Ibadan Expressway, where it built MTR Gardens, a sturdy high profile housing facility. The concept is to get people to invest in Ogun state, live, play and thrive there. Bennett Oghifo reports

his top-of-the-range MTR Gardens and others of its ilk like the Orange Valley Estate in Abeokuta, the mix-use New Makun City and the projects in Agbara Estate have put Ogun State ahead of others in housing delivery, thanks to OPIC, its private sector-driven housing development agency. The whole idea is to provide homes for every class of people working in Ogun State, particularly now that most savvy business promoters are taking advantage of the investmentfriendly environment in the state. Governor Ibikunle Amosun knew the people being lured to work in the state would need homes and fast too. So, he chose a professional housing developer, Mr. Babajide Odusolu as his Special Adviser and made him the Managing Director of OPIC, and nearly eight years after, most of the homes are ready for habitation and, interestingly, without the state spending a kobo. The first phase of the MTR Garden is ready and it has exquisite two and three bedroom flats, complete with BQ. Prospective buyers also have options of shell homes they can complete to their taste at their pace. The estate holds 150 units of three bedroom apartments in 25 blocks; and 36 units of two bedroom flats in three

blocks. The three-bedroom is on 176sqms while the two bedroom apartment is on 78sqms; good space within and outside for parking and recreation. Owners of three bedroom apartments have three parking spaces and the two bedroom apartments have two parking spaces. There is water in the estate and it is good to drink because it is extracted 520 metres deep within the earth crust and it comes out hot and fresh. It is redistributed effortlessly using unbreakable pipes to reservoirs in each block. Buying apartments in the estate has been made flexible with payment made in installment and buyers/owners can move in after achieving 50 per cent payment. There is mortgage for those who want to take that route. A two bedroom flat is N24 million and three bedroom N32 million and the shell of both hang low. The Managing Director of OPIC, Babajide Odusolu said they had an elaborate plan of what they wanted to achieve when they stated about eight years ago. The MTR Garden, he said was a major statement and that it was conceived in 2015 when the community where it was built told the governor they wanted some sort of reprieve from the ugly environment and from those dark figures who take undue advantage of it. The governor sent Odusolu to see what could be done and he

came up with the possibility of having an MTR Garden estate there and the community could not understand when they were told what the government intended to do with the swamp. But now, the good part is that the estate is there, standing on dry ground. Odusolu said the sludge that was in the swamp was excavated and the soil was replaced and stabilised, and to keep the land dry, a huge drain was constructed to transport water to the river close by. They are building over 1.5 kilometers of road network in the neighbourhood to increase the value of their property and it has been successful, he said. “When we started this project, property values were around N20,000 per sqm and that is probably because of its closeness to Lagos, but now you’ll struggle to find a property of N100,000 per sqm here, and a large chunk of it is because we have brought a lot of infrastructure and modernisation that has changed the environment. “The whole essence of MTR Gardens is to show the new face of Ogun State. The fact that the state is ready to compete favourably with the very best that Lagos State had to offer in quality living.” They stated this development from Abeokuta, the state capital, with Orange Valley Estate and people wondered who was

Homes in MTR Garden

going to buy the high profile homes. “We did Orange Valley in 2013, 2014 and it was hugely successful, and we went to Agbara where we did a lot of road improvement, about 20 kilometre of road infrastructure/ urban renewal mainly.” He said they thought it was necessary to address the needs of a lot of people who work in

multinationals and live in Ogun state, adding that they have been able to do this with MTR Gardens that “was designed to have almost the same scale of what you have in 1004 Estates in Victoria Island, Lagos, but without the stress and the pressures Lagos has.” The estate is powered through the national grid, generators

and will later have its own one megawatt IPP before the end of the year. The second phase will have 600 housing units and the third phase, which will be done concurrently with the second, will be a commercial city that has a mall and office block and it will be built at a strategic place where it can be used by even people outside the estate.

Cosgrove Gets NITP, COREN Commendation for CSR

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The Nigerian Institute of Town Planners and the Council of the Regulation of Engineering in Nigeria (COREN) has commended

an Abuja-based real estate development company, Cosgrove Investment Limited, for constructing a 1.5km access road to its estate

located opposite Maitama Ministers Hill, Abuja. Chief Executive Officer, Cosgrove, Mr. Umar Abdullahi said his organisation “constructed the road in exercise of its firm commitment to Corporate Social Responsibility,” adding that apart from providing all requisite infrastructure within the estate, the organisation also embarked on provision of off-site infrastructure in order to add value to the community, stating that availability of access roads are crucial to development of commerce in human society. These he said are factors that inspired the construction of the access road.

“If you launch a social bond aiming to create or maintain development in economically disadvantaged communities, you have to be able to report your results on that front,” he says. “Cosgrove is not only interested in financial returns but in performance as well.” Institutional stakeholders of the Nigerian built environment gave the commendation and unanimously agreed that the execution of capital intensive projects such as roads will add value to properties in the vicinity. The National President of the Nigerian Institute of Town Planners, Tpl Lekwa Ezutah said the initiative will

make it easy for residents to easily access the area, a factor he said will improve the development of commerce in the area. “There is no doubt that a developer who provides access road to his estate has done well because the effort will benefit the community,” he said, adding that the gesture will not go unappreciated by the community. Indigenous to Nigeria, Cosgrove is the construction industry giant which took the lead to develop the first set of super-smart estates in Nigeria’s Federal Capital Territory. The company has commenced the production of five hundred smart homes

in four smart estates within the FCT, with each home featuring the latest innovations in home automation, security and construction technique. Discussing the development, the President of the Council for the Regulation of Engineering in Nigeria, COREN, Engr Kashim Ali said it is a rare gesture of goodwill especially that only few estates would take it upon themselves to develop good roads, adding that developers who decide to provide roads as efforts in Corporate Social Responsibility must not fall below standard as has done by Cosgrove.

FG: Borehole Drilling Will Curb Lead Poisoning

Home Lottery Set to Make Many Landlords in Lagos

Olawale Ajimotokan in Abuja

Home Lottery Limited, owner of the Home Lottery brand, has announced that it is pioneering home lottery brand in Nigeria. Officials of the brand, in a statement recently, said its brand is associated with quality home lottery scheme that is synonymous with affordability. The company said it is set to make many people landlords in Lagos. “The motivation to source for the housing needs of over 23 million Lagosians

The Federal government has disclosed that the emphasis on borehole drilling across the nation is to address the perennial challenges of Lead poisoning by some communities in northern parts of the country. A Director in the Ministry of Agriculture and Rural Development, Daniel U.Udo made the revelation during the activities organised to mark the 2019 World Water Day in Abuja,

Udo described borehole as a safe and alternative source of water for government to explore. He added that aside curbing Lead contamination, by drilling borehole for underground water, many communities will also be saved from the risk of water borne diseases they are exposed to as a result of drinking surface water. “We place emphasis on deep well because the water is safe and portable. It addresses the Lead poisoning. The problem

of water borne diseases is also reduced,” Udo said. He added that another option government is developing is to provide mini-water treatment plants across the country. One of such mini-water treatment plants was commissioned in Suleija, Niger State to mark the World Water Day. Udo noted that there are about 34 mini-water treatment plants in vulnerable areas of the country that are prone to water borne diseases and Lead poisoning.

and 86 migrants per hour into the city is the brainchild of this concept,” the statement said. “According to the National Bureau of Statistics, Lagos has a short fall of 2.5millions homes which represents 14.7% of the total housing deficit of the country which stands at 17million as at 2016. “Home lottery limited is the solution to the craving need of making ownership of home affordable and accessible to every Nigerian starting with those in Lagos. Home lottery

plans to create homes to all segment of the population from the super-rich premium home owner’s city dwellers to the upwardly mobile suburban dwellers. “Home Lottery seeks to address this need by offering the opportunity to own a home in a most accessible and affordable way providing hundreds of homes annually through a credible, sustainable and trusted lottery scheme properties in Lagos developing to all over Nigeria.”

T H I S D AY ˾ TUESDAY APRIL 2, 2019

PROPERTY & ENVIRONMENT

Conservationists Walk for Niger Delta Red Colobus Monkey in Bayelsa Bennett Oghifo Conservationists have embarked on an awareness campaign to save from extinction the Niger Delta Red Colobus Monkey (Poliocolobus epieni) in Bayelsa State. The awareness campaign/ rally to drive the obvious need to protect and conserve the critically endangered Niger Delta Red Colombus monkey (Poliocolobus epieni) held at the city center of Yenagoa, Bayelsa state, recently. According to a statement by the leader, Dr. Mathew Dore, participants were drawn from all walks of life, including, but not limited, to the trained participants, the resource persons that trained the participants, forestry departments, ministry of environments, representatives from the three communities (Gbanraun, Apoi, and Kokologbene villages) – making a total of 342 participants. Participants arrived at the Ministry of Environment building for a pre-walk conference. All participants were made to congregate at the base floor of the Ministry of Environment at the early hours of 10 am. While the participants arrived, T-shirts and caps branded with the image and inscriptions emphasizing the awareness of the colobus monkeys were shared to all participants to be worn for the campaign. Additionally, banners, handbills, flyers, and stickers similarly branded were also shared to participants for

display. The campaign train was led through the major areas of the city center covering a total of about six kilometers on a stretch, starting from Ekeki Park to the Hospital junction. The attention of the populace and the target population was drawn by the mellifluous tones of sounds produced by the band, trumpets, and chants of songs from the participants. At the end of the awareness campaign, participants re-congregated at the base of the Ministry of Environment, where various branded campaign materials like the banners, caps, stickers, handbills, among others, were distributed in bags to the three communities for onward continuation of the campaign in their various towns and villages. In order to ascertain people’s knowledge and perception about the colombus monkey and its conservation status and techniques, the views and opinions of stakeholders were sought through direct interviews. The stakeholders cut across people from all walks of life and included the NGOs, the representatives of the villages, and professionals. According to Dimie Otobotekere that was with Mr. Powel who discovered this monkey, said: “I am one of the co-founders of the monkey. To me, this monkey is currently more important than the crude oil we are getting from Bayelsa because the crude oil will dry one day, but this particular monkey

will benefit, not just us immently, but also generations to come, when conserved very well. Some countries like Tanzania don’t even have a single oil, but the few things they have is what is building the economy of their country. “This monkey is found only in Bayelsa, yet we are playing with it – and because it will soon go on extinction considering its current status, it must be conerved and preserved. I went to the villages where this monkeys are found with some white men that came in company of their families. They payed heavily for that visit. People are killing these monkeys because they do not know the importance of this monkey, but am awrae that a time would come when the villages would be very impressed with the amount of money the commmunity would be making out of the monkey ecotourism.” Comrade Mathew, a representative from Gbanraun village added that “Since we have this encounter with this UNDP, the first information is that we should preserve this monkey and it is one of the 25 primates that exixts in the world. At the community level, we have put a law that no individual shuld go the areas we have these monkeys.” Chief Kamela Godpower, the Chief Council Chairman of Apoi community gave accounts on some of the efforts made so far at the rural level to preserve the monkey, said “The red colombus monkey (epieni) is found in Apoi, Kokologbebe, and Gbanraun

Niger Delta Red Colobus Monkey

communities. A white man from Canada came about 20 years ago and discovered the monkey. He said the monkey is only found in these three communities, and no where else in the whole world. They said we should preserve it because they would like to make it a tourist center. We have been going out for jingles to make sure that the timber, known as Abula, which the monkey feeds on should bw preserved equally. We have also been asking hunters not to kill it anymore because we

risk not having these monkeys anywhere in the world, if not conserved and preserved now.” On his advice to the community he said “At the community level, we have started with meetings with stahkeholders like the timber dealers and the hunters. I am also a timebr dealer and I decided to become an apostle of the call to preserve this monkey” Responding to the enquiry by the interviewer on whether they have plans to keep propagating this awareness at the rural areas where the killing of the monkeys are perpetrated most, the Direc-

tor of Forestry Department in Bayelsa state, Mr. Festus Egba said, “staff of Bayelsa State Ministry of Environment had gone to the communities to sensitize the people by holding town-hall meetings. There, we made them understand that just like the Kangaroo is only found in Australia, this monkey is only found in Bayelsa, Nigeria of all the whole countries of the world. On the part of the communities, they have promised to keep to the government’s plea and regulation to preserve the monkey.”

Africa Climate Week Signals Continent’s Huge Investment Opportunity Africa Climate Week in Accra, Ghana, got firmly underway with the commencement of the high-level segment at the capital’s Convention Center. Speaking at the Opening Ceremony — President of the Republic of Ghana, Nana Addo Dankwa Akufo-Addo; Minister of Environment, Science, Technology and Innovation; Prof. Kwabena Frimpong-Boateng; Mayor of Accra, Mohammed Adjei Sowah, COP24 President, Michał Kurtyka and UN Climate Change Deputy Executive Secretary, Ovais Sarmad – affirmed the need to foster cooperation from all countries and non-Party stakeholders globally to meet the 1.5C temperature goal inked in the Paris Agreement. The event takes place in the shadows of Cyclone Idai, which has hit Mozambique, Zimbabwe, and Malawi, af-

fecting more than 2 million people – a stark reminder of the moral imperative to act on climate change, which experts say is exacerbating such storms. Delegates attending the Climate Week – who number close to 3,000 – observed a one-minute silence for the victims of the catastrophe, which continues to devastate coastlines along Southern Africa. Media, policymakers and private sector representatives huddled into the Main Hall to welcome the President of the Republic of Ghana who said that, against the backdrop of the disastrous cyclone, Africa Climate Week must “provide more practical solutions to channel financial means towards national climate ambition.” The International Finance Corporation has already put a figure on the investment opportunity

of financing these solutions, estimating that the NDCs of 21 emerging market economies alone represents $23 trillion by 2030. The President – who is both the host of the event and an Ambassador for the Sustainable Development Goals (SDGs) – also used his keynote speech to underscore how “climate change is the biggest threat to the attainment of the whole development agenda.” This critical interlinkage between the climate and development agendas was a recurring theme throughout the course of Wednesday’s high-level activities – and echoed by many pan-African Ministers – but it was perhaps best expressed by the Mayor of Accra and C40 Chair, Mohammed Adjei Sowah, who said: “I am committing our city to a plan in line with the

goals of the Paris Agreement and, simultaneously, in line with the SDGs.” Acting as Master of Ceremonies during the Opening, Joselyn Dumas – a Ghanaian TV Host and Philanthropist – asked assembled speakers and guests to be mindful of future generations when considering their responsibilities to the environment: “When we neglect our environment, let us remember that we are denying many children the opportunity to a healthy, bright and happy future. Every child deserves a safe space to learn, play, grow and thrive.” However, the overriding message being heard at this Regional Climate Week, is that this ‘bright and happy future’ will be largely compromised without the proper financing, which also needs to be de-risked

to encourage flows of finance to the 54 African nations. There are some positive signals: the World Bank last week announced $22.5 billion over 2021-2025 in climate support in Africa – a commitment which acted as a precursor to their co-hosting of a ‘Carbon Pricing Day’ on the margins of the Africa Climate Week, highlighting how innovative policies and programs can mobilize climate investments, drive social benefits, and reduce carbon pollutions But as the Director of the UNEP DTU Partnership, John Christensen, pointed out during his closing remarks before the lunchbreak, “to attract private sector investments towards climate action projects, we need clear plans and clear ambition.” What this means is that, with the right enabling frameworks

in place, public finance can be used more strategically to attract private sector players and scaleup clean energy investment. This reality-check was softened somewhat with the launch of the Mohammed VI Prize for Climate and Sustainable Development – timed between the two main plenary events – which Deputy Executive Secretary of UN Climate Change, Ovais Sarmad, stated is a clear example of how “African leadership will benefit the whole world, leaving no one behind, in particular, the most vulnerable.” Africa Climate Week will conclude on Friday afternoon, where its outcomes will be presented to the Special Envoy for UN Climate Action Summit, Luis Alfonso de Alba, as critical input to the Secretary General’s event on 23 September.

AfDB Launches Pilot Phase of Adaptation Benefits Mechanism The public sector cannot provide enough finance to make African countries resilient to climate change impacts, and funding from the private sector is hard to come by. At the same time, many grassroot adaptation initiatives are being developed and some of these are making a big difference. The Adaptation Benefits Mechanism (ABM) is an innovative mechanism for mobilising new and additional public and private sector finance. It will create a new asset – certified

adaptation benefits, with a compliance value for the Paris Agreement, nationally determined contributions (NDCs) and the sustainable development goals (SDGs). On 21st March, 2019, in the margins of the Africa Climate Week in Accra, Ghana, the African Development Bank launched the pilot phase of the ABM. At the event, the Bank’s Director for Climate Change, Anthony Nyong, said “Innovative incentive mechanisms for adaptation

are needed to speed up the transition to a low-emissions, resilient and sustainable Africa”. The Bank has raised the share of adaptation finance from less than 30% in 2016 to 49% in 2018, in order to better respond to the needs of the African continent. Luc Gnacadja, former Minister of Environment of Benin, former Executive Secretary of the UNCCD and President of GPS-Dev said: “More than twenty-five years ago, when the United

Nations Convention on Climate Change was signed, nobody could guess that the private sector would have any appetite for investments in renewable energy and mitigation. Policy framework and incentives had to be set up to bring them on board. We are now in a similar situation for adaptation. To meet the Paris Agreement targets on climate finance and adaptation we need the same.” The project developers participating in the pilot phase are the International Agroforestry

Centre (ICRAF) in Côte d’Ivoire, Whave Solutions in Uganda, and the Center for Governance and Human Security Studies (CGHSS) in Rwanda. Ben Sheardown from Whave Solutions said “The residents of Uganda are already beginning to experience the effects of climate change. The services that Whave Solutions is offering to rural communities not only help them to become more resilient, but also to improve their health and livelihoods”. Andrew Rucyahana from

CGHSS said that as a social entrepreneur he wants to help vulnerable communities to adapt to climate change as well as earn a living from it. Amani Kouassi from ICRAF explained how the organization enables adaptation activities, not only between governments and the private sector, but also between local governments and vulnerable communities. He also said that the high interest rates of commercial banks were impeding private sector engagement.

T H I S D AY Ëž Ëœ Í°Ëœ 2019

BUSINESS/MONEYGUIDE

Nigerian Economy on Growth Path, Says Salami Ugo Aliogo The Chief Executive Officer, Kainos Edge Consulting, Dr. Doyin Salami, expressed confidence that the economy is on the path of growth, predicting that it will maintain the path throughout 2019. Salami, who disclosed this recently in Lagos, at an event with the theme: â€˜Post-Election Economic Outlook: Positioning to win,â€™ said the outlook of the economy outlook was much brighter now than couple of months, before the election. â€œI am clear that the outlook is much brighter now than it was a couple of months ago, before the election,â€? he noted. The economist, however, explained that the countryâ€™s short to medium term outlook would be largely determined by the quality of the cabinet and policies to

be adopted by the president by the middle of the year, â€œas well as international economic forces, including the value of the US dollar and Chinese growth.â€? In her welcome address, the Managing Director, Leadway Pensure, Aderonke Adedeji, who was represented by the Executive Director, Lanre Idris, noted that the event was borne out of the need to look at Nigeriaâ€™s post-election economy in a bid to adequately consider where the opportunities lie for businesses and how to better position for them. According to her, â€œWe all are very much interested in ensuring that the economy thrives. The general elections are now over; and I want to believe that we are all appreciative of the relative peace in the land, contrary to speculations in some quarters. We can now focus on moving the economy forward.

â€œAt Leadway Pensure, we understand the pressures of operating in an uncertain environment and the impact it has on businesses and indeed our lives as individuals and that is why we have organised this event as part of our commitment to help our stakeholders get more out of life. â€œWe are not only focused on your retirement future but also very importantly, we are paying very close attention to your progress today. The product was designed to put individuals in control of their future and provide a clear and measurable path to financial freedom.â€? Speaking on the new retirement simulator, Adedeji said it was imperative to help the Nigerian public take control of their future by providing a simple and smart solution that can help them measure their ways to financial freedom.

FCMB Records N177.4bn Revenue, 73% Profit Growth The FCMB Group Plc has released its financial results for the year ended December 31, 2018, which showed a gross revenue of N177.4 billion. This represented an increase of 4.3 per cent, compared to the N169.9 billion recorded same period in 2017. In addition, profit before tax (PBT) rose by 73 per cent to N18.4 billion as against N11.5 billion in the preceding year. Owing to this, the financial institution has recommended a dividend of 14 kobo per share to shareholders. The Group, a holding company divided along three business groups; Commercial and Retail Banking (First City Monument Bank Limited, Credit Direct Limited, FCMB (UK) Limited and FCMB Microfinance Bank Limited); Investment Banking (FCMB Capital Markets Limited and CSL Stockbrokers Limited) as well as Asset & Wealth Management (FCMB Pensions Limited, First City Asset

Management Limited and CSL Trustees Limited) also reported appreciable growth in key operating areas going by the audited results. According to a statement, net interest income as at the end of 2018 rose by three per cent year-on-year (YoY) to N72.6 billion. In demonstration of the enhanced confidence of customers in FCMB, deposits also increased by 19 per cent year-on-year to N821.7 billion, while loans and advances stood at N633 billion. Total assets went up by 21 per cent year-on-year, to N1.43 trillion, just as capital adequacy ratio was 15.9 per cent. The statement added: â€œthe Commercial and Retail Banking Group (which includes First City Monument Bank Limited, Credit Direct Limited, FCMB (UK) Limited and FCMB Microfinance Bank Limited) grew its profits by 76 per cent, driven by improved performance in

retail lending and increase in fees and commissions. Our banking franchise continued to grow as reflected by a 19 per cent in deposits and our customer base also grew by 20 per cent to 4.8 million customers.â€? The Group further reported that, â€œthe pre-tax profits of our Investment Banking businesses (FCMB Capital Markets Limited and CSL Stockbrokers Limited) grew by 18 per cent in 2018. This performance was driven by higher conversion of our investment banking deal pipeline as well as cost efficiency. â€œOur stockbroking business also maintained its position as a top-tier player in its sector. Our Asset & Wealth Management businesses (FCMB Pensions Limited, First City Asset Management Limited and CSL Trustees Limited) increased combined assets under management by 24 per cent to over N310 billion.â€?

Wema Bank Posts N4.8bn Profit Wema Bank Plc has released its audited financial results for the full year ended 31 December, 2018, which showed that the bankâ€™s profit tax grew by 59 per cent to N4.8 billion, up from N3.01 billion the previous year. The results also showed that the Wema Bank Group recorded gross earnings of N71.53 billion, which was a 9.6 per cent increase over the 2017 figure. Its profit after tax also climbed to N3.33 billion in the year under review, up from N2.26 billion in 2017. The growth resulted from a 8.59 per cent increase in interest income and a 13.95 per cent increase in non-interest income. The bank also recom-

mended to its shareholders a dividend payout for the first time in 14 years as it has proposed a dividend of three kobo per share in line with the board approved dividend policy. In the year under review, the bank continued to improve on its deposit mobilisation while at the same time working down its cost of funds. â€œALAT (Nigeriaâ€™s first fully digital Bank) launched in May 2017 has improved the bankâ€™s retail liabilities and customer base as the bank now onboards over 1,000 new customers daily on the digital platform and continues to grow its partnership profiles. â€œThe digital bank continued to receive several accolades in 2018, including

the World Finance Awards for Most innovative Bank Africa and the Asian Banker Awards for Best Digital Bank Africa,â€? a statement explained. Commenting on the results, the Managing Director/CEO, Ademola Adebise said: â€œOur vision is to get ALAT to become the premier digital platform in Nigeria. This will be driven by our expertise in the Digital space and our retail partnerships.â€? Wema Bank recorded other notable achievements during the year. These include its successful tier-2 capital raising of N17 billion, even as it retained its Investment grade ratings from Fitch, GCR and Agusto.

L-R: Director Engineering, Accident Investigation Bureau (AIB), Lagos, Engr. Mohammed Wali; President, National Association of Aircraft Pilots and Engineers (NAAPE), Mr. Abednego Galadima and Director, Operation and Training, Nigerian Civil Aviation Authority (NCAA), Capt. Abdullahi Sidi, during an Aviation Stakeholdersâ€™ Safety Workshop organised by NAAPE in Lagos ...recently

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 Ëœ Í°Íś Í°ÍŽÍŻÍˇ

The price of OPEC basket of fourteen crudes stood at $67.23 a barrel on Friday, compared with $66.38 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 ˾ ˜ Ͱ˜ Ͱͮͯͷ

MARKET NEWS

Access Bank Lists M15bn Green Bond on FMDQ OTC, NSE Goddy Egene Access Bank Plc yesterday listed its N15 billion Green Bond on the FMDQ OTC Securities Exchange and the Nigerian Stock Exchange (NSE). The Bond is the first of its kind to be issued by an African corporate and represents a major milestone in the development of the local green finance market. It is a 5-year 15.5 per cent Fixed Rate Senior Unsecured Green Bond

due 2024. Speaking on the occasion of this landmark listing, the Group Managing Director/CEO of Access Bank Plc, Herbert Wigwe, said: “At Access Bank we are a pioneer in both domestic and international capital markets, leading the way with our commitment to sustainable banking. We hope that this bond issuance inspires other African companies to support the long-term development of the green finance

P R I C E S MAIN BOARD

F O R DEALS

market whilst simultaneously realising the growth potential of the fast-developing low carbon economy.” Speaking on the listing, Associate Executive Director, Capital Markets, FMDQ, Ms. Tumi Sekoni, congratulated the issuer for the successful issue of the pioneer Climate Bond Certified Green Bond in the Nigerian DCM. According to her, the green bond would help address climate and environmental challenges in a

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

QUANTITY TRADED

VALUE TRADED ( N )

sustainable manner to deliver prosperity for Nigerians and further deepen the domestic DCM by increasing the range of investible debt securities in the markets, invariably contributing to Nigeria’s development. She reiterated FMDQ’s commitment to continue to create awareness and drive education for green financing, thereby facilitating the development of the green bond market in Nigeria. Also speaking, Managing

T R A D E D MAIN BOARD

A S

Director, Chapel Hill Denham Advisory Limited, sponsor of the issue the registration member (Listings) of FMDQ, Mrs. Kemi Awodein, said “Chapel Hill Denham is proud to have acted as lead arranger and financial adviser to Access Bank on Nigeria’s and Africa’s first climate bond. “This is another first-of-a-kind deal for both Access Bank and Chapel Hill Denham, and this demonstrates our leadership in debt capital market innovation

O F

and our commitment to doing work that delivers positive impact for Nigeria’s future. A commitment to advancing sustainable development goals is imperative in Nigerian and debt markets provide us many solutions,” he said. On its part, the NSE said will continue to provide a unique platform to support both the federal government and businesses to access capital for sustainable initiatives.

2 9 / 0 3 / 2 0 1 9 DEALS

MARKET PRICE

QUANTITY TRADED

VALUE TRADED ( N)

T H I S D AY Ë¾ TUESDAY APRIL 2, 2019

TUESDAY, APRIL 2, 2019 ˾ T H I S D AY

MARKET NEWS

Access Bank Lists M15bn on FMDQ OTC, Nigerian Stock Exchange Goddy Egene

Bond due 2024. the green finance market whilst Speaking on the occasion of simultaneously realising the Access Bank Plc yesterday listed this landmark listing, the Group growth potential of the fastits N15 billion Green Bond on the Managing Director/CEO of Access developing low carbon economy.” Speaking on the listing, FMDQ OTC Securities Exchange Bank Plc, Herbert Wigwe, said: and the Nigerian Stock Exchange “At Access Bank we are a pioneer Associate Executive Director, (NSE). The Bond is the first of its in both domestic and international Capital Markets, FMDQ, Ms. kind to be issued by an African capital markets, leading the Tumi Sekoni, congratulated corporate and represents a major way with our commitment to the issuer for the successful milestone in the development of sustainable banking. We hope that issue of the pioneer Climate the local green finance market. this bond issuance inspires other Bond Certified Green Bond in It is a 5-year 15.5 per cent Fixed African companies to support the Nigerian DCM. According to her, the green Rate Senior Unsecured Green the long-term development of A Mutual fund (Unit Trust) is an investment floor of the Nigerian Stock Exchange vehicle managed by a SEC (Securities and A REIT (Real Estate Investment Trust) is an Exchange Commission) registered Fund Manager. investment vehicle that allows both small and Investors with similar objectives buy units of the large investors to part-own real estate ventures (eg. Fund so that the Fund Manager can buy securities Offices, Houses, Hospitals) in proportion to their that willl generate their desired return. investments. The assets are divided into shares that An ETF (Exchange Traded Fund) is a type are traded on the Nigerian Stock Exchange. of fund which owns the assets (shares of stock, bonds, oil futures, gold bars, foreign currency, GUIDE TO DATA: etc.) and divides ownership of those assets into Date: All fund prices are quoted in Naira as at 29shares. Investors can buy these ‘shares’ on the Mar-2019, unless otherwise stated

bond would help address climate development of the green bond and environmental challenges in market in Nigeria. a sustainable manner to deliver Also speaking, Managing prosperity for Nigerians and Director, Chapel Hill Denham further deepen the domestic Advisory Limited, sponsor of the DCM by increasing the range issue the registration member of investible debt securities in the (Listings) of FMDQ, Mrs. markets, invariably contributing Kemi Awodein, said “Chapel to Nigeria’s development. She Hill Denham is proud to have reiterated FMDQ’s commitment acted as lead arranger and to continue to create awareness financial adviser to Access Bank and drive education for green on Nigeria’s and Africa’s first financing, thereby facilitating the climate bond. 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.

“This is another first-of-a-kind deal for both Access Bank and Chapel Hill Denham, and this demonstrates our leadership in debt capital market innovation and our commitment to doing work that delivers positive impact for Nigeria’s future. A commitment to advancing sustainable development goals is imperative in Nigerian and debt markets provide us many solutions,” he said.

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 159.15 159.85 0.70% Afrinvest Plutus Fund 100.00 100.00 8.11% Nigeria International Debt Fund 283.69 284.61 4.00% ALTERNATIVE CAPITAL PARTNERS LTD info@acapng.com Web: www.acapng.com, Tel: +234 1 291 2406, +234 1 291 2868 Fund Name Bid Price Offer Price Yield / T-Rtn ACAP Canary Growth Fund 0.85 0.86 1.25% ACAP Income Funds 0.63 0.63 12.75% 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 14.02% AIICO Balanced Fund 2.28 2.31 2.92% ARM INVESTMENT MANAGERS LTD enquiries@arminvestmentcenter.com Web: www.arm.com.ng; Tel: 0700 CALLARM (0700 225 5276) Fund Name Bid Price Offer Price Yield / T-Rtn ARM Aggressive Growth Fund N/A N/A N/A ARM Discovery Fund N/A N/A N/A ARM Ethical Fund N/A N/A N/A ARM Money Market Fund N/A N/A N/A AXA MANSARD INVESTMENTS LIMITED investmentcare@axamansard.com Web: www.axamansard.com; Tel: +2341-4488482 Fund Name Bid Price Offer Price Yield / T-Rtn AXA Mansard Equity Income Fund N/A N/A N/A AXA Mansard Money Market Fund N/A N/A N/A 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 13.64% Paramount Equity Fund 12.09 12.19 2.36% Women's Investment Fund 105.52 106.09 1.85% 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 13.16% Cordros Milestone Fund 2023 101.19 101.32 Cordros Milestone Fund 2028 101.85 102.42 CORONATION ASSEST MANAGEMENT investment@coronationam.com Web:www.coronationam.com , Tel: 012366215 Fund Name Bid Price Offer Price Yield / T-Rtn Coronation Money Market Fund N/A N/A N/A Coronation Balanced Fund N/A N/A N/A Coronation Fixed Income Fund N/A N/A N/A EDC FUNDS MANAGEMENT LIMITED mutualfundng@ecobank.com Web: www.ecobank.com Tel: 012265281 Fund Name Bid Price Offer Price Yield / T-Rtn EDC Nigeria Money Market Fund Class A N/A N/A N/A EDC Nigeria Money Market Fund Class B N/A N/A N/A 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 1,238.91 1,239.77 4.51% FBN Heritage Fund 145.72 146.96 1.61% FBN Money Market Fund 100.00 100.00 14.14% FBN Nigeria Eurobond (USD) Fund - Institutional 116.93 117.27 2.67% FBN Nigeria Eurobond (USD) Fund - Retail 116.90 117.24 2.90% FBN Nigeria Smart Beta Equity Fund 150.25 152.44 0.17% FIRST CITY ASSET MANAGEMENT LTD fcamhelpdesk@fcmb.com Web: www.fcamltd.com; Tel: +234 1 462 2596 Fund Name Bid Price Offer Price Yield / T-Rtn Legacy Equity Fund 1.20 1.22 -1.35% Legacy Debt Fund 3.34 3.34 2.88% Legacy USD Bond Fund 1.04 1.04 1.16% 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 3,005.53 3,038.29 0.75% Coral Income Fund 2,844.82 2,844.82 3.86% 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 N/A N/A N/A Nigeria Entertainment Fund N/A N/A N/A 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 11.98% Vantage Balanced Fund 2.18 2.21 1.48% Vantage Guaranteed Income Fund 1.00 1.00 15.40% Kedari Investment Fund (KIF) 124.75 124.99 -0.12%

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 1.17 1.19 2.08% Lotus Halal Fixed Income Fund 1,104.01 1,104.01 3.18% 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 11.44 11.54 -0.54% Meristem Money Market Fund 10.00 10.00 11.20% 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 7.66% PACAM Fixed Income Fund 12.37 12.42 1.35% PACAM Money Market Fund 10.00 10.00 14.10% 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 125.96 126.63 4.37% 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 1.03 1.03 3.32% 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 2,383.71 2,397.62 3.01% Stanbic IBTC Bond Fund 197.50 197.50 3.87% Stanbic IBTC Ethical Fund 0.97 0.98 2.63% Stanbic IBTC Guaranteed Investment Fund 254.19 254.22 2.84% Stanbic IBTC Iman Fund 166.89 168.73 2.29% Stanbic IBTC Money Market Fund 100.00 100.00 13.00% Stanbic IBTC Nigerian Equity Fund 8,602.12 8,498.39 0.12% Stanbic IBTC Dollar Fund (USD) 1.12 1.12 1.49% UNITED CAPITAL ASSET MANAGEMENT LTD unitedcapitalplcgroup.com Web: www.unitedcapitalplcgroup.com; Tel: +234 803 306 2887 Fund Name Bid Price Offer Price Yield / T-Rtn United Capital Balanced Fund N/A N/A N/A United Capital Bond Fund N/A N/A N/A United Capital Equity Fund N/A N/A N/A United Capital Money Market Fund N/A N/A N/A United Capital Eurobond Fund N/A N/A N/A United Capital Wealth for Women Fund N/A N/A N/A QUANTUM ZENITH ASSET MANAGEMENT & INVESTMENTS LTD service@quantumzenithasset.com.ng Web: www.quantumzenith.com.ng; Tel: +234 1-2784219 Fund Name Bid Price Offer Price Yield / T-Rtn Zenith Equity Fund 11.10 11.26 5.39% Zenith Ethical Fund 12.20 12.33 2.01% Zenith Income Fund 21.40 21.40 11.05% Zenith Money Market Fund 1.00 1.00 11.47%

REITS NAV Per Share

Yield / T-Rtn

5.95 119.47 52.08

-39.35% 1.48% 0.66%

Bid Price

Offer Price

Yield / T-Rtn

10.66 112.94 88.92

10.76 115.34 90.57

1.00% -3.72% 0.28%

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

4.02 7.07 14.53 12.30 153.22

4.06 7.15 14.63 12.50 155.22

0.49% -7.14% -2.82% -0.50% 6.70%

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.

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

INTERNA TIONAL

UK Lawmakers Discuss Halting Brexit after Petition Hits Six Million British lawmakers on Monday debated halting Brexit after a record six million people signed a petition to revoke the process that set Britain on

course to leave the European Union. Britons voted to leave the EU by 52 per cent to 48 per cent in 2016.

Algerian President Bouteflika Resigns amid Mass Protest Algerian President Bouteflika has resigned, bowing to mass protest, Algeria’s state news agency APS reported on Monday. He will give up his office before his designated end-of-term date on April 28. The decision came after hundreds of people demonstrated in Algiers against Bouteflika’s new government. Protesters carried slogans describing the new cabinet as “a blow to the people’s demands.” Bouteflika, who has faced mass protest against his rule for over a month, had maintained his position as defence minister in the caretaker government that was revealed on Sunday. The government, headed by Noureddine Bedoui, composed of 27 ministers, including six members of the former cabinet. Bouteflika kept as military chief of staff the powerful Gen. Gaid Saleh, who earlier this week called for the president to be declared unfit for office

on health grounds. Media report says Bouteflika’s resignation means there will now be a transitional phase. The opposition Labour Party had described the new cabinet as a new face for an old government. “It is unclear on what basis these figures were chosen,” the party said in a statement. The party said “the so-called new government” aims to ensure “the continuity of the regime and the repressive presidential system rejected by the overwhelming majority.” Former prime minister and opposition politician Ali Benflis had also criticised the move, saying “it is authoritarian practice that provokes the people.” In March, Bouteflika appointed Bedoui, a former interior minister, as prime minister after the ailing president renounced a bid to run for a fifth term in office after mass street protests.

While the following year, British Prime Minister Theresa May gave notice of the intent to leave the bloc on March 29 under Article 50 of the EU’s Lisbon Treaty. However, May has failed on three occasions to pass her EU Withdrawal Agreement, forcing a delay to Brexit till April 12, leading to call for the whole divorce to be cancelled altogether. The online petition to revoke Article 50 took off after a speech when May said that she was on the side of the

British public over Brexit. Its website repeatedly failed as it garnered as many as 2,000 signatures a minute. “This petition has been supported by an unprecedented number of people, although it is not surprising because we live in unprecedented times,” Catherine McKinnell, an opposition Labour lawmaker, said as she introduced the debate. The debate is largely symbolic and did not take place in the main chamber of the House of Commons, where

discussions on alternatives to May’s Brexit plan were taking place. Petitions on the government’s website are debated after they reach 100,000 signatures and the government must respond to all petitions with more than 10,000 names. “This government will not revoke Article 50. “We will honour the result of the 2016 referendum and work with parliament to deliver a deal that ensures we leave the European Union,” the government said in response

to the petition. The revoke petition is the largest parliamentary one ever; beating the 4.15 million signatures for a 2016 petition which called for another EU referendum in the event that neither remain nor did leave camps achieve 60 per cent of the vote. Over 1.8 million people signed a petition calling for U.S. President Donald Trump to be prevented from making a state visit to Britain, leading to a debate in parliament in 2017.

US Top Court Rules Death Row Convicts Not Guaranteed ‘Painless Death’ United States Supreme Court ruled that those sentenced to death in the country’s justice system do not enjoy a legal right to die without pain, in the case of a person with a rare disease. The opinion issued on Monday by the Supreme Court was decided 5 to 4, with the conservative majority winning out. This means the constitutional prohibition on “cruel and unusual” punishment methods still restricts types of capital punishment that would be akin to torture. The majority decision noted that hanging, for example, was ruled as a legal form of capital punishment, even though it is not painless. Russell Bucklew, on death row for a 1996 murder, faces lethal injection in Missouri and had appealed against this method

being used. In his appeal to the court, Bucklew argued that the injection would cause unique pain because he suffers from a medical condition known as Cross River State Governor, Professor Ben Ayade (right), with the Norwegian Ambassador to Nigeria, Jens-Petter Kjemprud, during a courtesy call on the governor in his office in Calabar...recently cavernous hemangioma. He argued the injection would interact with his tumours and cause additional pain. He asked to be put to death The company said it had by nitrogen gas, though the The British government will for 1,200 inmates, built in the towards staff and fellow already made full provisions court noted this method is from July 1 permanently 19th century, was deemed prisoners,” Petherick said. The crisis is the latest for future operating losses as a not used in Missouri or any take over the running of then by the Chief Inspector Birmingham Prison from of Prisons, Peter Clarke, to challenge in Britain’s result of the contract in its 2018 other state. Neil Gorsuch, the judge who private operator G4S, after be operating in `squalid’ outsourcing sector after the accounts, without providing collapse of contractor Carillion a figure. wrote the majority opinion, inmate violence made the conditions. “The transfer on a permanent increased scrutiny of the In August, Clarke said indicated it was not clear this prison unmanageable. method was in any event less G4S Prison Services Manager basis is in the best interest of government’s long practice Birmingham had deteriorated painful. Jerry Petherick, said that the the company and its staff. of tendering public services dramatically in the previous 18 The federal government and government took control from “Birmingham is an inner-city to private sector operators. months, with filthy conditions, the military, in addition to most G4S, the world’s largest security remand prison, which faces Report says G4S operates staff locking themselves in states, have laws allowing for company, last summer. exceptional challenges including another four major British offices and prisoners openly capital punishment in specific “The Central England prison high level of prisoner violence prisons. using drugs. cases, usually related to firstdegree murder.

DIPLOMATIC VISIT ...

Britain to Take over Birmingham Prison Permanently from G4S

Severe Thunderstorm in Nepal Leaves 25 Dead, Hundreds Injured Over two dozen people were killed in a severe thunderstorm that swept through parts of Southern Nepal and hundreds more were injured, police and officials said on Monday. Nepal’s Prime Minster K.P. Sharma Oli in a tweet said 25 people had been killed, and about 400 were injured. “Helicopters have been kept ready for immediate rescue and relief,” Oli said in his post. He offered condolences to the families of the victims. Rajesh Paudel, the top bureaucrat of Bara district, where the storm hit, said the death toll may increase as rescuers were still trying to reach many of those affected.

Bara is located about 62 km South of Kathmandu, and borders India’s Eastern state of Bihar. Pre-monsoon thunderstorms are common in Nepal during the spring season, although are rarely of an intensity that causes high casualties. Police officer Sanu Ram Bhattarai said rescue teams had been dispatched to the affected villages, however reaching the victims was difficult at night. Television channels said the storm and accompanying heavy rainfall, uprooted trees and electric and telephone poles, crushing some people to death.

Hungarian Parliament Passes New Law to Promote Larger Families The Hungarian parliament on Monday, passed a new law designed to encourage more people to have children by offering them interest-free loans and tax incentives. Under the measures, announced by Prime Minister Viktor Orban in February, married couples where the woman was under 40 could

receive an interest-free loan of 10 million forints (35,000 dollars). According to the prime minister, at least one of the spouses must be employed, and both must have no criminal record and no tax liability. “Repayment of the loan will be suspended for three years

on the birth of their first child. “After the second child, one third of the loan will be waived, and after the third, the entire loan will be written off. “However, if the couples do not have a child within five years, they must pay interest retroactively,’’ Orban stressed. At the vote, it was not only the governing Fidesz party

that voted for the law, but also a clear majority of the opposition. On launching the policy in February, Orban said the solution to Hungary’s declining birth rate was not migration; and persuaded people to have more children. Hungary’s birth rate in 2016 was 1.45 children per couple.

Jailed Russian Rights Activist Titiev Jettisons Appeal Jailed Russian human rights activist Oyub Titiev is refraining from submitting an appeal of his drug conviction, his organisation said on Monday. “Titiev should be able to petition for conditional early release in May, after being in custody for already a third of

his sentence,’’ the Memorial Human Rights Centre said in a statement. The 61-year-old, detained last year during a traffic stop, was convicted last month for marijuana possession and sentenced to four years in prison. His supporters, however, said

he was framed. Titiev had headed Memorial’s operations in Russia’s restive Chechnya region. His predecessor, Natalya Estemirova, was murdered in 2009. Titiev was awarded the Council of Europe’s annual

Vaclav Havel Human Rights Prize in absentia in 2018. “Titiev has made a widely recognised contribution to the defence of human rights in the region by reporting on abuses by local authorities,’’ the council’s parliamentary assembly had said.

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

NEWSEXTRA

NAF Special Forces Kill Five Bandits in Zamfara Army to convert Sambisa Forest to tourist centre Kingsley Nwezeh in Abuja Special Forces of the Nigerian Air Force (NAF) yesterday killed five bandits after a fierce gun duel in Zamfara State as supporting jet fighter and attack helicopters chased fleeing bandits into the forests in Gusau Local Government Area, strafing their camps. The attack also led to the rescue of two women and a child kidnapped by the criminals. The attack is coming as the Chief of Army Staff, Lt. General Tukur Buratai, said the Nigerian Army has concluded plans to establish a tourist centre in

Sambisa Forest, a former enclave of terrorists in Borno State. A NAF update on the war against armed banditry in Zamfara said the special forces operating in Zamfara State repelled attacks by armed bandits who attempted to invade Hayin Mahe and Hayin Kanawa villages in Gusau LGA of the state. “The operation was conducted sequel to intelligence reports indicating that the bandits, who operate from Sububu and Kagara forests, had attacked the villages and kidnapped some of its inhabitants. The timely response of the Special Forces

(SP) team resulted in a gun duel with the bandits who eventually fled into the forest. “The gallant NAF SF personnel pursued the bandits into the forest, overpowering them and neutralising five bandits, while many others were observed to have run away with various gunshot wounds. Three AK-47 rifles with magazines were recovered in the process. “Some villagers, who were kidnapped by the fleeing bandits, including two women and a child were freed and handed over to the District Head of Mada Town,” said

No Conflict Between Oshiomhole, Amaechi, APC Reassures Onyebuchi Ezigbo in Abuja The All Progressives Congress (APC) has said that there is no row between its National Chairman, Adams Oshiomhole and the Minister of Transportation, Rotimi Amaechi, as was being insinuated by a section of the media. In a statement issued yesterday by its National Publicity Secretary, Mallam Lanre Isa-Onilu, APC described as mischievous, the attempt to misrepresent Oshiomhole’s statement that National Working Committee (NWC) did not have any formal alliance with African Action Congress (AAC). “Our attention has been

drawn to some reports in the media purporting a disagreement between the National Chairman of the All Progressives Congress (APC), Adams Oshiomhole and the Minister of Transportation, Rotimi Amaechi over the alignment of the Rivers State APC with the governorship candidate of the African Action Congress (AAC), Awara Biokpomabo. “It is regrettable that the APC National Chairman’s statement is being twisted to suit a jaundiced narrative. This narrative is at best, mischievous, pedestrian and should be disregarded,” the statement explained. It said the APC chairman’s statement is unambiguous to

the effect that the party’s National Working Committee (NWC) does not have any formal alliance with AAC. “This is without prejudice to any local arrangement that may exist. Both Oshiomhole and Ameachi are above the petty insinuations being orchestrated by a section of the media. Like many leaders of the party, APC National Chairman, Oshiomhole and the Minister of Transport, Amaechi enjoy cordial relationship and do share mutual respect; therefore, deliberate misinterpretation of issues and statements from the party or between the two of them would continue to fail,” the party added.

I was Not Arrested, Adamu Clarifies Businessman, Mike Adamu has denied being arrested or detained by the Nigerian Police over a purported court order. Adamu who is the Chief Executive Officer of Reform Sports West Africa Limited and son of former Director-General, National Sport Commission, Amos Adamu, made this clarification in a statement he issued on Sunday. The clarification became necessary following reports that Adamu had been detained based on the order of a Magistrate Court in Mpape, Abuja. In the statement, Adamu vowed to pursue the matter to a logical legal conclusion.

He said it was said that newspapers and news platforms that are supposed to be mediums of truth have allowed themselves to be avenues peddling falsehood. “I was never arraigned nor remanded in the custody of the Police Intelligence Response Team, prison custody or any other custody whatsoever till April 1, 2019 or any other date. The said publication is false, smirks of cheap blackmail and desperate attempt by the purveyors of this false report. I have had series of meetings with friends, associates and business partners at various times and places within this week and

even till this moment,” he explained. “It is unfortunate that a simple business misunderstanding with NSIL Ltd. will lead to falsehood and an attempt to tarnish my name, that of my companies and my extended family by willing newspapers and platforms,” he added. “In view of the damage done to my hard earned reputation by this, I am consulting with my lawyers and will do everything within the ambit of the law to ensure that everyone involved in peddling and publishing this falsehood face the consequences of their unlawful actions,” he said.

Del-York Academy to Hold Media Training Programme in Lagos The Del-York Creative Academy (DCA) has announced a training programme on film and media in Lagos between May 10 and June 10, with 20 prolific instructors from major Hollywood studios and premier United States film schools. A statement sent to THISDAY, stated that participants would enjoy an extensive menu of courses including directing, screenwriting, editing, acting, sound design and scoring, music video production, broadcast journalism costume and set design, make-up and special effects, cinematography and set lighting , colouring and grading, producing, the business of film making, introduction to theater, production design, animation

design and drone technology. Home to over 1, 200 successfully-trained alumni exporting notable contributions in the contemporary film and broadcast industry, the academy has stood the test of time for over a decade as Africa’s premier filmmaking and media training hub. The statement added that the academy kicked off its first edition on a historical note, partnering with the most notable capacity-building institution in the world, based in New York. “Five editions later, she stands alone as the Del-York Creative Academy, poised to spur an educational-reform and transform the world of media education by replacing classroom

theory with a “vocational/ hands-on approach to learning.” Also, in a bid to empower the next generation, 500 of Africa’s most talented creative disruptors will be selected from across the continent: Nigeria, Cameroon, Ghana, South Africa, Gambia, Rwanda, Kenya, Ethiopia, Chad, Morocco, and other African nations, will be groomed under Project 500. As part of their final projects, selected participants will partner with international media partners to curate original feature films, documentaries, skits, short videos, television commercials, and video content to spearhead a social intervention agenda across Africa.

the NAF statement. The update further disclosed that “in a follow-up operation, the NAF SF Team returned to the communities to prevent reprisal attacks by the criminals as well as reassure the populace of their safety. The team, supported by a NAF Alpha Jet and attack helicopters, tracked the fleeing armed bandits to their hideouts within Sububu Forest. “The Alpha Jet successfully attacked the armed bandits’ camps while the helicopters scanned the environs for fleeing elements. The local populace

was seen expressing confidence by cheering at the helicopters overhead their communities”. Meanwhile, the Nigerian Army has launched “Operation Ex Harbin Kunama IV” in Zamfara State. Buratai, who spoke at the Army Headquarters, Abuja at a seminar on “Regimentation and Combating Security Challenges Associated with Forests and Protected Areas at the Army Headquarters, said the “exercise will later dovetail into real time operation. This exercise will involve large scale employment of personnel

and logistics movement to cover Suburu, Kagara, Gando, Dumburum forests in Katsina, Sokoto and Zamfara States, respectively. “The aim is to flush out bandits and insurgent groups from some identified forest areas. The Exercise/Operation will be intelligent-driven and highly mobile in nature while integrating other security agencies and collaborating with paramilitary organisations to enhance the posture of the troops and the successful conduct of the operation.”

Nigerians Urged to Improve Reading Culture Ugo Aliogo Nigerians have been urged to play a role in improving reading culture and patronage of Information and Communication Technology (ICT) resources centres in order to drive academic growth in the country. The advise was given at the 75th birthday of Gen. Oladipo Diya, with the theme: ‘Community Libraries in the promotion of education,’ by the National Librarian, Prof. Lenrie Aina, who was represented by the Deputy Director, National Library, Kwara State, Dr. Olabimpe Olani. Aina noted that the pursuit of knowledge would eliminate

illiteracy and alleviation of education poverty, which have enveloped the citizenry, adding that knowledge would fastrack the achievements of laudable goals. In her welcome address, the chairperson of the Resource Centre, Board of Trustees, Prof. Morayo Atinmo, lauded the virtues of the founders of the centre, especially on the vision for such exemplary takes off on the laudable project, “and the first which is in Ijebu land.” She also commended Diya for his zeal and determination to ceaselessly wrestle the citizenry, especially the determined academic community to achieve their

objectives and goals without any financial implications. According to her: “The educationally-advanced community not to relax in their pursuits to advance ceaselessly to further improve their lots as well as the Gen. Diya’s Library and IT Education Resource Centre, Odogbolu, Ogun State. There is need for the continued, financial and moral support to consolidate such worthy project, especially individually and corporate to rescue the vital project from extinction as the centre was not established for the Odogbolu community alone, but for all concerned, eagerly seeking advanced educational success from the reading culture.”

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

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I’m Not Affected by Court Judgment, Omo-Agege Insists Senator Ovie Omo-Agege has insisted that he is not affected by the judgment of a Federal High Court in Asaba that sacked Delta State executive of the All Progressives Congress (APC) led by Prophet Jones Erue, which conducted the primaries that gave him the ticket to contest the 2019 senatorial elections in the state. Justice Toyin Adegoke had on March 19, sacked the Erue-led executive, and gave recognition to the executive led by Chief Cyril Ogodo, which means that all functions carried out by the sacked executive, including the primaries that brought OmoAgege, were null and void. Justice Chikere of the Federal High Court in Abuja had on June 18, 2018, recognised the Erue-led executive of the party in the state. But Omo-Agege in a statement signed by Nath Dortie yesterday, argued that since he was not a party to the suit on the leadership of the APC in Delta State, he was not bound by the ruling of the Federal High Court in Asaba. According to the statement,

“On March 18, 2019, Hon Justice Toyin Adegoke of the Federal High Court in Asaba gave a judgement in suit No: FHC/ASB/76/2018 which supposedly recognised Chief Cyril Ogodo and persons under him as executives of the APC in Delta State instead of the present executives of the party led by Jones Erue-led executives duly recognised by the National Working Committee (NWC) of the party. ‘’This judgement is in violent conflict with the valid, unchallenged and subsisting June 18, 2018, judgement of Justice Chikere of the Federal High Court, Abuja, in suit No: PHC/ ABJ/CS/509 18 which validated, recognised and gave legal life to the Jones-led executives of the party, a judgement that the plaintiffs in the Asaba court failed to set aside/appeal against. ‘’Although the narrow issue before the Asaba court is the leadership question of the APC in state and given that no contestant in the 2018 primaries of the party in the state was a party to the action, Justice Adegoke nonetheless made

pronouncements that ostensibly touched on the rights of the contestants in the said primaries in their absence. Indeed, the said judgement seems to curiously target, for maximum harm, the rights of persons who were shut out of the case by questionable declinature of otherwise simple applications to join the action to defend their threatened rights. “As it is, the APC and Jones(as respondents) have filed appeals against Justice Adegoke’s judgement. Chief

Great Ovedje Ogboru (APC’s governorship candidate in the 2019 general election) has also filed an appeal to set aside the entire proceedings and judgement of the lower court on the ground, among others, of the court’s perverse rejection of his application to be joined as a necessary party in the matter to allow him to defend his threatened interests. We commend the appellants who apparently protecting the Abuja judgement as a permanent

lathing rod of defence against anarchy, nuisance, malevolence, rascality and corruption, now want the appellate court to set aside the lower court’s proceedings/judgement in its entirety. ‘’It is elementary that the Federal High Court, whether in Abuja or Asaba, is the same and of coordinate jurisdiction nationally. The Asaba court has no appellate authority to override or set aside the valid, subsisting and final (being now appealable)

judgement of the Abuja court. To the extent that the Asaba court somehow clothed itself with false appellate power to review the Abuja judgement, including delving into questions of issues estoppels and re judicata, the Asaba judgement looms large as a deliberately orchestrated effort to concoct and stoke avoidable anarchy, as desired by sponsored agents of elements who are labouring to undermine APC’s interests in Delta.”

Protest in Kogi over Alleged Plot to Sack Chief Judge Yekini Jimoh in Lokoja Judiciary workers in Kogi State yesterday protested against the alleged plot by the state government to remove the state Chief Judge, Justice Nasiru Ajanah, from office. THISDAY reliably gathered that state Governor, Alhaji Yahaya Bello, at the weekend allegedly instructed the state House of Assembly Speaker, Rt. Hon. Matthew Kolawole, to unlawfully removed Justice Ajanah from office. According to the source, the Speaker was also instructed by the governor to mobilised his members yesterday on how to remove the Chief Judge from office on Tuesday. Meanwhile, the state Chairman of the Judiciary Staff Union of Nigeria, Emmanuel Waniko, has called on the Speaker, Kolawole, against the plot to illegally and forcefully removed the Chief Judge. The judiciary workers, who protested at the front gate of the Magistrate Court, carried various placards with inscriptions such as ‘Why are you punishing us’; ‘Pay us our salary’; ‘Bello you benefited from the judiciary, why are you fighting us?’ among others. The chairman noted that the union was forced to make the call at “this auspicious time following the reports reaching them on the clandestine moves by the governor and his directive to the Speaker to disobey the subsisting order given on December 13, 2018, by the High Court of Kogi State, Koton-Karfe division, asking the state assembly to stay action on the ongoing impasse between the executive and judiciary arms of state. According to him, “We were last paid in June 2018 which

makes it a total of nine months today that we are being owed our legitimate salaries. We are therefore upbeat that even after almost four months that our courts are shut down because of our ongoing strike, the state assembly would make itself available to further foster another crisis on the state through this proposed illegal removal of the Chief Judge.”The union opined that the executive arm of the state must be told that JUSUN is resolute in their effort to right the wrongs been perpetuated in the state by Governor Bello. He called on the state assembly to steer clear of this crisis, rather, it should use its constitutional authority to bring sanity to the state by calling the governor to order. He said: “Any attempt to bring the hallowed chambers of the state judiciary into disrepute through this glaring and obvious miss governance in the state by illegally pronouncing the removal of the Chief Judge would be stoutly resisted. “We will also use this opportunity to encourage our members and urge our judiciary officers not to fall for the antics of the clear underperforming administration of Bello. “We are aware that he has been shopping for any judge that will compromise and betray the judiciary, but we have confidence in your integrity which has stood Kogi State judiciary out among other states in the country. Also speaking on the plot, a senior legal practitioner name withheld said: “It is unlawful for the state assembly to embark on such a wasteful venture, more so that there is a subsisting order of the High Court restraining the assembly and the governor from doing anything pertaining to the subject matter.

STRENGTHENING PARTNERSHIP…

L-R: Edo State Acting Governor, Hon. Philip Shaibu; Senior Economist, International Finance Corporation (IFC), Denny Lewis-Bynoe; Southsouth representative, Nigerian Investment Promotion Commission (NIPC), Offor Nnamdi; Private Sector Specialist, IFC, Anita Okemini, during a courtesy visit by the IFC delegation to the Government House, Benin City, the Edo State…yesterday

Senate Faults 76% Budgetary Release to Finance Ministry in 2018 Deji Elumoye in Abuja The Senate yesterday flayed the 76 per cent budgetary release to the federal ministry of finance and its agencies in the 2018 fiscal year. Chairman of the Senate Committee on Finance, Senator John Enoh, faulted the high budget finance ministry released to itself as well as its agencies in 2018 fiscal year when officials of the ministry appeared before the committee to defend their 2019 budget proposals. He noted that despite complaints of paucity of funds

by other federal government ministries and agencies, the ministry of finance was allocating high budget to itself. Enoh sought to know why the ministry released more money to itself while other Ministries, Departments and Agencies (MDAs) were complaining of poor release. He also drew the attention of finance ministry to “poor utilisation” of the funds released to the ministry and parastatals in the year under review. For instance, the Senator noted that whereas N667 million was released to the ministry for capital projects,

only N209 million or 31 per cent had been utilised. Finance Minister, Mrs. Zainab Ahmed, had earlier in her review of 2018 budget, stated that the ministry has so far recorded 76 per cent overall performance in terms of fund released in the outgoing fiscal year. A breakdown of the figures presented by the Minister showed that personnel cost got cash backing of 89 per cent, overhead cost got 62 per cent while capital allocation got 81 per cent. Ahmed while giving the total performance of the federal

government’s 2018 budget said personnel budget recorded an average of 100 per cent due to “payment of salaries and pensions as and when due”. “For overhead, out of 12 months we were only able to release eight months with the exception of some critical agencies like the National Youth Service Corps (NYSC) and the Unity Schools. “We prioritised their releases so they had more than eight months, because of payment of corps members’ allowances in case of the NYSC, and feeding of prisoners for the prison service,” she said.

Fasinro is a True Father of Lagos, Says Tinubu A former Lagos State governor and National Leader of All Progressives Congress (APC), Bola Tinubu, has described elder statesman Hassan Fasinro who died on Sunday as a true father of the state and a committed progressive. He said the deceased fought to establish the rule of law and to give Lagosians a democratic egalitarian society. “He believed in the innate goodness of the people and that democratic governance would help our people realise their fullest potentials”. In a condolence message to

the Fasinro family he personally signed and released last night by his Media Office, Tinubu said Fasinro contributed immensely to Lagos and Nigeria as a lawyer, politician, administrator, legislator, author, and community leader, adding that he would be deeply missed. “Alhaji Hassan Adisa Fasinro was a true father of Lagos. Born and bred here, he personified the best of Lagos and dedicated his life to making Lagos a place of progressive governance, cultural richness and social justice for all its people. He lived and breathed Lagos till

his last breath. “A committed progressive, Papa fought to establish the rule of law and to give Lagosians a democratic egalitarian society. He believed in the innate goodness of the people and that democratic governance would help our people realise their fullest potentials. “He contributed immensely to Lagos and Nigeria as a lawyer, politician, administrator, legislator, author, and community leader. A devout Muslim, he committed himself to the betterment of humankind and the history of his life bears

the fruits of his selfless devotion to the people. “Whether as the first Clerk of the Lagos City Council or Senator representing Lagos State, he gave his best. Fasinro truly served Lagos to the best of his abilities. As such he shall always stand as an example to all of us. “He was elected to the Senate under the Unity Party of Nigeria, a progressive party that is one of the ideological precursors of the Alliance for Democracy, Action Congress of Nigeria and All Progressives Congress.

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Lagos Murder: Amnesty International Decries Failure of Osinbajo’s SARS Reform Amnesty International (AI) has berated the Special AntiRobbery Squad (SARS), for allegedly killing Kolade

Johnson, who was shot dead while watching a Premier League match on Olu Aboderin Street, Lagos, on Sunday.

W’Bank Award Recognition of our Ease of Doing Business Efforts, Says Ikpeazu Abia State Governor, Dr. Okezie Ikpeazu has described the state’s recognition by the World Bank as a recognition of the state government’s modest effort to engender a conducive environment that will help improve the ease of doing business in the state. Abia State has been nominated for the prestigious World Bank 2018 Subnational Ranking Award organised by the Presidential Enabling Business Environment Council (PEBEC) a World Bank assisted council, holding this Wednesday in Abuja. In a letter addressed to the Governor of Abia State, Dr. Okezie Ikpeazu, by the Senior Special Assistant to the President, Office of the Vice President, Dr Jumoke Oduwole, informing the governor of the state’s nomination for the second edition of the award, the council commended Abia for implementing what it described as ‘impactful and landmark reforms in 2018. PEBEC’s letter reads: “In recognition of your immense contribution and support towards driving PEBEC’s overall reform initiatives in 2018, we are pleased to inform you of Abia State’s nominations for the prestigious PEBEC Award in the “World Bank 2018 Subnational

Ranking Award” category. It will be recalled that Abia State is listed by World Bank, among five states in Nigeria making strides to improve the ease of doing business for domestic small and medium scale enterprises in 2018. Abia ranked 35 in the 2014 World Bank ranking of states in Nigeria in ease of doing business Under the thematic areas choosing by the World Bank. Speaking on the nomination of the state for the award, Ikpeazu said it was a recognition of the state’s effort to improve ease of doing business. “For me, this recognition by the World Bank through PEBEC is a recognition of our modest effort to engender a conducive environment that will help improve the ease of doing business in our state. Before we came, Abia ranked 35 among the listed states and their improvements in ease of doing business. But in 2018, we were among five states in Nigeria listed by the World Bank for improvements in ease of doing business. From 35 place to be among the first 5 is huge. Now we have been nominated by PEBEC which a World Bank-assisted Council for this purpose.”

Court Adjourns Okupe’s Trial to April 16 The trial of a former Senior Special Assistant to President Goodluck Jonathan on Public Affairs, Dr. Doyin Okupe, has been adjourned to April 16, 2019. The case continued yesterday at the Federal High Court, Abuja, with the defense led by J.K. Gadzama (SAN) cross-examining the third prosecution witness; Mr. Hassan of the Economic and Financial Crimes Commission (EFCC). Under cross-examination by Gadzama, the 3rd prosecution witness testified that the two letters from NTA which were presented before him were perfect documents from the NTA. This statement ran contrary to the submission by the second prosecution witness, Mr. Sola Atere, who had earlier said he was unsure whether the signature on one of the letters was his own or not. Gadzama then laid the basis in law and justice, why the court should admit the document as an exhibit in the case. The judge later ruled and caused the document to be admitted as exhibit by the court. “This said letter contains

information which acknowledged the receipt of payments from the office of the Senior Special Assistant to the President on Public Affairs for the take-off of the programme, INSIGHT. This position is contrary to the position of NTA staffs previously interrogated by the EFCC.” Counsel to the second defendant, Mr. Tolu Babaleye, drew the attention of the court to the fact that from the information available to the court, especially the bank statements submitted by the EFCC, the third prosecution witness and his team have not done any serious investigation, rather, they were more concerned with selective persecution. He confirmed through cross-examination of Hassan that even though the bank statements contained information on payments to the various national media houses and known media personalities, including AIT, Channels, Punch, etc, the EFCC never followed through their investigation with these media institutions, yet they wrongly insist that monies collected by Okupe were not put to any use.

AI said the call to scrap SARS and reform the police had not been taking seriously. It said efforts put in place by the President Muhammadu Buhari-led government had failed even as it blamed the judiciary for failing to punish police torture. The organisation said SARS continues to use torture to extract confessions from suspects, adding that the police unit seems not to be

accountable to anyone. A series of tweets posted by AI read, “Once again SARS is in the news for alleged brutalisation of Nigerians. We have several times called for #EndSARS. “SARS is a police unit created to protect the people, instead it has become a danger to society, torturing its victims with complete impunity while fomenting a toxic climate of fear and corruption.

“Many attempts to reform SARS, including the one ordered by @ProfOsinbajo in August last year have been ineffective. Nigerians are still brutalised by SARS. Restructuring SARS is not enough unless the government takes concrete steps to protect Nigerians. “Our research since 2016 uncovered a pattern of ruthless human rights violations by SARS, where victims are

arrested and tortured until they either make a ‘confession’ or pay officers a bribe to be released. “Apart from brutality, some police officers in SARS regularly demand bribes, steal and extort money from criminal suspects and their families. SARS officers are getting rich through their brutality. In Nigeria, it seems that torture is a lucrative business.”

GOLD SERVICE AWARD…

L-R: Director General, Centre for Democratic Governance in Africa (CDGA), Dr. Dafe Akpocha; Senior Pastor, Celestial Church of Christ, Genesis Global, Prophet Isreal Ogundipe; Director, CDGA, Mrs. Chizee Awo; and Most Evangelist, Kojodu Akinrogunde of Genesis Global, at the presentation of gold service award to Ogundipe by CDGA in Lagos… yesterday PHOTO: ETOP UKUTT

Senate Backs SON on Use of Made-in-Nigeria Goods Jonathan Eze The Senate Committee on Industry has urged the Standards Organisation of Nigeria (SON) to continue its campaign for patronage of Made-in-Nigeria items and products. Chairman of the Committee, Senator Sam Egwu, said SON remained vital to achieving the present administration’s Executive Order 003 aimed at providing support for local content in public procurement by Ministries, Departments and Agencies (MDAs), as well as increasing the demand for locally-made goods and services in the country. Speaking yesterday during

an oversight at SON’s laboratory complex in Ogba, Ikeja, Lagos, Egwu said promoting Made-in-Nigeria goods could only be achieved through SON’s quality assurance programmes and activities across the country, restating the committee’s commitment to support SON to achieve its mandate of safeguarding lives through standards. “We have visited other laboratories outside this country and compared to what we have seen outside the country I will say that SON has come to stay. A lot of mileage has been achieved since our last visit in 2018. Within a period of seven months it is good to

see that staff have moved into the laboratory and almost all the laboratories are in operation which is a good development. This feat could not have been achieved without the Director General, the management and staff of SON. We just wish you maintain the standards. We need to maintain these standards so that others will also emulate what you are doing, so please keep it up.” He added: “Apart from maintaining the standards, you must also ensure that the staff are properly equipped to carry out their operations and they should also be trained on the job to be abreast of global trend of standardisation. Standards need to be up-scaled at every

time, so they need to be very versatile and proactive.” Earlier, the Director General of SON, Osita Aboloma, said plans were underway to establish 13 laboratories with focus mainly on live endangering items, agriculture and agro-allied products, adding that the move would come on the heels of the present administration’s effort to diversify the nation’s economy away from oil. He commended the Senate Committee for their unwavering support to SON in its bid to rid Nigeria of sub-standard products while also safeguarding the lives of Nigerians through quality assurance.

Ikeja Electric Partners Slot on Youth Empowerment Ikeja Electric (IE) has partnered with mobile phones sales/ support services company, Slot Foundation, to train 40 youths on repairs of phones, laptops and other mobile devices. The training, which is a Corporate Social Responsibility (CSR) initiative, will be held at the Slot Academy and will benefit 40 youths selected from communities where Ikeja Electric operates. The beneficiaries will be trained by experts in intensive repair of phones, Laptops and other devices for the duration of three months when they

are expected to have acquired competent technical and entrepreneurial skills to be able to set up a business venture. According to the Head, Corporate Communications, Felix Ofulue, the initiative is targeted at advancing the aspiration of youths by providing them with the opportunity of to be selfreliant as well as empowering them for a better life. “As a responsible corporate organisation, we will continue to create platforms to empower the youth in communities where we operate. Training of young and aspiring entrepreneurs is

part of our commitment to giving back to the society and means of contributing to Nigeria’s economic growth with massive potential to generate employment opportunities”, he explained. Ofulue also described the partnership as advantageous, noting that Ikeja Electric is delighted to be partnering Slot Systems to execute this initiative. In his words: “The pedigree of Slot as a leading mobile device repair company in Nigeria, with years of expertise in sales and services, will be of immense value to the beneficiaries. The

experienced facilitators provided by Slot Foundation will take the trainees through basics on how they can effectively combine the knowledge acquired from the training with a focus on becoming successful entrepreneurs”. Speaking on the initiative, Nnamdi Ezeigbo, Founder of SLOT Foundation and CEO of SLOT Systems Limited, noted that SLOT academy is a vocational skill program that helps young people to acquire GSM phone engineering expertise between three and six months.

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

TUESDAYSPORTS

Sports Editor: Duro Ikazuagbe Email: duro.ikhazuagbe@thisdaylive.com

A I T E O N F F AWA R D S

25 Years After, Eguavoen Pleads for Release of Houses to Eagles Ahmed Musa wins Player of theYear, Goal ofYear Duro Ikhazuagbe Twenty five years after winning the 1994 Africa Cup of Nations in Tunisia, some members of the Super Eagles squad that made that feat possible have appealed to the Nigeria Football Federation (NFF) to help them get the houses they were promised by the Federal Government. Speaking at the AITEO-

NFF Awards in Lagos last night, a member of that golden generation of the country’s football, Augustin Eguavoen revealed that some of his colleagues are yet to get their houses. “Five of our colleagues have died. Rashidi Yekini, Uche Okafor, Thompson Olihah, Wilfred Agbonnavbare, and Steven Keshi are no more with us.

We don’t want their labour to be in vain. NFF should please help us talk to the right quarter in government to release those houses for our members who are yet to get theirs,” observed the ex international fondly called Cerezo. Eguavoen insisted that it will be unfair to promise and fail. “ If any one of our dead colleagues is yet

to get the house before he died, they have children they left behind. Let them get the houses.” Earlier, at the awards proper, Ahmed Musa was voted as the Player of the Year. He beat both Odion Ighalo and Alex Iwobi to the award. His first goal in the 2-0 defeat of Iceland at the World Cup in Russia was

also adjudged as the Goal of the Year. He was selected ahead of the goals by Ighalo and that of a player from the domestic league. Villarreal forward in the Spanish LaLiga, Samuel Chukwueze won the Young Player of the Year category while Nasarawa Amazons player, Anam Imoh won the female version.

AITEO Federation Cup winning coach, Gbenga Ogunbote was selected as Coach of the Year while Coach Thomas Dennerby who led the Super Falcons to win the 2018 women AFCON in Ghana won the female version. Akwa United FC won the Fair Play Award while Kano Pillars Supporters Club won the best supporters of 2018.

NFF Congress Ratifies Postponement of State FA Elections An extra-ordinary General Assembly of the Nigeria Football Federation yesterday ratified the decision of the NFF Executive Committee of 26thJanuary 2019 to postpone the elections into the Boards of the Football Associations in the 36 States and the FCT. At an emergency meeting (e-meeting), the NFF Excutive Committee had decided: “That given the various complaints that have been received and ventilated in several fora regarding the ongoing electoral processes geared towards the conduct of elections into the Football Associations of the 36 States and the FCT, and against the backdrop of the nationwide elections taking place between February and March 2019, the Executive Committee resolved that the current electoral processes in the States be suspended immediately. “Executive Committee has thus charged the NFF Football Reform Committee, which composition was approved by the NFF Congress at its Annual General Assembly in Asaba, Delta on 24th October 2018, to

see the pattern, composition and electoral processes as one of its major assignments in the work of recommending a comprehensive reform of Nigerian Football.” In Lagos yesterday, with all 44 Members of the NFF present alongside the NFF Executive Committee, at the meeting held at the Eko Hotel and Suites, Victoria Island, Lagos, the decision was unanimously ratified after a motion moved to that effect by former NFF 1st Vice President and current Chairman of the Imo State Football Association, Mazi Amanze Uchegbulam. The motion was seconded by Mohammed Nasir Saidu, Chairman of the Sokoto State Football Association. The NFF Executive Committee had also asked each of the Football Associations of the 36 States and the FCT to hold an extra-ordinary Congress (before the expiration of its tenure) to pick a new date between 26th May and 30th June 2019 as the terminal date for its board and date for its Elective Congress, to be presided over by the current boards of respective State FAs recognized by the NFF.

CHEVRON JNR MASTERS

Rebecca Ekpeyong Upsets Top Two Seeds to Win Girls 16 Title Rebecca Ekpeyong, representing the South-south Zone surprised every one with her mental toughness as she capped a very gutsy semifinal victory with a straight sets win over national junior champion, Omolayo Bamidele of the South-west in the finals of the Chevron Junior Invitational Masters which ended on Sunday at the Lagos Lawn Tennis Club. The petit 16 year-old had saved two match points in an emotional 9-8 victory against second seeded Omolade Aderemi of the South-west on Saturday but she had no such problems against the No.1 seed as she won nine straight points in the first match tie-break set before her opponent could win one. Bamidele tried to fight back in the second set but the confident hitting and smart placement from Ekpeyong completely confounded her. The Port Harcourt based girl

won 10-1, 10-4 to the delight of a teary-eyed father, Peter, who ran to the court to embrace his daughter. She also won the trophy for the Most Outstanding Player of the tournament. The boys’ and girls’ 12s and the girls’ 16s matches were abbreviated to three match tie-break sets to allow all finalists display their skills for the benefit of the sponsors. David Dawariye, also from the South-south, who did not lose a match in the round robin playoffs, also had an easy 9-3 pro set victory over Daniel Adeleye from the South-west in the boys’ 16s final. In the boys’ 12 final, Seun “Nadal” Ogunsakin, displaying the dressing and mannerisms of his Spanish hero, started nervously losing the first three points but later found his rhythm to overcome Mohammed Idris from the Abuja programme 10 -5, 11 -9.

APC National Leader, Asiwaju Bola Ahmed Tinubu, at his 67th birthday Novelty Football Match between some ex-Super Eagles players and Team AsiwajuTinubu at Campos Mini Stadium, Lagos Island on Sunday

Obule Emerges Champion of Zenith Bank/ Delta Principals’ Cup It was a great show of football artistry at the final of the Zenith Bank/ Delta Principals’ Cup played at the Stephen Keshi Stadium, Asaba, as Obule Integrated School, Sapele came from a goal down to defeat Boys Secondary School, Obiaruku 2-1 to emerge the champions of the third edition of the rebranded competition. Bright Osenene put Boys Secondary School ahead in the 40th minute and they were looking good for the title only for Obule to score two late goals to turn the game around. Prosper Seruemu started the revival with the equaliser in the 76h minute while Jolomi Neye completed the come back

with the winner in the 84th minute. Apart from the winning prize of N1million for the wining school, there was a presentation of a new hummer bus to Obule by Delta State Governor, Ifeanyi Okowa. In his remark, the Commissioner, Basic and Secondary Education in the State, Chiedu Ebie, who also doubled as the chairman Local Organising Committee of the tournament expressed joy over the successful completion of the tournament. “We have worked hard for three years to get to where we are today,” he said. “There was improvements

on the number of schools that took part in this year tournament as we have a record 756 secondary schools playing from the preliminary and the two schools that played in the finals worked so hard to get to that stage. “I want to appreciate the governor for flying with this dream and we are hoping to put together a summer camp for the best 30 players discovered during the competition,” he concluded. Lucky Ighade, Zenith Bank Plc, Zonal Head, Asaba, who represented the GMD/CEO, Peter Amangbo, said the bank is happy to invest in the youths who are the future of

the country. He however expressed the company’s commitment to supporting a nobel cause like the principal Cup. Meanwhile, Delta State has concluded plans to infuse sports into the state’s education curriculum. The governor, Okowa said Delta has realised that sports and education work hand in hand and they want a sound and healthy mind for their students. Earlier in the day, Ekpan Secondary School, Ekpan defeated Comprehensive Secondary School, OgwashiUku 3-2 to win the bronze medal.

Amnesty International Wants SARS Probed for Killing Football Fan Amnesty International has called for the probe of Special Anti-Robbery Squad (SARS) police unit for killing a football fan while he was watching a televised football match in Lagos last Sunday. Kolade Johnson was reportedly shot accidentally by SARS officers who had

been pursuing another man at the football viewing centre. Amnesty International has documented a pattern of grave human rights violations carried out by SARS since 2016. “Kolade Johnson is the latest victim of the SARS police unit which has become notorious

for extrajudicial killings, torture and extortion,” said Osai Ojigho, Director of Amnesty International Nigeria. “This appears to be an unlawful killing which must be impartially and thoroughly investigated, with any officers suspected of criminal responsibility for

wrongdoing brought to justice in fair trial before an ordinary civilian court. “It is shameful that more than two years since Amnesty International highlighted crimes under international law and human rights violations by SARS, these shocking incidents continue unabated.”

TUESDAY APRIL 2, 2019 ˾ T H I S D AY

TUESDAYSPORTS RACE FOR TOP FOUR

Arsenal Moves to Third after Win against Newcastle Arsenal beat Newcastle at Emirates Stadium to move above Manchester United and north London rivals Tottenham and go third in the Premier League. Aaron Ramsey, who had an earlier effort disallowed following a foul, put the hosts ahead with a fine low strike from 15 yards out. Newcastle’s Matt Ritchie produced a fine diving header on the goalline to deny Alexandre Lacazette, but the Frenchman doubled Arsenal’s lead late on when he calmly lofted the ball over goalkeeper Martin Dubravka. The visitors’ best chance fell to Salomon Rondon, but his low shot was pushed wide by Arsenal goalkeeper Bernd Leno. Arsenal were 10 points behind Tottenham at the start of February but this victory took the Gunners two points clear of fourth-placed Spurs and United in fifth with seven league games remaining. This victory was a 10th home league victory in a row for Arsenal, their best run since a similar sequence from December 1997 to May 1998, as Unai Emery’s team continued a strong second half of the season that could see them secure a return to Champions League action after a two-year absence. Arsene Wenger’s 22-year spell in charge of the Gunners ended with regular protests

among the fans as they watched their team drift away from Europe’s elite. But Emery, in his first year in the English game, has galvanised the side with his brand of free-flowing attacking football and this result took them to 63 points - the same that the Gunners managed under Wenger in all of 2017-18. Arsenal started with top scorer Pierre-Emerick Aubameyang on the bench, but they still had 71% possession and were simply too strong for their opponents. The hosts thought they had taken a 12th-minute lead, but Ramsey’s volley was ruled out as Sokratis was adjudged to have fouled Florian Lejeune. But the Welshman, who missed his country’s two matches during the international break, scored 17 minutes later with a low strike after DeAndre Yedlin’s clearance inadvertently fell into Ramsey’s path. The home fans were nearly celebrating again just before half-time, but Lacazette’s powerful effort was spectacularly headed off the line by Ritchie with Dubravka beaten. After Sokratis headed wide and substitute Aubameyang had a shot saved, Arsenal got the second goal they deserved through Lacazette’s calm finish after Aubameyang’s

flicked-on header set up the chance. The only negative from the evening was Ramsey, who will join Juventus on a free transfer in the summer, going off with an injury midway through the second half. It was a tough night for

Newcastle as they saw little of the ball and spent a lot of the time chasing it unsuccessfully against their dominant opponents. The visitors only had one shot on target in the opening 45 minutes, when Rondon proved too strong for Sokratis

but saw his low strike pushed wide by Leno. Even though Arsenal central defender Shkodran Mustafi looked a weak link as he repeatedly lost the ball, Newcastle struggled to create chances. Indeed, they did not have

a shot on target after the break with Ki Sung-yueng shooting wastefully wide from the edge of the area in a rare opportunity to equalise, before Lacazette sealed the three points for the home side in the 83rd minute.

Barca Coach Targets Six Wins to Clinch Laliga Barcelona coach Ernesto Valverde has set his sights on winning six of this season’s final nine La Liga matches to help his side retain the title. The Catalans are 10 points clear of second place Atletico Madrid, whom they host on Saturday, after travelling to struggling Villarreal tonight. “There are nine games to go and if we win six, we are champions,” Valverde told reporters yesterday. “In the final games of the season the teams at the bottom always take a lot of points. “We don’t have to look further than the games this week, Celta, Huesca, Rayo, they’re all going to do everything they can and we must be prepared for these type of games.” Villarreal, 17th, sit one point clear of the relegation zone after

Barcelona coach Valverde

throwing away a two-goal lead to lose 3-2 at Celta Vigo on Saturday. Valverde said his team’s priority is to win La Liga, rather than the Champions League, in which they face Manchester United in the first leg of the quarterfinals on April 10. “Historically when Barca have won the Champions League, they’ve won La Liga too,” explained the coach. “I know that’s a competition which the fans love, the players and everyone, but the Champions League can betray you in any game, in 15 bad minutes. “By contrast, in La Liga, you judge yourself from the first minute to the last of the season. It’s our bread and butter, it’s how you judge yourself each week.”

Arsenal players celebrating one of the two goals in the win against Newcastle at the Emirates Stadium......yesterday

Betway Customer Wins N1.5 M Sports Bet As an internationally recognized online betting provider, Betway’s introduction to Nigeria has given many people a safe and secure platform to enjoy sports betting. 26-year-old Oyinpreye Ebipade was one such customer registering with Betway after he saw

the website’s branding emblazoned across the shirts of English Premier League club, West Ham United. “I used to work in the UK, and that was when I first saw Betway on a football team jersey,” said Ebipade. “So when I came back, I wanted to start betting and

a friend of mine told me about Betway, and said that Betway is in Nigeria and that was it.” Just days after registering an account, Ebipade placed a N10,000 Multi Bet on a selection of soccer fixtures. The bet was only the fourth he had placed and he was

surprised when he received the notification that he’d won. “I hadn’t even placed up to four bets before I won,” he said joyfully. When asked what he plans to spend his winnings on, Ebipade hinted that he’ll likely save it with the goal of buying a new car.

Okwoju, Adegboyega Shine at DOAM 2019 Twenty-handicapper, Tony Okwoju at the weekend won the 2019 Daniel Ogechi Akujobi Memorial Golf Championship concluded at the Golf Section of Ikoyi Club 1938 in Lagos. Speaking at the prize presentation ceremony, Okwoju said the win was very emotional for him as he has followed the charity event since inception and has been a great supporter of the course the DOAM Foundation was set up to do. “It is interesting that things came together like this for me. I have always believed in the cause that

this foundation was set up and I am one of the biggest campaigners for support for it. It is emotional for me to have this win” he said. He shot 71 net to upset the field that paraded more than 150 golfers at the one day competition, D. Mayer and S. Camatel finished in second and third spots respectively at the event. They returned 73 and 74 respectively at the charity event. This year’s tournament was heavily backed by an impressive lineup of individual and corporate donors/sponsors including;

PricewaterhouseCoopers, Diamond Bank Plc, ARM Pension Managers, Radial Circle Group, Zenith Bank Plc, Providus Bank, Channels Television, Silverbird Television, Grand OAK, Cappa & D’Alberto, SPAR (Park N’ Shop), ExxonMobil, Fidelity Bank Plc, Victoria Crown Plaza, LG Electronics, Ikoyi Club 1938, Raddisson Hotel, and many more. Chairman DOAM Board of Trustee, Professor Obinna Chukwu said, the foundation has been with highest corporate governance in place to help put funds donated to judicious use.

“We have reached over 79, 000 people in nine years of operation, and with support of donors and sponsors we hope to raise the bar for number of indigents we reach this year” he added.In the ladies category, Angela Adegboyega set the pace with 73 net score leaving N. Moka and Julianan Allangenyi to the pick the second and third place respectively. Peter Ebe-Spiff won the men’s gross prize while Rita Okafor won the ladies gross and Wahab Feshitan shot 76 net to pick the veteran’s prize.

Tuesday April 2, 2019

UT H

& RE A S O

Price: N250

MISSILE PDP to Osinbajo

“The records of our achievements are there for Nigerians to see. If after four years, all they will still say is that the PDP has not done this or that, that means they are not serious. Blaming the PDP for many years and continuing that after they had been declared winner of the 2019 presidential election by INEC, Nigerians will know who is telling lies. It is unfortunate that Osinbajo as a pastor will come to a public forum and lie against the PDP.” – PDP chiding Vice President Yemi Osinbajo for saying the party never completed any major infrastructural project in 10 years.

TUESDAY WITH REUBENABATI abati1990@gmail.com

Nigeria and the Misery Index: Not a Miserable Country

n a Report titled The Misery Index 2018 authored by Dr. Steve Hanke of the Johns Hopkins University in Baltimore, Maryland, Nigerians have been labelled the sixth most miserable people in the world. The misery index was introduced in the 1970s by Arthur Okun, an American economist, author of the seminal work, Equality and Efficiency: The Big Trade Off (1975). The original index considers such factors as unemployment rate and inflation rate. It is a formula, a methodology as it were, consistent with what is known as Okun’s law, but modified subsequently by Harvard Professor, Robert Barro and Professor Steve Hanke. The latter releases a Report annually. He tells us that: “My modified Misery Index is the sum of the unemployment, inflation, and bank lending rates, minus the percentage change in real GDP per capita. Higher readings on the first three elements are “bad” and make people miserable. These are offset by a “good” GDP per capita growth which is subtracted from the sum of the bads. A Higher Misery Index score reflects a higher level of misery, and it’s a simple enough metric that a busy president, without time for extensive economic briefings can understand at a glance.” In the 2018 Report which is basically a forecast of what to expect in the year 2019, Hanke identifies Venezuela as the most miserable country in the world, followed by Zimbabwe, Argentina, Iran, Brazil, Turkey, Nigeria, South Africa, BosniaHerzegovina, Egypt and Ukraine. Is Nigeria the sixth most miserable country in the world? Where is Syria? South Sudan? Somalia. Steve Hanke’s Report does not necessarily cover all the countries of the world. But certain points are clear from his submissions. First, the Misery Index makes the point very clear that economic growth is linked to the people’s prosperity and happiness. Countries that suffer from stagflation are likely to have very miserable citizens. Second, lack of economic growth or a poor economy can result in political and social crisis as we have seen in Venezuela where inflation rate is said to be above 6,000% and Zimbabwe where inflation is allegedly over 97%, although this has been disputed in other evaluations which unlike Hanke’s Index, accommodate the employment rate in Zimbabwe’s informal economy. Third, good governance, leadership and political stability are important factors for macro-economic growth. The least miserable countries in the world as seen in the Misery Index 2018, would also seem to have strong leadership, and institutions and a certain measure of stability. Fourth, poverty should be avoided because it could lead to misery. Fifth, the state has a responsibility to prevent the growth of poverty and promote economic growth. It is important to break down and outline some of these well-known, elementary points because I see a tendency in this season to ignore external rankings or politicize them. The People’s Democratic Party (PDP) has already jumped on the back of the Misery Index to say that the Report confirms the party’s position that Nigeria’s economy “has virtually collapsed under Buhari.” The Hanke index does not say that the Nigerian economy has “virtually collapsed”. It says the people are among the ten most miserable people in the world. It is an economist’s index not a political review. Nonetheless, there are certain basics that should be established. Indeed, unemployment rate in Nigeria is about 23. 10 per cent (Q3 2018, an all-time high between 2006 and 2018. Youth

President Muhammadu Buhari unemployment according to the National Bureau of Statistics (NBS) is even higher. Inflation rate is about 12%. Food inflation is higher at 13.5%. Recently, the Central Bank of Nigeria reduced Monetary Policy Rate (MPR) to 13.5%, down by 50 basis points from 14%. Nigeria’s GDP growth is 1.8%. Compared to statistics from other parts of the world, these Nigerian statistics paint a gloomy picture. Unemployment rate in India, for example, is 6.1%, Canada (5.8%), Australia (4.9%), United Kingdom (3.9%), Germany (3.1%), Ghana (2%), Cote d’Ivoire (2.6%), Saudi Arabia (12.7%) etc. There is also no doubt that the Nigerian economy has gone through major contractions in the last five years. The sharp drop in the spot price of oil depleted the country’s reserves, created a foreign exchange crisis and soon resulted in recession. In 2016, Nigeria faced the consequences of a negative growth of up to 2.3 %; in 2017, inflation was as high as 18%. In September 2018, the Economic Intelligence Unit of The Economist Magazine and the HSBC Research Unit predicted a gloomy economic prospect for Nigeria in 2019 and also jumped into the troubled waters of analyzing Nigerian politics, with predictions about the likely outcome of the 2019 Presidential election in Nigeria. Both the ruling party in Nigeria – the All Progressives Congress (APC) and the Nigerian government kicked. They told the “experts” to keep their opinions to themselves. The EIU/HSBC in retrospect got the political analysis wrong (PDP lost the 2019 Presidential election, APC won) but the economic projections remain relevant and instructive. The Steve Hanke Misery Index Report may have been influenced by the EIU report. Rather than dismiss it however, the Central Bank of Nigeria (CBN) and the Presidency (Hanke insists the message is so straightforward even a busy President can follow it) should study the report and attend to the messages about economic growth and the careful management of certain indicators to deliver prosperity to the people. Nigeria’s palace economists may quarrel over the statistics and the methodology, but not the common sense. But is Hanke’s description of Nigeria as the 6thmost miserable country in the world accurate? Even if the Nigerian economy has not “virtually collapsed”, can misery be affirmed strictly on the basis of unemployment rate, inflation rate and lending rates? Does poverty necessarily translate

into misery? Is the correlation absolutely given? Nigeria ranks low in this 2019 Misery Index, just as it ranks low on the Human Poverty Index and the Human Development Index – these are challenges for governance and leadership. But does all that mean that Nigerians are miserable? The word misery connotes unhappiness, distress, wretchedness, hardship, suffering, affliction, anguish, sadness, sorrow, melancholy. I think there are gaps in the Hanke Misery Index in terms of the parameters adopted; perhaps a more holistc assessment of the connection between economic growth and a people’s response as individuals and communities may have shown that economic prosperity and growth do not necessarily guarantee a people’s happiness. There may well be more misery in all the developed countries of Central Europe taken together than may be in Kenya or Cape Verde. There are perhaps certain anthropological factors, a certain kind of neuroscience that accounts for a people’s happiness rather than cold macro-economic statistics. In 2011, Nigeria was classified as the happiest place on earth in a Gallup Poll and its people as the most optimistic. This was within the context of widespread underdevelopment, and all forms of social sector crisis. Nigeria’s status as a happy country was again confirmed in a World Values Survey in 2014. It is noteworthy however that in 2018, Nigeria was listed as the 91sthappiest country in the world, and the 5th happiest country in Africa in the World Happiness Report. Obviously so much happened negatively in Nigeria between 2014 and 2018. But the sum indication is that as at 2018, Nigerians were adjudged happier than they were between 2014 and 2016. How then can we suddenly become the sixth most miserable country in the world a year later? The difference is who is looking at what. The UN 2019 Happiness Report, for example, focusses on the human being and community, on relationships, or the neuro-science and the anthropology of happiness, rather than economic indicators. The World Happiness Report is more reflective of the Nigerian situation in my view than the Misery Index. We may have moved from being the happiest people on earth to the 91stin the world, a reflection of the existential crisis that Nigeria faces, but the word misery does not quite capture the people’s true essence. My point is as follows: the measurement of happiness or its antonym, misery is perhaps more subjective and experiential than academic and statistical. Culture and context should matter. Nigeria has been described as one of the poorest countries in the world. The country faces a problem of low level insurgency in the North East. Corruption is rife. Reports of all shades of violence are common place. The country’s wealth is concentrated in a few hands. Steady economic growth is a challenge. But we the people are not in misery. There may have been a slight increase in cases of suicide and depression in the country since 2015, but generally Nigerians are a resilient lot. The average Nigerian is imbued with a fighting spirit. If people in other countries go through what Nigerians have gone through and are still going through, such countries would have imploded. But Nigeria has not collapsed because the people’s fighting spirit is unique. In the midst of risks and vulnerability to poverty due to economic mismanagement by Nigeria’s leaders, the average Nigerian continues to forge ahead. These are people who don’t give up easily. They believe that tomorrow will be better.

When they are faced with election rigging, voter intimidation, outright theft of public resources, these are people who are likely to say: is it not four years? “Let them come and do what they want to do and go away.” When people get killed and are abandoned by the roadside, you’d be surprised that with the corpses lying in open spaces, some Nigerians can just pull seats together and begin to have a drink, a few metres away from a decaying body. There is no weekend when there is no celebratory feast in a Nigerian community: flashy attires, expensive cars, exotic drinks, musicians waxing lyrical, and the men and women dancing away with no care in the world. I do not know any other country in the world where the parties and celebrations are as elaborate as the parties we throw in Nigeria. The Misery Index is talking about high unemployment rates in Nigeria. This is true but the people are so resilient, they manage to get by. They have learnt to move beyond their governments. Nigeria is the biggest market in Africa. Those who cannot get formal jobs find other things to do. Come to Lagos, Dr. Hanke. Some of the young ladies you would see on the streets of Lagos and on Nigerian Instagram are from very poor backgrounds and they have no extra-ordinary skills, but you are likely to see them driving expensive cars, wearing bespoke clothes, the type that Kim Kardashian cannot even afford. This is the “small girl, big God” generation that puts a lie to all that talk about misery in Nigeria. Besides, thuggery and cultism are considered professions in Nigeria, and regarded as more profitable and influential than medicine, law or engineering. Thugs and cultists are patronized by political leaders and they are well-paid for their efforts, particularly during election seasons. It is only in Nigeria I guess, that a security guard, earning less than a $100 a month will have three wives and 10 children while his own employer will be struggling to maintain a family of four. It is also in Nigeria that you will find a civil servant having five wives and two concubines, even when he has not been paid a salary for 24 months. Misery? Professor Steve Hanke is an applied economist. He may not have visited some of the countries covered by his study, but in the case of Nigeria, he should not rely on textbook statistics. Unemployment rate, lending rate, inflation rate, GDP per capita may make sense to the economists, but those things sound like voodoo to the average Nigerian. The people live in a zone that is beyond theory. The average Nigerian is not intimidated by the gap between the very rich and the very poor, for him or her, there is a religious, rather, a spiritual side to this thing called poverty or inequality. The Nigerian is told by the large population of prosperity evangelists in the country – Muslim, Christian, and animist - that he or she can become rich overnight. In Nigeria, you can see a man as poor as a church rat in January and by December he has a mansion in his village, attended to by a retinue of hangers-on, all very happy, and he too has become an employer of labour and he is likely to pay salaries more regularly than government! Nigeria is the ultimate headquarters of trade-offs; not even Arthur M. Okun could have imagined that. The Nigerian character and attitude both raise questions about the true nature of work, employment, economic growth, or the meaning of misery beyond the theories and “forecasts”. The other question is: what is the integrity of the applied data?

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