TUESDAY 23RD APRIL 2019

Adeniyi Represents THISDAY on Chinese Belt and Road Media Council Segun James Chairman of THISDAY Editorial Board, Mr. Olusegun Adeniyi, will today in Beijing, China, join other senior media professionals from 25 countries across the world for the inaugural session of

the Council of the Belt and Road News Network (BRNN).

The Council will serve as the decision-making organ of BRNN. In the letter of nomination addressed to THISDAY/ARISE Chairman, Prince Nduka Obaigbena, in January this

year, the president of Peoples Daily, Mr. Li Baoshan, wrote that the invitation extended to Adeniyi was because of the “importance and influence” of THISDAY newspaper in Nigeria and across Africa.

Peoples Daily is the biggest media group in China and

the official newspaper of the Central Committee of the ruling Communist Party.

BRNN, according to Li, “will build an open and cooperative platform under the Belt and Road Initiative” with the aim of promoting “mutual assistance, collaboration and

exchanges among members.”

The Belt and Road Initiative is a Chinese foreign policy thrust for massive investment in infrastructure in more than a hundred countries across Africa, Europe, Middle East, Continued on page 6

Adeniyi

No One Can Impose Leaders on N’Assembly, Saraki Tells Tinubu... Page 6 Tuesday 23 April, 2019 Vol 24. No 8779. Price: N250

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Buhari’s Cabinet: APC Compiles Loyal Members’ List for Appointments Seeks NEC’s approval for disciplinary action against Amosun, Okorocha, others Onyebuchi Ezigbo in Abuja The National Working Committee (NWC) of the All Progressives Congress (APC) is impressing on President Muhammadu Buhari to ensure that only members who have been faithful to the party are appointed into executive positions, THISDAY

learnt yesterday.

The president has already asked his ministers to hand in their handover notes by tomorrow in preparation for the dissolution of the cabinet.

Buhari’s second term begins on May 29 and there are indications that he would waste no moment in constituting a new cabinet.

A top party source said yesterday that the party is insisting that it will no longer be business as usual, saying a situation where those who worked hard for the party's victory will be sidelined by others will not be allowed to happen again.

The source said the national leadership of the party had

decided to work with those at the state level to compile and screen those to be recommended for appointment by the president in the next administration.

According to the party’s source, all those scrambling for appointments may not find it "easy now as the president may not entertain any lobby

except that coming from the party after due consideration on the credibility and status of the person and the role played during the elections.”

Regarding the cases of those who allegedly worked against the party's interests during the last general election, the source said the NWC is also compiling their offences and

would make recommendations to the NEC meeting.

He said the NWC has vowed that it would seek the approval of the party's National Executive Committee (NEC) for sanctions against top leaders like Ogun State Governor Ibikunle Amosun and Imo State Continued on page 6

Zenith Backs Arise Fashion Week Designers with Flexible Facilities

Vanessa Obioha

Zenith Bank Plc has announced its decision to back all designers that participated in the recently concluded Arise Fashion Week (AFW) held in Lagos with flexible facilities to assist them to grow their fashion business.

The bank’s Managing Director, Mr. Ebenezer Onyeagwu, who disclosed this while presenting N10m cheque to Deola Sagoe and Kenneth Ize for winning the AFW award for designer of the year, said the facilities could be accessed by all the participants.

He, therefore, invited all the designers, who participated in the world class event, to contact the bank for the

facilities immediately.

The AFW, now rated as the biggest fashion event on the continent, opened April 19 and closed Sunday night.

It pooled global fashion brands and models to the Lagos runway, featuring over 30 local and international designers from Africa, America and Europe, as well as over 150 models, including British supermodel, Naomi Campbell, who was here to promote African fashion.

The show has also been described as ‘the most beautiful runway in Africa,' which was berthed over a decade ago and is adjudged the most prestigious platform to showcase Africa creative talents through fashion and music.

SAGOE, IZE ARE DESIGNERS OF THE YEAR...

L-R: Managing Director, Zenith Bank, Mr. Ebenezer Onyeagwu, presenting a cheque to ace designer, Deola Sagoe, in the presence of British supermodel, Naomi Campbell, during the closing ceremony of Arise Fashion Week in Lagos… Sunday kunle ogunfuyi

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No One Can Impose Leaders on N’Assembly, Saraki Tells Tinubu Says budget padding allegation careless, irresponsible, callous Deji Elumoye in Abuja Senate President, Dr. Bukola Saraki, yesterday declared that former Lagos State Governor, Senator Bola Tinubu, and his associates will fail again like they did in June, 2015 if they attempt to foist a leadership on the ninth National Assembly due for inauguration in June.

Saraki, in a terse statement issued by his Media Adviser, Alhaji Yusuph Olaniyonu, in reaction to Tinubu's allegation on Sunday that the National Assembly leadership padded the budget in the last four years, also described the allegation as careless, irresponsible and callous.

The Senate president said the grand plan by Tinubu and his co-travellers not to allow the wishes of federal legislators-elect to prevail in the election of presiding officers of the ninth National Assembly would fail as it was the case at the inauguration of the eighth Assembly on June 9, 2015.

According to him, "Tinubu should know that if there was any mistake made on June 9, 2015, it was the miscalculation by himself and his small cabal in the All Progressives Congress (APC) who felt they could decide for the senators-elect and House of Representatives members-elect.

“When they failed after their grand-standing that they could always get whatever they desired, they resorted to undermining the institution of the legislature and waging a campaign of calumny against the law making body.

"It is now clear that those who took senators away from the chambers contrary to the directive contained in the proclamation signed by President Muhammadu Buhari on June 9, 2015 are ‘mistake personified.

"It is obvious that if they repeat that arrogance during the inauguration of the ninth National Assembly, they will fail again because Nigeria is greater than them. The institution of the legislature is bigger than the over-bloated egos of these power mongers and dirty schemers."

Saraki further emphasised: "It is obvious Tinubu's arbitrary

and tactless interference in the process for the emergence of the leadership of the ninth Assembly is already falling through.

"The frustration from this experience might have been responsible for these needless and baseless outbursts.”

He, however, advised Tinubu for the sake of the stability of the National Assembly to allow the members to elect their leadership in consultations with the party leadership.

Saraki said: "He should stop treating the legislators like hapless pupils receiving orders from a cane-wielding headmaster. A situation where he, Tinubu, is dictating to elected legislators and ordering them to either comply with his directives or get out of the party will not augur well for the legislature in the next dispensation.

"History should have thought him that only a leadership that truly enjoys the support of members can help the president and his administration to achieve their objectives. It is a good development that the candidates for the various positions are already reaching out to their colleagues and forging alliances. We can see that after he realised that he has misfired, he is trying to retrace his step and in his usual devious manner, he is looking for scapegoats.

“We advise him to leave Saraki out of his manipulations and ‘jockeying and maneuvering for influence and power’, as he termed it.”

On the allegation that national budgets were delayed, distorted, padded, new projects introduced, funds for projects reduced, “to halt progress of government,” the Senate president described it as unfortunate that a man like Tinubu who had been in the Senate (though for 22 months and under a military regime) should not have a better understanding of how the legislature works.

He stated that the passage of budgets is definitely not the exclusive responsibility of the leadership of the Senate as most of the work is done by the various committees.

He said: "These committees

are headed by senators representing different parties.

It is the level of co-operation between the committees and the MDAs in the timely defence of the budget proposals and the ability of the two chambers of the National Assembly to reconcile their figures that usually determine how soon the budget is passed. To put the blame of budget delay on the Senate president or speaker can only be mischief, or at best, playing to the gallery."

Saraki further explained that any so-called delay in the passage of budgets under the eighth National Assembly is traceable to the refusal of heads of MDAs to defend the budget proposals for their agencies on time.

His words: "Last year, the president himself had to direct the Secretary to Federal Government to compel heads of MDAs to appear before the National Assembly committees following the report made to him by Dr. Saraki and Speaker Yakubu Dogara.

"So, if a man like Tinubu is spreading this falsehood about budget passage and delay being deliberately orchestrated by the National Assembly leadership, one wonders whether he tries to even understand what happens in the federal legislature at all or is it that the only thing that is of interest to him is ‘jockeying and maneuvering for influence,’ as he puts it.

“To further make the points here clear, we invite Tinubu to look at the records of the time of submission of budgets and their passage since 2010 and he will see that with the exception of the 2013 budget, which was passed on December 20, 2012, all the budgets have been passed between March and May of the same fiscal year.

This should give him a better understanding of the fact that the date the Appropriations Bill is submitted to parliament and the readiness of the MDAs to defend the proposals submitted as well as timely agreement on the figures by both chambers of the National Assembly are the main determining factors in when the budget is eventually passed.

“So, Tinubu should see that

the facts cannot support his spins and fake narrative."

He, therefore, challenged Tinubu to be specific about where he and the leadership of the National Assembly “sought to pad with pet projects” as the APC leader alleged.

He said: "Tinubu should be graceful enough to substantiate this allegation. We consider that allegation careless, irresponsible and callous. We, therefore, demand that he should withdraw it.

"However, there is need to let him know that it is the constitutional responsibility of the National Assembly to review the proposals sent by the executive and where it deems necessary, it is within the power of the legislature to make changes.

“A good example, is the decision by the National Assembly to include in the 2018 budget the one percent of the total budget, amounting to N33 billion, as allocation for Universal Health Coverage as provided by an extant law, which had been hitherto observed in the breach. Is this what Tinubu considers as budget padding? And this was a decision which was praised across the world as a real benefit to ordinary people across the country.

"Tinubu also claimed that the Senate leadership “stymied APC legislative initiatives while attempting to hoist noxious reactionary and self interested legislation on the nation.” We wonder what these “legislative initiatives” are because in the four years of the Buhari administration, it has only forwarded 11 bills to the Senate, apart from the routine annual appropriations and supplementary budget proposals.

"Two of these bills, the Mutual Assistance in Criminal Matters Bill and the National Minimum Wage Bill, have been passed. One of the bills, the Money Laundering Prevention and Prohibition Act (amendment) Bill was withdrawn by the executive following the disagreement between the Attorney General and the Chairman of the Economic and Financial Crimes Commission (EFCC). Also,

another one, the National Water Resources Bill was rejected because it infringed on the rights of states to develop their water resources. The remaining seven which are the National Centre for Disease Control and Prevention Establishment Bill, Federal Institute of Industrial Research for the Development of Micro, Small and Large Industries Bills, the Suppression of Piracy Bill, Communications Service Tax Bill, 2015; Federal Institute of Industrial Research Bill, 2017; Raw Materials Research and Development Council (Repeal and Reenactment Bill 2018; Nigeria Natural Medicine Development Agency (Establishment etc) Bill, 2018- are at various stages of passage.

According to Saraki, the eighth Senate has passed 282 bills (the highest any Senate had passed is 129 bills recorded by the 5th Senate), among which is the Mutual Assistance in Criminal Matters Act, Public Procurement Act (amendment) Bill, Petroleum Industry Governance Bill, Electoral Act (amendment) Bill, Police Reform Bill, Police Trust Fund Bill, Nigeria Railways Authority Bill, Company and Allied Matters Act (amendment) Bill, Secured Credit Transactions Act, Whistleblowers Protection Bill, constitution amendment bills, Discrimination Against Persons With Disability Bill, Electronic Transaction Bill, Bankruptcy and Insolvency Act, North East Development Commission (NEDC) Act, Witness Protection Programme Bill, Credit Bureau Reporting Bill, Sexual Harassment in Tertiary Educational Institution Bill and Compulsory Treatment and Care of Victims of Gunshots Bill, National Financial Intelligence Agency Act, Federal Audit Services Commission Bill, among others. It will be good to know which of these Bills Tinubu believes is “self interested” and not in the interest of Nigerians.

"We will like to point the attention of Mr. Tinubu to the fact that most of the bills listed above got international and national endorsement from stakeholders who lauded the Senate for the move.

For example, the Financial

Intelligence Database Agency (Ultrascan) commended the Senate for passing the NFIU Act which enabled the country to be re-admitted into the Egmont Group. Also, the Nigerian Police leadership have praised the Senate for passing the Police Reforms Bill and the Police Trust Fund Bill. Again, when the National Assembly in the 2018 budget gave effect to the law allowing one percent of the budget to be devoted to Primary Health Care Delivery, it got kudos from Bill Gates, Bono, Dr. Tedros Adhanom Ghebreyesus of WHO, and various national groups who believe the move would bring health care delivery to the poor people across the country. The passage of the UBEC Act (amendment) Bill was praised by Pakistani child education campaigner and youngest Nobel Laureate, Yousafzai Malala.

"When the PIGB was passed, APC led by Tinubu, National Association of Petroleum Explorationists (NAPE), among others, hailed the Senate for a good job. Even, the World Bank commended the National Assembly for the passage of the Company and Allied Matters Act and Secured Transactions in Movable Assets and Credit Bureau Reporting Act. Of course, all these initiatives will be ignored by a man who is still sulking because his vow in 2015 that Saraki and Dogara will never lead the National Assembly did not materialize.

He reiterated that Tinubu was agonising on the erroneous belief that Saraki frustrated his ambition from becoming running mate to President Muhammadu Buhari through a Muslim-Muslim ticket in 2015.

"In his usual cavalier manner, he will stop at nothing to punish Saraki for that. We know that this attack is not about the interest of the nation or that of President Muhammadu Buhari. It is about his 2023 ambition and it is obvious in the statement as he struggled to explain this away.

Tinubu should know that while we await his attack for the next quarter, we can only advise him to stay on facts," Saraki further said.

National Assembly elections in the state.

When contacted on telephone by THISDAY to either confirm or deny the rumoured suspension of

Akeredolu, yesterday, the National Publicity Secretary of APC, Mallam Lanre Isa-Onilu said he was not aware of the decision to suspend the Ondo State governor.

BUHARI’S CABINET: APC COMPILES LOYAL MEMBERS’ LIST FOR APPOINTMENTS Governor Rochas Okorocha, who allegedly engaged in anti-party activities during the just concluded general election.

Also, as part of an assessment of the scorecard of the party in the last elections, the leadership has decided to compile cases of anti-party activities committed by its members before, during and after the election with a view to recommending necessary sanctions against them.

The issue of acts of sabotage against the party's interests was said to have contributed to the abysmal performance of the party, especially the losses it recorded in states where it

previously controlled.

THISDAY gathered that the party leadership has planned to convene its NEC meeting in June, after the inauguration of the President Muhammadu Buhari's second term administration, where it hopes to address the cases of anti party activities once and for all.

Another source said that in the lead up to the formation of the ninth National Assembly leadership, the leadership of the party is taking the issue of those opposing its choice of candidates very serious and may wait for the opportunity of the NEC meeting to punish such recalcitrant members.

"The APC national chairman and the NWC are studying several allegations brought against some members of the party and unless the affected individuals are found innocent or try to make amends between now and the next NEC meeting, the party will most likely recommend them for sanctions," he said.

Already Amosun and Okorocha have been suspended for alleged anti-party activities.

The NWC also suspended the Minister of Niger Delta Affairs, Pastor Usani Uguru Usani and the Director-General of the Voice of Nigeria (VON), Mr. Osita Okechukwu.

Although the affected

members of the party have denied receiving any official communication on the suspension order, APC said the decision was reached at a meeting of the party's NWC, presided by Oshiomhole at the APC National Secretariat.

The NWC had also said that it took a decision to recommend the suspended individuals to the NEC for expulsion.

The NWC also issued a query to the Governor of Ondo State, Chief Rotimi Akeredolu, over his alleged anti-party activities, which greatly affected the fortunes of its candidates in the recentlyconducted presidential and

ADENIYI REPRESENTS THISDAY ON CHINESE BELT AND ROAD MEDIA COUNCIL Asia and Latin America in "a bid to enhance regional connectivity and embrace a brighter future."

Apart from China, some other countries being represented on the BRNN Council include United Kingdom, France, Spain, Indonesia, Mexico, Netherlands, Egypt and South Africa.

Adeniyi, who spoke at the August 2016 China-Africa Public Diplomacy Forum in Tanzania, as well as at the 2017 and 2018 editions of Media Cooperation Forum on Belt and Road in China, will today share the African perspective at a roundtable discussion session preceding the signing of the BRNN Council Charter.

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Banks’Assets Rise to N39.0651tn Obinna Chima

The total assets of 11 commercial banks listed on the Nigerian Stock Exchange (NSE) stood at N39.065 trillion as at the end of December 2018, compared with the N34.898 trillion in the comparable period of 2017.

The compilation of the recently released results for the year ended December 31, 2018, by THISDAY, showed that the combined total assets grew by N4.167 trillion or 11 per cent in the year under review.

The banks are Zenith Bank Plc, Access Bank Plc, Guaranty Trust Bank Plc (GTBank), United Bank for Africa Plc (UBA), FBN Holdings Plc, Fidelity Bank Plc, FCMB Group, Ecobank Transnational Incorporated, Sterling Bank, Union Bank of Nigeria Plc, and Wema

Bank Plc. This amount is expected to rise further as recently released first quarter of Access Bank Plc, Zenith Bank and GTBank showed higher figures.

Also, the computation did not capture total assets of Suntrust Bank, Keystone Bank, Heritage Bank, Polaris Bank, Providus Bank, Citibank and Standard Chartered Bank as they are not listed on the NSE. According to the results, while ETI posted total assets of N8.224 trillion as at December 2018, compared with the N6.865 trillion it reported in the comparable period of 2017; Zenith Bank recorded total assets of N5.956 trillion as of December 2018, higher than the N5.595 trillion it was the previous year; GTBank recorded N3.287 trillion total assets as of

Central Bank of Nigeria (CBN) Governor, Godwin Emefiele December 2018, up from N3.551 trillion the previous year and Access Bank’s total assets stood at N4.954 trillion at the end of 2018, higher than N4.102 trillion reported the previous year.

It is worthy to note that following its business combination with the Defunct

Diamond Bank, Access Bank’s total assets jumped to N6.427 trillion at the end of the first quarter of 2019, its recently released results showed.

Furthermore, while Fidelity Bank’s total assets climbed to N1.719 trillion at the end of 2018, from N1.379 trillion the previous year; Union Bank posted total assets of N1.455 trillion as at December 2018; Sterling Bank recorded N1.103 trillion and Wema Bank’s total assets stood at N488 billion at the end of 2018.

The Central Bank of Nigeria (CBN) recently disclosed that the Capital Adequacy Ratio (CAR) of commercial banks improved from the 10.79 per cent as at August 2018, to 15.26 per cent as of December 2018.

CBN’s Deputy Governor, Financial System Stability Directorate, Mrs. Aishah Ahmad, had revealed

this. According to her, the marginal improvement in non-performing loans (NPLs) ratio was also expected to strengthen further.

CAR is a measurement of a bank’s available capital expressed as a percentage of its risk-weighted credit exposures.

The CBN requires that banks with international subsidiaries maintain CAR of 15 per cent, while banks without international subsidiaries maintain CAR of 10 per cent.

But the minimum requirement for the systemically important banks is 16 per cent. The central bank also plan to introduce new capital rules in the second quarter of 2019 that would be stricter about what sort of funding qualifies as capital.

The rules, which will align the banking industry with the

international accord known as Basel III, also require lenders to create buffers that should help them in the case of a crisis.

Notwithstanding the robust liquidity levels, Ahmad expressed dissatisfaction that credit to private sector has remained lower than required to support business investment and long-term growth.

Growth in lending portfolios is particularly important to diversify banks’ asset portfolios away from energy-related assets as earlier mentioned, she stressed.

She urged banks to be fully committed to de-risking their portfolios through new lending to small and medium scale enterprises (SMEs) and previously overlooked, but high potential sectors such as services and creative industries.

Presiding Officers: Election Results Transmitted to INEC’s Server Ready to testify at presidential petition tribunal Davidson Iriekpen with agency report Indications have emerged that about 13 presiding officers deployed by the Independent National Electoral Commission (INEC) during the presidential election have admitted under oath that they transmitted results electronically.

THISDAY gathered that the presiding officers who are in Borno and Yobe States have agreed to testify before the Presidential Election Petition Tribunal that they transmitted results of the February 23 presidential election to the server of the commission.

The contention whether or not results were forwarded

to a central database of the commission has been among the top grounds for contesting the presidential election results by the presidential candidate of the Peoples Democratic Party (PDP), Alhaji Atiku Abubakar.

Atiku was the main challenger to President Muhammadu Buhari at the presidential election.

On February 27, INEC declared Buhari winner of the elections, and issued him a certificate of return for a second four-year term starting May 29.

Atiku and his party, the PDP, challenged the results at the Presidential Election Petitions Tribunal last month, saying he won the election

and was in possession of evidence that would upturn the declared outcome.

However, in his 139page petition challenging the results at the election tribunal, Atiku said the results from INEC's server showed he polled 18,356,732 votes to defeat Buhari who had 16,741,430 votes, which contradicted the results declared by INEC that said Buhari received 15,191,847 votes against Atiku’s 11,262,978 votes.

Atiku’s lawyers said the results were released by an INEC whistleblower that had access to the commission’s internal server and other tools throughout the election.

The All Progressives

Congress (APC) had tackled Atiku over his claim that results from INEC's server showed that he won the election.

INEC also dismissed Atiku’s claim, saying the results he paraded were fabricated.

But the PDP presidential candidate said he was willing to engage experts from Microsoft, IBM and Oracle to verify his claim.

He and the PDP said INEC pulled down the results from its server and replaced it with a doctored one to favour the president.

In their witness statement of oath as reported by The Cable, the presiding officers, about 13 of them, said INEC

had during their training, instructed them on how to electronically transmit the results to its server.

“I took part in the conduct of the Presidential and National Assembly (Senate and House of Representatives) elections of February 23, 2019 where I served as the Presiding Officer (PO) and I ensured the use of the Smart Card Reader for accreditation, verification, authentication, collation and transmission of votes in my polling unit,” one of the presiding officers said.

“At the end of voting, the information on the Smart Card Reader with the results inclusive, were collated by me in the presence of the party agents and other ad-hoc staff

of the 1st respondent after which my Assistant Presiding Officer (APO-1) transmitted the result electronically in my presence to the 1st respondent’s server, using the Smart Card Reader (SCR) and the code provided by the 1st respondent.”

Another presiding officer said: “I was employed as an ad hoc staff and trained for three days by the 1st respondent at the Government College, Maiduguri, Borno State to serve as a Presiding Officer (PO) at Waliri Polling Unit with Code 003, of Shehun Barna Ward, Borno State on February 23, 2019 Presidential and National Assembly (Senate and House of Representatives) elections.”

Atiku Asks FG to Take Urgent Steps to Stem Insecurity Adedayo Akinwale in Abuja Following the alarming increase in insecurity across the country, the presidential candidate of the Peoples Democratic Party (PDP) in the just concluded general election, Alhaji Atiku Abubakar, has called on the federal government to take urgent actions to stem the

insecurity.

The former vice president made the call yesterday in a statement, where he lamented that when the punishment for crimes are not forthcoming, criminals are emboldened to commit even worse crimes.

He stressed the need to keep Nigeria safe for Nigerians and foreigners, noting that as long

as there is impunity, the nation would lack unity and security.

Atiku added that the death of any Nigerian or foreigner from terror, crime or insecurity grieves his heart, stressing that nobody’s life is worth taking to advance a religious, political or criminal cause.

He stated: "Impunity must end and must end today. These

crimes continue to reoccur because previous killings have not been met with justice.

"I condemn the killing of British aid worker, Faye Mooney, and her Nigerian colleague, Mathew Oguche.

I condemn these recent killings in the strongest possible terms and I want the government and people of the United Kingdom

to know that these atrocious actions do not reflect Nigeria’s national character.

"These killings must end or Nigeria will lose desperately needed friends, partners and investors. Not only do I condemn this recent killing, but I make an urgent call for the federal and state authorities to track down the culprits

and make them pay for their crimes. The time for empty rhetoric is long gone. Now is the time for urgent national action to stem insecurity.

"Nigeria must once again become synonymous with peace, progress and prosperity.

This can only happen when crime and punishment are a natural cause and effect."

Onnoghen’s Name Removed from NJC’s Membership List Alex Enumah in Abuja The name of the former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen, has been removed from the list of members of the National Judicial Council (NJC) on its official website.

A visit to the official website of the NJC revealed that both Onnoghen's name and image have been replaced with that of the Acting CJN, Justice Tanko Muhammad.

The NJC last Thursday approved the extension of the appointment of Justice Muhammad for another three months in response to President Muhammadu Buhari’s request.

Onnoghen and Muhammad were in late January this year suspended as members of NJC, pending the hearing and determination of various petitions against them.

Onnoghen's petition borders on allegations of corruption, while Muhammad was accused of accepting the position of Acting CJN, without being recommended by the NJC. However, while the council said it found no wrongdoing

by Justice Muhammad, and accordingly recommended him to President Buhari as Acting CJN, it recommended the compulsory retirement of Onnoghen based on its findings from the petition

against the former CJN by the Economic and Financial Crimes Commission (EFCC).

Justice Onnoghen had on April 4, 2019, sent his notice of retirement to President Buhari, but was however, convicted by the Code of Conduct Tribunal (CCT) on April 18.

Onnoghen was convicted on all six-count charge of false and non-declaration of assets.

The tribunal in passing its sentence, ordered the removal of Onnoghen as CJN and chairman of NJC. He was also barred from holding public office for 10 years for contravening the CCB laws in his Assets Declaration Form.

The position of the deputy chairman of the council is still yet unfilled, but according to law, the next most senior Justice of the Supreme Court, Justice Bode Rhodes-Vivour, is expected to be appointed at the NJC's next meeting.

The current 23-man member list of the NJC includes Acting Chairman of the Council, Justice Muhammad; President of the Court of Appeal, Justice Z.A. Bulkachuwa; retired Justice of the Supreme Court and former chairman of the Independent Corrupt Practices and other Related Offences Commission, Justice Emmanuel Ayoola; retired Justice of the Supreme Court,

Justice Sunday Akintan; and former President of the Court of Appeal, Justice Umaru Abdullahi; retired Justice of the Court of Appeal, Justice, V.O.A Omage.

Others are the Chief Judge of the Federal High Court, Justice Adamu Abdu-Kafarati; President, National Industrial Court of Nigeria, Justice Babatunde Adejumo; Chief Judge, High Court of the Federal Capital Territory, Justice Ishaq Bello.

The Chief Judge of Oyo State, Justice Munta Abiola; Chief Judge of Borno State, Justice Kashim Zannah; Chief Judge of Imo State, Pascal Nnadi; Chief Judge of Delta State, Marshal Umukoro are

also on the list.

Grand Kadi, Sharia Court of Appeal, Kwara State, Grand Kadi Mohammed Abdulkadir; and President, Customary Court of Appeal, Plateau State, Justice Julia Kyentu; President of the Nigerian Bar Association, Mr. Paul Usoro (SAN); former NBA President, Abubakar Mahmoud (SAN); NBA member, Dr. Muiz Banire (SAN); NBA member.

Damien Dodo (SAN) and another NBA member, Efe Etomi, are also members.

The remaining include, a retired public servant, Mrs Rakiya Ibrahim; a retired Permanent Secretary, Mrs R.I Inga, and Secretary to the council, Ahmed Gambo Saleh.

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

Bandits Kill 17, Abduct Two Women in Katsina Community Francis Sardauna in Katsina

Bandits have again invaded Yar Centre, an outskirts of Sherere community in Kankara Local Government Area of Katsina State, killing 17 persons, while dozens sustained varying degrees of injuries and many houses set ablaze.

The bandits, according to residents, also abducted two women, rustled 120 cattle and destroyed 21 shops and vehicles.

The incident, it was also gathered, took place last Sunday evening when the bandits riding on bikes stormed eight houses in the village and shot the occupants.

An eyewitness put the number of those killed at 17, while police in the state said only five were killed as a result of “reprisal” by the bandits.

The eyewitness said:

“Bandits yesterday evening on motorcycles attacked our village and killed more than 17 persons. As of yesterday night, the corpses were 10 but this morning, we recovered additional seven corpses.”

Also confirming the incident yesterday, the leader of the village, Dikko Babba Sherere, said: “We can’t even go out and hold the burial rite of the deceased for fear of the bandits.

“The bandits also abducted two women, killed many animals and rustled 120 cattle.

They also burnt 21 shops, many houses and vehicles.

“As I speak to you, many of our women and children are nowhere to be found, while hundreds of them are trekking to our local government area headquarters. We are calling on security operatives to come to our rescue.”

THISDAY reliably gathered that over 500 residents of the

community had fled the area for fear of another attack by the bandits.

It was also gathered that those injured during the invasion were rushed to an undisclosed hospital in the local government headquarters for medical treatment.

Meanwhile, the spokesman of the Katsina State Police Command, SP Gambo Isah, while confirming the incident to THISDAY in a telephone

interview, said five persons were killed during the attack, adding that “we have evacuated the corpses of the victims.

“It was an ambush by bandits. There is conflict between Civilian JTF and bandits, and many of these bandits were killed. So, the bandits, as an act of reprisal, attacked the village and killed about five people.”

He said the command had

since launched a manhunt for those who perpetrated the killings, adding that normalcy had returned to the community.

According to him, “normalcy has returned and the people have returned to their houses.

Our men, including senior officers, are in the forest searching for the bandits.”

While describing the activities of Civilian JTF in the state as illegal, Isah said: “What they are doing is illegal.

You cannot go to somebody’s house on mere suspicion, fish him out and kill him.

“Even as police officers, we don’t have the right to kill someone because of mere suspicion. It is the court that decides whether somebody is guilty or not.

They should avoid taking laws into their hands. They should have confidence in the police by reporting happenings to us.”

Death of 11 Christians: Gombe Dep Gov, CAN Sue for Peace Segun Awofadeji in Gombe No fewer than eleven persons including a policeman and an NSCDC officer were confirmed dead after a car rammed into a procession of Christian youths (mostly Boys Brigade members) who were on an Easter rally last Sunday night in Gombe town, Gombe State.

This is coming as the leadership of the Christian Association (CAN) in the North-east region appealed to Christians in the state to remain calm following the killing of nine Boys Brigade (BB) members by an NSCDC officer at an Easter procession last Sunday night.

THISDAY checks revealed that the youths were on their usual Easter rally in celebration of the resurrection of Jesus Christ when the unidentified NSCDC and his police friend came across them during the procession at Alheri junction at Biu Road, Gombe.

The state Deputy Governor, Charles Iliya, who was accompanied by the state CAN Chairman, Reverend Ibrahim Joda, as well as the North-east CAN chairman, Reverend Abare Kalla, also appealed for calm as he assured them that the state government would not allow the unfortunate incident to go untreated.

Addressing parents and other mourners who thronged the state Specialist Hospital where the dead were deposited at the mortuary and the injured receiving treatment, Iliya also said the state government would foot the hospital bills of all those receiving treatment.

The deputy governor, who spoke amid boos and jeers from the angry youths, said

he was pained too, and that the state government was not behind the unfortunate incident, stressing that “we have spoken to the security authorities and they have assured us that action will be taken soon.”

Earlier, while going round with the deputy governor, the state CAN Chairman, Joda, appealed for calm among the Christian faithful and described the incident as a very sad moment for Christians in this period of Easter when they were supposed to be celebrating the resurrection of the risen Lord. He also offered prayers for healing of the injured and for the repose of the souls of the dead.

Also speaking in an interview with journalists, the North-east Chairman of CAN, Kalla, said though it was painful, he said calm and caution must be exercised now.

Apprehension and palpable tension had engulfed the Gombe State capital Monday morning when news broke out on the alleged killing of 11 Boys Brigade (BB) members by an NSCDC officer and his police friend last Sunday night when the youths were observing their usual Easter procession.

Investigation by THISDAY revealed that the officers, after exchanging words with the youths during the procession, used a different lane and left, only to turn back with the headlight of the vehicle switched off and deliberately rammed into the youths from behind killing eight persons on the spot. The youths in turn, chased the security officers who were not on duty, caught them and applied jungle justice to the security officers.

WOMEN AFFAIR...

L-R: Special Adviser to the wife of the President, Dr. Hajo Sani; wife of the President, Hajia Aisha Buhari; Director General, National Centre for Women Development, Mrs. Mary Ekpere-Ita; and other associates of the wife of the President, during a high-powered meeting on continuous education for professional women at the First Lady’s Conference Room, State House, Abuja... weekend GODWIN OMOIGUI

Oil Price Jumps as US Plans to Tighten Iran Sanctions Ejiofor Alike with agency reports Crude oil jumped almost three per cent yesterday after the United States said it will tighten a clamp-down on Iranian oil exports in May. The United States said it will eliminate in May all waivers that allowed eight countries to buy Iranian oil without facing US sanctions, a move that sent oil price to 2019 high.

At the early trading yesterday, oil topped $74 per barrel, the highest since November 2018, as the United States announced a further clampdown on Iranian oil exports, raising concern of tighter global supplies.

But later in the day, Brent

crude, the global benchmark, rose as much as 3.3 per cent per barrel and was last up $1.98 to settle at $73.95.

The US West Texas Intermediate crude climbed by as much as 2.9 per cent to $65.87, the highest since October 31.

WTI was up $1.48 to $65.48 per barrel.

Reuters reported that another drop in Iranian exports would further squeeze supply in a market already tightened through the United States sanctions against Iran and fellow OPEC member, Venezuela, plus voluntary cuts led by the Organisation of the Petroleum Exporting Countries (OPEC).

In November 2018, the United States re-imposed sanctions on exports of

Iranian oil after President Donald Trump unilaterally pulled out of a 2015 nuclear accord between Iran and six world powers.

Washington, however, granted waivers to Iran’s eight main buyers - China, India, Japan, South Korea, Taiwan, Turkey, Italy and Greece - that allowed them to continue making limited purchases for six months.

But the US Secretary of State Mike Pompeo yesterday reiterated that Washington’s goal was to bring down exports of Iranian oil to zero and added that the United States had no plans to give any grace period beyond May 1 for countries to comply.

An end to the exemptions would hit Asian buyers hardest. Iran’s biggest

oil customers are China and India, both of which have been lobbying for an extension to the sanction waivers.

Trump said Saudi Arabia and other OPEC nations could “more than make up” for any drop in Iranian oil supplies. OPEC and allies led by Russia have been cutting production in 2019 to support the market.

Saudi Arabia said it would coordinate with other producers to ensure an adequate crude supply and a balanced market following the US announcement.

Meanwhile, major financial markets in Europe were closed for Easter Monday, as were markets in Australia and Hong Kong.

Benue Govt Imposes Curfew on Katsina-Ala The Benue State Government yesterday imposed a 24hour curfew on Katsina-Ala town in Katsina-Ala Local Government Area (LGA) of the state.

This is contained in a statement signed by the Chief Press Secretary to the Acting Governor, Mr. Ede Ogaba, and made available to the News Agency of

Nigeria (NAN) in Makurdi, the state capital.

Ogaba said the curfew, which is with immediate effect, would be reviewed as the situation demands.

“The Benue State Government has imposed a 24-hour curfew on KatsinaAla with effect from today (Monday), April 22, as part of efforts to restore peace

and ensure the security of lives and property in that part of the state,” he said.

Ogaba quoted the acting governor, Benson Abounu, as urging the people of the area to cooperate with security operatives by obeying the curfew.

“Government warns that anyone found fomenting trouble in the area or in

other parts of the state will be apprehended and punished according to law.

“Government reassures the people that more security personnel have been deployed to KatsinaAla to end the crisis, and it will continue to give security agencies every needed support to succeed,” he said.

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TUESDAY APRIL 23, 2019 ˾ T H I S D AY

NEWS

Osun Guber Poll: Appeal Court Begins Hearing of Oyetola, APC’s Case April 24 NBA chair protests membership of Justice Oyewole in appeal panel Alex Enumah in Abuja The Abuja division of the Court of Appeal will on April 24, 2019, commence hearing in the appeals filed by the Osun State Governor, Adegboyega Oyetola, and his party, the All Progressives Congress (APC), challenging the decision of the Osun State Governorship Election Petition Tribunal, which sacked Oyetola from office.

This is coming as the Chairman of Nigeria Bar Association (NBA), Ilesha Branch, Osun State, Kanmi Ajibola, has protested the alleged membership of Justice Olubunmi Oyewole of the three-member panel that will hear the appeal.

The tribunal, in a split decision of two-to-one in its March 22, 2019 judgment, voided the victory of Oyetola and the APC in last year’s Osun governorship election.

Dissatisfied with the decision of the tribunal, Oyetola and the APC had approached the Court of Appeal to reverse the

decision.

Both Oyetola and the APC in the separate notices of appeal they filed against the tribunal’s majority judgment, urged the Court of Appeal to uphold their appeals, set aside the majority judgment and dismiss the October 16, 2018 petition by Adeleke and the PDP. The governor in his 39-ground notice of appeal filed on March 26, 2019 by his team of lawyers, led by Wole Olanipekun (SAN), claimed that the judgment was “perverse, replete with contradictions and not supported by evidence led by the petitioners”.

However, a document sent to parties in the suit, a copy of which was sighted

by THISDAY, revealed that hearing has been scheduled for April 24.

At the commencement of the case, the appellants who are querying the judgment, would be asking the court to set aside the majority judgment and dismiss the October 16, 2018 petition by PDP and

Adeleke.

Oyetola and the APC said they were contesting the entire majority judgment, except where it held that it lacked jurisdiction to set aside the INEC guidelines used for the election; that the allegation of over voting was not proved; that the petitioners did not prove voided votes, and other parts of the judgment where it agreed with their arguments.

Meanwhile, a lawyer and current Chairman of NBA, Ilesha Branch, Ajibola, has protested the alleged membership of Justice Olubunmi Oyewole of the three-member panel to hear the appeal on alleged bias.

Ajibola in a letter dated April 18, 2019 to the President, Court of Appeal, Abuja,

insisted that Justice Oyewole is a benefactor of the appellants and “will find it difficult to dispense justice on the hard matter of laws and facts of this appeal”.

He said, “It is my duty as legal practitioner to promote rule of law, equity and justice in Nigeria and beyond.

“It is important to bring this to the notice of your Lordship that I have it on good authority that Honourable Justice JOK Oyewole is one of those justices to be appointed by your good self to serve in the Appeal Tribunal of the Osun Governorship Election Petition.

“Please note that Justice JOk Oyewole is a benefactor of the appellants and will find it difficult to dispense justice on the hard matter of laws and

facts of this appeal”, he said.

In the letter titled: “Justice, Fairness and Equity: Your Lordship on the Appointment of Honourable Justice JOK Oyewole to Sit on the Appeal of Osun State Governorship Election Petition,” the lawyer disclosed that Justice Oyewole was at a time nominated by former Rauf Aregbesola’s government to be the Chief Judge of Osun State even though he was a judge in Lagos State Judiciary.

He said following a petition he wrote to then Chief Justice of Nigeria, Justice Aloma Muktar, the move was twarted, adding that Justice Oyewole was however again presented by the same Aregbesola’s government to the National Judicial Council (NJC) in 2013

to use Osun’s slot in the Court of Appeal and was confirmed by then President Goodluck Jonathan.

‘Without much ado, Justice JOK Oyewole got to the Court of Appeal through the efforts of Tinubu/Aregbesola and Oyetola (now Appellant). My Lord, considering all this, how on earth will he not favour the above three persons in his dispensation of justice in this Appeal?

“Without stealing lightening from thunder, he will definitely be biased and justice in this case will be denied outrightly.

I, therefore, pray My Lord to get a different person and appoint him to sit on the Appeal of Osun State Governorship Election Petition”, he submitted.

Sagay Urges Itsekiri Women, Youths to Fight Corruption Hamid Ayodeji The Chairman, Presidential Committee on Anti-corruption, Professor Itse Sagay, has urged the youths and women of Itsekiri tribe in Delta State to fight corruption with the primary objective of achieving development in Ugborodo New Town, Warri, in the state.

According to Sagay, they need to monitor and ensure that the people who are assigned to execute projects actually do that, instead of embezzling the funds and leaving the projects abandoned.

He said: “We have been having discussions on this issue for the last two years, I think Warri has a structural problem, there is no defined transparent authority to explain how the deals are made and monitored the development of the funded projects.

“A few people collect these funds and then there is no development in the region.

We the people of Itsekri need to unite to let these corrupt people know that we have had enough and we are ready to come together to fight for what our region deserved, which is justice.

“Other ethnic groups have not been tolerating this type of situation; I would say the Itsekiri people are tolerating it. We are one of the richest nations in the world; so, we will not keep quiet about this corruption.”

Also speaking at the event, Lagos-based activist, Chief Rita-Lori Ugbebor, said: “As Itsekiri mothers from the Warri region, we have come to discuss and find solutions to the controversies going on

in Ugborodo community in Warri.”

The veteran journalist lamented that “sadly, efforts to save Ugborodo from being washed away are being obstructed by people who were entrusted with money concerning the development of the area.

“For instance the primary reason we are here is to discuss the development situation of this region, and accountability for the funds that have been allocated to execute these projects.

“In 1999, funds were allocated to develop Ugborodo an oil and gas rich community in Delta State, into an ultramodern town. To make sure the project could be executed, Chevron contributed six million dollars into the Itsekiri Regional Development Council’s (IRDC) account.

“In 2011 Delta State Oil Producing Area Development Commission (DESPADEC) paid one billion naira to the office of the Honorable Chairman for the development of Ugborodo New Town. Today the project has been described in DESOPADEC official contract document as completed and completely paid for.

“However, apart from 15 units of bungalows at foundation level in the area there is nothing that has been done to justify and account for the large amounts of funds disbursed for the development of the oil and gas-rich region.

She also explained that the Ugborodo community did not get any positive feedback from the institutions and companies involved in these projects

CULTURAL IDENTITY...

Delta State Governor, Senator Ifeanyi Okowa (left), and President,Organisation for the Advancement of Anioma Culture (OFAAC), Kester Ifeadi, during the 2019, 16th Anioma Cultural Festival, at Arcade Grand Nnebisi Road, Asaba...yesterday

Corruption: Don’t Judge Us by Conviction Figure, Says FG The federal government has said it will be unfair for Nigerians to measure its achievements in the fight against corruption by the number of convictions it has secured.

The Minister of Information and Culture, Alhaji Lai Mohammed stated this yesterday when he featured on a live TVC News Programme, “This Morning” monitored by the News Agency of Nigeria (NAN) in Abuja.

Mohammed said that the administration has succeeded in laying enduring foundation for fight against corruption through sustainable policies including the Single Treasury Account (TSA), and the Whistle Blower Policy.

He said with the solid foundation, the fight against corruption will remain the bedrock of the administration in the next four years.

“Under this administration, we

insisted and have succeeded in ensuring that all payments and revenues are paid into the TSA “Before we came in, the federal government had over 2,000 different accounts in various banks, which resulted in paying several billions on naira in charges.

“The government then also never had an idea of how much it had as revenue “Today, over N9.3 trillion has gone into the TSA and that is why it is possible for us to invest, especially in the area of infrastructure and social investment programmes,” he said.

The minister said with the TSA savings, the government spent unprecedented N2.7 trillion on development of infrastructure in 2017 and 2018 and also introduced accountability in spending of government resources.

He said the Whistle Blower policy has helped in blocking

corruption and recovery of looted funds.

Mohammed disclosed that, the government has, so far, recovered several billions of Naira and about $53 million through the policy alone.

He said the administration’s fight against corruption has been recognised abroad with the AU recognition of President Muhammadu Buhari as the champion of anti-corruption.

The minister said that the United Nations Office on Drugs and Crime (UNODC) also recognised the efforts of the administration in fighting corruption.

“When we say the fight against corruption is successful is because we have laid the foundation that would make it difficult for people to engage in the evil act.

“For us success of the fight against corruption is the fact that

we have driven corruption under the table and make it unattractive as it was before.

“Those who are corrupt are doing so with the fear of the law.

It will progressively become more and more difficult in Nigeria for corruption to be attractive,” he said On the allegation that the government’s anti-corruption fight was against perceived enemies and opposition, the minister said it was a misconception.

“We had 16 years of unbroken rule by the PDP; so, the likely people who will be accused of misuse of resources should be the people who were in charge .

“We also have some former governors who decamped to APC who have also been convicted,” he said.

The minister reiterated that the anti-corruption fight would be frontal in the next four years of the administration of President Buhari.

TUESDAY APRIL 23, 2019 ˾ T H I S D AY

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NEWS

JAMB: Someone Registered 64 Times to Write UTME for 64 Candidates Releases code for checking 2019 results

Kuni Tyessi in Abuja The Joint Admissions and Matriculation Board has said it has caught someone it described as a “notorious cheat” who had registered for the Unified Tertiary Matriculation Examination (UTME) 64 times, with the intention of writing the examination for 64 candidates.

This is coming as the examination body has released “55019” as the code needed to check the just concluded 2019 UTME results.

JAMB added that overall, no fewer than 100 examination cheats have so far been arrested by security operatives across the country during the just concluded UTME. The examination body lamented that multiple registrations inflate annual registration for the UTME exercise by up to 30 per cent.

In its Weekly Bulletin released in Abuja yesterday by its spokesperson, Dr. Fabian Benjamin, JAMB said the fraudsters were engaged in multiple registrations to facilitate impersonation during

the examination.

JAMB also said that data available to it showed that the practice was prevalent in virtually all the states of the federation, including Abuja.

Among the persons arrested was a notorious cheat who had registered about 64 times in a bid to “ghost-write” for 64 candidates, the board revealed.

The examination body said the arrest of the culprits was made possible by the comprehensive and mandatory identity checks conducted on those taking the examination, with a view to fishing out professional ghost writers before the release of the results.

JAMB also said that it had cancelled the results of two Computer Based Test centres in Abia State over what it described as “widespread irregularities” during the UTME. It gave the names of the CBT centres as Heritage and Infinity CBT centre; and Okwyzil Computer Institute Comprehensive School Ugwunabo, Aba, Abia State.

Meanwhile, JAMB has released “55019” as the

code needed to check the just concluded 2019 UTME results.

The board said it is not going to be business as usual when results were released within 24 and 48 hours after examination, as done in the past.

In a statement released by Benjamin, the board said it has simplified the process of checking the results and had

saved the candidates from shylock business centres and cyber cafes, which often take advantage of them.

He said, “effective from when the board would announce the release of the 2019 UTME’s results, all candidates who wish to check their results should simply send RESULT to 55019 using the same phone number that was used for registration and

then results will be returned as text messages.

“After a thorough, rigorous and successful screening process to identify and apprehend examination cheats, especially those involved in multiple registrations through the combination of fingers for biometric capturing, group/ bulk registration by elite schools, which end up mixing

candidates data, the board will release results.

“The board does not want the release of the 2019 UTME’s results to be business-as-usual, hence the programmed delay, which is part of its deliberate efforts to properly scrutinise, identify and address all forms of exam malpractices, particularly as it pertains ghost writing and multiple registration.”

Osun Senator: I Pressured David Mark to Reduce Our Running Cost The senator representing Osun Central senatorial district, Olusola Adeyeye, has revealed that senators earned as high as N20 million as running cost until the seventh assembly presided over

by Senator David Mark, assumed legislative duties.

Adeyeye disclosed this while reacting to the criticism of his stance that Nigeria’s Constitution poses a problem for the country.

Last year, the senator representing Kaduna central, Shehu Sani, had revealed that members of the upper legislative chamber receive N13.5 million monthly as running cost, in addition to over N700,000 monthly consolidated salary and allowances of each senator.

Adeyeye, according to TheCable, said he played a pivotal role in prevailing on Mark, two-time senate president, to reduce the running cost of the lawmakers.

“Let me say that the running costs used to be very significantly higher than the current amount at a time when the naira fetched twice its current value of hard currency,” Adeyeye said.

“I dare say that I was a pivotal anchor of internal pressures that reduced the running costs from what was as high as 20 million naira per month. I had long discussions with Senator David Mark.

“To his credit, I did not need to talk much to convince him about the necessity to reduce the running costs. The knotty issues were the timing and magnitude of reduction.

“That Senator David Mark survived eight years as Senate President, despite stepwise reduction of running costs during

his tenure, speaks volumes about his leadership skills and dexterity.

At plenary last Wednesday, Adeyeye told his colleagues that they did not “have the spine to face what we need to give this republic have peace and progress”.

He complained about an imbalance of items listed in the exclusive list compared to the concurrent list, while canvassing for the creation of state police.

His statement sparked controversy, with many disagreeing with his stance.

In his reaction, the lawmaker said: “Nigeria’s problems emanate from a cabal of survivalist adventurers in power drawn from all ethnicities. Of the 20 years span of our Fourth Republic, southerners have held power for 14 years! Yet, pundits conveniently heap blames on Northerners and Fulanis as if Obasanjo and Jonathan are northerners.

“One sad aspect of the discourse on the maladies afflicting our republic is the tendency to project northern states as parasitic on southern oil. But are Osun and Ekiti states less parasitic than Kwara and Jigawa states in terms of the proportion of their budgetary revenues that are derived from allocations from Abuja?

“If the abuse of state police is sufficient reason for disbanding it, perhaps we should long have disbanded the Nigeria Police for the same reason! Add to that the Nigerian Army, the EFCC and other monopolised instruments of coercion, which Obasanjo used repeatedly to subvert elected governments of Anambra, Plateau, Ekiti and Oyo!

OIL & GAS FORUM...

L-R: Managing Director, Shell Nigeria Gas and Nigerian Gas Association (NGA) council member, Ed Ubong; President, NGA and Executive Director, Falcon Corporation Limited, Audrey Joe-Ezigbo; General Manager, Gas Portfolio Shell Petroleum Development Company, Yemi Famori; Commercial Manager, Gas and Power Operations Shell Petroleum Development Company of Nigeria, John Kadiri at the NGA Business Forum 2019 in Lagos... recently

Guild of Editors Seeks Collaboration with NUJ Ibrahim Shuaibu in Kano The President of Nigeria Guild of Editors (NGE), Mrs. Funke Egbemode, yesterday in Kano called for synergy between NGE and Nigeria Union of Journalists (NUJ), insisting that such will ensure better working conditions and welfare of journalists in Nigeria.

Egbemode, who is also the Managing Director of the New Telegraph Newspapers, noted that increased working relationship between the NGE and NUJ would be of a great benefit for

the journalism profession.

She said there should be fraternity that exists between NGE and NUJ so as to gain mutual respect as well as redeem the journalism profession from ridicule and intimidation from external forces.

According to the editor, her administration in the NGE has been advocating for the need for mutual understanding and operation between NGE and NUJ, while also calling on stakeholders of the two professional bodies to think towards that direction.

She commended Kano Council

of the NUJ for conducting themselves “in a more mature and professional way. The Kano NUJ has remained pace-setters across the country. I am glad with what you are doing.

“The only place we experienced this kind maturity and excellent relationship between NGE and NUJ was in China, not knowing that is highly workable in our own country.”

In his remark, the Chairman of NUJ Kano Council, Abbas Ibrahim, commended the NGE president for her giant strides in office, and urged her never to relent in her efforts

to re-brand journalism profession in Nigeria.

Ibrahim said: “In the world of journalism today, Funke is a success story and also a source of inspiration whose qualities should be imbibed for a better journalism practices.”

In his remarks, Sule Yau Sule, who is a former Director of Press in Kano and a veteran journalist, said: “Today what is actually missing is the sound relationship between working journalists on ground and their editors, and if that is achieved, the practice would tremendously improve for the better.”

Hoodlums Set Ablaze Ogun Deputy Speaker’s Campaign Office Femi Ogbonnikan in Abeokuta Pandemonium broke out in Ifo last Sunday night when hoodlums invaded the campaign office of the Deputy Speaker of Ogun State House of Assembly, Hon Olakunle Oluomo, and burnt it down.

Five vehicles parked within the premises of the campaign office were also burnt down.

It was gathered that trouble started at the grand finale of a cultural festival, ‘Akoogun’, in the ancient town when one of the boys allegedly opposed to the victory of the All Progressives

Congress (APC) in the March 9 governorship election, invited political thugs and road transport union workers to unleash mayhem on Oluomo, a staunch supporter of the governor-elect and the re-elected House of Assembly member in Ifo 1 constituency.

According to the deputy speaker in a save-my-soul petition to the state Commissioner of Police yesterday, he learnt that the operatives of the Special AntiRobbery Squad (SARS) trailed one of the boys to the venue of the ‘Akoogun’ festival and arrested him while in possession of a gun.

“I learnt that while SARS

operatives attempted to whisky him away to their office, his colleagues cordoned off the armed policemen in a bid to prevent them from taking him away.

In that attempt, the hoodlums retrieved the gun from the policemen and even attempted to seize an AK-47 rifle from one of the policemen.

In the ensued melee, one of the boys was killed and the policemen escaped from the scene,” he narrated.

Shortly after, Oluomo stated that the boys later regrouped and started attacking any APC members or supporters in sight.

According to him, “they were accusing APC supporters for inviting the SARS operatives.

“They later mobilised themselves in large numbers, moved to my constituency office and set ablaze five vehicles-three Mercedes 42-seater buses, One Isuzu luxury bus and a 36-seater coaster bus-that I use for free school shuttle.

“The entire office was razed down before they later moved down to the constituency office of Hon. Ibrahim Isiaka, who is a re-elected Ifo/Ewekoro federal constituency lawmaker and burnt it down as well.

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T H I S D AY ˾ TUESDAY APRIL 23, 2019

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COMMENT

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

WE DON’T HAVE TIME

On Earth Day, Kathleen Rogers and Ingmar Rentzhog emphasise the need to pay more attention to the environment

G

enerally speaking, humans have demonstrated over and over a remarkable ability to cooperate in a crisis. The tragic fire at the beloved Notre Dame’s Cathedral was a case in point. Firemen and even members of the public rushed into the inferno, while millions of people around the world paced in front of their TV sets, wanting to jump in and help, anxiously waiting for the fire to be put out, and breathing a collective sigh of relief that there was hope for its survival. Donors rushed in behind first responders, generating a billion euros in financial support to rebuild within 24 hours.

Humans have also aligned themselves around seemingly perpetual, slow burning crises to advance social and civil rights issues. Together with governments, people have established a number of functioning democracies, have mostly abolished slavery, and in a remarkable show of global support, the Paris Agreement on Climate Change opened for signature on Earth Day on April 22, 2016. The Climate Agreement was a reminder of what can happen with the planets of science, people’s movements, bureaucracies, and economic interests come into alignment around a crisis.

Yet despite that global consensus, the world’s annual carbon emissions reached an all-time high last year; a year that was the fourth hottest on record and saw massive wildfires, continued Antarctic ice mass loss, astonishing accelerating species losses, and a harrowing IPCC report warning humanity that going above the Paris lower limit of 1.5 °C global warming will have catastrophic consequences. The slow burning climate crisis has turned into its own massive inferno.

The quantifiable impacts of climate change’s environmental destruction are in orders of magnitude greater that any single storm, fire or flood. These impacts have been documented by legions of physicians, epidemiologists, chemists, climatologists, conservation biologists, economists, and other experts. But they are politically inconsequential.

Scientists and environmentalists have been the first responders, but we have been overwhelmed with fires, both literal and figurative, and slow government action, lacking coordination, funding, and most important determination. Worse, some government leaders are backing away from commitments and will be remembered for centuries in the future--Nero-like puppets, playing fiddles built with fossil fuel money.

In the meantime, public support for the environment remains broad-based but it has been remarkably mild-mannered

ALTHOUGH OUR PLANET FACES MAJOR TIPPING POINTS ON CLIMATE CHANGE, OCEAN ACIDIFICATION, FRESH WATER DEPLETION, TOPSOIL LOSS, TOXIC CHEMICALS, ANTIBIOTICRESISTANT DISEASES, AND AN EPIDEMIC OF EXTINCTION, THE ENVIRONMENT IS NOT A TOPTIER POLITICAL ISSUE. ANYWHERE

in the face of the acceleration of climate change. Although our planet faces major tipping points on climate change, ocean acidification, fresh water depletion, topsoil loss, toxic chemicals, antibiotic-resistant diseases, and an epidemic of extinction, the environment is not a top-tier political issue.

Anywhere! Most people do voice care about the environment. But very few of them vote for candidates primarily based on their environmental stances. Politicians know they can shred environmental safeguards without suffering political consequences. The very enormity of environmental threats produces self-defeating responses: one, flat-out denial; two, a sense of personal impotence; or three, paralysis. We pay attention to problems where we can identify the victims and where our actions appear likely to make a difference.

Faced with this lack of urgency, a consensus has developed that only an authentic, broad based, tactical, coordinated and diverse citizen action campaign will be effective. On the ground organizing and social media are the tools that should be wielded against anti-environmental or uncommitted corporations and spiritless or purchased politicians. In raising the stakes, the movement will focus on demonstrating that the failure to support policies and technologies that solve the climate crises will have consequences. The goal of our strategy is to intensify support for environmental values to the point where it will produce sweeping consequences.

Behind the scenes a new social and political movement is growing, aided by a coordinated environmental coalition along with high school kids, faith groups, mayors, and investors who are standing up to politicians and corporations that put profits above people and the planet. This network and the platforms that we will use will focus on elections, consumer campaigns, and corporate governance and decision-making processes. Our goals are to mobilize a huge, diverse, intense movement in the recognition that the crisis is urgent and that we don’t have time.

Earth Day 2019 is a great day to launch this global initiative. It is the people’s day, the one inspired by 20 million boots on the ground in 1970. The world is mobilizing again, tapping into the power of a conscious, concerned, and coordinated global citizenry to meet a crisis that can’t wait another minute.

Rogers is President, Earth Day Network, Washington, D.C. while Rentzhog is CEO & Founder, We Don’t Have Time, Stockholm, Sweden

WORLD BOOK AND COPYRIGHT DAY Koko Kalango writes that the country should exploit education as a tool for national development

I

recall that as a postgraduate student of International Relations and Strategic Studies, 20 years ago, we were asked to debate Huntington’s ‘A Clash of Civilizations’, first published in Foreign Affairs of Summer 1993.

In this thesis, Samuel Huntington posits that the basis of identify for States would shift from economy and/or ideology - as it was in the cold war era - to culture. He says states having similar cultures will group together into civilization clusters. He identifies such groupings as: Western (United States and Europe), Confusion (Chinese), Japanese, Islamic (Arab, Turk, Malay, North Africa), and possibly African. He said globalisation would cause these different civilizations to rub against one another, resulting in international conflict. If there will be a third World War, Huntington predicts that it is a clash of civilisations that will cause it.

I argued on Huntington’s side. Professor Christopher Clapham, who gave the assignment, remarked on my paper that I had put up a courageous case. His comments suggested that no one else in our class had sided with Huntington. I acknowledge that I am not blessed with the ability to follow the crowd. However, I did not take ‘the road less travelled’ in this debate out of routine but because I saw reason.

While the nature of conflict on the world stage in this new millennium lends credence to Huntington’s case, we see that this ‘Clash of Civilisations’ is not restricted to international relations. It takes place within nations, families, between generations, between different social strata, etc.

This conflict is unconventional. Its army is fluid. It is a movement of like-minds.

Its Generals are influencers in various fields with followers residing mainly in

cyperspace. We should be concerned how this kind of warfare is playing out in our national life.

Today, World Book and Copyright Day, is as good a time as any to take a reading of Nigeria’s national barometer, note the index of our collective wellbeing, see how this may be affecting the ‘Clash of Civilisations’ going on within our boarders and begin to put in place a long-term plan to channel it to our advantage.

According to the CIA’s World Factbook, ‘over 62% of Nigeria’s over 180 million people still live in extreme poverty’. In short, life is unbearable for most Nigerians.

When people lose hope they become desperate and their minds become fertile ground for a revolution. If nothing is done to address this trend, it is a matter of time before an implosion occurs.

A UNESCO slogan says ‘since it is in the mind of man that war was conceived then it is in the mind of man that peace must be constructed’.

In effect, the mind is the epicentre in the ‘Clash of Civilisations’. We can wield influence on the mind either to build or to destroy. This is where education is key.

Education develops the mind. It helps us think and opens us up to opportunities.

An educated populace is therefore better equipped as positive architects of society.

But to effectively deploy education as a tool for national development, we need a clear national ethos. Others have this. For America it is one word – Freedom. For France it is Liberty, Equality, Fraternity. It is not obvious what Nigeria’s is but we can begin with the inscription on our coat of arms – Unity and Faith, Peace and Progress.

These words should shape our national life and one way this can be achieved is

by deliberately embedding them in our education.

The case for strengthening our formal education system has been made over and over. Today, I wish to emphasize on the importance of informal and non-formal education to Nigeria’s development.

Alongside what we are taught within the four walls of a classroom, learning takes place daily – in our homes, on the play grounds, in the market place, in our places of worship, in our social gatherings and through media. We (parents, teachers, the corporate world, religious organisations, other influencers, and of course government) all have a part to play in the effort to turn things around through these streams of education.

Today, the heroes of popular culture wield tremendous influence that translates into movements, culture and even civilisation. It would be great if they use this power to direct their followership for our collective good. This is where the Davidos, the Genevieve Nnajis, the JayJay Okochas and the Linda Ikejis come in. Our musicians should write more songs that inform and educate like Fela and Bob Marley did.

That way, while we listen and dance, we also learn. Nollywood should produce more educative movies like ‘93 Days’, (on Nigeria’s Ebola crises) and ‘Oloibiri’ (a story of oil exploration in Nigeria) so that while we are at the cinema, we are also learning.

Businesses should use their Corporate Social Responsibility portfolios to do genuine good and not just as a PR stunt.

How about funding more educational programmes. There are many young people with brilliant ideas who need financial assistance to extend a lifeline to their dreams.

People need to be encouraged to churn out

educational games as Nimi Akinkugbe is doing through Bestman Games.

Writers need to come up with interesting, attractive and well written books to back this agenda. Well done to companies like Nigeria Liquified Natural Gas and Etisalat for encouraging writers. More corporates need to follow suit.

We cannot advance an education agenda without paying attention to the written word. We need to keep encouraging reading.

We do not get people to read by touring Nigeria and giving speeches about reading to audiences comprising token young people who are visibly bored out of their minds.

No! It is achieved by offering innovative and interesting programmes and creating appealing spaces for reading. We can begin with making our existing public libraries functional.

I think we can push the literary arts even further by collaborating with other forms of arts. So, for instance, we could look to transforming our libraries into creative hubs where people meet for a cultural immersion that could include dance, drama, film, photography, culinary and fashion.

Pricewaterhouse Coopers’ 2016-2020 entertainment and media outlook, estimates that by 2020 income from the Nigerian music industry would reach $86 (N27bn).

Meanwhile Nollywood is said to be worth over $800 Million.

Our creative industry should double as a tool for social change. We can marry education and entertainment to move Nigeria forward. Formal, non-formal and informal education can work together to encourage love and unity, peace and progress.

Kalango, MON, is the Founder, Rainbow Book Club & Project Director, Port Harcourt World Book Capital 2014

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T H I S D AY TUESDAY, APRIL 23, 2019

EDITORIAL Northern Governors And The Dangote Challenge Northern governors may do well to heed the wake-up call

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frica’s richest man and President of the Dangote Group, Aliko Dangote was right on cue with his recent warning to the northern governors on the frightening scope of poverty in the region. The challenge, issued at the 4th edition of the Kaduna Economic and Investment summit, is indeed a wake-up call on the dangers which the economic woes of the region pose to its future and the nation. Dangote’s observation that 60 per cent of people in the region live in extreme poverty despite its vast arable land for agriculture should compel action from the northern governors.

In an uncharacteristic intervention which speaks to the urgency of the moment, Dangote had said: “It is instructive to know that the 19 northern states, which account for over 54 per cent of the country’s population and 70 per cent of its landmass, collectively generated only 21 per cent of the total sub-national internally generated revenue THE ECONOMIC WOES in 2017. Northern INFLICTED ON THE Nigeria will conNORTH ARE LARGELY tinue to fall behind A CONSEQUENCE if the respective state governments do not OF FAILURE TO move to close this SUBSTANTIALLY development gap”.

DEVELOP ITS HUMAN Although there has CAPACITY TO COPE been a subtle attempt WITH CONTEMPORARY by some of the CHALLENGES northern governors to hit back, it is instructive that the Prof. Ango Abdullahiled Northern Elders Forum (NEF) has commended Dangote for raising the alarm over the unacceptable rising poverty rate in the region. “We fully endorse Dangote’s observations. Of course, you don’t need to go anywhere to search for the existence of abject poverty in this country. My take is that leadership has failed at governance level, particularly at the state and local government levels,” said Abdullahi All critical stakeholders must take the intervention of

Letters to the Editor

Dangote who hardly dabbles into political matters with seriousness. The north requires multi-level backing from the private sector to fund the requisite investments to create jobs and eradicate poverty. But it is also true that the economic woes inflicted on the north are largely a consequence of failure to substantially develop its human capacity to cope with contemporary challenges. It is alarming, for instance, that the north is lagging behind in the area of literacy as the region accounts for the country’s largest number of outof-school children. In October last year, the United Nations Children Education Fund (UNICEF), said 69 per cent of Nigeria’s out-of-school children, estimated at 10. 5 million are located in the northern part of the country. Also more than half of primary school aged girls in the north-west and the north-east are not in school.

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

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

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

NIGERIA AND POLICE BRUTALITY

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he Nigeria Police originated from the colonial initiative in 1861 following the annexation of Lagos. This institution was fundamentally established by the British colonialists to utterly combat and repress all attempted resistance from Lagos communities against the colonial administrators. Subsequently, the expansion of the colonialists’ majestic armpit to other geographical territories later known as the Northern and Southern protectorates led to the formation of constabularies in those local communities. The police played pivotal roles in subverting people’s resistance against colonial policy. The Egba crisis 1918, the 1927 Warri riot and the 1929 Aba women’s riot among other protests staged against the colonial exploitative and tyrannical policy met abrupt subjugation from the local police.

In 1930, the fragmented policing systems in all the local territories which summed up Nigeria were integrated into national policing system known as the “Nigeria Police Force” administered by an Inspector-General of Police. The reformation was borne out of colonial administrative convenience. Likewise, in a bid to consolidate the police force against anti - colonial movements’ resistance. The Nigerian nationalists’ movements, Nigerian labour force, Nigerian journalists and human rights activists who stood against colonial despotism were subjected to brutality and dehumanization through the instrumentality of policing system. Basically, the Nigeria Police Force is a social - historical fabric of repressive state apparatus introduced during the colonial epoch.

Prior to the advent of colonialism, the policing system in each fragmented geographical territory which eventually constituted Nigerian territory was peculiar and without the application of

ithout education, these children end up constituting a burden to the society as they are easily influenced to unleash religious extremism and crimes on the society. We are already reaping the consequence in the insurgency in the north-east that has crippled social- economic activities in the zone and left it poorer. Thousands of lives have also been lost to the crisis which has resulted in the displacement of many communities and millions of our people, who are now sheltered in Internally Displaced Persons camps that dot many parts of the north.

Beyond the insurgency, the alarming scope of insecurity in the entire northern region will not make room for economic activities to thrive for the good of all people. For years, the sectarian herdsmen-farmers clashes over right to land have impoverished many and led to drastic drop in agricultural outputs. The country is also witnessing a spike in kidnapping in Kaduna, Katsina and Zamfara States in the north-west, coupled with banditry that has also claimed many lives in Zamfara.

Given the foregoing, the concerns raised by Dangote are patriotic and timely. We hope that northern governors will heed his call.

excessive violence. In the Igbo land, the age - grades constituted the institution saddled with the maintenance of law and order in the community. Vocational guilds such as hunters and farmers were primarily responsible for crime controls in the Yoruba Empire.

While the Hausa Emirate centralized political system placed internal security affairs in Dogari’s custody (Police head) who in turn selected able - bodied men as law enforcement agents.

Nevertheless, the police force system introduced by the colonialists would have been a perfect mechanism to maintain social stability in this civilized age if successive Nigerian governments had restructured the institution for societal and human protection. Having attained political liberty, the country retained and incorporated colonial policing system to protect and preserve the interest of ruling elite. The police force served as a tool in the hands of successive Nigerian governments to silence dissenting voices and victimize political opponents.

The Nigeria Police Force has a track record of unleashing mayhem on harmless citizens. The recent indiscriminate and extra - judicial killing, brutalization and extortion of harmless Nigerians by the law enforcement agency are products of long - standing despotic political structure, social inequality and economic exploitation which are prevalent modus operandi in Nigerian system. Police brutality can’t be isolated from Nigerian social - political and economic structure.

The Nigeria police have the effrontery to engage in unprofessional conducts because successive Nigerian political leaders condoned and engaged in criminality. In most cases, the police are employed to execute the deadly tasks.

Binzak Azeez, Faculty of Law, Obafemi Awolowo University, Ile-Ife

MINNA IS NOW R-C-S CERTIFIED

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ould someone be kind enough to tell me how to spend a billion naira so that I find joy of heart and peace of mind? I know I would not have that joy and peace, even if I spent that billion naira, without experiencing a high-cultured event in a theatre amidst people of goodwill where one gets satisfaction from seeing fulfilment in others. In this sense, the Minna Choral Society has definitely ensured that Minna town has an A++ rating on the R-C-S (Refined-Cultured-Sophisticated) scale by its mastery of high arts of drama, oratorio, and choir ensemble. Isn’t this the Minna that has been looked down upon as being absolutely laid-back, where for over forty years now, people still do open defecation in the heart of town with no sanitary enforcement code in place to discourage this? Minna is now like the hog that goes for a dip in the swill with a gold ring in its snout; many professionals will not agree with this hog analogy because your classic hog is one hygiene-conscious animal that does not pooh in sleeping quarters. Basically, the Stephen Harrison-led Minna Choral Society is gentrifying Minna and I hope more people will be curious to see a performance of this group; their latest rendition of John W. Peterson’s Easter cantata was nothing short of masterful; such native talents are what make a town livable and tick, and this should be so for all towns and cities across Nigeria. Another night with the Minna Choral Society for another free performance just after the Handel’s “Messiah” effort was another night to say “shame” to poor economy, vexations of life, paucity of cash to spend, and all adversities that we face each passing day.

Sunday Adole Jonah, Department of Physics, Federal University of Technology, Minna, Niger State

T H I S D AY ˾ TUESDAY APRIL 23, 2019

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POLITICS

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

TRENDING NEWS

Black Day for Head of Nigeria’s Judiciary Alex Enumah writes that the recent conviction of former Chief Justice of Nigeria, Justice Walter Onnoghen by the Code of Conduct Tribunal signals the beginning of a worrisome trend

Onnoghen

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he conviction of former Chief Justice of Nigeria (CJN), Justice Walter Onnoghen on breach of Code of Conduct for Public Officers and his subsequent removal from office of Chief Justice of Nigeria did not come as a surprise.

The Code of Conduct Tribunal (CCT) had in a judgment delivered on April 18, 2019 found Onnoghen guilty of all six count charge bordering on failure and false asset declaration charges. While count one of the charge said the former CJN, did not declare his assets between the period 2005 to 2016, when he was appointed Acting CJN, count 2 – 6 of the charge claimed that Onnoghen did not declare five of his accounts with Standard Chartered Bank in his assets declaration forms of 2014.

The three-man panel of the tribunal headed by Danladi Umar, held that from the testimonies of the prosecution witnesses and the written statement of Onnoghen to investigators of the Code of Conduct Bureau wherein he admitted that he made a mistake of not declaring the five accounts with the Standard Chartered Bank, Onnoghen was guilty as charged.

The CCB had on January 11, 2019 said to be acting on a petition filed by a non-governmental organisation, the Anti-Corruption and Research-Based Data Initiative (ARDI) and coupled with the said statement by the former CJN had hurriedly package a six-count charge of non-asset declaration and dragged Onnoghen before the CCT for trial.

Though he was initially scheduled for arraignment on January 14, 2019, he was however not arraigned until February 15, 2019, in response to a bench warrant issued for his arrest by the CCT boss on February 13, 2019.

However, exactly three months and four days when the trial commenced, the tribunal concluded its findings and arrived at a guilty verdict against Onnoghen. Consequently, he was removed as CJN, barred from holding any political office for the next 10 years and is to forfeit the monies in the five accounts he was accused of not declaring.

“In the present case, hard facts have been adduced by the prosecution to establish that the defendant is in crystal clear of breach of the CCB provisions and the prosecution has therefore discharged the burden placed on it by law.

“Having examined the case of the prosecution against the defendant, this tribunal has come to a conclusion that the defendant falsely declared his assets as is hereby found guilty of contravention of Section 23 of the CCB/CCT Act. “It is hereby ordered that the defendant

Malami be removed as the Chief Justice of Nigeria and as Chairman of the National Judicial Council.

“He is also barred for 10 years from holding public office while the money in the five undeclared bank accounts is hereby seized and forfeited to the Federal Government, having been illegally acquired, since the defendant did not disclose their sources,” Umar said.

The amounts to be forfeited are N26.8m, $137, 700 and 13, 730 Pounds Sterling.

Before the judgment was delivered, the tribunal delivered its ruling on two applications by Onnoghen challenging the jurisdiction of the tribunal to hear the charge, as well as, accusing the Chairman, Danaladi Umar of bias.

However in his ruling, Umar held that the tribunal has jurisdiction to hear the charge, since Onnoghen was arraigned before it as a public officer and not as a judicial officer, adding that the tribunal was not under the obligation of the NJC. Umar went further to overrule himself on its earlier decision on Justice Ngwuta, adding that the tribunal had right to reverse earlier decision made in error. The tribunal had in January 2018 in reverence to the Court of Appeal, held that the tribunal lacked the jurisdiction to try a serving judicial officer and accordingly dismissed and acquitted Ngwuta from the charge against him.

In reversing himself from the earlier decision, Umar held that the constitution cannot be subject to any law or rule of the NJC. Umar also overruled Onnoghen on the claim that the Chairman of the CCT was bound to be biased in the trial owing to the fact that he is being prosecuted by the EFCC on bribery allegations and that the CCT being under the supervision of the presidency was bound to do the biddings of the prosecution. According to Onnoghen there was no way he could be guaranteed fair hearing in a case against the government where the CCB, CCT and Attorney General of the Federation (AGF) are all under the presidency.

It would be recalled that the same week Onnoghen’s trial was to commence, three courts including the industrial court had issued restraining order on the tribunal, but the tribunal held that the orders of the courts were not binding on it since they were all courts of equal jurisdiction.

Since the very hour the judgment was delivered it has sparked and would continue to generate discussion in public space for some time. To some, the verdict of the tribunal was not surprising, going by the way the charge was framed and the entire

Umar proceedings. This group could vow that the judgment was prepared before the trial commenced. They aligned themselves with the position of Okon Efut, SAN, one of the lawyers of the former CJN. Speaking to journalists shortly after the judgment was delivered; Efut said that the conviction, “was out of order, unconstitutional and a breach of fair hearing because before this day, on January 23, the same judgment has been passed.

“Removing the CJN without a fair hearing was premeditated. Judgment has been passed before today. So, today’s judgment was just a formality and we hold a view that the tribunal has not only breached the constitution of Nigeria, it has also breached the fundamental principles of natural justice, equity and fair hearing and good conscience.”

According to the senior lawyer, Onnoghen was convicted on an offense that he was never charged with. “This is an erosion of the fundamental principle of our constitution and until some questions are answered, for instance, why is that a due course of justice was not allowed to flow?

Why was judgment passed on January 23 before today removing the CJN? Why is it that today, even after he has tendered his notice of retirement voluntarily and NJC has taken position, why is it that the tribunal has gone ahead to pass judgment in total disregard of the independence of the NJC and in total disregard to the power of the Senate in this matter,” he queried.

Similarly forming Minister of Aviation, Femi Fani-Kayode reacting to the conviction of Onnoghen for not declaring his in a tweet on Thursday, urged Nigerians to brace up for more surprises. ”The conviction of CJN Onnoghen by the CCT is not surprising. It is part of a wider plan, an unfolding script and a hidden agenda. Nigerians should brace themselves for more. They say a people get the type of government that they deserve. I weep not for Onnoghen, I weep for Nigeria,” he had said.

To the presidency, it was a victory for the anti-corruption war of the President Buhari’s administration. Senior Special Assistant to president Buhari on Media and Publicity, Malam Garba Shehu in his reaction to the conviction insisted that the war against corruption is all encompassing and not designed to persecute anyone for political or other reasons.

Shehu in a statement stressed that the outcome of the trial has sent across the message that the law is no respecter of persons, titles, social or political connections.

“The rule of law will lose its meaning and validity if only the weak, the poor and powerless are punished for their violations

of the law. ”Countries succeed because the rule of law is evenly upheld and enforced. The war against corruption would go nowhere if the high and mighty are spared because of their influence and connections. ”You can’t fight corruption by allowing impunity because the rule of law cannot function where impunity is tolerated”, he said.

Shehu assured that the current administration would extend its dragnet against corruption to hold public officials accountable, be they politicians, judges, civil servants or holding positions of public trust.

To others, however, the verdict has further eroded the independence of the judiciary.

They described it as sad a situation where one arm of government can easily remove from office a serving official of another arm of government. It is their position that the removal of Onnoghen as CJN by the CCT would further put fear in judges who are expected to be fearless and do justice without fear and favour.

Instead of following the law and their conscience, judges it is argued would henceforth be guided by intimidation particularly from the executive arm of government in matters involving the executive.

To remedy the situation and restore confidence in the judiciary, some however, have advocated for immunity for Heads of Courts both at the federal and state level just as that of the president and governors.

Also some have advocated a situation where the CCT is taken away from the influence and manipulation of the presidency and brought under the supervision of the judiciary where its independence can be truly guaranteed.

This same position was earlier canvassed

by Onnoghen’s lead counsel, Chief Adegboyega Awomolo, SAN, days before the CCT gave its verdict sacking Onnoghen as CJN. Awomolo in a statement to journalists on April 1, alleged that the judiciary in Nigeria, as at today, is not only weak but vulnerable and not independent.

According to the senior lawyer, “It was 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.”

He had stressed that a precedent has been set with Onnoghen and warned that, “Nobody knows who is next”. He however called for the amendment of the constitution to place the Code of Conduct Tribunal under the judiciary to give it its much needed independence, impartiality and to avoid interference from outside the court.

T H I S D AY ˾TUESDAY APRIL 23, 2019

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TRENDING NEWS

Walking a Tightrope in Nasarawa Igbawase Ukumba writes that the leadership of the All Progressives Congress in Nasarawa State is treading a precarious course in the choice of principal officers for the state house of assembly

Sule

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look at the power sharing formula among the three senatorial zones of Nasarawa State shows that the incoming governor of the state, Abdullahi Sule, is from the minority Hausa tribe in the northern part of the state, while his deputy, Emmanuel Akaabe, is from one of the majority ethnic groups in the southern part of the state. The outgoing speaker of the assembly, Abdullahi Balarabe, is of Egbura tribe from the western part of the state and is returning to the assembly for a second term.

But the Eggon people, who are believed to be the largest in the state, lost out in the political equation of the next dispensation. However, the Eggons have a ranking member in the state house of assembly, returning back for a third term. He is Muluku Agah representing Nasarawa Eggon East on the platform of the All Progressives Congress (APC).

Though Muluku is from the same northern zone with the governor-elect, however he may be supported if he decides to ask for the position of the speaker to represent the Eggon nation in the, political pundits argued.

Nevertheless, another ranking member of the state assembly from the APC in the western zone that is returning for a second term is Daniel Ogazi, representing Kokona East. He is said to be in the good books of the leadership of the party in the state and is speculated to be warming up for the speakership race because he is from the western part of the state that has neither produced the governor nor the deputy governor in the next administration.

Based on the principle of federal character and geo-political spread of the three key officers; Governor, Deputy Governor and Speaker, political analysts opin that it would be fair for the speakership to remain in the western zone.

For the position of the deputy speaker of the assembly, the outgoing majority

Balarabe leader of the present assembly, Tanko Tunga; representing Awe North, has returned back to the assembly for a third term and is already reported to be warming up to clinch the position.

Tunga is from the southern part of the state where the outgoing governor and senator-elect, Umaru Tanko Al-Makura, hails from.

Another member who is equally returning back to the assembly from the southern zone is Mohammed Alkali of Lafia North state constuency. Alkali is also reported to be thinking of vying for the position of the deputy speaker

The Eggon people, who are believed to be the largest in the state, lost out in the political equation of the next dispensation.

However, the Eggons have a ranking member in the state house of assembly, returning back for a third term. He is Muluku Agah representing Nasarawa Eggon East on the platform of the All Progressives Congress (APC)

to represent the Eggon nation despite coming from Lafia in the southern zone where the outgoing governor comes from.

Political observers were of the opinion that ordinarily, it could have been an easy ride for the incumbent speaker, Balarabe Abdullahi, who is from the western part of the state to return unopposed as speaker of the 6th assembly, but the observers envisaged that the incumbent speaker is battling with divided loyalty and the current leadership of the state may not be comfortable with him returning as the Number Three citizen under the administration of Sule.

The APC had at the onset of the primaries advertised the former commissioner of works, Engr Yahaya Wada, who resigned his appointment as a commissioner and picked the APC Keffi East state constituency ticket and was being prepared to take over from Balarabe as the speakership in the 6th assembly.

But it was gathered from the grapevine that some powerful forces who were determined to frustrate the Wada speakership project fought tooth and nail to ensure that he was defeated in a surprise manner by the candidate of the Social Democratic Party (SDP) during the March 9 governorship and state house of assembly polls.

Consequently, it was gathered that there were also plans by certain forces to put together their resources and influence to make sure that they sponsor a candidate against speaker Balarabe on the day of inauguration of the 6th assembly. It was alleged that the said forces stopped Wada winning his election into the state house of assembly; so that he would not challenge the incumbent speaker.

The forces were reported to be spitting fire that they will work assiduously to stop Balarabe from continuing in the speakership saddle by bringing out the Eggon factor of marginalisation

to knock the incumbent speaker out, even as they claimed that zoning in that case does not matter.

This bloc of opposition against Balarabe are reported to have argued that what matters was that the Eggon people needed to be compensated with the speakership position with either Muluku or Alkali who are in the house, and are ranking members.

Watchers of political events in the state argue that the contest for the two presiding officers was open to all the members, irrespective of their political parties and experience in the Nasarawa State House of Assembly.

According to them,, “The convention is that anybody can be elected speaker or deputy irrespective of whether his party is in the majority or not, and whether he is a ranking member or not.”

They reasoned that in 2015, the outgoing deputy speaker of the assembly and now senator-elect for Nasarawa North, Godiya Akwashiki, was elected deputy speaker as a PDP member in an APC dominated assembly; when his then party, PDP had only four members.

Also, the political watchers argued that it is on record that the incumbent speaker, Balarabe came to the assembly in 2015 as a first timer, yet he was elected speaker of the assembly, therefore maintaining that ranking has never been a factor in the selection of the leadership in the Nasarawa State House of Assembly.

Analysts foresee that though the envisaged contenders may not have the courage to come out openly and declare their interest at the moment, there are on-going strong underground scheme among major stakeholders to uproot the incumbent speaker. His major sin is that he is perceived as one who cannot be trusted. Supporting him, therefore to clinch the post may enthrone an air of uncertainty which the executive arm of government and the leadership of the APC in the state are trying to avoid.

T H I S D AY ˾ Ͱͱ˜ Ͱͮͯͷ

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FEATURES

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

Support for Tech-driven Solutions to Disabilities

With 15 per cent of Nigeria’s population, representing 25 million people who are physicallychallenged, Chiemelie Ezeobi, writes that in providing support for technology-driven solutions for disabilities, the United States Consulate in Lagos recently partnered CampusLabs to host a hackathon at the University of Ibadan

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ecently at the University of Ibadan, 26 participating students representing seven teams pitched their ideas before a jury of leading tech leaders and disability inclusion advocates. The occasion was the 2019 CampusLabs Disability Hackathon. This was following a five-day boot camp facilitated by three Mandela Washington Fellows; CEO, CampusLabs, Emeka Ossai, Busola Majekodunmi and Tobiloba Ajayi.

So from April 13-18, students of the University of Ibadan, Oyo State, gathered for the hackathon that sought to address the challenges and needs of people with disabilities using technology solutions.

The hackathon was supported by a public diplomacy grant from the United States Consulate in Lagos.

Call for Inclusion Speaking last Thursday at the grand finale of the hackaton hosted at the University of Ibadan, U.S. Consulate Public Affairs Officer Russell Brooks lauded the students for working collaboratively to improve accessibility and mobility for people living with disabilities. Brooks, who also served as a member of the jury for the pitch competition, explained that hackatons provide opportunities for solving problems in novel ways.

He said: “The United States government is proud to support initiatives like this which seek to leverage the exponential power of technology to solve problems and promote a culture of social innovation and inclusion.”

While stressing that about 15 per cent of Nigeria’s population representing 25 million people have disability, he called for concerted efforts to promote inclusion and reduce the obstacles they face.

“Inclusion is a good indicator of how much we value and respect human life.

We must become more actively involved in creating a more inclusive environment for all,” he added.

United States Consulate Public Affairs Officer Russell Brooks (right); Deputy Vice-Chancellor for Research, Innovation & Strategic Partnerships at the University of Ibadan, Professor Olanike Adeyemo (left); with Team Afia ––winners of the U.S. Consulate supported 2019 CampusLabs Disability Hackathon Pitch Competition held in Ibadan last Thursday.

Photo Credit: U.S. Consulate General Lagos

Commitment The Vice-Chancellor of the University of Ibadan, Professor Idowu Olayinka, who attended the event alongside principal officers of the institution, expressed his commitment to supporting students working hard to promote inclusion of people living with disabilities.

Pitches All seven teams in the pitch competition came up with varying technological solutions after meeting with families and people living with disabilities to gain a better understanding of the challenges they face.

Winner Team Afia won the competition with their pitch for an app that will ease access of people living with disabilities to connect with providers of basic social services. They were rewarded with a cash prize of N500, 000 for their impressive performance.

At the hackathon in Ibadan

CampusLabs CampusLabs works across Nigerian universities to raise a community of budding social entrepreneurs capable of implementing high-impact projects that benefit their local communities.

According to the group, they want to create a bigger economy by creating spaces for entrepreneurial minds on campus to launch innovative ideas and

also learn from each other. Campus Labs also makes it easy for organisations to recruit outstanding human capital on campus by creating talent pipelines for Human Resources teams to source from.

On their website, they lamented there is a dearth of student entrepreneurs because Nigerian universities lack the enabling ambience for students to build,

breed and sustain enterprises, start-ups and successfully implement laudable impact projects within the campuses.

Thus, they stressed that Campus Labs, they bridge a critical gap by creating an environment activated with team formation mechanisms, collaboration for resources mobilisation and inter-campus networking channels.

They further stated that since students work best motivating and pushing through setbacks in ideation process, together, so, their innovation lab is a fundamental radical shift towards a partnership enabled environment for students to co-build ideas and acquire fourth industrial revolution skill sets that will remodel Africa’s economy.

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FEATURES

Redefining Comfort the Virgin Atlantic Way Virgin Atlantic, one of the world’s famous airline brand is attempting to redefine the quality of in-flight experience to new levels, writes Hamid Ayodeji

F

or many chief executives and businessmen and women, there are many different aspects that make first class flights special. For many of airlines, the first class experience starts on the ground before you even get to the airport! Because airlines are facing more international competition for top-paying customers, there are questions about which are the “best” first class airlines. Truth is there’s no objective answer that will please all travellers.

Be that as it may, flying first class is the ultimate indulgence when it comes to air travel. Just stepping on a plane and taking a peek through the curtains at those elite seats is an experience in both envy and admiration.

But there is also something fun and exciting about fawning over first class. After all, it's pretty impressive the way airlines design that exclusive section, trying to one-up each other in customer satisfaction and luxury. This has continued to drive creativity and innovation in the industry.

In a bid to retain its status as a leading player in the industry, Virgin Atlantic recently unveiled its long-awaited Airbus A350-1000 aircraft, which includes an entirely new Upper Class cabin, featuring a brand new suite and social space. The unveiling, which was done at the Virgin Atlantic Base in Landon was witnessed by top executives of corporations around the world, its partners, journalists from across the globe and stakeholders. On sale this month, the airline’s first A350, named Red Velvet, will take to the skies from late summer 2019. As the first airline to introduce an on-board bar, Virgin Atlantic has taken its customer proposition to the next level, as customers can now enjoy a social space known as The Loft. As the largest social space in the airline’s fleet, it’s designed for customers to gather, chat, enjoy a drink or dine with friends.

The Loft extends the airline’s world renowned Clubhouse experience to the skies, offering a wide range of cocktails, and the option for customers to dine together and enjoy Mile High afternoon tea by Eric Lanlard and a selection of delicious new dishes by Donal Skehan. As well as enjoying luxe comfort and high end finishes, customers can settle in with Bluetooth headphones and connect to the 32” screen – catch a show, or watch the live tailcam.

The Loft is not the only innovation to the Upper Class cabin, as customers can also experience an entirely new suite, which has been designed in collaboration with a number of Virgin Atlantic’s most frequent flyers. A cursory view of the aircraft showed that every seat now faces towards the window and offers deployable privacy screens. Laid out in a 1-2-1 configuration, every suite has a 44” pitch, with a fully flat bed length of up to 82” and all suites will transition seamlessly from an upright seat, straight to a bed.

Also, it boasts Virgin Atlantic’s largest ever in-flight entertainment screen, at 18.5”and features intuitive new system, controllable by customers’ own personal device and in line with the rest of its fleet, every customer will still have direct aisle access.

True Revolution Speaking at the occasion, Executive Vice President Customer, at Virgin Atlantic, Mark Anderson, said: “The introduction of our A350 represents a true evolution of our customer experience. We believe flying should be exciting, whether it’s your first or 100th flight with us and that’s why we’ve elevated our offering to provide our customers with something totally unique. The A350 forms a significant part of our fleet transformation strategy and by 2022, we’ll have our youngest, cleanest, greenest fleet in the sky as the aircraft transforms our customer experience, reduces our environmental impact and improves our route economics.”

The first A350, he added, will take to the skies in August, as it flies from London Heathrow to New York JFK, followed by other services to JFK later in the year.

He disclosed that Virgin Atlantic has ordered a total of 12 Airbus A350-1000, with them all scheduled to join the fleet by 2021 in an order worth an estimated $4.4 billion (list price.)

He added, “the aircraft, powered by Rolls-

Upper Class Loft

Premium Close Royce Trent XWB engines, continues Virgin Atlantic’s investment in a more sustainable fleet. The aircraft is designed to be 30 per cent more fuel and carbon efficient than the aircraft it replaces and is expected to reduce the airline’s noise footprint at its airports by more than half. The A350 will also be the first aircraft in Virgin Atlantic’s fleet to feature its new Flying Icons, which are set to replace the airline’s famous Flying Ladies. The high flyers are a diverse range of men and women representing modern Britain, rolled out on the four A350-1000 aircraft this year, followed by a further eight by 2021.

“Customers travelling in Virgin Atlantic’s award winning Premium cabin and its much loved Economy cabin will also be able to enjoy the increased levels of luxury and comfort the A350 has to offer; both have the largest entertainment screens ever offered; 13.3” in Premium and 11.6” in Economy. Premium customers will also enjoy a generous 7” recline, increased space for storage, a four way adjustable headrest and a luxurious leather seat customers know and love.”

Economy seats, he added, have been upgraded to new luxurious fabrics offering adjustable headrests.

“Economy Light and Classic will offer a 31” seat pitch whilst Economy Delight offers 34”. The entire aircraft will also have access to high speed wifi as well as the unique and

personalised service of Virgin Atlantic’s world famous Cabin Crew, “he stated.

“We know the journey is as important as the destination. That’s why we made sure our new aircraft is super comfortable as well as super stylish. Every cabin has been designed with you in mind. From bespoke fabrics to extra storage, high speed WiFi, to the latest entertainment system, there’s so much to fall in love with,” he stated.

History of Service Virgin Atlantic was founded by entrepreneur Sir Richard Branson 34 years ago with innovation and customer service at its core. Today Virgin Atlantic carries 5.4 million customers annually, and was recently voted Britain’s only Global Five Star Airline by APEX two years running in the Official Airline Ratings. Headquartered in London, Virgin Atlantic employs over 10,000 people worldwide and operates a fleet of 46 aircraft serving 26 destinations across four continents.

Alongside joint venture partner Delta Air Lines they operate a leading transatlantic network offering up to 38 flights per day between the UK and US with onward connections to over 200 US and international cities. In 2019, Virgin Atlantic will take delivery of their first Airbus A350-1000 aircraft - helping to transform the fleet into one of the quietest and most fuel

efficient in the sky. Virgin Atlantic recently achieved the highest sustainability ranking of any airline globally with an A- Leadership rating in the 2018 Carbon Disclosure Project performance assessment.

On May 15, 2018 Air France-KLM, Delta Air Lines and Virgin Atlantic Limited signed definitive agreements to combine the existing trans-Atlantic joint ventures. This transaction is in the process of regulatory clearance. Upon completion the airlines’ expanded joint venture will become the preferred choice for customers travelling across the Atlantic offering the most comprehensive route network, convenient flight schedules, competitive fares and reciprocal frequent flyer benefits, including the ability to earn and redeem miles across all carriers.

Customers will also benefit from the co-location of facilities at key hub airports to improve connectivity and access to each carrier’s airport lounges for premium passengers.

In February 2019, Virgin Atlantic acquired Flybe and Stobart, as part of a consortium with Stobart Group and Cyrus Capital Partners. Flybe is Europe’s largest regional airline, flying 8.5 million passengers each year to 170 destinations, connecting customers around the UK regions to Virgin Atlantic hubs in Manchester and London Heathrow and beyond. Stobart Air is a profitable franchise operation based in Dublin and includes an aircraft leasing business (“Propius”).

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T H I S D AY ˾ TUESDAY APRIL 23, 2019

T H I S D AY ˾ Ͱͱ˜ Ͱͮͯͷ

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T H I S D AY ˾ TUESDAY APRIL 23, 2019

A

WEEKLY PULL-OUT

23.04.2019

THE SAUDI EXECUTION, AND ITS LESSONS FOR NIGERIA

Execution Sword

2/DASHBOARD

23.04.2019

Termination of Surety’s Obligation in Relation to Bail Bonds PAGE 4

Lawyer threatens to Sue JAMB over Unjust Treatment of his Client, during 2019 Exams PAGE 5

Former ICCBA President, Khan to Speak at 2019 African Bar Association Annual Conference PAGE 5

QUOTABLES ‘Procedure is a major principle, in the administration of justice. It is the means through which, substantive law itself, is applied. But, in the case of Nigeria, procedure seems to be holding down substantive justice in a lot of cases, which is why, over the years, the courts have concentrated so much on reforms of procedure.’

– Professor Mamman Tahir, SAN, former Director General, Nigerian Law School, Vice Chancellor, Baze University, Abuja ‘Whoever the next CJN is, my hope is that, such person.....changes the approach of the Supreme Court, from being the court that, just more or less, prides itself constantly, only consistent in being inconsistent, not moving the needle of the law. In other words, helping to build society, helping to shape commerce, in line with the age we live.’

– Dr Konyin Ajayi, SAN

Lawyers Without Borders, Condemns Execution of Nigerian Woman in Saudi Arabia PAGE 6

‘A Lawyer must be Diligent, Humble and Innovative’ 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

/3

Atiku: The Politics of Citizenship

I

Shugaba remember as a teenager in 1980, how intrigued I was about the case of Alhaji Abdurrahman Shugaba Darman v Minister of Internal Affairs 1981 2 NCLR 459. The Applicant, Alhaji Shugaba, was a founding member of the Great Nigeria People’s Party (GNPP), one of the opposition parties to the then ruling party, National Party of Nigeria (NPN). Shugaba was a popular and charismatic Politician, who was elected to the Bornu State House of Assembly. On January 24, 1980, he was deported by the Respondents, who claimed that he was, in fact, a citizen of Chad!

The Nigerian government went to the extent of producing a Chadian woman, who claimed that she was Shugaba’s biological mother, and wanted her son back. Naturally, Shugaba claimed that his mother was there in Maiduguri, and he didn’t know the Chadian. To cut a long story short, the matter went to court, and the government lost the case all the way to the Supreme Court, which gave a unanimous decision in favour of Shugaba. The Maiduguri High Court, even awarded him N350,000 in damages, which was a lot of money in those days.

Creation of Citizenship Crisis The creation of identity or citizenship crisis, for political gain/to vanquish or disgrace political opponents, is not a new phenomenon, nor is it exclusive to Nigeria. So, the new allegation that H.E. Atiku Abubakar, the PDP Presidential Candidate in the 2019 election, is not a Nigerian, is not unusual. All you need to do is google, “Is Obasanjo....”, and “an igbo man”, comes up. Likewise, the strange allegation that President Muhammadu Buhari, is one ‘Jibrin from Sudan’, went viral last year. Even the former President of the USA, Barrack Obama, was not spared. He was accused of not being an American citizen, that he was not born in the US or that his father was not a US citizen at the time of his birth, and that being born in the US, is a requirement for being elected as American President (Article 2 Section 1 Clause 5 United States Constitution).

President Obama was born on August 4, 1961, in Honolulu, Hawaii, USA, to a Caucasian American mother, and an African father. The fact that, President

President Muhammadu Buhari

Obama’s father was Kenyan, is irrelevant, because the 14th Amendment Section 1 of the US Constitution, inter alia, makes all persons born in the US and subject to the jurisdiction thereof, US citizens, and of the State which they are resident in.

The meaning of the nomenclature, ‘natural born citizen’, referred to in Article 2 Section 1 Clause 5 of the US Constitution, which is not mentioned in Section 25 of the 1999 Constitution of the Federal Republic of Nigeria (as amended)(the Constitution), was settled in the US Supreme Court case of United States v Wong Kim Ark 169 U.S.649 (1898), where the court held that, the English definition of a ‘natural born citizen’ at the time of independence, still applied:”....and therefore, every child born in England of alien parents, was a natural born subject....”. So, even if Obama’s mother and father were not American citizens, as long as he was born in the USA, he is an American natural born citizen.

born in London, England, does that make me non-Nigerian? As long as either of my parents are Nigerian, I am Nigerian. My father was born in Ibadan, while my mother was born in Lagos. At least, so says Section 25(1) (c) of the Constitution, which qualifies anyone born outside Nigeria, either of whose parents is a citizen of Nigeria, as a Nigerian citizen. This means that, even if, Atiku Abubakar was born in Cameroon, so long as his father or mother was a Nigerian citizen, he is also a Nigerian.

Does the fact that, Jada became part of Nigeria in 1961, not count? Or did Section 7(2) of the 1963 Republican Constitution of Nigeria, not confer on Atiku Abubakar, and his parents, Nigerian citizenship by birth on October 1, 1960 (assuming that he couldn’t even trace his ancestry to Wurno, Sokoto State and Dutse, Jigawa State), seeing as Jada was part of British Cameroons, a British Empire controlled area?

Election as Nigerian President The qualifications for election as President in Nigeria, are set out in Section 131 of the Constitution, and specifically for the purpose of this discourse, Section 131, which provides that, “A person shall be qualified for election to the office of President if – (a) he is a citizen of Nigeria by birth; Section 25 of the Constitution defines a (Nigerian) citizen by birth, to include “every person born in Nigeria before the date of independence, either of whose parents or any of whose grandparents belongs or belonged to a community indigenous to Nigeria.....”.

The proviso here is that, one of the parents or grandparents, must have been born in Nigeria.

The fact that H.E. Atiku Abubakar was born in Jada, former Northern Cameroon (British Cameroons), now Adamawa State, is not in dispute. The claim of the ‘APC Birthers’ (a Birther being “a person who subscribes to or promotes the incorrect belief that former US President Barrack Obama was born outside the United States and was therefore, ineligible to be President under the provisions of the US Constitution”), who say Atiku Abubakar is not a Nigerian, is that, as of the time of his birth, Jada formed part of Northern Cameroon. So? I was

H.E. Atiku Abubakar’s Ancestry This case, however, is elementary. Is it not trite trite that, he who alleges, must prove? Firstly, the fact that Atiku Abubakar is from a tribe indigenous to Nigeria (and other African countries), the Fulani tribe, is not in dispute. Secondly, he traces his paternal ancestry to Wurno, Sokoto State, from where his paternal grandfather migrated to Kojoli, Jada Local Government Council, now in Adamawa State. Wurno, has always formed a part of the Sokoto Caliphate.

The fact that Atiku Abubakar’s paternal grandfather is a Fulani, who hailed from Wurno, is not in dispute, to the best of my knowledge. I am not aware of any evidence, led to show that Atiku Abubakar's grandfather was not born in Wurno. Automatically, H.E. Atiku Abubakar’s father, is also from Wurno.

Is this not enough to establish Atiku Abubakar’s Nigerian citizenship? The fact that his grandfather chose to settle in Jada, can never change the fact that he’s from Wurno. Whatever the case, personally (without his ancestry), the 1963 Constitution, again made Atiku Abubakar, a Nigerian on October 1st, 1960 - should we then call him "Nigerian Double Citizen Atiku", instead?

Atiku Abubakar traces his maternal ancestry from Dutse, now in Jigawa

Atiku Abubakar

ONIKEPO BRAITHWAITE

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

‘DOES THE FACT THAT, JADA BECAME PART OF NIGERIA IN 1961, NOT COUNT? OR DID SECTION 7(2) OF THE 1963 REPUBLICAN CONSTITUTION OF NIGERIA, NOT CONFER ON ATIKU ABUBAKAR, NIGERIAN CITIZENSHIP

BY BIRTH ON OCTOBER 1, 1960 (ASSUMING THAT HE COULDN’T EVEN TRACE HIS ANCESTRY TO WURNO, SOKOTO STATE AND DUTSE, JIGAWA STATE), SEEING AS JADA WAS PART OF BRITISH CAMEROONS, A BRITISH EMPIRE CONTROLLED AREA?”

State, again, to Jada, where his mother, Aisha Kande was born. Since the claims of the APC Birthers, do not assert Mrs Atiku Senior did not originate from Dutse, or that Wurno and Dutse were not part of Nigeria when they were born, or that Atiku Abubakar’s ancestry is not his, or that his ancestors are not from where they were from, or his Fulani tribe is not a community indigenous to Nigeria, again, I think we can safely shoot down the allegation that he is not a Nigerian, as nonsense.

Tragicomedy It is rather tragicomic that, many of our colleagues who are given these high profile political cases, are so given, because those who employ their services, may sometimes erroneously believe that, they are so well versed in the law, maybe because they may be Senior Advocates of Nigeria. As a Lawyer, when one prepares a case for argument in court, you do not only consider your side of the argument, you must look at it from the other side, and also second-guess your opponent, not just to see what arguments he may evince to diminish yours, but what other lines of argument he/she can raise from the facts of the case.

The allegation that Atiku Abubakar is not a Nigerian citizen, is at best mischievous, malicious and vexatious, and one wonders why anyone would bother to use it as part of the basis for any case, when it could be so easily disproved.

4/LAW REPORT

23.04.2019

Termination of Surety’s Obligation in Relation to Bail Bonds

T Facts

he 3rd Respondent was arraigned before the Federal High Court for the offence of money laundering, punishable under Section 7(2) (b) of the Advanced Fee Fraud and other Related Offences Act, 2006. He pleaded not guilty, and was granted bail in the sum of N5,000,000.00 (Five Million Naira). The 1st and 2nd Respondents stood as sureties for the 3rd Respondent, and each entered into a bail bond in the stated sum. Upon the execution of bail recognisance by the sureties, the 3rd Respondent was released from custody.

On one of the dates the matter was scheduled to come up for continuation of trial, the 3rd Respondent failed to appear in court, and his sureties were also not in court to explain his absence. Consequently, the court issued a warrant for the arrest of the 3rd Respondent. He was arrested, his bail was revoked, and he was remanded until judgement was delivered in the matter. By the judgement of court, the 3rd Respondent was discharged and acquitted.

Upon the delivery of judgement, the Prosecution made an oral application for forfeiture of the bail bond. The court directed that, the Prosecution file a formal application; thus, a motion on notice for forfeiture of the bail bond, was filed against the Respondents. The 3rd Respondent filed a counter-affidavit to the application, and the Appellant sought an order of court compelling the 3rd Respondent, who was the deponent to the said counter-affidavit, to appear for crossexamination. The court refused the Appellant’s application for the 3rd Respondent to appear for cross-examination, and also dismissed the application for forfeiture of the bail bond. Dissatisfied with the decision of the trial court, the Appellant unsuccessfully appealed to the Court of Appeal; hence, the further appeal to the Supreme Court.

Issues for Determination In resolving the appeal, the Supreme Court considered the following issues: 1. Whether the judgement of the Court of Appeal, was supportable by the evidence contained in the printed record before their Lordships.

2. Having regard to the peculiar circumstances of this case, whether the learned Justices of the Court of Appeal were right, to have relied on the Halsbury’s Laws of England (3rd Edition) and judicial authority of A-G Federation v Thadue Teixera De Fritas & Ors (CA/L/193/85), to dismiss the appeal.

3. Whether the Court of Appeal correctly interpreted and rightly applied the provision of Section 107 of the Evidence Act, 2011, in the instant case.

Arguments Arguing the first issue, Counsel for the Appellant stated that the Court of Appeal did not properly and critically appraise the printed record before it; hence, the court found that the Appellant’s application before the trial court did not comply with the necessary requirements such as informing the Respondents exactly of the breach and giving them the opportunity to give evidence and explanation thereon. The Appellant argued further that the Court of Appeal made a case for the Respondents even when they did not complain. In respect of the second issue, the Appellant’s counsel submitted that the Court of Appeal wrongly applied the case of A-G Federation v Thadue Teixers Fraits & 2 Ors. (CA/L/ 193/85) and relied on the Halbury’s Laws of England over and above the provisions of the Criminal Procedure Act. On the third issue, the Appellant argued that it is the intrinsic right of an opposing party in a case to cross-examine a witness who gives evidence in the proceedings. He relied on section 215(1) of the Evidence Act, 2011 and stated further that the right is not restricted only to a situation where the evidence of the witness is oral, it is applicable even where the evidence is contained in a deposition as an affidavit and the refusal of the trial court to grant the Appellant’s application to cross-examine the Appellant as deponent is against the principles of fair hearing.

While the Respondents did not respond to the second and third issues, in responding to

Hon. Ibrahim Tanko Muhammad, JSC

In the Supreme Court of Nigeria Holden at Abuja On Friday, the 25th day of January, 2019 Before Their Lordships Ibrahim Tanko Muhammad Mary Ukaego Peter-Odili Kudirat Motonmori Olatokunbo Kekere-Ekun Amiru Sanusi Ejembi Eko Justices, Supreme Court SC51/2015 Between Federal Republic of Nigeria Appellant And Alhaji Abubakar Maishanu & 2 Ors......Respondents (Lead Judgement delivered by Hon. Ibrahim Tanko Muhammad, JSC)

the Appellant’s first issue, the Respondents argued that the application for the forfeiture of the bail bonds which was brought after the 3rd Respondent’s arrest, bail revocation and remand in custody until final judgment (by which he was discharged and acquitted), was belated.

The Counsel for the Respondents stated that the lower courts have made concurrent findings and the Supreme Court will not readily interfere with same.

Court’s Judgement and Rationale

“..... FORFEITURE OF BAIL BOND, IS CONTEMPLATED DURING CRIMINAL TRIAL, AND NOT AFTER THE DISCHARGE AND ACQUITTAL OF THE ACCUSED PERSON, AS IN THIS CASE. UPON DELIVERY OF JUDGEMENT, RESULTING IN CONVICTION, OR DISCHARGE AND ACQUITTAL OF THE ACCUSED PERSON, THE OBLIGATION OF THE SURETIES TERMINATES”

Deciding the first issue, the Apex Court opined that, by a community reading of Sections 137, 141 and 143 of the Criminal Procedure Act, when an accused person breaches the terms of the bail condition granted him, the trial court may, upon noticing such a breach by the accused person, (i) revoke the bail; (ii) issue a bench warrant for his arrest; (iii) order a forfeiture of the bail bond; and (iv) upon forfeiture of the bail bond, order the surety (or sureties) to pay the sum stated in the bond into the court’s registry. An applicant for the forfeiture of bail bond must apply timeously, and should commence the procedure, the moment the accused fails to appear in court to attend to his trial. Further, where a recognisance entered into by a person is liable to be forfeited, he must be informed exactly of the breach complained of, and given an opportunity to give evidence, call witnesses or give explanation from the dock, and the recognisance to be forfeited, must be produced before the court.

In the instant case, when the Appellant applied that the 3rd Respondent’s bail be revoked and a bench warrant for his arrest be issued, he did not apply that summons be issued to the 1st and 2nd Respondents who stood as sureties for the 3rd Respondent, to come and show cause why they should not forfeit the bail bonds for failure to produce the 3rd Respondent. Further, the motion on notice for forfeiture of the bail bonds, was filed after judgement had been delivered.

The Court of Appeal was therefore, right in upholding the decision of the trial court, that the Appellant’s application brought after judgement had been delivered and the accused had been discharged and acquitted, when the obligation of the sureties had terminated, is unknown to law. More so, by the provisions of Sections 119, 120, 122, 127, 128, 137, 141 and 143 of the Criminal Procedure Act, forfeiture of bail bond, is contemplated during criminal trial, and not after the discharge and acquittal of the accused person, as in this case.

Upon delivery of judgement, resulting in conviction, or discharge and acquittal of the accused person, the obligation of the sureties terminates.

On the second issue, the Supreme Court held that, there was nothing wrong in the Court of Appeal citing the Halbury’s Laws of England and relying on the case of A-G FEDERATION v HADUE TEIXERA DE FRITAS & ORS. CA/L/193/85, a case decided by the Nigerian Court of Appeal. The Supreme Court relied on the decision in BRAWAL SHIPPING LTD. v F.I. ONWADIKE CO. LTD. (2000) 11 NWLR (Pt. 678) at 406 to hold that, the Court of Appeal is bound by its decision.

On the third issue, their Lordships held that, where proceedings are commenced by a motion, hearing is on the affidavit in support and counter-affidavit. There are exceptional situations where, the motion may be set down and heard with witnesses - AKUNNIA v A-G ANAMBRA STATE & ORS (1977) 5 SC 161. By Section 107 of the Evidence Act, 2011 (as amended), trial by affidavit may be done, with or without the attendance of the deponent for cross-examination. However, if a party desires the attendance of such deponent for cross- examination, the court shall require his attendance for the purpose where this would not result in unjustifiable delay or expense. In this case, the trial court found that, the calling for oral evidence would occasion a delay. Though the trial court did not qualify the delay as either justifiable or unjustifiable delay (as upheld by the Court of Appeal), the fact remains that, a delay, whether justifiable or unjustifiable, is a delay; nonetheless, the two variants may attract different consequences.

The Supreme Court found no cogent reason, to disturb this concurrent finding of the courts below.

Appeal Dismissed.

Representation: M.S. Abubakar (ACLO EFCC) and Musa Isah (SLO- EFCC) for the Appellant.

Adeleke Agbola Esq. and Oluwole Abidakwu Esq. for the Respondents.

Reported by Optimum Publishers Limited (Publishers of the Nigerian Monthly Law Reports (NMLR))

23.04.2019

NEWS/5

Former ICCBA President, Khan to Speak at 2019 African Bar Association Annual Conference

MEETING L-R: Hon. Justice Uzo Ndukwe-Anyanwu, Presiding Justice, Court of Appeal, Ado Ekiti Division, HE Erelu Bisi Fayemi, Wife of Ekiti State Governor, Olawale Fapohunda, Ekiti State Attorney-General, and Itoto Eze-Anaba, Founder, Mirabel Centre, at a High Level Meeting on Finding Practical Solutions to Domestic and Sexual Violence in Ekiti State, held in Ado Ekiti.

A former President of the International Criminal Court Bar Association (ICCBA), Mr Karim Khan, QC, is expected be the keynote speaker for 2019 African Bar Association (AfBA) Annual Conference.

The Conference is scheduled to hold in Cairo, the capital city of Egypt, from September 2 to 5, 2019.

The theme for this year’s Conference, is “Tackling Contemporary Issues facing the African Continent: How Lawyers can drive a Renaissance”.

Other details on

Karim Khan, QC

registration of membership, and for the 2019 Conference can be obtained online at the AfBA website.

Lawyer threatens to Sue JAMB over Unjust Treatment of his Client, during 2019 Exams Stories by Akinwale Akintunde A Lagos based legal practitioner, Mr. Yinka Farounbi, has threatened to sue the Joint Admission and Matriculation Board (JAMB), if the examination body refuses to address the allegation of unjust treatment meted out to Miss Oluwasetomi Adebola Omole, a candidate for the April 11, 2019 examination, at God’s Power International College, Matogun, Ogun State.

In a letter addressed to The Registrar, JAMB, dated April 16, 2019, and titled ‘Appeal for Justice as a Result of Network Failures During the JAMB Examination at God’s Power International College, Oke-Aro, Lagos State’, Farounbi, who is the Principal Counsel at Yinka Oyeniyi Farounbi & Co, urged the body to look into the allegation of network failures experienced

by Miss Omole and other candidates who wrote their

exams at the said Centre on April 11, 2019.

According to the petition, Miss Omole, who is a daughter to a former Chairman of the Nigerian Bar Association (NBA) Ikeja Branch, Mr. Adebamigbe Omole, had complained about psychological trauma as a result of the network failure experienced at the Centre, which may make she and other candidates at the Centre fail their exams, despite adequate preparation.

The letter reads: “We are solicitors to Miss Oluwasetomi Adebola Omole, Joint Admission and Matriculation Board candidate with Registration No. 96392400HD and Examination No. C41401207 at the ongoing Joint Admission and Matriculation Board (“hereinafter referred to as our client”), through her guardian ad litem, Mr. Adebamigbe Omole.

“Our client informed us

that on 11th April, 2019 she got to the examination centre, God’s Power International College, Matogun, Ogun State for the JAMB examinations as early as 6.45am, and by 7.00am the exercise to capture the thumbprints commenced which lasted for over an hour, while the examination started after 8.00am. However, there was a network connection problem at the examination centre, and despite this, the time for the examination was counting down as it was being shown on the computer screen, which necessitated her and other candidates writing the examination, to become agitated, and thereby, complained bitterly, but they were asked to calm down as something was being done to normalise the problem, but before the time could be rectified, so much time has been wasted.

“Our client further informed us that, not too long afterwards, there was network problem again which was the third time and the screen showed “PERMANENT” network connection loss from the server”. By the time there was connection, they were asked to restart, but meanwhile the previous work done were deleted, as a result of which the candidates became tense, but they were also told to calm down and luckily this time, the time started counting afresh.

“However, after restarting there was another network connection loss, which again later changed to “PERMANENT” network connection loss from the server, making it the fourth time. It was solved again after much time had been lost, but this time around, the screen did not ask for a restart. Due to incessant connection problem, many of the candidates

inevitably had to change their computers.

“Our client further informed us that, at about 50 minutes to the end of the examination as shown on the screen, a man came in and told the candidates to speed up because they would be logged out in ten minutes time, while the candidates were still wondering, despite the fact that their computer screen was still indicating that they have about fifty minutes left.

To the consternation of the candidates, not up to two minutes thereafter, the screen suddenly went back to the front page where they were asked to put in their registration numbers.

“Our client informed us that, despite their pleadings to enable them exhaust their time, the response they got was that they should not bother as it was a general problem all over the

centres, and something would be done by the Board.

“We believe the Board would have received a report, relating to the problem encountered at this Centre. Our client informed us that, looking at it as a problem peculiar to the Centre due to inadequate facilities and its remoteness being a rural environment, the owner of the Centre may be reluctant, so as not to be deregistered by the Board. Our client’s investigation through her ad litem, has shown that similar problems were encountered at this Centre during last year JAMB examination.

“Sir, it will interest you to know that, there was a misrepresentation to your Board on the part of the owner of the Centre, God’s Power International College, that the Centre is OkeCONTINUED ON PAGE 6

Alleged $8.4m Oil Theft: DPR Debunks Oil Marketers Claim of Low Quality AGO Supply The Department of Petroleum Resources(DPR), has told a Special Offences Court, sitting in Ikeja, that $8.4million worth of Automotive Gas Oil (AGO) allegedly stolen by Trafigura Beheer BV and six others, sometime in 2008, met set standards of the regulation agency in Nigeria.

This was said by Samuel Shuaibu, a Chief Technical Officer, at DPR, in his evidence-in-chief, while been led by the lead counsel to Economic and Financial Crimes Commission (EFCC), Mr. Rotimi Jacobs, SAN. He said this at the

resumed hearing of alleged three count charge of conspiracy, forgery and stealing of over 6000 metric tonnes of AGO, belonging to Nadabo Energy Limited.

Trafigura PTE Limited, Yusuf Yahaya Kwande, Mettle Energy and Gas, Rendbrandt Limited, Osahon Asemota and Jil Engineering and Oil Service, are standing trial before Justice Mojisola Dada.

According to the prosecution witness, the vessel carrying the AGO - MT Oxy 6 berthed at Ibru jetty

in December 2008, and the product was tested and confirmed to be suitable for the Nigerian market.

He said when the product was tested, it met the primary parameter of DPR. He said the implication of this, was that the AGO was normal and suitable for consumption in the Nigerian market.

"I know the vessel called MT Oxy 6. In December 2008, the vessel berthed at Ibru jetty, and the Captain of the vessel declared quantity on board, based

on documents submitted by him.

"The vessel was engaged

by Jil Engineering Services.

Analysis of the product showed that, it met the primary parameter of specification of normal AGO. AGO that does not meet the primary parameter, will be rejected by the DPR. "The DPR cleared the vessel to Ibafon jetty, because the product had satisfied the primary parameter of the specification. The product was within the specification of DPR, and the quality of

the cargo was declared okay by the regulatory agency.

"We do not participate in the offshore quality analysis, of the product.

As a result of quality analysis conducted by us, the primary parameter was satisfied. Quality Certificate was issued”, the witness said.

The court admitted as exhibits, vital documents that detailed the role of DPR in the transaction.

List of documents admitted by the court include: Bill of Lading, Quality Certificate of

MT. Bonito, haulage documents issued for transshipment from MT. Sikken Province to Oxy 6 and summary of Transfer Certificate Oxy 6 from MT. Efeomo.

The Defendants allegedly committed the offence, from October 22, 2008 to December 15, 2008. The offence is contrary to Sections 383(1), 427 and 516 of the Criminal Law of Lagos State Cap. 17 of 2003.

Justice Dada adjourned the matter to May 2, 2019, for the cross-examination of the witness.

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Lawyers Without Borders, Condemns Execution of Nigerian Woman in Saudi Arabia Akinwale Akintunde Avocats Sans Frontières France (ASF France), also known as Lawyers Without Borders France, has condemned the execution of a Nigerian woman by the Saudi Government for drug related offences.

A statement by the human rights group, signed by its Head of Office in Nigeria, Angela Uwandu, stated that, the Nigerian woman was reportedly earlier this month executed, alongside two Pakistani and a Yemeni.

ASF urged the Kingdom of Saudi Arabia, to refrain from further executions of foreign nationals.

The group also recalled that, drug related offences do not fall within the ambits of the ‘most serious offences’ under international law, and urges the Saudi Government to repeal the death penalty from its statute books, especially for drug related offences.

It also called on the Nigerian Government, to review its own laws prescribing the death penalty, if other countries like Saudi Arabia are to take

seriously the call of the Nigerian Government to refrain from executing its nationals.

“It also urges the Nigerian government and mission in Saudi Arabia, to ensure full adherence and respect of the provisions of the Vienna Convention on Consular Relations, for the about 20 Nigerians facing the death penalty in Saudi Arabia. This is to ensure that, these Nigerians receive effective legal representation, and fair trials, are accorded them.

“ASF France also uses this op-

LAWYER THREATENS TO SUE JAMB OVER UNJUST TREATMENT OF HIS CLIENT CONTINUED FROM PAGE 5 Aro. Rather, it is in a remote village in Matogun area, Ogun State. Further to this, both Oke-Aro and Matogun are in Ogun State, not Lagos State. Thus, it was a fraudulent misrepresentation to the Board, to have said “God’s Power International College, Oke-Aro, No. 10, Ajayi Crescent by Ajayi Bus-Stop, Oke-Aro, Lagos State”, as the school is situate in a remote village known as Matogun, Ogun State – lacking in internet facilities for the conduct of an examination of this nature.

“No doubt the candidates who wrote their examination on 11th of April, 2019 slated for 7.00am – 9.00am,

being the 1st batch at the Centre, were psychologically traumatised as a result of their sad experience, leaving lasting negative, if not permanent, impression on their minds about the system and nation.

“We humbly appeal on behalf of our client and other candidates, that justice must be done in the circumstances, by rescheduling the examination for these candidates, as whatever happened during the examination, was through no fault of theirs, and it would amount to great injustice not to right the wrong, done to these little ones by your Board.

“We believe that, you will use your good offices to ensure that justice is done. We also appeal that, your Board reconsider the examination processes, as well as the examination centres, as some of them do not meet up with the standard that will facilitate and guarantee a smooth conduct of the examination by the Board.

“Take not that, if the Board fails, refuses and or neglects to ensure that justice is done in this matter, we may be compelled to take our client’s further instruction, to set the law in motion and seek the appropriate remedy at the appropriate quarters.”

portunity, to call on the Nigerian Government to review its own laws prescribing the death penalty, if other countries like Saudi Arabia are to take seriously the call of the Nigerian Government to refrain from executing its nationals”, it stated.

Legal Personality of the Week Akinkunmi Akinwunmi

‘A Lawyer must be Diligent, Humble and Innovative’ Please, give a brief introduction of yourself My name is Akinkunmi Akinwunmi.

I am the Managing Partner of Paragon Advisors, a commercial law firm which has its practice areas in Aviation, Dispute Resolution, Energy, Entertainment, Real Estate, Sports, Technology, and Telecommunications Law. I obtained my Bachelor of Laws degree (LLB) from Olabisi Onabanjo University, Ogun State, Master of Laws degree (LLM) with Specialisation in Business and Technology Law, from the University of California, Berkeley, USA. I am a member of the International Bar Association, and Berkeley Law Society.

I am the Assistant General Secretary of the Nigerian Bar Association – Section on Business Law, ICT Committee.

I have advised numerous clients on Technology, Real Estate and doing business in Nigeria. I have facilitated events for startups called, “Legal 101 for Startups”, where I advice founders on the various aspects of law to scale their Startups. I also provide free legal advice to indigent people in my community, periodically.

I have authored numerous articles on Technology law including; ‘Contracting with Electronic Agents under Nigerian Law’, ‘GDPR: What Nigerian Companies Need to Know’, ‘E-Commerce and Cybersecurity Regulation in Africa’, ‘The Coming of Age of the FinTech Sector in Nigeria’, ‘Developing a Cryptocurrency Policy et al’. Some of my articles have been published in the International Bar Association and Law Digest Journals, as well as www.paragonadvisors.com.ng.

Have you had any challenges in your career as a Lawyer, and if so, what were the main challenges?

Yes I have. One of the challenges I had, was at the early stage of my law career. As a young Lawyer, it is almost impossible to pick your clients. This is because of the “cab-rank rule”. You

your life?

Late Mr. Obi Okwusogu, SAN. He was my mentor, before his demise. I interned at his law firm during my LLB programme (particularly during the ASUU strike), and also worked with him for a year before my admission to the Nigerian Law School. He exposed me to the practice of law, taught me about the ethics of the legal profession, and how to live a life of contentment. I also learnt from him, how to have a work life balance. He was like a father to me, cared so much about his employees, valued people and humble. I think about him often, I wish he were alive. He will always have a place, in my heart.

Why did you become a Lawyer?

I discovered that I could use law as a tool, to add value to my society.

Accordingly, I became a Lawyer, so I could proffer apt legal solutions to issues and help people.

Akinkunmi Akinwunmi

are required to represent every client diligently, and so, it posed a challenge, irrespective of your perception of the client. Another challenge, is the justice system. It is common knowledge that, the wheels of justice turn slowly. This situation, often frustrates the expectations of Lawyers and Clients.

What was your most memorable experience as a Lawyer?

My most memorable experience as a Lawyer, was when I had the opportunity to proffer creative solutions to various challenges confronting our tech ecosystem, at a closed door discussion with the Honourable Minister for Communications, founders in the Nigerian Tech space, and other stakeholders.

Who has been most influential in

What would be your advice to anyone wanting a career in law?

First, your decision to be a Lawyer, should be based on your purpose for life, and not to please your parents or siblings. This will ensure that, you do not expend your time outside of your purpose.

Secondly, law is challenging, and you need to be diligent to succeed at the LLB and Law School programmes. I will advice prospective Lawyers, to consider interning with law firms during the LLB. This would help you understand what Lawyers do, how they apply law to real life situations, and how a law firm is managed.

Thirdly, have a mental picture of the kind of Lawyer you want to be, because as humans, we often attract our dominant thoughts. In order to avoid lurching, you need to have your law career goals documented, prior to being licensed to practice. This will enable you to decide on the law firm to work with,

remain focused and to measure your progress. You need to have a positive mental attitude, motivate and encourage yourself to achieve your goals.

In addition, law is a business, and should be treated as such. Consequently, you need to know about business development, how to network, attract new clients and retain the existing ones, manage your cash flow, make your employees happy et al. I was able to learn these from my experience of working with a tier 1 law firm, and other reputable law firms.

To build a law career, you must enjoy what you do, be diligent, humble and innovative.

Law is broad; accordingly, you need to identify and carve a niche for yourself, in specific area(s) that drives your passion. Being a Lawyer would not make you wealthy overnight, but overtime, will bring you opportunities to build wealth, without compromising standards or engaging in unethical conducts. You need to seek proper guidance, trust your gut and take risk. You also need to create your own opportunities, do not get tired of trying, do not stop knocking on the door of greatness, and do not give up on yourself.

Above all, you also need nature to favour you and your creator to bless your efforts.

If you had not become a Lawyer, what other career would you have chosen?

Perhaps, I would have become an Engineer, or a Musician, although, I still sing and play the Saxophone, for leisure.

Where do you see yourself in ten years?

I see myself in the next ten years, as one of the most influential Business Lawyers in the world, especially in Technology/ Real Estate, and a major financial donor to the development of Africa.

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TALKING CONSTITUTIONAL DEMOCRACY DR. MIKE OZEKHOME, SAN, OFR, FCIARB, PH.D, LL.D

SMS only to 08098898888

Nigeria’s Presidential System: An Unruly Bull in a China Shop (Part 2)

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Introduction he debate rages, as to which form of government is best suited for Nigeria-presidential or parliamentary.

I commenced this important discourse last week, and hope, for the next few weeks, to dwell on it, because of its importance to our democratic experimentation. To be or not to be? That is the question for the presidential system.

True, Nigeria borrowed presidentialism from America. While it has succeeded in America since 1776, that of Nigeria happens to have been a huge failure, draining our meagre resources.

What exactly are we doing with 109 senators and 360 members of the House of Representatives, in Nigeria’s bi-cameral National Assembly?

What are we doing with 36 States cabinets of Commissioners (some States have up to 28); hundreds of State legislators, thousands of staff in the offices, and the 774 Local Government Areas of Nigeria?

What about more than 40 Ministers who must have Special Advisers, Special Assistants, Personal Assistants e.t.c.?

Remember that, some Special Advisers themselves have Special Assistants, who in turn have Personal Assistants. So, we are operating a haemorrhaging system of government, that takes over 75% of our national resources for recruitment expenditure, while only about 25% is dedicated to capital projects.

Any wonder then, that our Federal and State roads, are laden with potholes, craters and even gullies? Any wonder that, our hospitals have become mere consulting rooms and mortuary centres? Any wonder that, Nigeria, with over 200 million citizens cannot boast of a national carrier, national industrial base, tolerable power supply that helps ignite national and industrial developments?

Let us look at the sorry state of Nigeria’s power generation, the very basis for any country’s meaningful development. The total world electricity production as at 2017 was 25, 551, 300. Of this, China is world’s highest producer of electricity, with 6,495,100 GWh (Gigawatts hours). U.S.A. has 4,281,809 GWh, whilst India ranks third, with 1,387,000 GWh. In Africa, the best performing countries are: Mauritius, Rwanda, Tunisia and Cameroon.

To my disgust, my own Nigeria, is one of the worst electricity generating countries in Africa and the world, sharing the same diadem with Guinea Bissau, Madagascar and South Sudan. Nigeria pitiably still generates between a mere 5, 000 - 7000 megawatts of electricity; while South Africa generates 51, 309 megawatts. Indeed, it is estimated that for Nigeria to develop, she actually needs 160,000 megawatts of electricity, out of which she can only boast of about 7,000 megawatts of electricity at most, and you want us to continue such a presidential system that bleeds us and pauperises the people?

What is Presidential System of Govern-

In such a presidential system, the executive is elected directly by the people, and is not responsible to the legislature, which cannot therefore, in normal circumstances, dismiss it. Such dismissal is only possible through impeachment under Section 143 of the Constitution.

Presidentialism is the most visible form of government in the entire continental Americas, with 19 of its 23 sovereign States, having presidential Republics. It is also dominant in Central Asia, and Southern and West Africa.

Countries that operate presidential or semipresidential system of governments, are not the exclusive users of the title of “President”.

It has been known as, Heads of State of Parliamentary Republics which are largely ceremonial in nature, such as Nigeria between 1960 and 1963; they are also called Presidents.

Even dictators or leaders of one-party States, whether popularly elected or not, are also often called Presidents. For example, General Ibrahim Badamosi Babangida, styled himself as President.

President Muhammadu Buhari

ment?

The term “presidential government” first came into use in English journalism, even before the American Civil War as a description of a form of governmental system of the former Colonies of the United States. Walter Bagehot, had it in “The English Constitution” (1865-1867). This was while Lincoln was still President. He employed it, to draw the contrast with the British system, called “cabinet government”. One generation later, in America, Woodrow Wilson, rejected Bagehot’s term for the United States, and termed his own book “Congressional Government” (1885).

But, its Bagehot’s usage, rather than Wilson’s version, that has since gained ground. The term “presidential government”, is commonly employed today to characterise the American system of government.

The presidential system, is thus, a form of government in which the President, who is the chief executive, is elected directly by the people. All the three branches of government; executive, legislature and judiciary, are constitutionally separate and independent of each other. This means that, no branch can dismiss, terrorise or dissolve any other branch. The President is in charge of enforcing the laws; the legislature for making them; and the courts for adjudicating on them. Each is given specific powers, to check and balance the others. So, there are thus, checks and balances in the system, in accordance with Baron De Montesquieu’s 1948 “doctrine of separation of powers”. This is found, in Sections 4, 5 and 6 of the 1999 Constitution of the Federal Republic of Nigeria.

The Presidential system is a democratic and republican system of government, where the Head of Government is, in most cases, also the head of state, which is called the President.

“THE PRESIDENT, IS BOTH THE HEAD OF STATE AND THE HEAD OF GOVERNMENT. THIS INVARIABLY MAKES THE PRESIDENT, TOO POWERFUL, AS IN AMERICA AND NIGERIA”

Characteristics of the Presidential System There is usually separation of powers, between the arms of government. The President, is both the Head of State and the Head of Government. This invariably makes the President, too powerful, as in America and Nigeria. The President is wholly responsible, to the electorate that elected him. There is hardly any/formal recognised opposition, a factor that is dangerous for the smooth operation of a democratic system. All Ministers, are usually handpicked and chosen by the President. He can also summarily dismiss, remove or suspend them, at will. The system is quite expensive to run, as in America and Nigeria.

It is therefore, clear that, too much powers are concentrated in the hands of only one man at the centre, who can often misuse it, leading to dictatorship. This template is most unsuitable for a pluralistic and multi ethnic society such as Nigeria, where there are usually cries of marginalisation; resource control power sharing issues, revenue allocation, agitation for self-determination secession, e.t.c.

In a presidential system, the President has a fixed term of office. Elections are held at regular intervals, and cannot be triggered by a vote of no confidence or the other parliamentary procedures, although in some countries, there is an exception which provides for the removal of a President who is found to have broken the law. This is called impeachment, as in Nigeria.

The executive branch is unipersonal, because the President is the all-in-all. This is because, the Ministers serve at the pleasure of the President, and must carry out the policies of the executive and the legislative branches. In a presidential system, the executive needs the legislative approval of executive nominations to the cabinet, judiciary and the various lower government posts, a President generally can direct members of the cabinet, military, or any officer or employee of the executive branch, but cannot direct or dismiss Judges. (See Sections 53, 58, 291, 292 and Section 21-part A and B of the 3rd schedule of the 1999 Constitution.)

The President can veto legislative bills, and in turn, a 2/3 majority vote of lawmakers may override such veto.

The President can often, pardon or commute sentences of convicted criminals. (To be continued next week).

THOUGHT FOR THE WEEK “Today, public understanding of our past and our system of government, is pitifully low.” (Eric Liu).

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The Saudi Execution, and its Lessons for Nigeria The execution of a Nigerian woman, Kudirat Adesola Afolabi for drug related offences in Saudi Arabia a fortnight ago, has rekindled stringent calls for the abolition of the death penalty, or a least a moratorium, in Nigeria. Mrs. Afolabi is the 8th Nigerian to be executed in Saudi Arabia in the past three years, and 20 more Nigerians are awaiting execution in Saudi prisons. Has the Nigerian Government done enough, to ensure that the loss of its citizens was justified under those circumstances? Over 600 Nigerians are awaiting execution in South East Asian countries, and the Government appears helpless. On the home front, the number of Nigerians on death row awaiting the noose of the hangman, is growing into thousands. Chino Obiagu, SAN, Angela Nwandu and Leke Sanusi take a critical look at the very complex and worrisome issuessurrounding the application of the death penalty, which has since been abolished in many countries around the world

The Death Penalty: Not a Solution

Do Victims of Crime want Death Penalty? No, they only want Closure Chino Edmund Obiagwu, SAN

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his is not a discourse on the nature of death penalty, or a debate to support or oppose the use of death penalty. Rather, it is an exploration of the utility of the death penalty, for all those affected by the criminal justice system: the victims of crimes and their families, the offenders and their families, and the society. What does each of these entities want from the criminal justice process, and does the imposition and execution of the death sentence on the offender meet their respective underlying needs? What are their real justice interests? Are there better humane alternatives to the death penalty, that have stronger tendency to meet those needs and interests?

In other words, what purposes does the death penalty serve, and whose interests should those purposes pursue? What are the objectives of use of the death penalty, in addressing deep human conditions affected by criminality? How does the death penalty respond to the conflicting human needs for vengeance, retribution, closure, mercy and forgiveness?

Do the needs or concerns of the victim and victims’ family count, in deciding what punishment to impose on an offender?

Does Death Sentence reduce Crime or deter future Offenders?

Now, the underlying interest of the society in punishing offenders, is to reduce crime, especially violent crimes. That is why, the most popular argument for the use of death sentence, is that it discourages potential criminals from committed crimes. But, there are several studies that have clearly showed that, severity of the punishment does not deter criminality. Many abolitionists claim that the death penalty has not served

Angela Nwandu

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Kudirat Adesola Afolabi igerians woke up on April 2, 2019, to the news of the execution of a Nigerian woman, Kudirat Adesola Afolabi by the Saudi Government, for drug related offences. Amidst widespread condemnation of this execution from various quarters, including the Nigerian Government and various human rights groups, one begins to wonder why the needless application of the death penalty in this case, by the Saudi Government.

The fact remains that, SAUDI ARABIA just like NIGERIA, remains one of the countries in the world, that continues to apply the death penalty.

Following this execution, it has been reported that, there are about 20 more Nigerians facing the death penalty, in Saudi Arabia. This is a staggering figure, that should awake the Nigerian Government and indeed, the Ministry of Foreign Affairs to its obligation towards its nationals facing the death penalty abroad.

any deterrence purpose, and that in fact, it reinforces violent criminal behaviours.

Another need for the society in using the death penalty, is to permanently remove from the communities the most dangerous members, so that the society will increase its tendencies for safety and security. There is no doubt that, violent criminals endanger communal cohesion, diminish social safety and destroy economies. It costs a lot of money, to have a violent offender investigated and prosecuted, through the criminal justice system.

Death row custody or outright execution, is therefore, considered the justifiable offenders’ price for disrupting the social harmony. These concerns over the use of death penalty, are based on societal concerns regarding its cost effectiveness. But, have death sentences and their execution, met society’s needs for deterrence, safety and economy? That’s arguable.

Closure is at the Heart of Justice, not Vengeance On the other hand, victims of crimes and their families usually desire to achieve closure. Rarely is vengeance, retribution or mercy, of serious concern to them or to the offenders’ family. Closure for the victims involves the right to know the truth, to achieve mental satisfaction, because the deep human needs and heinous questions opened by the agony of the monstrous crimes, have been addressed and answered.

Closure for the offender, is the healing satisfaction of achieving atonement for pains the offender caused on another person(s): a mental and heart-wrenching price, has been paid through restorative penance.

A study by the University of Minnesota in the United States of America in 2014 (http:// psychcentral.com/news/2014/01/26/ study-finds-executions-do-little-toheal-victims-families/ 64973.html), suggested that “the primary reason people say they support the death penalty, is based on an incorrect

Execution Sword

assumption that the death of the murderer would bring satisfaction and closure to the victim’s family”.

This experiential study, focused on assessing whether capital punishment affects the healing of murder victims’ loved ones. By interacting with several homicide victims’ families, the study identifies some hierarchy of needs that victims’ families deeply seek from the justice system, and the topmost, appears to be the need to achieve open and restorative closure.

The study was conducted by two researchers who come from jurisdictions in the United States, on opposite ends of the death penalty spectrum: Mark Umbreit, Ph.D., from the University of Minnesota (Minnesota has no death penalty) and Marilyn Peterson Armour, Ph.D., of the University of Texas at

Austin (Texas leads the US in executions).

Through personal interviews, the researchers compared family survivors’ experiences in Texas, with those in Minnesota. The findings

“THE SAME ATTITUDE AGAINST PROLIFE AT HOME, TURNS OUT IN THE COUNTRY’S APPROACH TO ITS CONSULAR RESPONSIBILITIES TO PROTECT NIGERIANS ABROAD, FROM UNFAIR DEATH SENTENCES. ACROSS ASIA, AND ALSO IN MANY MIDDLE EAST COUNTRIES, NIGERIANS OUTNUMBER OTHER FOREIGNERS ON DEATH ROW: CHINA, VIETNAM, PAKISTAN, INDONESIA, SAUDI ARABIA, IRAN, IRAQ, ETC”

showed that, in Minnesota, victims’ family members show higher levels of physical, psychological, and behavioural health, as well as more satisfaction with the criminal justice system.

The most profound policy concern for the use of the death penalty, or any reconsideration of its utility, should be from the standpoint of the victims. What use is a punishment that further traumatises the victims, or at best, does little to assuage the pains of the crime? Legislators and policy makers may stand aloof to assume that, by imposing the severest punishment, retribution is achieved and the victims are happier.

But, these assumptions are being questioned, by deeper examination of the mental and human needs of CONTINUED ON PAGE 10

Vienna Convention on Consular Relations Nigeria is a signatory to the Vienna Convention on Consular Relations, which imposes an obligation on the Nigerian Government, to provide adequate and efficient legal representation to its citizens facing the death penalty in other countries. The big question is, is Nigeria fulfilling this obligation? Why are there so many Nigerians facing the death penalty in Asia?

Nigeria and the Death Penalty The Saudi incident provides the opportunity, to view more closely the death penalty and its application in Nigeria.

While the Nigerian Government is quick to condemn the Saudi Government for the execution of its national, it is pertinent to highlight

that, the Nigerian Government also continues to retain the death penalty, in its laws.

Back in January 2015, the Indonesian government executed two Nigerians, alongside nationals of Australia, Brazil and Netherlands.

One could readily understand the outrage of the Australian Government, Brazil and the Kingdom of Netherlands. The death penalty was first abolished in the criminal laws of the Netherlands in 1870, while the last official execution in Australia occurred in 1967, and as such, subjecting their nationals to the death penalty, was completely unacceptable.

Nigeria, however, continues to apply the death penalty, but condemns others for using it.

One may argue that, Nigeria is not known for executing foreign nationals, but this doesn’t change the fact that, Nigeria needs to be working towards joining the league of nations that have abolished the death penalty, both in law and in practice.

Significant steps were witnessed in Africa, towards a restriction in the use of the death penalty. In February 2018, Gambia declared an official moratorium on executions. This was closely followed

by Burkina Faso, which abolished the death penalty for ordinary crimes in June. Just like the Gambia, Malaysia also declared an official moratorium on executions in July 2018.

Nigeria is urged to take necessary steps, to join these countries in putting an end to the use of the death penalty within its quarters.

Perhaps, even more worrisome is the fact that, Nigeria has continued to retain the mandatory death penalty in its statutes, a situation which clearly erodes the exercise of judicial discretion in a particular case.

Nigerian Government has attained notoriety in reacting to an upsurge in criminal cases, by promulgating the death penalty for such crimes, rather than taking measures to prevent crimes. This is exemplified by the responses of State governments in Southern Nigeria, to the increase in cases of kidnapping.

“NIGERIANS WOKE UP ON APRIL 2, 2019, TO THE NEWS OF THE EXECUTION OF A NIGERIAN WOMAN, KUDIRAT ADESOLA AFOLABI BY THE SAUDI GOVERNMENT, FOR DRUG RELATED OFFENCES”

Many have argued that, the deeply flawed Nigerian justice system, lacks the moral grounds to hand down the death penalty.

The death penalty encourages selective justice, and is used disproportionately against the poor.

It is barbaric, cruel, inhumane, and execution is irreversible and absolute. Contrary to popular belief, research shows that, the death penalty does not serve as deterrent to crime, more than other forms of punishment; therefore, its application, regardless, should be interpreted as a blatant disregard for human life and therefore, a violation of the right to life.

The death penalty cannot be a solution to the myriad of security issues, plaguing the Nigerian Criminal Justice System. The Nigerian Government is encouraged to take steps in improving its justice system, and to become proactive in dealing with justice issues, and not reacting with the death penalty which has proved inefficient in creating a safer society.

Angela Nwandu, Head of Office of Avocats Sans Frontières France / Lawyers Without Borders France

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DO VICTIMS OF CRIME WANT DEATH PENALTY? NO, THEY ONLY WANT CLOSURE

victims.

The Minnesota study mentioned that clearly, “victims’ closure can never occur through the law alone”. Law courts rarely give justice, though they may apply the law. Law and justice, are not necessarily concomitant. Modern criminologists are increasingly learning from social work that, to address criminality and recidivism, it may be necessary to adopt conflict resolution approach, and to pursue healing and closure. This pursuit of closure is called restorative justice: a therapeutic conversation between the offender and his deeply wounded victims. Its primary purpose is not to re-inflict the pains of crime, but to heal them.

“Restorative justice, doesn’t view crime as just a violation of the law. Yes, it is, but it is fundamentally a traumatic act; a violation of people—of families and individuals.” The human angle to law and justice, is extremely important: it’s of extreme importance to listen to victims, consider their concerns and perceptions— not to make assumptions about what they need.

A more profound approach to addressing violent crime and the use of the death penalty is to revisit criminal justice outcomes, and to anchor national public penal policies as much as possible, on the people most affected by it: their real needs rather than societal assumptions.

Restorative justice has been described as, the return of humane angle to justice: human needs rather than societal needs. In the book titled “In the shadow of death: restorative justice and death row victims”, restorative justice is depicted as a theory and practice of values of human needs and desires, “which views violent crime as an extreme violation of relationships; searches for ways to hold offenders accountable; and meets the needs of victims and communities torn apart by the crime, organises these narratives and integrates offenders' families into the process of transforming conflict and promoting justice and healing for all”. Opening the hearts of those involved in the criminal situation, shows that “forgiveness and recovery are possible in the wake of even the most heinous crimes, while holding victims' stories sacred”.

African and Restorative Justice for Capital Crimes Pre-colonial Africa’s criminal laws, were purely restorative. Mandatory death sentences in most parts of the continent, were introduced by received modern laws imposed for reasons of political dominance. Traditionally, such heinous crimes as premeditated murder, were punished by a range of remedial, but restorative and reparative sanctions, which met the society’s need to cleanse the land, reconnect the broken communities, retrib-

CONTINUED FROM PAGE 9

“WHILE THE NIGERIAN GOVERNMENT IS QUICK TO CONDEMN THE SAUDI GOVERNMENT FOR THE EXECUTION OF ITS NATIONAL, IT IS PERTINENT TO HIGHLIGHT THAT, THE NIGERIAN GOVERNMENT ALSO CONTINUES TO RETAIN THE DEATH PENALTY, IN ITS LAW”

be applied to capital crimes, including murder.

Restorative justice recognises the important need of holding the offender accountable for the crime committed, and respect for the right of the victims to pursue justice, but it does not strictly define ‘justice’ for the offender and the victims, but allows their respective needs and values to guide the choice of punishment. The families of a murder victim and of the executed capital offender, though divided by the agony of the heinous crime, share similar experiences of loss of a family member. A more robust approach to crime and punishment, should explore the effect of capital sentence on offenders’ families, as much as on the victim. What amounts to a suitable ‘redress’ for any crime, is not a subject for legal prescription or strict statutory stipulation, but an open deployment of justice processes, to meet the deep human needs. Perhaps, such enterprise could revisit the African notion of justice, and increase the social desire for healing and restoration, as an important part of the criminal justice process.

ute the victims for the painful loss, and inflict the inevitable penance on the offender. Africans did achieve these three objectives, thereby maintaining social harmony with little pain. Unhappily, the new world’s notion of justice, appears to be driven by vengeance and economy. Vengeance is never justice, has never been. It exacerbates the human psyche for material fulfilment, leaving unresolved the deep desires for closure, for both the victim, the offender and their families.When a murder or violent crime takes place, the whole world comes crashing down for the victims and their families, never to be the same again. But, the killing of the offender will not bring their loved one back. It will simply bring more pain, to yet another family. The society as a whole, is not healed.

Nigeria leads Africa, Except in protecting life of its Citizens The same attitude against pro-life at home, turns out in the country’s approach to its consular responsibilities to protect Nigerians abroad from unfair death sentences. Across Asia, and also in many Middle East countries, Nigerians outnumber other foreigners on death row: - China, Vietnam, Pakistan, Indonesia, Saudi Arabia, Iran, Iraq, etc.

In the last decade, nearly 25 Nigerians have been executed abroad, after a series of unfair trials: lack of interpretation at the so called trials, poor or no legal representation, poor appeal process, etc. Yet, Nigeria has a legal obligation through its diplomatic missions in those countries, to provide full consular services to its citizens in conflict with the law abroad. Has the Government failed in doing so? Yes. In 2017 when four foreigners, including a Brazilian and Nigerians were executed in Indonesia, calls by Nigeria anti-death penalty network of NGOs to the Nigeria mission and the Ministry of Foreign Affairs, to raise diplomatic row with Indonesia to stop the execution, was rebuffed. The Brazilian Government did all in futility, to stop the execution. They were later executed, and their bodies did not return home. Few months later, the Indonesia delegation was in Abuja on a trade mission, but no official raised the executions with them. So, it’s as if Nigerian life does not matter.

At home, it does not matter, because a poor man who robbed a N5, 000 worth of mobile phone with a threat of a knife, is sentenced to death for armed robbery, so also a kidnapper for ransom.

Chino Edmund Obiagwu, SAN, Lead Counsel, LEDAP, Legal Defence & Assistance Project

Humans need Utility of the Death Penalty The victim and offender perspectives to crime and penalty, will logically persuade modern societies to re-visit and re-assess the utility of use of the death penalty, and perhaps, motivate much more deeper and dispassionate considerations of utilitarian alternatives. Restorative justice approach to capital crimes, .demands that justice professionals examine the notion of justice from the perspective of the real and underlying needs of those involved in the process or those affected by it. Criminal law, has for long, avoided this standpoint, relying more on law and legal precepts, than human desires, needs and values.

Restorative justice has been ordinarily applied to non-violent crimes, as a safer way of reducing recidivism and reversing early criminal tendencies of young offenders. However, it can very well

23.04.2019

COVER/11

Rethinking the Death Penalty in Nigeria

Rabi Ismail

Leke Sanusi

A Rabi Ismail

lthough Nigeria, one of 58 countries to retain the death penalty, has not carried out an execution since 2014, hundreds of prisoners remain on death row.

Recently, it was reported that Nigeria’s final court of appeal, the Supreme Court, upheld the rulings of two lower courts charging actress Rabi Ismail for the murder of a male friend, and sentencing her to be hanged. The case has re-opened debate over the death sentence in Nigeria.

Ismail is noted for her performances in the Hausa-language productions of Kano’s northern-city film industry, "Kannywood". She is accused of drugging a male companion, Auwalu Ibrahim, and drowning him in a dam in 2002. While her Lawyers have been tireless in their efforts to secure her acquittal, the Supreme Court’s verdict is believed to be final, and the ruling is expected to be upheld. News of the verdict, however, has led to a number organisations voicing their disapproval of the decision, criticising the Federal Government of Nigeria’s use of the death penalty. Groups such as Amnesty International and

Kudirat Adesola Afolabi

LEDAP, have called for an immediate moratorium to be declared on all executions, changing all death sentences “without delay” to terms of imprisonment.

Proponents of the death penalty, argue that capital punishment permanently removes the worst criminals from society, providing a much safer environment than long-term or permanent incarceration. The supposed cost effectiveness of death sentences is often cited, as is the belief that capital punishment deters further crimes being committed.

These opinions were emphasised by a touring national debate initiated by the Nigerian Government in 2007, urging Nigerians to come forth with their honest opinions to discuss capital punishment. One supporter of the death sentence argued: “The death penalty is good for people who have killed, because it will serve as a deterrent to other people”.

Inhumane punishment Conversely, abolitionist groups, such as Civil Liberties Organisation, posit that “no form of punishment can be more inhuman” or “more unusual than the death penalty”.

Nigeria’s judicial system is widely, as being “riddled with flaws that can have devastating consequences”.

Aster van Kregten, Amnesty International's Nigeria researcher, described the situation as “truly horrifying”, referring to the large numbers of

“JUDGES KNOW THAT, THERE IS WIDESPREAD TORTURE BY THE POLICE – AND YET, THEY CONTINUE TO SENTENCE SUSPECTS TO DEATH BASED ON THESE CONFESSIONS, LEADING TO MANY POSSIBLY INNOCENT PEOPLE BEING SENTENCED TO DEATH”

“innocent people that may have been executed and may still be executed”.

A recent report by Amnesty International and Legal Defence and Assistance Project (LEDAP) revealed that, several expert groups set up by former President Olusegun Obasanjo in 2004 have “acknowledged that the Nigerian criminal justice system cannot guarantee a fair trial and therefore, recommended a moratorium on executions”. Stating that since the handover to democracy in May 1999, “at least 650 people have been sentenced to death in Nigeria”, the report highlights the draconian nature of the Nigerian judiciary.

Many prisoners awaiting trial and on death row reported, “that the police picked them up and asked for money to release them. Those who couldn't pay were treated as suspected armed robbers.” Other death row prisoners are said to have told Amnesty International “that they were arrested when they went to a police station to report a crime they had witnessed.” Furthermore, police officers are alleged to have demanded money for their release, sometimes asking for money for fuel, “without which they could not visit witnesses or check alibis.”

According to van Kregten, Nigeria’s police force is “over-stretched” and “under resourced.” As a result, officers rely heavily on supposed confessions to solve crimes, “rather than on expensive investigations”.

This is in direct contradiction to Nigerian law, as, if a suspect confesses under pressure, torture, or threat, “it cannot be used as evidence in court”.

In spite of this, Judges “continue to sentence suspects to death based on these confessions, leading to many possibly innocent people being sentenced to death”, further enraging critics of the use of the death penalty in Nigeria.

Against 725 men death row least 40 of

international law and 11 women were on as of February 2008. At the prisoners were under

18-years-old. The execution of juvenile offenders - prisoners under the age of 18 - transgresses international human rights law, prohibiting the execution of juveniles. Critics also contend that the seemingly interminable wait for appeals is unlawful and inhumane, with “47% of death row inmates waiting for their appeal to be concluded”.

While “a quarter of prisoners' appeals have lasted five years and 6% of prisoners with appeals outstanding have waited more than 20 years”.

Detractors of retentionist governments such as Nigeria, also point to the appalling nature of life on death row. Observers are also concerned by questions of wealth, being influential in determining how criminals are prosecuted. Arguing that the poor face the greatest risk of being wrongfully sentenced to death, Chino Obiagwu of LEDAP says it comes down to being able to afford to pay to “keep yourself out of the system – whether that means paying the police to adequately investigate your case, paying for a Lawyer to defend you, or paying to have your name put on a list of those eligible for pardon”.

Demanding a moratorium Rabi Ismail’s case has firmly put the issue of capital punishment in Africa’s most populous nation, back in the spotlight. It raises questions over the legitimacy of the death sentence, the Nigerian judicial system and the state of the nation’s prisons.

Organisations such as Amnesty International and LEDAP, have long campaigned for the abolition of the death sentence. In speaking out against the Supreme Court’s ruling, they echo the sentiments of countless human rights and campaign groups, voicing an increasingly voluble call for a progressive review of Nigerian law. Demanding a moratorium is at once an announcement of their stance, but also a challenge to Nigerian Government, to deliver on promises of change: to be firm, to be decisive, and to “show leadership".

12/COVER

23.04.2019

Poverty and the Death Penalty in Nigeria Aster van Kregen and Adaobi Egboka

H

undreds of people on death row in Nigeria, did not have a fair trial and may therefore, be innocent, according to a report by Legal Defence & Assistance Project (LEDAP) and Amnesty International (AI) report titled Nigeria: Waiting for the Hangman.

The joint report posited that, those sentenced to death are poor, and that more than half of the convictions are based on a confession – in many cases, extracted under torture.

Written by researchers at AI and LEDAP, the report also says that Nigeria's criminal justice system, is "riddled with corruption, negligence and a nearly criminal lack of resources".

As of February 2018, 1325 men and 14 women were on death row in Nigeria, the highest in Africa. At least 40 of them, were under 18.

About 53%, were convicted of murder. Most of the rest, were convicted of armed robbery and robbery.

According to the report, 47% of death row inmates, are waiting for their appeal to be concluded. A quarter of prisoners' appeals have lasted 5 years. 6% of prisoners with appeals outstanding, have waited more than 20 years.

Three prisoners have spent 24 years, on death row. One was later released in 2012, through legal intervention by LEDAP. "It is truly horrifying to think of how many innocent people may have been executed, and may still be executed," said Aster van Kregten, Amnesty International's Nigeria researcher, speaking from Abuja. "The judicial system, is riddled with flaws that can have devastating consequences. For those accused of capital crimes, the effects are obviously deadly and irreversible."

Death Row and Confessions Life on death row is extremely harsh. Prisoners whose appeals are over, are held in cells where they can see executions. After a prisoner has been hanged, other death row prisoners are forced to clean the gallows.

Almost 80% of inmates in Nigerian prisons, say they have been beaten, threatened with weapons or tortured in police cells. Confessions are often extracted under torture.

"The police are over-stretched and underresourced," said Aster van Kregten. "Because of this, they rely heavily on confessions to 'solve'

Attorney-General of the Federation and Minister of Justice, Abubakar Malami, SAN

crimes – rather than on expensive investigations. Convictions based on such confessions, are obviously very unsafe."

"Under Nigerian law, if a suspect confesses under pressure, threat or torture, it cannot be used as evidence in court," said Chino Obiagwu, SAN, LEDAP's National Coordinator and Lead Counsel. "Judges know that, there is widespread torture by the police – and yet they continue to sentence suspects to death based on these confessions, leading to many possibly innocent people being sentenced to death."

The poor are at the greatest risk, in Nigeria's criminal justice system. Mr. Obiagwu says that, questions of guilt and innocence are almost

“RECENTLY, IT WAS REPORTED THAT, NIGERIA’S FINAL COURT OF APPEAL, THE SUPREME COURT, UPHELD THE RULINGS OF TWO LOWER COURTS CHARGING ACTRESS RABI ISMAIL FOR THE MURDER OF A MALE FRIEND, AND SENTENCING HER TO BE HANGED”

irrelevant. "It is all about, if you can afford to pay to keep yourself out of the system – whether that means paying the police to adequately investigate your case, paying for a Lawyer to defend you, or paying to have your name put on a list of those eligible for pardon."

Many prisoners awaiting trial and on death row, told Amnesty International and LEDAP, that the police picked them up and asked for money to release them. Those who couldn't pay, were treated as suspected armed robbers.

Other death row prisoners told Amnesty International, that they were arrested when they went to a police station to report a crime they had witnessed. Police demanded money for their release. Sometimes police asked for money for fuel, without which they could not visit witnesses or check alibis.

Amnesty International and LEDAP, are calling on the Federal Government of Nigeria to abolish the death penalty. The organisations say that, pending abolition, the Government should declare an immediate moratorium on all executions, as provided by UN General Assembly resolution 62/149, and commute without delay, all death sentences to terms of imprisonment.

23.04.2019

OPINION/13

The Judicial Lynching of Justice Onnoghen Many saw it coming, but a few optimists, thought otherwise. The Chief Justice of Nigeria, Walter Samuel Nkanu Onnoghen, GCON, was eventually convicted by the Danladi Umar headed Code of Conduct Tribunal, last week. He was found guilty of corrupt enrichment and nondeclaration of assets, some argue, even in the face of overwhelming evidence to the contrary. Was the erstwhile CJN’s trail purely political, a case of vendetta, or were there cogent reasons for his travails? Although, the matter has gone on appeal, Dr Mike Ozekhome, SAN, Joseph Otteh and Daniel Aloaye express their views on the saga, which for the first time in the nation’s history, saw a sitting CJN, unceremoniously and unconstitutionally removed from office

I

had predicted it since January when this national disgrace started, that Onnoghen stood no chance of surviving the Presidential and Executive onslaught, using the CCT, as its attack dog. Article after article, television discourse after television discourse, was hammered on the fact that, Onnoghen stood no chance, because the government was working from the answer to the question. There was no fair hearing at all, going by the indices of fair hearing. The entire Judiciary became complicit, in cahoots with the Executive, to lynch one of their own. It is heartrending, that a whole Court of Appeal, would refuse to deliver judgement and rulings on matters argued before it, some of which had the potential of stopping the entire farcical trial of Onnoghen. They

looked the other way, while Onnoghen’s trial was being rushed on a daily basis, as if it had become our nation's Fundamental Objective and Directive Principles of State Policy. Nothing mattered, except Onnoghen's trial and conviction.

Those members of the Judiciary who have contributed one way or the other to bring down Onnoghen and humiliate him, are awaiting their turn. Today, tomorrow, or in the future. Where is the place of Nganjiwa’s case? It was roughly discarded, as of no moment. Selective justice, you would say. These guys are destroying the Judiciary by instalments, and some idiotic and myopic people, are clapping for immediate political and ephemeral gains. When the chips are down, they would regret gnash their teeth and swallow their pride.

Dr Mike Ozekhome, SAN

Justice Walter Onnoghen in the dock, during one of the sittings at the Code of Conduct Tribunal

Sham Trial, Absurd Judgement: CCB Tribunal Plumbs the Depths of Travesty in FRN V ONNOGHEN

O Introduction

n April 18, 2019, the Code of Conduct Tribunal (“CCT”) in a judgement delivered by its Chairman, Mr. Danladi Umar, convicted Hon. Justice Walter Onnoghen on a six-count charge of false declaration of assets. The charges were filed on January 10th , 2019 by the Federal Government of Nigeria, following a petition to the Code of Conduct Bureau (“CCB”) on January 9th , 2019 by an organisation (the Anti-Corruption and Research Based Data Initiative).

Following its verdict, the Tribunal ordered Justice Onnoghen’s removal from judicial office as Chief Justice of Nigeria, as well as the seizure and forfeiture of the monies in the undeclared accounts. It also barred him from holding public office, for ten years.

The CCT is a quasi-criminal court, saddled with the responsibility of handling complaints of non-compliance with the Code of Conduct for Public Officers. The primary objective of the CCT, as provided under its enabling Act, is to establish and maintain a high standard of morality in the conduct of their official functions by public officials.

Neutrality on Issues of Guilt or Innocence We take no position on Justice Onnoghen’s guilt or innocence, on the charges contained in the indictment, and neither does Access to Justice (A2Justice). It is clearly not important to take a position, in order to insist that everyone charged with an offence, should have his day in court. Hon. Justice Walter Onnoghen, did not have his day in court, and his right to a fair trial guaranteed by the Constitution, was denied him in the most brutal, unapologetic way. If a Chief Justice of Nigeria (or ex Chief Justice), can be victimised the way Justice Onnoghen was, what hope does the ordinary person have for justice?

It is a rule of law precept that, all persons are equal before the law, and that no person should be above the law, not even a Chief Justice. However, a fundamental rule of law

requirement, is that courts and tribunals which exercise judicial powers, should be independent of other arms of government and appear, in the perception of reasonable observers, to be so independent. Unfortunately, the CCT did not offer this guarantee of autonomy, neither its perception. Far from it. The Tribunal had, from the outset, nailed its colours to the mast and shown that, it was bent on a particular outcome, and that it would look neither to the left nor to the right, in the blind pursuit of that goal. At several pivotal junctures in the course of the trial, the Tribunal appeared to demonstrate that it was, without blushes, comfortably on the same side with the Government, and was not sitting as an unbiased umpire or judicial arbiter.

Dark Clouds Cast Before Case Started Nowhere was this more evident, as when Danladi Umar and another member of the Tribunal granted on January 23rd , 2019, an ex-parte order suspending Justice Walter Onnoghen as Chief Justice of Nigeria, under cover of darkness, speaking figuratively. The bizarre and egregious procedure taken to unseat Justice Onnoghen, was an unmistakable indication that no barrel was too deep for this Tribunal to plumb in achieving its set goals, and no rule or principle of law was too deeply set or revered enough to forestall its plan. That ex-parte order, was what was relied upon by the President in swearing in an acting Chief Justice of Nigeria a day or two later, and hounding Justice Onnoghen out of office even if for the time being. From that moment, it became clear to

“HON. JUSTICE WALTER ONNOGHEN, DID NOT HAVE HIS DAY IN COURT, AND HIS RIGHT TO A FAIR TRIAL GUARANTEED

BY THE CONSTITUTION, WAS DENIED HIM IN THE MOST BRUTAL, UNAPOLOGETIC WAY”

many observers, that Justice Walter Onnoghen’s fate had been sealed, well before any evidence had been introduced in the trial.

There are other features of the trial that were simply astonishing. The implacable haste with which the case was brought, tried and concluded, was hugely telling, and it is very curious that, judgement was set for delivery in just about three days after the parties had submitted their arguments. Never before in any case of similar magnitude, had the CCT, to our knowledge, returned a verdict within such a staggeringly brief period. Why was the CCT in such unrelenting haste, when the Constitution says a court has three months to deliver a judgement at the end of the trial?

A Brazenly Unfair Trial It would be a serious fallacy, to characterise the Tribunal’s verdict as one reached after a due process trial, using even the lowest possible denominators of what a fair trial ought to consist of. The procedures adopted by the Tribunal in the case were far too shambolic, faulty and flawed, to be regarded as a judicial proccess. To reasonable observers, it would appear that, the Tribunal’s procedure and speed, were deliberately contrived to enable it reach pre-determined outcomes, and its verdict was simply a reflection and product of the sham trial. No fair-minded court or Tribunal, could have descended to the depths the CCT delved in trying to convict Justice Walter Onnoghen, and to remove him from office. The desperation on the part of the Tribunal was so frantic, that it had to overturn or side-step its previous judgements on similar matters, such as, for example, that given in a prior case involving another Justice of the Supreme Court, Justice Ngwuta. A cardinal principle of our Common Law system, is that similar cases are decided alike, in order to prevent arbitrariness and caprice in the adjudication of cases.

This is no way to fight corruption or promote morality in public office, but about selling a dummy. As the English jurist, Edward Coke puts it, "it is the worst oppression, that is done by colour of Justice".

The CCT may have used this sordid performance to launder its credentials, and helped

a Government achieve a partisan goal, but, ultimately it may have brought itself and its members, in the estimation of many discerning people, to public and professional ridicule.

There is no positive, but rather, there are plenty negatives to this flawed judgement.

This judgement merely shows how much is still lacking in Nigeria’s courts and tribunals, and how distanced they truly are from being independent vehicles of justice.

Unfortunately, the Code of Conduct Tribunal has been headed for a long time, by a person who himself was, for a long time, the subject of corruption allegations, and that, in itself, is a major weakness. It is clearly feasible to argue, at least theoretically, that all an executive government needs to do to get the CCT grovelling to its side, is to raise the spectre of pursuing a corruption trial against its Chairman, Danladi Umar. That is just how vulnerable the leadership of the Code of Conduct Tribunal is.

There needs to be a change in the chairmanship of the Tribunal, if it is to inspire public confidence in itself.

Constitutional Reforms Needed to Strengthen Independence of CCT More than changing its leadership, constitutional reforms must make the CCT a more independent institution. As Danladi Umar himself said in his judgement on the 18th of April, “...

CCT also is not under the supervision of the National Judicial Council, but the Presidency...’’.

A Tribunal under the Presidency cannot be independent of the Presidency, which is a political institution.

Ultimately, the trial and judgement of the CCT, will disparage Nigeria’s system of justice in the eyes of the international community.

More than that, however, they show that, despite elaborate constitutional arrangements to guarantee an independent Judiciary, as well as constitutional rights to a fair trial, the judicial process is still weak and leaking through many crevices, leaving many citizens defenceless and exposed as a result. We see this situation, in the CCT. No democracy can flourish, under such conditions.

Joseph Otteh, Executive Director, Access to Justice and Aloaye, Programme Officer

14/

23.04.2019

INSIGHT ABUBAKAR D. SANI

xL4sure@yahoo.com

Malabu Arrest Warrants: A Case of Prosecutorial Overreach?

M Introduction

alabu Arrest Warrants: A Case of Prosecutorial Overreach?

The news, last week, that the Economic & Financial Crimes Commission (EFCC) had procured a warrant of arrest against the immediate past Attorney-General of the Federation & Minister of Justice, Mr Mohammed Bello Adoke, SAN, as well as a one-time Minister of Petroleum Resources, Mr Dan Etete and four others, might yet prove to be another manifestation of the tendency of our public institutions to confuse motion with movement. My reasons will be outlined anon.

Before then, it will be recalled that, the proceedings in connection with which the warrant was issued, Charge No. FCT/CR/124/2017, pending before Hon. Justice Danladi Senchi, are just one, out of three similar suits filed by the Government against the former Minister et al, in relation to the alleged fraudulent disposal of OPL 245, popularly called Malabu Oil. The others are Charge Nos. FHC/ABJ/CR/208/2016 and FHC/ABJ/ CR/39/2017 before the Federal High Court, Abuja.

Basis of the Warrant In the affidavit in support of EFCC’s application, upon which the court based its order, the anti-graft agency had deposed that:i. “That the arraignment of the Defendants could not take place, because the 4th to 9th Defendants are at large, and have refused to make themselves available; ii. “That all efforts to apprehend the fleeing Defendants proved abortive; iii. “That in furtherance of efforts to apprehend the 4th to 9th Defendants, the EFCC contacted the Nigeria Police to assist in watch-listing (sic) them and facilitating their arrest”; iv. “That the Nigeria Police, in response, requested detailed particulars and necessary processes to enable them to liaise with INTERPOL, and other relevant sister organisations have insisted that, in addition to having a pending charge before a competent court, there must be a warrant of arrest to enable the organisations to apprehend the Defendants. v. “That granting this application will facilitate the required liaison with INTERPOL, and ensure that the Defendants/Respondents are apprehended and produced before the court, for their arraignment on the charges filed against them.”

From the foregoing, it is transparently clear that, the inability of the Prosecution to serve the charges on Mr. Adoke and the other Defendants, prompted it to apply for the warrant. What does the law say about this situation? Does the mere failure or inability of the Prosecution to arraign a suspect or even to formally inform him/her of the pendency of a criminal charge, entitle it to apply for a warrant of arrest against that suspect?

To the best of my knowledge, the relevant applicable law is Section 394 of the Administration of Criminal Justice Act 2015 (ACJA). It provides thus: “Where a Defendant against whom an information has been duly preferred, and on whom the information and notice of trial have been duly served, does not appear to plead to the information, whether he is under recognisance to appear or not, the court may issue a warrant for his arrest”.

The first point to note about this provision, is that it clearly encroaches on the citizen’s right to liberty. In this regard, in AFOLABI v GOV. OF OYO STATE (1985)2 NWLR pt. 9 pg. 734 @ 753H, the Apex Court held that: “the courts have adopted the principle that statutes which encroach on the rights of subjects, whether as regards the person or property, are subject to strict construction in the same way as Penal Acts. Therefore, such statutes should be interpreted so as to respect such rights, and if there is any ambiguity, the construction which is in favour of the freedom of the individual should be adopted”. See also OKOTIE-EBOH v MANAGER (2004) 18 NWLR pt. 905 PG. 242.

In the case of Messrs. Adoke, Etete et al, the Prosecution itself openly admitted that, the charges were yet to be served on the Defendants. I submit that, even the most liberal interpretation of the provisions of Section

Former Minister of Petroleum, Chief Dan Etete

Former Attorney General of the Federation, Mohammed Bello Adoke, SAN

394 of ACJA will lead to the irresistible conclusion that not only was EFCC’s application premature, it was predicated on an unfulfilled condition precedent to the procurement of the warrant, namely, service of the charges and notice of the trial on Messrs Adoke, Etete et al, as aforesaid. It is elementary that, this is a fatal flaw which robs the court of jurisdiction to issue the warrants and, as a consequence, invalidates it. See MADUKOLU v NKEMDILIM (1962) All NLR 242.

This is all the more so, because, in my humble view, Section 394 of ACJA imports a permissive, and not, an imperative mandate. This is because of the context in which the word “may” is used therein, in relation to the power of a court to order the arrest of a Defendant.

In other words, the court is required to exercise a discretion. In this regard, it was held in ONI v FAYEMI (2008) 8 NWLR pt. 1081 pg. 400@ 440H. C.A., that “discretion, being judicial, must at all times, be exercised, not only judicially, but also judiciously, based on sufficient materials placed before the court”.

The burning question is: can the order of arrest in this case, be said to have been made judicially and judiciously? To find the answer, one need look no further than the affidavit evidence of the Prosecution, which it used to procure the order. Parts of it were narrated, infra. In this regard, it is self-evident that, the affidavit fell short of the standard required by law. This is because, it is glaringly bereft of sufficient materials to warrant the exercise of the court’s discretion within the intendment of Section 394 of ACJA. In NTUKIDEM v OKO (1986) 17 NSCC pt. II, pg. 1306 @ 1326, the Apex Court held that, “discretion that produces an obvious injustice, is one not judicially or even judiciously exercised”.

Yet another reason why the order is flawed, with all due respect, is the failure of the Prosecutor to disclose

sufficient particulars of the source of the information, or its belief that the order was a prerequisite for triggering the intervention of the Nigerian Police and INTERPOL to assist it in effecting the arrests. This is a requirement of Section 115(4) of the Evidence Act. Besides, it is arguable that, the said decision of Hon. Justice Binta Nyako in April 2018, creates an estoppel of sorts (per rem judicatam), on the crucial question of whether Mr. Adoke, in particular, can be criminally liable for his conduct in relation to which the charges before Justice Senchi (as well as the two others before the self-same Federal High Court as aforesaid) were filed. This is because, Justice Nyako made several far-reaching findings of fact in that case, which all but exonerated Mr. Adoke of complicity in the allegations which formed the basis of the indictments before all three courts. Can the EFCC honestly feign ignorance of that judgement? Yes, it was not a party thereto, and yes, that judgement is currently on appeal by the Attorney-General of the Federation. But, it subsists and is binding, until it is set aside on appeal.

I humbly posit that, Justice Nyako’s judgement satisfies the requirements of res judicata vis-a-vis Mr Adoke’s role in the Malabu saga within the principles in UDEZE v CHIDEBE (1990)1 NWLR pt. 125 pg.

141 @ 155, S.C., and other cases. EFCC’s absence from Justice Nyako’s proceedings is of no moment, as estoppel applies not only to parties, but to their privies.

EFCC is clearly the privy-in-law of the AGF, within the formulation of the Apex Court in COKER v OLUSOGA (1994) 2 NWLR pt. 329 pg. 648 @ 659. See Section 43 of the EFCC Act, 2003.

Any suggestion that estoppel applies only to civil causes and not to criminal proceedings, is untenable, as it would violate the right to equal protection of the law under Article III(2) of the African Charter on Human & Peoples Rights. See NNPC v FAWEHINMI (1998)7 NWLR pt. 559 pg. 598 @ 616, C.A.

“IN A SITUATION WHERE A COURT OF COMPETENT JURISDICTION HAS CLEARLY EXONERATED A PERSON, ON THE GROUND THAT HE WAS MERELY CARRYING OUT THE LAWFUL DIRECTIVES OF HIS PRINCIPAL (RESPONDENT SUPERIEUR), IT IS A TRAVESTY TO INSIST ON PROSECUTING THE FORMER, WHILE THE LATTER GOES SCOT-FREE”

Conclusion In a situation where a court of competent jurisdiction has clearly exonerated a person, on the ground that he was merely carrying out the lawful directives of his principal (respondent superieur), it is a travesty to insist on prosecuting the former, while the latter goes scot-free. If the EFCC insists on pursuing the Malabu case to its logical conclusion, it should quit chasing minions – who are merely agents of a disclosed principal - and go after the “big fish” who called the shots.

No prizes for guessing who that is.

As for Mr. Adoke, he has the judgement of a competent court to prove his innocence. Whoever insists that he is still guilty, notwithstanding that judgement, should first appeal against it, as, indeed, is presently the case, at the behest of the same Government which the EFCC serves. Procuring a warrant for his arrest during the pendency of that appeal, smacks of prosecutorial impertinence, if not an outright abuse of court process.

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Sustaining Benefits to the Host Communities in the Niger Delta with IBAs This article by Adegoke Oshunniyi discusses his concerns about the sustainability of the Presidential Amnesty Program in the Niger Delta, and proffers the solution of introducing well-crafted IBAs, as a possible antidote

M

The Presidential Amnesty Program any Nigerians consider the Presidential Amnesty Program (PAP) a success, especially because of the role it is perceived to have played, in the distribution of benefits to the Host Communities in the Niger Delta area of Nigeria. The pertinent question however, remains whether the program is sustainable?

The PAP was instituted in June 2009, by then President Umaru Yar’Adua, as a mechanism to stem the rising tide of unrest and insecurity then prevailing in that region, which was having a very adverse effect on crude oil installations, production, as well as the safety of both expatriate and domestic oil workers.

Is the PAP sustainable?

There have been concerns as to the sustainability of the PAP, as well as its capacity to eradicate the root cause of the agitation.

Probably because the PAP, being an initiative of the Presidency, is not backed by an enabling Law. Consequently, it is incapable of being legally enforced in court, but, is rather, enforced by the over militarisation of the Niger Delta. Furthermore, it is liable to a whimsical or unilateral abrogation by the Presidency, though admittedly, such an action may incur dire consequences.

In seeking to proffer a solution, this paper argues that, the implementation of an Impacts and Benefits Agreements (IBA) regime, may be a much more sustainable, peaceful and enforceable benefits sharing mechanism, than the PAP. The Concerns At a Stakeholders meeting in Yenagoa, Bayelsa State, held on June 17, 2018, the leaders of the Niger Delta, warned the President not to toy with, or in any way, seek to abrogate the amnesty program, which they regard as responsible for the current peace being witnessed in the region. Stating further that the benefits emanating from the ‘funding of the amnesty program, is the key towards sustaining the prevailing peace being witnessed in the region’. That threat would have been superfluous, if the PAP was backed by Statute.

PAP and the HCB The Host Communities Bill (HCB), was probably conceptualised by the National Assembly to cure that defect. Although, the 8th Conclave of the National Assembly is yet to put finishing touches to the brewing HCB, there are also concerns that, the HCB might not yield the expected benefits of peace and equitable appropriation, to the Host Communities.

In an interview published by the Guardian Newspapers on May 16, 2018, Dr. Joseph Ellah, a former Group General Manager, Corporate Planning and Development Division, of the

Special Adviser to the President on Niger Delta and Coordinator, Amnesty Programme, Prof. Charles Dokubo

NNPC, stated that, “except the National Assembly includes the payment of royalties to oil producing communities, as a component of the HCB, unrest in the Niger Delta will persist”.

Stating further that, “the assumption that the HCB will enhance peaceful and harmonious co-existence between the International Oil Companies (IOCs) and Host Communities, was illusionary”. Though such a worrisome contribution deserves a critical appraisal, it nevertheless, underscores the fact that, the search continues, for a sustainable and peace enhancing benefits sharing mechanism, in the Niger Delta.

IBA as an Antidote That situation informs this Writer’s position that, well-crafted IBAs may provide the much needed key, to sustaining legally enforceable benefits.

In an article published on June 12, 2018 in THISDAY Newspaper, this Writer had made a case for IBAs as a panacea for incentivising oil and gas investments in Nigeria. It is noteworthy that, these same IBAs have, in other climes like Australia and Canada, been utilised as a sustainable and enforceable mechanism for sharing benefits to, and engendering peace in their Host Communities.

IBAs have been described as, formal contractual agreements between mining companies and local communities, that ‘outline the impacts of the project, the commitment and responsibilities of both parties, and how the associated Host Community will share in the benefits of the operation, through gainful engagements and economic development’.

“LITTLE WONDER, THEREFORE, THAT MEMBERS OF THE BODO COMMUNITY IN OGONI LAND, WHO FILED A LAWSUIT AGAINST THE SHELL PETROLEUM DEVELOPMENT COMPANY IN A LONDON HIGH COURT IN MARCH 2012, FOR AN OIL SPILL, RECEIVED A WHOPPING £55,000,000, ABOUT N16 BILLION, AS OUT-OF-COURT SETTLEMENT AND COMPENSATION FROM THE COMPANY, IN 2015”

Enforcement of PAP and IBA On June 11, 2018, THISDAY Newspapers reported that the Acting Director, Defence Information, Brig.-Gen. John Agim, stated that, “troops in the oil-rich Niger Delta region will remain deployed to take care of unforeseen developments”. Adding that, “the presence of troops gives confidence to investors and businesses, to remain in operation”. Welcome to Nigeria. With no intention of sounding academic, that, to say the least, is an unsustainable peace enhancing project. An IBA, on the other hand, being an agreement, is a quid pro quo (reciprocation mechanism), that places duties and obligations on both the Company and the Community, alongside grievance resolution clauses and penalties for breach.

The legal basis of IBAs Perhaps, the first step needed to guarantee peace in the Niger Delta, is the recognition of the rights of the inhabitants of the Host Communities as ensconced in the copious provisions of the Nigerian Constitution and the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). That Declaration ‘was adopted by the General Assembly on Thursday, September 13, 2007, by a majority of 144 States in favour, 4 votes against (Australia, Canada, New Zealand and the United States) and 11 abstentions, which included Nigeria. It is quite instructive that, though ‘the four countries that voted against the Declaration have reversed their position and now support the Declaration,’ Nigeria, in contrast, is yet to change her position’.

Nigeria, her Indigenous People and FPIC The Nigerian situation is probably hydra headed, and may thus, make this article appear academic. Nevertheless, does the abstention of Nigeria from voting for or against the adoption of the UNDRIP, preclude her from abiding with its provisions? I think not.

It is worthy of note that, Article 10 of the Declaration, requires States (Countries), ‘to obtain the FREE and INFORMED consent of the indigenous people, PRIOR to the approval of any project affecting their lands and resources’.

That requirement for Free, Prior and Informed Consent (FPIC), form the legal basis for internationally recognised IBAs. More so, because FPIC has been described repeatedly as a “right” by almost all the bodies of the UN, and it is internationally enforced as such.

In addition, the UN published guidelines on FPIC stipulates that, ‘International Law has now recognised that FPIC is a legal norm, imposing clear affirmative duties and obligations on States’. Little wonder, therefore, that members of the Bodo Community in Ogoni land, who filed a lawsuit against the Shell Petroleum Development Company in a London High Court in March 2012, for an oil spill, received a whopping £55,000,000, about N16 billion, as out-of-court settlement and compensation from the company, in 2015.

There might be many more cases, to follow.

With such an overwhelming international endorsement of FPIC, the Nigerian Government is hereby advised, to take a second look at recognising the FPIC right of the indigenes of the Niger Delta, as both a peace enhancing mechanism, and a key to opening the door to IBAs. In the paraphrased words of Brad Armstrong, a Canada based QC, ‘before making decisions which may impact indigenous rights and interests in land, Government must meet legal requirements for consultation, and thus, respect Host Communities rights and interests. In addition, IOCs on the other hand, seeking positive Government decisions that will enable their projects and activities to proceed, should assist the process, and thus, influence the outcome, by seeking to reach cooperation and IBAs with the appropriate Host Communities’.

President Buhari and the UN The purport of this article became more topical, when on Tuesday September 11, 2018, the Minister of Foreign Affairs, Geoffrey Onyema, disclosed that President Buhari will be speaking at the 73rd United Nations General Assembly (UNGA) in New York on September 18, 2018. He said further that, the President would use the opportunity to canvass for a permanent seat on the Security Council of the UN, and for a Nigerian to emerge as the President of the GA. Most co-incidentally, not only is the FPIC principle or right an enactment of the GA, the theme of the general debate at the UNGA last year was, “Making the United Nations Relevant to All People: Global Leadership and Shared Responsibilities for Peaceful, Equitable and Sustainable Societies”.

Questions Begging for Answers Is Nigeria ready to make the principles of the UN, like the FPIC, relevant to her people based in the Niger Delta? Are we ready as a Nation, to provide ‘Global Leadership and Shared Responsibilities for Peaceful, Equitable and Sustainable Societies,’? Is Nigeria ready to preside over the UNGA, while refusing to endorse one of its most universally acknowledged principles? Can we seek equity without being equitable?

In conclusion, it is submitted that, President Buhari should be advised that, he has the opportunity to make history by directing the ratification and adoption of the FPIC principle, and thus, pave the way for a global and wholesale adoption of IBAs, to usher in a sustainable regime of peaceful enjoyment of equitably shared benefits in the Niger Delta.

The PAP, which requires militarisation of the zone to fuel its efficiency, cannot achieve that ideal, and should be laid to rest.

Adegoke Oshunniyi Esq., Legal Practitioner, Managing Partner, Keystone Attorneys, Lagos

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T H I S D AY ˾ Ͱͱ˜ 2019

BUSINESSWORLD R A T E S MONEY MARKET OVERNIGHT OBB

A S

A T

REPO 10.57 % 9.86%

CALL 1-MONTH 3-MONTH

10% 12.75% 12.88%

A P R I L 1 9 , S & P INDEX INDEX LEVEL 1-DAY MONTH-TO-DATE

386.54% -0.08% -0.01%

Group Business Editor Obinna Chima

Email obinna.chima@thisdaylive.com 08152447875

2 0 1 9 S & P INDEX 1/4 TO DATE YEAR TO DATE

-0.01% 8.28%

EXCHANGE RATE N306.95/1US DOLLAR* ̩

Quick Takes Terminal3 Opens Shop in Lagos

COURTESY VISIT

L-R: Chief Security Officer, Keystone Bank, Mr Clement Ezeifedikwa; Divisional Head, Marketing & Corporate Communications, Mrs Omobolanle Osotule; Acting MD/CEO, Mr. Abubakar Danlami Sule; Lagos State Commissioner of Police, Mr. Zubairu Muazu and Divisional Head, Corporate Services, Keystone Bank, Ms Olayemi Sule, during a courtesy visit to Lagos Police Command by the bank…recently

Kachikwu: NNPC Unlikely to Become Profitable with Huge Under Recovery Cost Stories by Chineme Okafor in Abuja The Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, has said that Nigeria’s continuous subsidising of petrol consumption means the Nigerian National Petroleum Corporation (NNPC) will remain unprofitable in for a long time.

Kachikwu, also disclosed that the country’s plan to exit importation of petrol by the end of 2019, was no longer feasible, stating that all the projected measures to achieve this are now off the mark.

Speaking recently on a Channels Televison programme – Hard Copy, the minister noted that with huge petrol under-recovery in the books of the NNPC, it would be difficult for the corporation to record any profit.

“It is going to be very difficult. Let me say that first, we

ENERGY faced this same problem when I resumed in 2015. We had accumulated over N1 trillion in subsidy – back arrears to be paid. And, as an ongoing current business model, one of the first things I did was to seek for ways to take away subsidy.

“Firstly, through efficiency and contract review, we reduced the amount that was spent every month on subsidy to about N300 million, but then it still didn’t take it away and we went on to the fuel price increase to take away the subsidy element which usually arises when you have differences in landing costs and we began to have over recovery in May of 2016 all the way to late 2016 and price increase happened in 2017.

“As soon as prices went up, NNPC went into underrecovery. But can you keep

them profitable while they are doing under-recovery? It is going to be a tall order. There is a N40 margin as it were in terms of under-recovery for each litre of petrol that we sell,” Kachikwu, explained in response to a question on the issue.

Speaking on the country’s dilapidated refineries, and how plans to leverage them to exit petrol importation failed, he stated: “I think that if there is one area where I feel sad, it is certainly the refineries because there is a huge gulf between my expectations and the pronouncements that I had made in terms of where I’d like to be and what we have been able to achieve.

“The reality is that today, we are still below - probably 15 per cent utilisation of those refineries because they need to be maintained and worked.

Completely refurbished, the last Turn Around Maintenance

(TEM) was close to 10 years ago and they had question marks.”

Asked if the refineries would be fixed in 2019, to enable the country move away from petrol importation, he said: “There is absolutely no way in 2019, given the fact that up till now, no contractual terms have been reached by the NNPC and potential investors that they are going to have refineries all ready to get to 90 per cent capacity nameplate in 2019 and for us to exit complete importation of petroleum products.”

He suggested: “I think all you can achieve now is hopefully find a financing model; hopefully continue to do what we are doing which is to encourage and work with Dangote to move full blast and quicken the pace of delivery. Begin to work on Continued on page 24

FG Targets Improved Electricity Supply with Fresh $200m Support Fund The federal government has said about 500,000 people without electricity in Nigeria would be able to have access to power in no distant time as it plans to spend about $200 million on providing electricity for about 105,000 households.

The initiative is in continuation of its rural electrification plans.

A weekly roundup of developments in the country’s power sector by the Ministry of Power, Works and Housing, quoted the Minister of Finance, Zainab Ahmed, to have stated this recently in Abuja, at the Federal Executive Council (FEC).

FEC had approved a financial support worth $200 million from two multilateral institutions for the project.

Ahmed, explained that$150

ENERGY million would come from the African Development Bank (AfDB), to be spent specifically on rural electrification projects while another $50 million would come from Africa Grow Together Fund for other electrification projects.

With the funds, she noted that maximum power that would be generated would be 76.5 megawatts (MW) installed generating capacity, mostly from solar.

She added that FEC approved the request to obtain the $150 million AfDB loan to finance the country’s rural electrification project, adding that other funds to execute power transmission projects in the country were also approved by FEC.

“Council approved three memos for ministry of finance. First, it approved a $150 million loan facility from AfDB and $50 million loan from African Grow Together Fund to finance the Nigerian electrification project. The project is a nationwide initiative to be implemented by the Rural Electrification Agency,” said Ahmed in the ministry’s report.

She noted: “The project aligns with the strategy of the federal government on electrification of rural communities. The project has four components: First is solar hybrid mini-grid for rural economic development; the second is productive appliances equipment for off-grid communities, and the third is energising

education while the fourth component is institutional capacity building.

“The impact of the project when fully implemented, about 500,000 people will be able to have access to electricity for about 105,000 households. The maximum power that will be generated will be 76.5 megawatts installed generating capacity.

“Eight universities will benefit from this scheme and about 20,000 small, micro, medium enterprises across different communities in the nation,” the minister stated.

According to her: “The second approval is the North Core Dorsal Regional Transmission Project. This is a project that is part of the pipeline for the West Continued on page 24

Anewquickservicerestaurant(QSR),Terminal3,hasbegunoperation in Lagos with an outlet in Ogudu, Lagos. The launch of the restaurant was in line with its desire to offer customers an extraordinary dining and relaxation experience.

Terminal 3 encompasses a quick service restaurant, casual dining restaurant and Lounge.

The firm stated that the three-in-one restaurant was set to embark on an enterprising drive to deliver superior customer experience by redefining QSR in Nigeria.

Speaking at the launch, the Chief Executive Officer, Bunmi Ajisafe, stated that the Nigerian QSR industry was dynamic, which was why the restaurant would be competing through innovation.

Inherwords,“weareproudandexcitedtoopenouroutletinabusyarea like Ogudu and we are confident in our ability toprovide our customers a fresh experience. Beyond our array of culinary delights, we offer a more contemporary environment that is welcoming and comfortable for everyone.”

She added that the brand remains optimistic about its operations and will continue to position itself for upward growth in the industry whilst giving customers the kind of experience they require.

Oneofthenotabledignitariespresentattheevent,SenatorOpeyemi Bamidele, who officially declared the restaurant open, also reaffirmed the uniqueness of the restaurant whilst reiterating the need for the management to ensure the current standard is maintained.

Shoprite Wins Award

Shoprite Nigeria has won the Cashless Driver Award in the category Non–Bank Payment at the 2019 edition of the Central Bank of Nigeria (CBN)ElectronicPaymentIncentiveScheme(EPIS)EfficiencyAwards.

Now in its fourth year, the 2019 awards, recently held in Lagos, was based on objective analysis of all E-payments data collated by the Nigeria Inter-Bank Settlement System (NIBSS) over a full calendar year. According to the NIBSS, the annual award puts into consideration electronic payment transactions data rendered to CBN by banks and other licenced payments service providers as well as public voting and surveys administered to industry stakeholders for transactions within the year under review.

Shoprite was the only retailer to win at this year’s ceremony as it recorded the highest volume of cashless transactions in 2018. The award was a recognition of the retailers painstaking drive to meet and exceed the expectations of its customers, according to a statement.

“As technology continues to evolve it has also changed customer shopping habits and the way people buy their groceries, this is why our teams are constantly working hard to bring new convenient shopping experiences to customers and we are delighted to be the first grocery retailer in Nigeria to have won this award.” The company’s Finance Manager, Olayinka Olaniyi said.

FUPRE to Develop Micro Refinery

The Federal University of Petroleum Resources (FUPRE), Efurun, Delta State, plan to embark on the development of a 12.5 barrel per day micro refinery this year. Vice Chancellor of FUPRE, Prof. A. O. Akii Ibhadode, disclosed this at a 2019 pre-convocation briefing. He said the micro-refinery project was being sponsored by Don Mac Limited with a donation of N10 million work station for the project.

He also disclosed that FUPRE has also received a grant of £140,000 from Royal Academy of Engineering under Higher Education Partnerships in Sub-Saharan Africa (HEP-SSA) for the project of “Biogas for Sustainable Energy and Off-Grid power.” Ibhadode said the institution hasrecordedseveralachievementssinceitwascreatedandcommended President Muhammadu Buhari for signing the FUPRE Act. He said 735 would be graduating from the school next weekend and that from this lots, 642 will bag first degree while 93 are in the postgraduate Diploma category.TheVice Chancellor disclosed that three eminent Nigerians would be awarded honorary degrees. They are Dr. Ambrosie Bryant Chukwueloka Orjiakor, Chairman, Seplat Petroleum Development Company Plc; Mr. Abiola Oyedotun, Managing Director/ CEO Banco Serengeti Limited and Hon. Ned Nwoko, Managing Partner, Nwoko and Nwoko Solicitors.

“We need to ensure that we have good quality loans. If you create good quality loans, you are not going to have an adverse effect of IFRS 9. So, that is the panacea to ensure that you don’t incur the wrath of IFRS 9. So, discipline, corporate governance and ensuring that you book quality loans are very important”

MD/CEO,Wema Bank Plc,,

Mr. Ademola Adebise

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BUSINESSWORLD KACHIKWU: NNPC UNLIKELY TO BECOME PROFITABLE WITH HUGE UNDER RECOVERY COST

model; hopefully continue to do what we are doing which is to encourage and work with Dangote to move full blast and quicken the pace of delivery. Begin to work on modular refineries to try and support in a very minimal way.”

Kachikwu, maintained that finding private sector financing was the best sources of funds to fix the refineries, “because public sector money doesn’t exist in terms of refineries.”

He also questioned Nigeria’s petrol consumption figures which is about 56 million litres per day as recently stated by the Petroleum Products Pricing and Regulatory Agency (PPPRA), saying: “I am questioning them, and I am questioning them through science. We have just gotten the DPR to install trackers that are able to track products coming into the country for the first time, and maybe in a matter of two months we will be able to say what the volumes are.”

FG TARGETS IMPROVED ELECTRICITY SUPPLY WITH FRESH $200M SUPPORT FUND

Africa Power Pool priority projects. The intention is for the creation of a regional power pool in the region of West Africa. The pool project aims to connect Nigeria, Niger, Benin Republic, Togo, and Burkina Faso with a high voltage 330 kilowatts transmission line, to facilitate energy trade among participants.

“The project is in the total sum of $640 million, out of which each of the four countries involved has a component. Nigeria has the smallest component in this pact, which is a total loan of $27.3 million IADE facility, a concessionary loan. This is a loan that the four countries are taking together; the other three countries have concluded theirs. So, this is one of the final stages for Nigeria to conclude its process.”

NEWS

Economists Back Call to Remove Fuel Subsidy Chineme Okafor in Abuja The Nigerian Association of Energy Economists (NAEE) has expressed its support for the recent call on Nigeria by the International Monetary Fund (IMF), to end the practice of petrol subsidy.

The association argued that fuel subsidy only benefits the elites in the country.

The NAEE also stated that Nigeria’s continuous structuring of its national budget around oil prices and production benchmarks were inimical to economic development, adding that as long as the country has no control over global oil price movements, budgeting with such benchmarks would remain unstable.

Speaking to journalists in Abuja at the annual conference of the association, NAEE’s outgoing President, Prof. Wumi Iledare, explained that Nigeria cannot continue with the practice of subsiding petrol.

Iledare maintained that the practice was wasteful and often done to the detriment of other key sectors of the country such as infrastructure, health and education. He claimed Nigeria’s petrol subsidy expenditure in 2018 was way more than what was budgeted for education, health and defence in the same year.

According to him: “The benefits of petroleum subsidy is far less than the cost of petroleum subsidy. Anytime a government has a policy, there is need for it to be reviewed to see whether the benefits that come from the policy is more than the cost, and all you need to do is look around: the roads are bad, schools are bad, hospitals and infrastructure are bad or

not there.

“I have not added it together but do a check, when you look at the budget for health, education and defence (they) are not up to the petroleum subsidy in 2018.

Is it not time for the government to look at it?”

While the IMF recently advised Nigeria to stop subsidy on petrol, the World Bank had earlier in a report disclosed that within the past year, Nigeria spent N731 billion subsiding petrol consumption. The report had also stated that most of the petrol volume Nigeria spent money subsidising in 2018 were inflated as daily consumption rose to 54 million litres per day (ml/d) from 40ml/d in 2017, ostensibly due partly to

out-smuggling to neighbouring countries.

Iledare, however buttressed this saying: “Do you know what a litre of petrol is in Ghana? It is one dollar equivalent, and you have porous countries around you (Nigeria) which you are not even protecting. “And, you don’t even have the actual amount of petrol because you are subsiding what you bring in and not what you actually consume. Government must review this.”

He said he understood the government may be scared of a public uproar if it decides to end petrol subsidy, but urged the government to go ahead because according to him, the most recipients of the scheme

were elites that could afford petrol at market-based prices.

“I understand the social unrest is scary but it will be for a while especially if there is enough public education on the subsidy. We are losing the capacity that we have because we are actually giving the elites who are capable of paying for their petrol to drive their car, at a giveaway price,” added Iledare. On structuring the national budget around oil price benchmarks, he explained that the combination of pricing and production volumes to calculate the oil revenue expected to fund the budget was wrong and unwise.

“One of it, which is price is highly unstable and that means

you base your budget over the year on a price that in three months will change and that is why you see every year we scramble. We have budgeted on price that we have no control.

“Government sources of revenue for project in any part of the world is taxation, and that means paying your taxes demonstrates you are a citizen.

Government has no other source of money except taxes and when they want to invest, they take dividends, but the moment you start taking your money from the gross revenue that you have without thinking about putting something back to build the equity is when you have depleted reserves,” he explained.

REWARDING CUSTOMER LOYALTY

LL-R: Head, Consumer Liability Product, Access Bank Plc, Mr. Osita Ede; winner of N1 million in DiamondXtra Season 11 Scheme, Mrs. Aderayo Kuburat Adeniyi and Executive Director, Retail Banking, Access Bank, Mr. Victor Etuokwu, at the presentation of cheques to winners in the DiamondXtra Season Eleven in Lagos...recently SUNDAY ADIGUN

Jumia Clarifies NewYork Stock Exchange Listing Nosa Alekhuogie Jumia Technologies has clarified its recent listing on the New York Stock Exchange (NYSE), while assuring its global customers, Nigerians inclusive of better services to come.

According to e-Commerce company, its major drive in joining the New York Stock Exchange was also to showcase the digital innovation happening in Africa.

The Chief Financial Officer, Jumia Nigeria, Ernest Eguasa, made the clarification while addressing journalists at its headquarters in Lagos recently.

He explained that the com-

pany decided to settle for the NYSE because investors have a marketplace and tech focus in New York than in any other place.

He said: “We contemplated several venues, ultimately, we met a lot of investors and New York seemed the more natural place given the number of investors familiar with the business model.

“We made a logical choice as this is the largest stock exchange in the world; many technology companies are listed on the NYSE (Alibaba, Twitter, Snap.).

“The NYSE listing shows that innovation is happening in the African continent - it shows an innovative, dynamic and modern

Africa.”

He further explained the Initial Public Offering (IPO), stating that the move was about creating more trust and raising the public profile to help with the business.

According to him, the company has been private for seven years, and “we see a lot of positive aspects to being public.”

“Raising the public profile is going to help us bring more sellers to Jumia. Many sellers or partners are yet to know about us, and once they do, we hope they will be keen to work with us.

“This IPO is all primary, and is about providing the resources to the company and not to selling

shareholders.

“We also hope this will help us build even more trust with consumers, in particular, those who are still not comfortable with e-commerce, may now see us as an established company and, we hope this will help our growth and consumer adoption,” he added.

Also, we are keeping our fingers crossed that the listing will help us with talent recruitment, retention, as we aim to attract more attention from top talents,” Eguasa added.

The CFO also noted that although the two CEOs are french, Jumia’s management and staff in most countries are largely local, including country

heads.

Speaking further, he said; “It is important to note that we directly employ more than 5,000 people in Africa and believe that our business has a significant indirect impact on job creation across the continent.

“Nigeria is our headquarters in Africa, and our incorporation in Germany, is a way to get foreign investors excited to send funds to Africa to boost our operations.”

Shedding more light on Investors, Eguasa explained that Jumia also has international shareholders, like many other companies and are bringing investors to the African tech scene and building the economy and talent there.

Group Business Editor

ICPC Commends NEPZA on Procurement Processes

Capital Market Editor

James Emejo in Abuja

Obinna Chima 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)

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has rated high the performance of the Nigeria Export Processing Zones Authority (NEPZA) in procurement activities.

The anti-corruption body scored NEPZA 12.9 out of the total available 14 points in the area of adhering to the provisions of the Bureau of Public Procurement (BPP) on issues bordering on award of contracts.

In a document titled, ‘Forwarding Report of System Study on the Nigeria Export Processing Zones Authority,’ the commission said it carried out the exercise in 2018.

The system study, which took a holistic view of all the operations of NEPZA, ranging from personnel engagement to planned activities, among others, showed that sampled contracts awarded by the agency and available documents on tender, pre-qualification process were largely in line with BPP’s provisions.

Meanwhile, NEPZA has said it is not against the establishment of the Nigeria Special Economic Zones Company (NSEZCO) by the Federal Executive Council.

The agency said it should be made a shareholder and appointed to the Board of the company to represent the interest of the Federal Government as obtainable in other sectors.

NEPZA, which stated this during a presentation to the joint committee of the National Assembly, made reference to the Liquefied Natural Gas (LNG) company where the Nigerian

National Petroleum Corporation (NNPC) is the Federal Government’s representative.

The joint committee of the National Assembly looking into the issue of NSEZCO is made up of the Senate Committee on Appropriation, Senate Committee on Trade and Investment, House of Representatives Committee on Appropriation and Committee on Commerce.

NEPZA, in a statement said it was in full support of the initiative of the President Muhammadu Buhari on the

Special Economic Zones but only insisted on doing so through due process, transparency and by following the law, as the Act setting up the agency allows and permits it to carry out the same activities that NSEZCO is being set up to do.

The setting up of NSEZCO as a private firm (with partly government ownership) to manage some trade zones in the country had generated controversy, with the Senate recently rejecting the N15.63 billion allocated to the company in the 2019 budget.

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BUSINESSWORLD

ENERGY

Crude Theft: DPR’s Tracking System to the Rescue TheNationalProductionMonitoringSystemrecentlydeployedbytheDepartmentofPetroleum Resources as an accounting solution for crude oil and gas is expected to engender transparency, curbcrudeoiltheftandalsohelpthecountryascertainitsdailyproduction,EjioforAlike reports

Ladan A major challenge facing Nigeria’s oil and gas industry is crude theft, which has led to loss of billions of dollars annually by both the producing companies and the federal government.

In 2013, the then Minister of Finance and Coordinating Minister for the Economy, Dr. Ngozi Okonjo- Iweala, had told journalists at the Spring Meeting of the World Bank and the International Monetary Fund (IMF) in Washington DC, United States, that the federal government was losing $1 billion monthly to crude oil theft, translating to a loss of $12 billion yearly.

The Nigeria Natural Resource Charter (NNRC) had also estimated that the country lost N1.6 trillion in 2016 and N995 billion in 2017 to crude oil theft, translating to a loss of about $8.9 million daily and a combined loss of N2.6 trillion over the two-year period.

To the administration of President Muhammadu Buhari, 250,000 barrels of crude oil is stolen in the country daily.

The pioneer Chairman of the Economic and Financial Crimes Commission (EFCC), Malam Nuhu Ribadu, once declared that $9 billion was lost each year to oil theft.

However, with the National Production Monitoring System (NPMS), developed by the Department of Petroleum Resources (DPR) as a crude oil and gas accounting solution, there are strong indications that the country would soon block all the leakages in oil and gas operations.

Under the NPMS, export facility portal is used

by DPR staff deployed to the export terminals to submit terminal (daily stock) and lifting reports Certificates of Quantity generation to the NPMS Server located at DPR headquarters, while the field operator portal is used by the operators to submit daily, weekly and monthly production reports from their wells/ fields/ platforms to the NPMS server.

Lastly, NPMS real time is used to monitor tank level, production and export oil and gas data at export terminals real time.

So, with the NPMS, crude oil and gas production is accounted for up to the point of export.

However, NPMS doesn’t account for oil and

Kachikwu gas beyond the point of export.

In addition, the DPR has also developed Crude Oil and LNG Tracking (COLT) to compliment the NPMS by accounting for crude oil and LNG (Liquefied Natural Gas) from the point of export up to the final destination real time.

According to the apex regulator of Nigeria’s oil and gas sector, “the solution uses multi -layered satellite feeds and government databases with special algorithms to provide intelligence around cargo movement.”

“This was achieved using Automatic Identification System (AIS) to track marine vessels worldwide with innovative proprietary software which can scan, clean and structure data from port authorities, ship agents, custom websites or brokers ports. The system uses draught levels, berthing lengths, to uncover volumes and flows to high precision, discharges, partial cargoes, c0-loads and report activities.

“The technology demonstrated the ability to showcase historical database report of Nigerian crude oil/LNG cargoes/vessel activities for the past five years by describing the loading, cargo details, ship details, destinations (country/ continent), discharges and trade activities as well as tracking and identifying “rogue” or “dark” ships on the real time map. This will further assist in arresting the crude oil diversion challenges being faced in the oil and gas sector.”

COLT compliments the NPMS, which is

It also ensures that all crude oil and LNG vessels leaving the shores of Nigeria are being tracked real time. This is to prevent diversion and ensure that no vessel illegally lifts cargo, thereby defrauding the nation

used for crude oil and gas accounting from production up to the point of export.

It also ensures that all crude oil and LNG vessels leaving the shores of Nigeria are being tracked real time. This is to prevent diversion and ensure that no vessel illegally lifts cargo, thereby defrauding the nation; and consignments get to the approved consignees.

COLT also generates reports including but not limited to: historical crude movement data for the past five years; crude and LNG movement in terms of destination by country; crude and LNG movement in terms of destination by continent; crude and LNG movement in terms of volume by country; crude and LNG movement in terms of volume by continent, and the cumulative production by contract area.

Ministerial Endorsement Following the introduction of the programme to the Minister of State for Petroleum Resources, Dr. Ibe Kachikwu, in late 2018, an elated minister charged the regulatory authority to expand the scope of COLT to: “track petroleum products importation to ensure all consignments meant for the nation are fully discharged, thereby preventing diversion; constitute data analysis and forensic team to monitor the all the generated data, come up with reports and observe anomalies so that erring stakeholders can be sanction and serve as a deterrent to others.”

Based on the directives by the minister, the COLT data analysis and forensic team was constituted, and trained with the terms of reference, “to track crude and LNG to final destination; track petroleum products importation; surveillance on all vessels carrying products”; among others.

Speaking during the launch of the programme early this year, the Director of DPR, Mr. Mordecai Danteni Baba Ladan, said with the initiative, the country would be able to account for every molecule of Hydrocarbon leaving the country.

“Following the Honourable Minister’s pronouncement, we in DPR felt challenged and immediately went to work as to finding an excellent and proven system of tracking every vessel and volume of crude oil leaving Nigeria to the spot markets and other parts of the world.

“After a pain-staking search, a Proof of Concept (POF) was successfully carried out by our consultant Anchor Specialist in collaboraton with KPLER SAS, a company that specialises in using multi-layered satellite feeds and government data-bases with special algorithms to provide intelligence around cargo movement.

This was achieved using Automatic Identification System (AIS) to track Maritime Vessels (that is, Ocean going vessels) carrying commodities, knowing exactly how much volume is being shipped across the globe and by whom in Real-Time. The seaborne flows are analysed cargo by cargo revealing hidden patterns and trends in the market which could otherwise go unnoticed,” he explained.

“It is with deep sense of satisfaction that I inform all Nigerians and the whole world that every molecule of crude oil produced in Nigeria, the quantity loaded is known and tracked to final destination including stopovers with applicable discharges. Similarly, information on imported cargos into Nigeria can also be accessed in real time,” he added.

Milestones The project has promoted transparency in the whole oil and gas chain, as the production, tank levels and figures captured by the NPMS system is further corroborated by the Crude Oil and LNG Tracking solution, all in real time.

Furthermore, the integration is seamless and further requests/inclusions can be added.

The COLT solution has also helped DPR to further do comparative analysis on crude oil and LNG production and export. This has improved report efficiency and accuracy.

Reports generated have also armed the regulatory agency to further give policy advise to other government establishments such as patronage trends of Nigeria’s resources by countries and continents for further diplomatic engagements where necessary.

The minister will though the reports generated from COLT and NPMS be further equipped to make informed decisions on policy and penalties.

Also, the collaboration with security agencies has assisted in enhancing surveillance and enforcement of sanctions.

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Aduwo: Rising Debts Should Be Concern to States, FG The President/Chief Executive Officer of Centre for Convention on Democratic on Democratic Integrity, Mr. Olufemi Aduwo, in this interview speaks on the need to sustain industrial growth in Ogun State. Jonathan Eze presents the excerpts: every month, but when you look at Lagos State, it has about 81 slums, go to Ijora Badiya, Oko Oba and some other areas in Lagos and see slums, you will see people living below animal standards. But despite the huge revenue generation by the state, you will not see the impact on Lagos residents. But for Ogun State, I make bold to say the incoming Governor will be commissioning projects in the state, because of the massive infrastructural projects the outgoing governor embarked upon. The United Nations last year, recognised Ogun State as one of the few states that established the Ministry of Forestry. When you talk about SDGs, most of its goals are around climate control, change and effects. So if you have a Ministry of Forestry, it takes charge of deforestation, mitigation against climate change. Remember, when the President of France came to Nigeria, he signed an agreement with the state, private sector and the federal government to plant trees in Aworo. Aworo is one of the forest reserve in Ogun State.

You need peace and security for all these to thrive and you can see over the years, some of the things the governor is doing in the state revolves around the objectives of SDGs and without peace and security, there is no way you can attract investments and today you will see the number of people coming into the state is increasing. Some of these governors have tried, but because of the concentration and how this money is being raised and you can imagine if Ogun State government is getting all the tax that those companies in the state generates, it could have been generating more money than Lagos. This is a serious issue because we may not have the opportunity of debt forgiveness again, because they know we borrow for consumption. There is no nation in the world that borrows for consumption and get out of that mess and in Nigeria, we do not know what we are borrowing for.

Some states are borrowing to pay salaries and when you do this, it is a serious issue of concern.

You have always been concerned about the debt situation in states and the federal governments and I am also aware your organisation raised an issue concerning debt crisis in the last World Bank/IMF meetings in Washington. What was it about?

Many years ago, I wrote an article about debt forgiveness and I said the issue of debt forgiveness might not be the end of the matter and as you can see, my words are justified. It was published by THISDAY then and culled by many magazines across the world and I said even though our debts have been forgiven, where we are currently, we are already in a bad debt situation again and what we are now asking them is for government to let us know what we are borrowing for in the first place. The era of borrowing money from the World Bank and sharing it among themselves should be a thing of the past. The stakeholders must be involved to know why these monies must be borrowed. For example, almost all the 36 states are indebted with nothing to show for it in terms of projects and infrastructure. It is not a crime to take loan locally or internationally, but what do you do with the loan? I can tell you today that from our records as a monitoring group, Ogun State is leading in terms of infrastructure. The incumbent governor embarked on massive projects that have made living easier for the people, the bridges, the roads constructed and most important is the conducive business environment and that is why companies relocated to the state and are still relocating. And I want to make this very clear, the incoming governor of Ogun State must sustain the current growth and development in the state.

Considering the high cost of debt service in the country, what can civil society do to monitor all these expenditure?

Three years ago, we told the World Bank that it is right time for civil society and stakeholders to be involved on how loans are being given and what we spend it on. The era of our leaders going to borrow money with nothing to show for it should be a thing of the past and with a population of about 200 million we cannot say our debts are too much because Dubai with population of about 3.7 million is owing about $139 billion, but the difference is what do we borrow for.

Dubai borrows for investment and they still want to borrow more, but we borrow for consumption. I am also warning that this Chinese loans we are borrowing is another way into slavery. For instance, the Chinese are planning to take over the Zambia airport.

And this idea of 60-40 Chinese arrangement is dangerous, for example if we borrow to build a road, it can be tolled so that in the next five years, it would have recouped the loan borrowed. I think the government should

Aduwo look inwards and engage the private sector more in its engagements. The Governor of Lagos State, Akinwumi Ambode said he has not borrowed in four years, but he has been servicing debts, even the World Bank are now raising alarms that Nigeria lacks the capacity to service the loans and not to talk of repaying. If you cannot service your loan, the Paris Club and others will bring in IMF to come in with conditions and this where it is very punitive to people. That is because if the IMF brings in their condition, they would say so many things will have to change. Everybody wants to borrow from the World Bank and its interest rate is 0.5 or 1 per cent which is less than 5 per cent as against Nigerian banks with double digit interest, so everybody wants to borrow from the World Bank. During Tinubu’s government, he got

money from World Bank to provide water in Lagos, but where is the water? When we were growing up in Lagos, you would see water flowing everywhere across the streets of Lagos, but where are they today. These are the issues we should be questioning and that is why the civil society must engage the World Bank, IMF and the government to ask what we are borrowing for, so these are the issues and we should get involved.

Most of the debts are not commensurate to the infrastructure on ground virtually in many states. What can be done to ensure transparency?

When you see some of these high debt profile states, majority of them are the ones that gets more money, for example look at Lagos State generating close to N34 billion

How can Ogun State ensure it economy is viable?

What we have on ground must be sustained and you know government is a continuum.

If you take government property as your property regardless of what the previous government had mismanaged resources to sustain it, yours is to be prudent and then make sure we get to the promise land. Look at Apapa Badagry road, when Fashola started the road, the whole world told him the road belongs to the federal government and also a road that leads into the ECOWAS country, today that road has been destroyed and the state is yet to get constructional powers to fix that road. We need to have a mechanism in place where people cannot just start and abandon projects.

Farmcrowdy Partners Firm to Empower Small Holder Farmers Jonathan Eze Farmcrowdy Group subsidiary company, Farmgate Africa, has partnered Livestock 247. com to empower small holder farmers in the country.

The co-founder and Managing Director, Farmgate Africa, Kenneth Obiajulu, said the partnership was to strengthen Farmgate Africa’s plans to grow the market-access for farmers and buyers, noting that the company’s goal has always been to collaborate with relevant partners in the agribusiness space to deliver value for both smallholder

farmers and major processors/ buyers. “With our livestock portfolio, we have received substantial orders from notable key accounts that require bulls which meets with specific criteria.

Our vision is a shared one with Livestock247.com, and this sees us developing the marketing together both from a production and marketing point,� he said.

According to him, the partnership between Livestock247. com, Farmgate Africa and the Farmcrowdy Group as a whole would deepen the offerings in the agricultural space in

terms of proper organization and profitable deployment of funds to key areas of production and trading. “On the production end, Farmcrowdy has partnered with Livestock247.com in piloting its first ever cattle feedlot in Adamawa State. The first phases have been quite successful and this sees the businesses scaling production to over 24,000 bulls with about 1,200 feedlot clusters in the North East, North West and Southern parts of Nigeria operating through feedlot systems. “On the trading end, Farmgate Africa has anchored

the relationship that sees Livestock247.com trading in excess of 20,000 bulls in over 10 abattoirs in Lagos for FY2019 alone,� he stated.

The Co-Founder and CEO of Livestock247.com, Ibrahim Maigari Ahmadu, said Lagos slaughters over 6000 cows a day, being the largest consuming livestock market in sub-Saharan Africa. in production, stressed that its target is to produce in excess of 24,000 bulls through 1,200 feedlot clusters in the next one year.

He said Livestock247.com provides a platform for buyers of livestock to purchase fit for

slaughter livestock from anywhere and at any time without inconveniences, saying that the platform also gives sellers of livestock a borderless reach and access to market 24/7. “The outcome of the partnership with Farmgate Africa and the Farmcrowdy Group as well, will afford potential customers the ability to buy quality, traceable and fit for slaughter livestock, empower livestock farmers through the feedlot programme, respond to the call by the Federal Government to key into the National Livestock Transformation Plan (NLTP) through intensification

of livestock production, change the narrative by providing an alternative to nomadic pastoralism which has been a source of conflicts around Nigeria, create more job opportunities and provide veterinary professionals, haulage companies, ruminant feed producers with more activities,� he said.

The Group CEO of Farmcrowdy Group, Onyeka Akumah, expressed delight at the partnership while stating that Farmgate Africa was already creating huge strides in the Cattle business with an exclusive partner like Livestock247.

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Corteva Agriscience Gives More Boost to Agric Sector Oluchi Chibuzor The federal government’s Agriculture Promotion Policy 2016-2020 document, also known as the Green Alternative aimed at achieving food security goals, import substitution, job creation, and economic diversification will receive a further boost following the official introduction of the Corteva Agriscience brand to farmers in the country.

CortevaAgriscience, which is a leader in seed technologies, crop protection, and digital Agriculture is the result of the merger between DuPont Crop

Protection, DuPont Pioneer and Dow AgroSciences.

The brand was introduced to farmers in Nigeria at the Seed Connect Conference and Expo, 2019, hosted by the National Agricultural Seeds Council (NASC) in Abuja, recently. According to the company, the development highlights its continued footprint expansion across African markets, supporting its commitment to serving agricultural sector optimisation by providing the best insights, products, and technology to farmers and a market that is under-served.

Commenting, President of

Corteva Agriscience, Africa Middle East, Prabdeep Bajwa, said: “Nigeria’s abundant resources are a great foundation on which to build a sustainable agricultural sector. “I believe the utilisation of technological innovations can help overcome local challenges.

We are committed to ensuring that Corteva Agriscience is an enabling collaborator for the Nigerian agricultural sector.�

Also speaking, the Commercial Director of Corteva Agriscience, North West, West, and Central Africa commercial area, Alain Pescay, said: “We

Transcorp Hilton Appoints Seimodei Director of Operations The Transcorp Hilton Abuja has announced the promotion of Ebikaboere Seimodei to the position of Director of Operations.

Until her promotion, Ebi was the hotel’s Operations Manager.

A statement explained that she becomes the first Nigerian national to occupy the position of Director of Operations.

She is expected to lead the Operations Team of the 670-room hotel to deliver consistent quality service.

She started her hospitality career over 25 years ago when she joined Transcorp Hilton Abuja as a Reservations Sales Agent on the National Youth

Service Corps Program.

She rose through the ranks and held several positions including Reservations Manager, Front Office Manager, Quality Manager and Operations Manager.

A graduate of Sociology from the University of Jos, Seimodei has been on various Hilton leadership programs. The Kaizen Institute of Africa also certified her as a Kaizen Manager. The hotel also announced the appointment of Janet Dakim as the Director of Group Conference & Events.

According to the statement, Dakim was most recently the hotel’s group conference and

events manager.

Dakim joined Transcorp Hilton Abuja over 20 years ago and she has held various positions in Human Resources, Sales and Group, Conference & Events. A graduate of Federal Polytechnic Idah, Janet has been on various leadership programs including Proactive Leadership course and GC&E Managers Induction. “We are delighted about these appointments as this once again reinforces our commitment good Corporate Governance by our belief in diversity and inclusion,� the MD/CEO, Transcorp Hotels Plc, Mrs. Owen Omogiafo said.

are committed to supporting the Nigeria government in advancing its agriculture sector—the critical foundation of any successful economy and country. “We can’t do this alone and collaboration is central to what we do in Nigeria. We bring our vast diversity of resources, knowledge, and experience to support our mutual goals.�

The agricultural sector in Nigeria is vital to the overall economy, as it is only second to oil as the leading contributor to the GDP. The Nigerian farming sector employs around 70 per cent of the population and the

country’s small farms produce 80 per cent of the total food, while 33 per cent of Nigerian land is under cultivation for this purpose. Nigeria is one of the leading African countries in farming based on levels of productivity and profitability.

And experts said with the commitment of Corteva Agriscience, the country would achieve more in agriculture.

Corteva Agriscience already has presence in Nigeria through its Pioneer brandseeds, crop protection solutions as well as collaboration with Flour Mills of Nigeria Plc to develop maize

hybrid seed in Nigeria. Other Corteva Agriscience projects in Nigeria include collaborating with several non-government organisations (NGOs) on the bid for a new $60 million USAID West Africa trade hub, engaging with USAID to develop a concept for a new Global Development Alliance (GDA) related to smallholder farmers, as well as collaborating with USAID and Cultivating New Frontiers in Agriculture (CNFA) in Nigeria to advance demo plots and extension services through the USAID maize value chain project

Flour Millers Empowers Bakers Jonathan Eze The Flour Milling Association of Nigeria (FMAN) has equipped bakers with modern day baking techniques.

The initiative was to empower bakers to move from the orthodox traditional baking methodology to the modern day methodology. The Vice Chairman, FMAN, Lanre Jaiyeola, who also doubles as the Managing Director, Honeywell Flour Mills Plc, while speaking at a baking training programme organised

by FMAN in partnership with Yaba College of Technology, stated that the volume of wheat, which is the major raw material

consumed has been relatively flat with growth rate less than five per cent.

He described baking as an art and science, pointing out the need to constantly train and retrain bakers in a bid to catch up with the latest technological advancement in that space. “We have brought together a class of about 35 participants and have taken them through various ways of handling flour.

The FMAN invested about N26 million in the acquisition of various baking equipment so that Nigerians can benefit from the wealth of knowledge of the resource people who are resident in Yaba College of Technology.

“A similar exercise is being organised in Kaduna polytechnic.

For us we see this is the least we can do in ensuring that we empower trainers, people to be self-reliant in the industry and enhancing the baking institutions in Nigeria. “We also want the art and science of baking to lead ultimately to better handling techniques of various flour brands in Nigeria,� he added. Earlier, the Dean, School of Technology, Yaba College of Technology, Peter Nwabueze, admonished the graduating students to take advantage of the programme to actualise their dreams of becoming master bakers.

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T H I S D AY ˾ TUESDAY APRIL 23, 2019

PROPERTY & ENVIRONMENT Nigeria Needs New Policy to Achieve Housing Sector Dream, Says Estate Developer For many years, Nigeria has been grappling with housing deficit for her teaming population. Several administrations have tried to address the problem, but without appreciable progress. The current APC-led administration promised it would significantly reduce the housing deficit but has not done much in that direction. A young enterprising, Abuja-based estate developer, who is the Chief Executive Officer of T-Pumpy Concept, Mr. Adealegbe Akintayo talks to Onyebuchi Ezigbo about some strategies that can be adopted by government to enable many Nigerians in the low income bracket build their own homes

A

s a housing developer, how would you assess the current situation in the housing sector in Nigeria?

First of all, housing is a basic human need. It is the first level of need similar to food and drink. People must have food to eat, water to drink and a place to call home before they can think about anything else. Therefore, it is at the centre of people’s well-being. It is clear that the mortgage finance industry in Nigeria is still in its infancy, targeting primarily high income earners and largely excluding middle and low income earners.

Now, for majority of Nigerians, mortgage finance is not an option due to the lack of a robust land tenure and financial system, and because loan repayment remain prohibitively high. It is therefore safe to say that the housing sector in Nigeria is still at the bottom of the ladder, although trying but not yet there yet.

The federal government has put forward a number of policies aimed at promoting housing development, would you say these policies are in the right direction?

President Muhammadu Buhari stated that his government would supply two million new middle-class homes in the first year of his tenure (2015), and one million new middle-class homes for every following year. This would be coupled with four million lower-income houses and homeowners by the end of his first four-year term. This was to be rolled out with longer mortgage payment structures.

However, given the myriad of economic challenges the country faced over the last two years, housing has not been high on the political agenda. There was also to be a National Infrastructure Development Bank capable of providing loans with single digit interest rates, but this has also not been implemented yet. Now, these unresolved tenure arrangements coupled with the cost of building materials, access to infrastructure, deficiency of housing finance arrangements, stringent loan conditions for mortgage banks, time to process legal documents and inadequate government housing policies are also major issues affecting housing delivery.

Therefore, one can boldly say that these policies are far from helpful as they are yet to be fully implemented.

Despite efforts by government and private sector to provide housing for the teaming population in FCT, accommodation still remains a major problem. As a key player in housing development, what suggestion will you proffer to solve the problem?

First of all, I want you to know that the problem of accommodation can never be eradicated; it can only be reduced to its barest minimum. The federal government should strengthen its partnership with local government councils, who in turn should enter into corruption-free arrangements with the private sector and non-profit organisations. Land acquisition and building approval processes should be streamlined and home ownership made easier for the low and middle-income segment, low licensing fees and low-interest credit. Overall, state governors should stop building houses for civil servants alone; they are elected to serve all, not a few.

Akintayo

It appears there is need for a change of approach to address the current housing shortage. What is your company bringing to the table in terms of innovations?

It is expected that every estate developer/ owner must continuously come up with strategic innovations as a way of remaining relevant in the business, and most importantly, see how the society can benefit from such ideas. Over time, our company has made land purchase very affordable, we even went as far as running a promo for almost half the price of our plots, for close to two months. This was done to target the low and middle-income earners.

The turnout was massive, and that will in a way, increase land ownership rate.

Your organisation is giving out 100 bags of cement, what do you want to achieve?

It is a way of encouraging massive construction, and a way of reducing housing deficits. As I explained earlier that as a developer/business oriented person, one should always come up with strategic plans or ideas. Now, these ideas may not necessarily be about making profit but about giving back to the society, affecting lives positively and thereby staying relevant in one’s field. Our company is giving out 100 bags of cement and 1000 building blocks or 40 bags of cement and 500 building blocks to clients that make full or half deposit of the cost of land, respectively. This is still another strategic way of encouraging intending subscribers. Gifts of building materials after purchase of plots go a long way in helping them kick-start their projects faster than it would have taken without the incentives. If we give hundred clients building materials, it would get them started on their projects on time, thereby developing the area rapidly, not

to mention the economic value it would add to that area. That’s what we hope to achieve amongst other things.

Many people have money to buy property but the fear of falling into wrong hands is restraining them, how would you advise Nigerians on acquiring genuine property?

The decision of buying property is one of those decisions we come across in our lives only a few times. Thus, one has to make the best out of the opportunity. Buying genuine property may sound quite simple but it is not. One has to consider many facts before making a firm commitment. First of all, you have to know what you want, be decisive. Engage an estate agent and make sure you do a proper background check on the agent you are engaging to scout for a property. Then engage a property lawyer and an estate surveyor, because it is mandatory that you collect registered copies of deed assignment, agreed/power of attorney etc (Registered title documents of the property, preferably Certificate of Occupancy or Governor’s consent etc) from the seller or his representative and hand them over to the lawyer and surveyor.

One should also ensure that he gets the registered survey and approved building plans.

How is your organisation coping with issues of land grabbers and land speculators?

The issues of land grabbing have been an age-long problem. As a landowner, you need to be sure you have the most superior title, because it is difficult to own a land in Abuja without a genuine title. This, to an extent, can put the land grabbers off your land, you can also use a method of ‘stick and carrot’ in relating with them.

How is your organisation different from other estate developers?

A real estate developer is a professional (or entrepreneur) who specialises in the act of finding and buying land, creating new buildings/designs or making improvements to existing buildings (whether houses, schools or shopping complexes). Anyone can start a career as a real estate developer, but success in this business comes from a combination of; good educational qualification, have a good understanding of the economy, the real estate market, the planning process, building construction and finance. So we are able to bring together a proficient team and manage it with credibility. Another important attribute one must possess is skill. We deal with a large number of people including investors, buyers, sellers, lenders, architects, builders, consultants, and many more. Therefore, we cannot afford not to be diplomatic and have leadership skills in order to build strong ties and get the best out of these relationships. One should also be good at problem solving. There are times we find ourselves facing dead ends along the way. So, when problems occur, we should be quick enough to solve the problems on time and even discover that there might be more than one solution.

Being creative continuously set you apart and always enables you to have an edge over your contemporaries. So you must be creative. You need to step outside the box and come up with beautiful designs, cutting-edge construction methods, new building materials and exciting offers.

When it comes to creativity we don’t rest on our oars, because we have come to realise that being creative is an important trait to staying grounded in our field.

One thing that has been working for us is the ability to spot a good opportunity and do a quick feasibility to determine its potential. Another important factor is your attitude, experience, instinct, and being able to apply the lessons learnt from both successes and failures. In all, having experience, skills and most importantly, putting clients’ interests first by working in line with our slogan ‘developer that cares’ are what makes us different from other estate developers.

What do you think the government of President Muhammadu Buhari could do urgently to address the problem of land acquisition and housing deficiency?

The major issues that continue to affect housing in Nigeria include constraints in relation to the high cost of securing and registering secured land title, poor access to finance, slow administrative procedures and high cost of land. It is well known fact that the problem of land acquisition and housing deficiency ranges from poverty/ affordable rate, ineffective housing policy.

However, the government of President Muhammadu Buhari should establish a reliable mortgage system, total implementation and review of national housing policy to ensure easy access to land, implementation of public housing projects and provision of adequate infrastructure. Also, there should be deliberate policy that gives private sector full participation. This can be actualised through Real Estate Developers Association of Nigeria (REDAN). Government could even take a step further by subsidising building materials and ensure that the cost of the houses by developers reflect the gesture.

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T H I S D AY ˾ TUESDAY APRIL 23, 2019

PROPERTY & ENVIRONMENT

Building Collapse: NIQS Wants Buhari to Establish Construction Industry Commission Bennett Oghifo President of the Nigerian Institute of Quantity Surveyors (NIQS), QS. Obafemi Onashile, has attributed increased cases of collapse of buildings in the country to defective construction laws still in use.

Onashile stated this at the Southeast zonal two-day workshop, with the theme: “Construction Industry Health and Safety Management”, held at Newton Hotels, Owerri, Imo State, recently. The event was attended by the executives and professionals in the sector from the geopolitical zone (Imo, Abia, Enugu, Anambra and Ebonyi States).

One of such defective laws, Onishile explained is the Factories Act of 1974, as amended, which he noted cannot solve modern needs in the construction industry. “The issue of collapse building is because the construction industry

and construction laws in our country, especially, the Factories Act of 1974 - 2004 are defective. That is why we are having collapse buildings.”

He said an additional way to end such incessant cases of building collapse, was for the National Assembly to expedite action and pass the bill on “Construction Industry Health and Safety” sent to the lawmakers by surveyors in the country, adding that the president should subsequently assent to it.

Onashile, urged President Muhammadu Buhari to, as a matter of necessity, establish Construction Industry Board (CIB), which will comprise experienced professionals in the building industry to ensure decisions and implementation of related issues are carried out.

“We have told President Buhari that we need to have Construction Industry Board.

It will form part of the approach towards solving

this problem. We have MoU with relevant ministries and departments. That is the last threshold of it. By the grace of God, that will come to pass very soon,” he said.

As a matter of seriousness, he cautioned that professionals in different aspects of the building and construction industry must be engaged by the employers and developers during construction activities.

He therefore, urged participants to make good use of the opportunity of the workshop to enhance their capacities and proactiveness in the industry.

He blamed some building developers for not doing enough to halt the trend, insisting that the safety of workers must also be ensured by providing necessary facilities at any construction site in the country.

“The building developers are not carrying out proper roles that they are supposed to carry out in ensuring that

L-R: President of the Nigerian Institute of Quantity Surveyors (NIQS), QS Obafemi Onashile, FNIQS, presenting an award plaque to a resource person, QS Ahmad Kabir, FNIQS at the workshop on Construction Industry Health and Safety Management held in Owerri, Imo State... recently

competent professionals are engaged,” he insisted.

He said, “That is why the NIQS is calling for updating of the Health and Safety laws concerning

construction industry. We have put this up as a bill to the National Assembly through the President as an Executive bill. If passed into law, the due roles of the

professional contractors spelt out, and collapse buildings a thing of the past.”

He also said the message should be carried to all the states of the federation.

FG’s Road Trust Fund Policy Begins with Reconstruction of N73bn Apapa-Ojota Concrete Road Bennett Oghifo The first project that would apply the federal government’s Road Trust Fund Policy has started with the reconstruction

of the N73 billion, 32-kilometre Apapa-Oshodi-OworonshokiOjota in Lagos begins.

The plan is to reconstruct the Apapa-Oshodi-OworonshokiOjota expressway Section 1

Sub-section A, beginning from Olorogun Michael Ibru Boulevard (former Creek Road)end of Port Novo Bridge and Liverpool road to Coconut to Beachland Estate interchange

L-R: President, Flocho Estate Club, Chief Rotimi Aina Kusoro; Past President and Board of Trustees Member, De-Zenate Club of Nigeria, Asiwaju Abdulrassaq Ayodeji Shittu; Guest and Vice Chairman, Island Club, Mr. Deji Veracruz; President, De-Zenate Club of Nigeria, Chief. Sunday Oyekanmi Gbenjo; Past President, Elder Kunle Amosun, during the Sports week to mark the 3rd Annual Presidential night of the club, at the club house, Ipaja Lagos... recently PHOTO: KOLA OLASUPO

Constituency Projects Cost Nigeria Billions of Naira Annually, Says ICPC Chairman Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC), Professor Bolaji Owasanoye, has said that looking at the country’s budget profile, a hundred billion naira was devoted to constituency projects annually, and that these projects, if fully implemented, would have direct impact on the ordinary people.

According to a statement by the Spokesperson for the Commission, Mrs. Rasheedat A. Okoduwa, Professor

Owasanoye, said this during the recent inauguration of the Constituency Project Tracking Group (CPTG) steering committee at the ICPC headquarters in Abuja.

The steering committee members are drawn from ICPC, Civil Society Organisations (CSOs), Media and other stakeholders such as the National Institute of Quantity Surveyors (NIQS).

Speaking during the meeting, Professor Owasanoye revealed that CPTG would also look at the components

of other kinds of projects that are not constituency projects such as the Universal Basic Education Commission (UBEC) and the Tertiary Education Trust Fund (TETFUND).

The ICPC Chairman further said that CPTG would look into federal constituency projects that had been funded from years 2015 to 2018, while indicating that they would be “pragmatic” in the selection of projects which would span the six-geopolitical zones of the country.

bridge to Cele Bus Stop to Anthony Village to Old Lagos Toll Gate.

Last week, the Federal Controller of Works in Lagos, Engr. Adedamola Kuti said work would begin on Section1 Subsections A, B, D, and Sections 3 and 4 for a seamless reconstruction period and smooth flow of traffic at all times and for timely delivery of the project which is expected to be completed in 24 months.

Dangote Industries Limited, which got the job from the federal government on the Road Trust Fund Policy, has engaged Hitech Construction Company to execute it, according to Kuti.

“The Road Trust Fund Policy gives private sector operators an incentive to fund infrastructure with government. This is an innovative and laudable scheme, we are putting our money upfront,” said the President of Dangote Group, Alhaji Aliko Dangote, during the groundbreaking ceremony performed, last November, by the Minister of Power, Works and Housing, Mr. Babatunde Fashola on behalf of President Muhammadu Buhari.

“We are actually advancing our tax to government upwards of almost four to six years. This is a novel idea that will no doubt lead to rapid economic growth through significant infrastructure improvement.

We look forward to doing more of this infrastructure with government.”

Dangote lauded President Buhari for establishing the Road Trust Fund, which he said is targeted at constructing major commercial corridors with heavy vehicular traffic, saying “This will surely open up the economy, boost our ease of doing business and also improve our ranking considerably in the annual global competitiveness report.”

He said in 2017, his company’s corporate tax, Withholding tax and education tax alone got to N97.6 billion and that he was sure that this year, “Our taxes will be over 160 billion, by next year is should be over N200 billion.

So, it is a wise thing for us to work with the government, because those roads that are not delivered on time, can actually be delivered on time and on budget, because if there is money for it, then there will be no excuse to increase cost.”

Dangote said the project that would be the largest concrete road in West Africa, has a twoyear construction period and that it would be completed on budget and ahead of schedule, adding that the road would have a minimum lifespan of 45 to 50 years.

“I want to assure your excellences that this road will be the first road we will finish ahead of schedule in the country, and it will also be finished on budget and it would be the largest concrete road in West Africa. I promise you it will be completed ahead of schedule; with this road our own name will be at stake.”

He said they would make sure that the road was done properly and delivered free of trouble, adding that on completion, the revenue of the Nigerian Ports Authority and that of Dangote and other companies doing business in Apapa would quadruple.

Meanwhile, Kuti and other stakeholders have assured that plans have been put in place to ensure that trucks are cleared out of the expressway for smooth reconstruction works.

“People are not expected to drive 100 kilometres per hour when construction work is ongoing. If they drive at 50 kilometres per hour, they will still arrive at their destinations,

and it is better to arrive safely than to speed to problems.

“I also appeal to people that anybody who has no business going to Apapa during this period should try and stay.

If we all cooperate with the contractors by obeying simple instructions to do the right thing, the project will be delivered in 24 months.

The project will be done in sections. It is not expected that the dual carriageway and the service lane will be done at the same time. While the dual carriageway is being done, the service lane will serve as a diversion for motorists and commuters.

Chairman, Amalgamation of Containers and Truck Owners Association of Nigeria, Olaleye Thompson said, “We have been having meetings with truck owners on the need to remove trucks out of the road, and they have agreed to remove their trucks out the expressway for the smooth reconstruction works on the road.”

Federal Road Safety Corps (FRSC), Lagos Sector Commander, Hyginus Omeje said they cleared the expressway when President Muhammed Buhari was coming to Lagos, adding that the trucks will be cleared out of the road this time again for smooth reconstruction period. “We did it when President Buhari was coming to Lagos. We told truck drivers not to enter Lagos that period and they obeyed. It will happen again this I assure the public.”

The Port Manager, Tin Can Island Ports, NPA, Emmanuel Akporherhe, also assured that they would improve port operations to ensure that there would be no congestion at the ports.

He stated that plans were already underway to digitalise and automate the call up system in order to free it from manipulation and compromise.

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Delta, Akwa Ibom Received Highest as FG, States, LGs Shared N8tn in 2018 The federal government, 36 states and the 774 local government councils in Nigeria shared a total sum of N8 trillion from the Federation Account in 2018 with Delta and Akwa Ibom States, receiving the highest, a report by the Economic Confidential has revealed.

The allocations were made after the monthly meetings of the Federation Account Allocation Committee (FAAC) in 2018.

The current sources of revenue flow into the Federation Account are revenue collected by agencies of the federal government with little or no contributions from states and local government councils.

While the federal government and its agencies under the administration of President Muhammadu Buhari received a total sum of N3.48 trillion, the other tiers - states and local government councils, shared a total sum of N4.5 trillion in 2018. Meanwhile, in 2017 the federal government and its agencies had received N2.5 trillion while the other tiers of government shared N3.3 trillion.

In its annual detailed investigative report with a table of figures, the Economic Confidential disclosed that among the state recipients, Delta is ranked first as the highest recipient of gross

allocation with a total sum of N285 billion in the twelve months of 2018.

It is followed by Akwa State, N272 billion; Lagos, N260 billion; Rivers, N237 billion; and Bayelsa, N192 billion.

The five states cornered over a quarter (25 per cent) of the total allocation for the states and local government councils in 2018.

Among the 10 highest recipients from the Federation Account in 2018 included Kano State, which got N183 billion; Katsina, N138 billion; Oyo, N131billion; Kaduna, N131billion; and Borno State, N122 billion.

The report further disclosed that Edo and Ondo, which are oil-producing states, got N112 billion and N108 billion, respectively, while another state in the South-south, Cross River State, received N91 billion.

It was gathered that the factors that influence allocations to states and local government councils from the Federation Account include: population, derivation, landmass, terrain, revenue effort, school enrolments, health facilities, water supply and equality of the beneficiaries.

The revenue generating agencies to the Federation Account are the Nigerian National Petroleum Corporation (NNPC), Federal Inland Revenue Service (FIRS), Nigeria

Resign Now for Lack of Competence, House Member Tells Jigawa Gov You are suffering from election defeat, Badaru fires back Ibrahim Shuaibu in Kano National Assembly member representing Gumel, Gagarawa, Maigatari and Sule Tankarkar federal constituency in Jigawa State, Sani Zorro, has called for the resignation of the state Governor, Muhammadu Badaru Abubakar, for lack of alleged competence to manage security situation in the state.

But in a swift reaction, the state government has dismissed Zorro’s call, describing the lawmaker as one who is still suffering from recent election defeat.

Zorro, who cited prevailing invasion of the state by bandits and killing of innocent villagers in the state, insisted that the governor lacked the competence to nip the criminal activities in Jigawa in the bud.

The lawmaker, who is a former President of Nigerian Union of Journalists (NUJ), told journalists in Kano at the weekend that Badaru has traveled to China for 14 times in three years on personal businesses instead of focusing on the social economic business and governance in the state.

He alleged that Badaru had invited Chinese companies which are his business partners to forceful take over farm lands in the name of industrialisation.

According to Zorro, “Badaru gave out over 20,000 hectares of lands to a Chinese company without compensation of the lands.

And when people complained

or rejected the stipend called compensation, they jailed them.

“Badaru has spent more time in China for his personal businesses than he did for Jigawa State business. He has traveled to China for 14 times in three years.

He brought Chinese companies to the state to impoverish the people more.”

Zorro alleged that the worsening security situation in Zamfara State started as a result of negligence, calling for urgent action from Jigawa State Government before the bandits take over the state.

“This was how Zamfara State governor neglect his primary responsibility for the Nigerian Governors Forum (NGF) in Abuja.

He spends more time in Abuja more than he does in Zamfara State while bandits took over his state.

“Now it has gone out of control, and we don’t want Jigawa State to get to that level. Governor Badaru spends more time outside the state now ignoring bandits’ attack in some village. We want him to resign now before it is too late,” he stated.

Meanwhile, the Jigawa State Government has dismissed Zorro’s call, describing it as the aftermath of losing election.

The state government also described the lawmaker as “a frustrated mind that have suffered defeat and total rejection from his constituency due to lack of performance at the House of Representatives.”

Customs Service (NCS) and the Department of Petroleum Resources (DPR).

The revenues come from export crude sales, domestic

crude sales, LPG, NLNG, Petroleum Profit Tax (PPT), Company Income Tax (CIT), Withholding Tax (WHT), Import Duty, Excise Duty, Royalties, gas

flared and miscellaneous oil revenue such as Oil Prospecting License and Oil Mining Licence.

The Economic Confidential, which is circulated at the monthly

meeting of the Federation Account Allocation Committee (FAAC) has been publishing the monthly FAAC figures since January 2007.

STRENGTHENING PARTNERSHIP…

L-R: Director, Research Administration and Advancement, National Open University of Nigeria (NOUN), Prof. Christine Ofulue; Director, Academic Programme, NOUN, Prof. Nebath Tanglang; Director, Research and Development, Nigerian Communications Commission (NCC), Mr. Ephraim Nwokenneya; Director, Africa Centre of Excellence on Technology-Enhanced Learning, NOUN, Prof. Grace Jokthan; and Head, Special Intervention Projects, NCC, Dr. Henry Nkemadu, during a courtesy visit by the NOUN team to the headquarters of the NCC in Abuja…weekend.

Killing of Korean at LADOL Free Zone Deliberate, Samsung Insists Eromosele Abiodun Samsung Heavy Industries Nigeria (SHIN) has described as false the claims by LADOL and the Nigeria Security and Civil Defence Corps (NSCDC) that the shooting of a Korean employee at LADOL free zone by an operative of NSCDC was in error.

Speaking to journalists in Lagos on the shooting, which claimed the lives of the Korean and an operative of NSCDC, the Managing Director of SHIN, Mr. Jejin Jeon stated that the LADOL guard fired deliberately at his NSCDC colleague, killing him with three shots at the scene, before moving away to a different location where he also deliberately shot the Korean employee that had been working in a crawler crane within the SHI-MCI yard.

Jeon who also showed journalists video evidence of the incident to back his claim, stated that the statement by the Commandant General of NSCDC Mohammed Abdullahi Gana, that the NSCDC guard opened fire “in error” was also false, insisting that the shooting

was a deliberate and unprovoked attack.

He recalled that after the killings, the gunman then made his way to the front gate of the SHI-MCI yard where he threatened SHI-MCI’s unarmed guards and demanded to pass the gate, adding that the shootings could not have been accidental.

He also faulted the press statement issued by LADOL where it claimed that the Korean employee was in a “stable condition,” when the employee had already died.

Jeon stated that LADOL’s statement that he was in a “stable condition” issued after the SHI-MCI employee had already tragically died was a deliberate attempt to downplay the seriousness of the matter.

“Thirdly, LADOL falsely stated that they were providing ‘every support we can to those impacted and their families.’ LADOL have provided no support to the Korean employee, or to his family or to SHI-MCI since the incident. They made no communication to the employee or his family whatsoever, either privately or publicly, and

have offered no other support as of now. To this date, there is no public apology to the Korean expatriate that lost his life.

“Fourthly, LADOL falsely stated that the incident was, ‘contained entirely within the fabrication and integration shipyard at LADOL.’ The gunman threatened the SHIMCI security guards at gun-point to pass the gate. He then exited the gate to the area outside the fabrication and integration yard,”Jeon explained.

On the claim by LADOL that the incident was an, “isolated incident which should not be interpreted to portray NSCDC in a poor light,”Jeon said the contrary was the case, stressing that SHI-MCI FZE had reported several security incidents to LADOL relating to disorderly and dangerous conduct of LADOL’s armed guards, and how SHI-MCI employees were vulnerable and subject to any imminent lifethreatening danger but no action was taken by LADOL following these reports and complaints.

He alleged that the provision of armed guards was imposed upon

SHI-MCI FZE by the Zone Manager, GRMFZC, and provided by its affiliate, LADOL on the grounds that external dangers might arise relating to the quay wall. ‘’SHI-MCI FZE had notified LADOL of several incidents in the past of disorderly and dangerous conduct of LADOL’s armed security guards stationed at SHI-MCI quay wall and warned that these guards posed a risk to SHI-MCI FZE employees. The complaints were ignored by LADOL”, he added.

He disclosed that SHIN would ensure that LADOL and the NSCDC are held accountable for any organisational and management failing that allowed the gunman to carry out this terrible crime in the LADOL Free Zone.

“We demand that the law enforcement agencies conduct a full investigation into this murder incident. We demand answers from LADOL as to how this employee was screened, and what protection is offered to workers within the LADOL Free Zone who are now extremely concerned for their safety and welfare,” he added.

Your List of 110 Achievements Laughable, Kogi PDP Tells Gov Yekini JimohinLokoja The Peoples Democratic Party (PDP) in Kogi State has described the ‘List of 110 Achievements’ published by the state Governor, Yahaya Bello, as a ruse, insisting that his administration assumed power to purposely loot the state’s resources.

The state chapter of the PDP in a statement issued yesterday and signed by its Publicity Secretary, Prince Bode Ogunmola, lamented that the administration in an attempt to bury its head in the shame it

found itself because of its woeful performance, is listing epitome of power shift, epitome of inconclusive electoral reform, detribalised governor, unifier governor, and breaker of ethnic jingoism as part of the 110 achievements.

“The PDP notes with disgrace that an administration would list freedom of expression in the state, destruction of intelligence gathering at the detriment of criminals, best governor in security programme, restore confidence to local and foreign investors, farmers are now

more confident than ever before, father of new direction agenda as achievements,” the statement said.

The party said the present administration which accidentally found itself in Lugard House has succeeded in looting the state’s resources.

While noting that the plan to loot the state was a grand design

by Bello, it said it began with his alleged wrongful asset declaration put at several billions of naira, with an amount that cannot be buttressed having worked as a civil servant in

Revenue Mobilisation and Fiscal Commission for about ten years.

The PDP urged the APC to apologise for making public the document containing list of achievements to include: “Farmers are now more confident than ever before, father of new direction agenda, Youth Ambassador in governance, addressed the menace of quackery in the health profession, purchased over 500 motor cycles as security outfits to reduce crimes, and constructionofArmyforwardoperation at different places in the state.

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Ooni Reafirms Igbo, Yoruba Family Ties Adedayo Akinwale in Abuja The Ooni of Ife, Oba Adeyeye Enitan Ogunwusi, has reaffirmed his position on the family ties between Yoruba and Igbo nations, saying the two major ethnic groups in Nigeria are inseparable members of the same family Ooni Ogunwusi stated this at the weekend at his Ile-Oodua palace in Ile-Ife, while receiving the Lagos state president of Ohanaeze Ndigbo, Chief Solomon Ogbonna who accompanied the delegation of African Farmers and Cultural Organisation on a courtesy visit to the palace. According to a statement by the Chief Press Secretary, (CPS), to Ooni, Moses Olafare, Oba Ogunwusi said: “I am so happy to have the President of Ohanaeze Ndigbo Lagos State President here as part of this empowerment initiative.

“Lagos is part of Yoruba land; we are all one; we are all the same; the history is there; the facts are there, and we should actually put these facts out. Why are we fighting?” “This is your root. I said it recently; some of our Yoruba kinsmen with ignorance of our history came out with nugatory bereavement of my position on the family ties between Yoruba and Igbo people. We have to say the truth and the truth must set us all free; we are blood brothers. We should be inseparable. Please, feel at home in Yoruba land and respect your Yoruba brothers and sisters too” “We still have House of Igbo right in this palace till date.

We call it Ile Igbo up till now.

Our ancestors are buried and transfigured there. That is where kolanut was first discovered and nurtured. The Igbos are still the biggest consumers and users of Kolanut, which is only planted in Yorubaland till date. Can the Igbos do without kolanut?

“The ancient Igbo House is one of the most sacred places in this palace till date. One of my brother kings – Aka Arogundabi, from Iremo quarters saw the mysteries of House of Igbo(Aka-ri-Igbo). Till date, Akarigbo of Remoland still sees House of Igbo as a common heritage of his forebears,” Ooni explained.

The African foremost monarch maintained that he is a reincarnated spirit of his ancestors, and urged the Olugbo of Ugbo in Ondo State, Oba Fredrick Akinrutan Obateru to visit the Ile Oodua in Ile-Ife for proofs and evidences on the Igbo/ Yoruba ties and also various tribes of Igbo ancestory in Ife. “We have a lot of discoveries that the Igbo and Yoruba people once lived together as one family and this will be revealed to the public.

We should look at things that connect us together not those that separate us” “I am a reincarnated spirit of our ancestors; my name is Enitan, which means a child of stories and mysteries. I had come to this world before. That’s why I am Babatunde also and I am back again to establish the truth and nothing but the truth and the truth will set us all free.”

“We are all the same. We have about four sets of sub ethnic Igbos in Yoruba land when we were all together like we have sub ethnic clan in Yoruba race.

We have the Egbas, Ijebus, Ekiti,

A group of concerned Nigerians under the name Project Nigeria First (PNF) has vowed to take the case of votes buying to the International Criminal Court (ICC) in The Hague, Netherland, saying if the president and the governors are aware that vote buying can be traced to them and punished by the ICC for crime against humanity, they would no longer support it.

The National Coordinator of PNF, Nya Etok, disclosed this in Abuja yesterday while addressing journalists on the danger vote buying could cause Nigeria and the African continent.

He said Nigerian politicians are no longer afraid of the Nigerian judiciary, but if they know that vote buying, which is a crime against humanity at the ICC, can be traced to them and punished for it, they will no longer encourage it.

According to the coordinator, “I have decided with a few like-minded people, who were part of the last election and others who were not part of the election, to take the issue of vote buying to the highest

level, not in this country, but at the ICC. “Because vote buying is a crime against humanity and we want to make it such that any president who can be traced directly or indirectly to vote buying but dodges the law in Nigeria, will not be able to dodge the law at the international level.

“Vote buying is worse than corruption. If we don’t address it, Nigeria will not only be a problem to itself but to the African continent. Vote buying is the monster that will consume Nigeria and Africa.

“Voting buying must be stopped because it is worse than Boko Haram, killer herdsmen, kidnapping and militancy put together because all of these can be addressed through institutional frame works, but vote buying compromises institutions as it brings the money bags into government.”

According to him, political parties have become agents who only exist just to make money during elections, adding that they sell forms and endorse other political parties’ candidates.

He also talked about fundamentals of which are absent in the country.

different roles and responsibilities directly from the Almighty God who sent all of the brothers to the world. The facts are there; so, it will take the deep efforts to fact find all these facts and connect all the dots together”.

“So, people that don’t know the story, I’m not trying to cast blame on anybody but if they don’t know they should ask.

They say one Igbo is different from the other, it is true we have

about four categories of Igbos; we have Igbo Ile, Igbo Oko the Iwinrin sub ethnic clan and Ado na Udu. All make up to the unified Igbo clan”.

“There were different clans of Igbos that left from Ife to establish their kingdoms. One of them rebelled back and started coming to cause mayhem in Ife (where they originally came from) and that is the Olugbo kingdom. We should all come together and forget

what happened in the past”.

“I mentioned that the Igbos started the spirit of profitability, “Aje” in Ife at Igbomekun market (known as Oja Ife too). I implore you to tell the entire Ndigbo that you did not come from Jew; the Jews came from you and that is the truth.

“Let us all reconcile differences and look at things that connect us rather than things that divide us”, Ooni added.

WELL DESERVED AWARD…

L-R:Patron, De- Zenate Club of Nigeria, Ademola Dada; Chairman/CEO, Midway Airline, Rotimi Olasode Martins; and President, De-Zenate Club of Nigeria, Sunday Oyekanmi Gbenro, during the presentation of award of recognition to Martins, at the 2019 3rd presidential dinner night of the club in Lagos…recently

Insurgency: NAF Takes Delivery of Two New Attack Helicopters Kingsley Nwezeh in Abuja

2019 General Election: GroupVows to TakeVote Buying Case to ICC Oghenevwede Ohwovoriole in Abuja

Oyo, Ondo, Itsekiris; they are all Yorubas but at the end of the day they belong to the Aku Aaro Oojiire(Omoluwabi ethnic clan).

“The Ifa corpus that brought our ancestors from Heaven were and still are Ogbe Meji, Ogbe Ofun and Ofun Meji. While Oduduwa clan had Ogbe meji, the Oranfe (Sango) and Obatala clans had Ogbe Ofun and Ofun Meji; respectively. Our generations thereafter became intertwined with

The Nigerian Air Force (NAF) has said it has taken delivery of two attack helicopters.

A statement issued last night by NAF’s Spokesman, Air Commodore Ibikunle Daramola, said the helicopters were being assembled for induction in the forthcoming NAF Day celebration.

“The Nigerian Air Force (NAF) has taken delivery of

two Agusta 109 Power attack helicopters, which are currently being assembled for induction during the forthcoming 2019 NAF Day Celebration taking place in Abuja from 27 - 29 April 2019,” the statement explained.

The statement quoted the Chief of Air Staff, Air Marshal Sadique Abubakar, who made the disclosure in Maiduguri, Borno State capital, during a luncheon with troops of

the Air Task Force (ATF) Operation LAFIYA DOLE (OPLD) to mark the Easter celebrations.

The luncheon, which is in keeping with the Chief of Air Staff’s tradition of celebrating festive periods with frontline troops, afforded him the opportunity to interact with the troops in an informal setting to appreciate them for their sacrifices in the fight against insurgency, thereby

boosting their morale while also filling the void created by their inability to celebrate the season with their families.

He specially commended the Commander, officers, airmen and airwomen of the ATF for the successes recorded in the fight against the terrorists within the OPLD Theatre as well as in the Multi-National Joint Task Force Operation YANCIN TAFKI.

FAAC Disbursed N1.92tn to Three Tiers of Govt in Q1, Says NBS The Federation Account Allocation Committee (FAAC) has disbursed N1.92 trillion to three tiers of government in first quarter of 2019, according to the National Bureau of Statistics (NBS).

The NBS said this in FACC monthly allocation for January, February and March, 2019 Disbursement statistics published on its website and analysed by the News Agency of Nigeria (NAN) yesterday in Abuja.

The bureau said FAAC disbursed N649.19 billion to the three tiers of government in

January, 2019; N660.37 billion in February while the sum of 619.86 was distributed to the three tiers in March.

Out of the N1.92 trillion, the federal government got N803.18 billion in the quarter, states received N530.14 billion while the local governments received N398.43 billion.

The breakdown showed that the federal government received N270.17 billion in January, N275.33 billion in February and N257.68 billion in March.

States received N178.04 billion

in January, N182.17 billion and N169.93 in March while the local governments received N133.83 billion in January, N136.88 billion and N127.72 billion in March.

In addition, the report said the amount disbursed in January comprised N547.46 billion from the Statutory Account, N100.76 billion from Valued Added Tax (VAT) and N976.53 million exchange gain differences.

The sum of N45.36 billion was shared among the oil producing states as 13 per cent derivation fund in the month.

Revenue generating agencies such as Nigeria Customs Service (NCS), Federal Inland Revenue Service (FIRS) and Department of Petroleum Resources (DPR) received N4.69 billion, N4.04 billion and N8.04 billion respectively as cost of revenue collections.

Further breakdown of revenue allocation distribution to the federal government revealed that the sum of N216.57 billion was disbursed to the federal government’s consolidated revenue account.

Pope Called Buhari on Leah Sharibu’s Matter, Says Catholic Bishop Pope Francis has waded into the case of Leah Sharibu, a schoolgirl abducted by a faction of Boko Haram at Dapchi village, Yobe State over a year ago.

The Catholic Bishop of Nnewi, Most Rev. Hilary Okeke disclosed this to journalists yesterday in Nnewi, Anambra State.

While expressing optimism that

Leah and others in similar fate would be rescued, Okeke said the Nigerian Catholic bishops were not relenting in that respect.

He said, “The Catholic Bishops Conference of Nigeria had formally involved the Holy father, Pope Francis on the matter.

“The papacy has reached out to President Muhammadu

Buhari on the issue. So, we are not relenting.”

He condemned what he called the rising spate of idol worship and neo-paganism among Nigerian Christians.

He urged Christians to return to God by doing away with idolatry in every ramification.

Acknowledging that the people

had traditional and cultural practices before the advent of Christianity, the bishop noted that most of such practices had been refined by the church.

He added, “That is the reason the church accepts only culture and traditions that have no form of idolatry. Idolatry remains the greatest sin against God.”

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Group Sports Editor: Duro Ikhazuagbe Email: duro.ikhazuagbe@thisdaylive.com 08111813083

AFCON 2019

Rohr Insists on Uzoho Between the Sticks for Eagles Femi Solaja with agency reports Even as pressure continues to mount on Super Eagles Head Coach, Gernot Rohr to have a rethink on his number one choice goalkeeper for Nigeria to the 2019 Africa Cup of Nations in Egypt this summer, the FrancoGerman tactician has ruled out a change in his approach heading into the tournament.

The three-time African champions have struggled to fill the void created by the shock retirement of the country’s most capped player, goalkeeper Vincent Enyeama in 2015, and the exit of replacement Carl Ikeme due to leukemia.

Stakeholders in the country’s football have however expressed reservations over the ‘average’ performance of Uzoho at the last World Cup finals in Russia and have called on the coach to look into direction of other goalkeepers around the world but the German mentor has backed his goalkeeping trio to keep their places in the squad for continental showpiece.

Uzoho’s fellow Super Eagles shot-stopper Daniel Akpeyi has himself fallen in and out of contention at Absa Premiership club Kaizer Chiefs, but despite admitting his goalkeeping concerns, Rohr is not about to call-up another goalkeeper.

“We have a little challenge because our young goalkeeper Uzoho has not really played at his club this season,” Rohr told BBC Sport.

“Uzoho made one mistake in the last qualifier (against Seychelles) but we gave him a chance with the youth under-23 and it was good for his confidence.

“Daniel Akpeyi is playing now for a big team in South Africa and doing very well. Our third goalkeeper Ikechukwu Ezenwa too is good so we can work harder with them.

“We have a good spirit as a team since the World Cup, so there’s no time to bring in new players,” Rohr concluded.

Nigeria makes a return to the Africa Cup of Nations this year, having missed the last two tournaments.

Meanwhile, Zimbabwe is in the process of negotiating friendly with the Super Eagles and the Bafana Bafana of South Africa in their build up to the continental show piece.

Zimbabwe FA President Felton Kamambo, in an interview with Herald Newspapers sad plans for a warm-up game against Bafana Bafana are at an advanced stage, while they are also angling for another match against Nigeria.

The date for the match against Bafana Bafana has already been set for May 26, while engagements with Nigeria are yet to reveal

Francis Uzoho in action during on of Super Eagles’ training session at the last World Cup finals in Russia

anything.

Kamambo also said they are also courting a third team to play before they head to Egypt for the tournament, which runs from June 21 to July 19.

“We are serious in our preparations for the Afcon tournament and we have quite a number of plans in place, some that I cannot talk about at the moment because of contractual agreements that

first have to be met before going public,” Kamambo told The Herald.

“In terms of serious friendly matches, we actually have one against South Africa that we hope will come to fruition because plans are at an advanced stage.

“This is part of a joint sendoff ceremony that we hope to have together with the South Africa national team that is also going to Afcon finals.

“A friendly match between the two teams will be played on the 26th of May the next day after the send-off ceremony slated for the 25th. We intend to have the friendly match here, but it is yet to be finalised.

“We will also go to Nigeria where we intend to play a game in Nigeria, but that is yet to be confirmed. We are still working on contractual agreements.

“I think we will play three serious friendly matches that will afford the coaches a chance to fine tune their squad ahead of the tournament.”

Zimbabwe are seeking to reach the AFCON knockout stage for the first time at this year’s continental showpiece.

To reach that goal the Warriors will first have to navigate Group A, in which they face hosts Egypt, DR Congo and Uganda.

NFF Shops Burkina Faso, Benin to Replace Ghana NFF to Assist Nwakali The Nigerian federation is now spectacle.

Eagles will face Africa’s highest Olawale Ajimotokan in Abuja over Visa Issue A high profile friendly between ranked country, Senegal in Egypt, holding talks with both Benin The Nigeria Football Federation (NFF) is lining up a friendly match with either Burkina Faso or Benin Republic for the Super Eagles ahead of the Africa Cup of Nations, to make up for the Stars of Ghana which have pulled out, THISDAY gathered last night.

NFF has already confirmed the

before the start of the Africa Cup of Nations in June.

The match against Ghana, originally fixed for Stephen Keshi Stadium, Asaba, was called off at the instance of the Ghanaians, who would be having their Nations Cup camping in Dubai about the same time the match is scheduled.

and Burkina Faso as replacement for Ghana.

Like Nigeria, Benin will appear at the Nations Cup, while Burkina Faso, which incidentally to the Eagles at the 2012 final in South Africa, is not among the 24 nations that will officially campaign at the continent flagship football

Nigeria and Burkina Faso was on the cards in London last year, before the World Cup in Russia.

But it was cancelled because the Burkinabe team could not secure UK visas f or the match.

Nigeria will play its Africa Cup of Nations matches in Group B along Guinea, Madagascar and Burundi.

Road Race Expert Predicts New Course Record In Okpekpe Former national 800m/1500m runner and foremost athletics coach,Anthony Osheku has predicted a new course records at the seventh edition of the IAAF silver label Okpekpe international 10km road race which holds next month in Okpekpe, Edo State.

Osheku,one of Nigeria’s top road race experts believes the 2019 IAAF road race regulations and the decision of the organisers of the Okpekpe race to seek a gold label status for the event next year will make this year’s race the best in terms of the quality of its elite field of athletes.

‘The 2019 IAAF regulations have made it compulsory for all

label races to have a minimum of six men and six women from the pool of athletes whose status corresponds to the Label being applied for.

This will ensure that a Gold Label race, for example, has at least 12 of the world’s 300 best specialists at that particular distance,’began Osheku.

‘What this means is that the seventh edition of the Okpekpe 10km road race will have at least 12 gold level running athletes in attendance,that is athletes who run 27,28 minutes consistently for men and 30,31 and 32 minutes for women.

‘The last time we had athletes who ran under 29 minutes for men and 33 minutes for women

was five years ago,precisely 2014 when the Ethiopian duo of Teshome Mekonnen and Wude Ayalew ran 28:35 and 32:41 respectively to set the current course records for men and women,’said Osheku who hails from Fugar,a town near Okpekpe.

Osheku is also thrilled that the organisers of the race are aiming higher and wants to score another first in the organisation of road races in Nigeria.

‘I must commend organisers of the race for putting Okpekpe town,Edo state and Nigeria on the map of the world for all the good reasons.The race is the first to be granted a label

by the IAAF in West Africa and have continued to set the pace for others to follow.

‘What organisers of the race have done is significant and worthy of praise.Okpekpe race has been classified among the leading road races which,with its label status denotes high standards in event organisation, full application of the IAAF competition rules, complete support from authorities for the event, a commitment to the advancement of the sport and concrete steps in the global fight against doping.’’

This year’s race will hold on May 25 in Okpekpe,Etsako East local government area of Edo state.

The Nigeria Football Federation (NFF) has said that it is working hard to secure the visa that will enable stranded youth international Kelechi Nwakali to return to Portugal.

The 20-year-old Arsenal midfielder, who is on loan at FC Porto’s B team, is unable to leave Nigeria almost a month after playing in a qualifier for the 2020 Olympic men’s football tournament.

Officials confirmed that Nwakali was in Portugal on a single-entry visa and so now needs a renewal to return after he played on 25 March, however, the process is taking longer than they hoped.

“The federation has been working hard to get his visa sorted as quickly as possible, but it’s taken longer than expected,” NFF’s Director of Communications, Ademola Olajire told BBC Sport.

“We hope it will come out after the Easter break to enable Nwakali return to Portugal.”

He has made 16 appear-

ances this season for Porto’s reserve side, who play in the second tier of Portuguese football, but has now missed the club’s last four league matches.

A 2015 FIFA Under-17 World Cup and Golden boot winner, Nwakali was snapped up by Arsenal in August 2016 as the Gunners beat a string of Europe’s leading sides, including Manchester City, German, Dutch and Spanish clubs to his signing.

He spent time on loan at Dutch clubs VVV-Venlo and MVV Maastricht [two loan spells] between 2016 and 2018 but struggled to make a major impact, before moving to Porto in July 2018.

Back in August, he earned a call-up to the senior Nigeria squad for the 2019 Africa Cup of Nations qualifier in Seychelles, but did not play.

Nwakali did play for a Nigeria XI in a friendly against Spanish club Atletico Madrid five months before.

the third round of their duel.

Rising lightweight star, Taiwo “Esepo” Agbaje, knocked out Michael “Holy Mike” Jacobs in the first round of their challenge duel. The super bantamweight bout between Opeyemi “Sense” Agbaje and Sadiq Adeleke ended

in a draw. Jamiyu “Sunshine” Akande defeated fellow debutant Mufutau “Oloke” via a second round knockout, the same outcome as the clash between Isaac “I Star” Chukwudi and Jubril “Terrible” Olalekan, which was won by the former.

GOtv Boxing Night 18: Joe Boy Retains ABU Title Oto “Joe Boy” Joseph has successfully defended his African Boxing Union (ABU) lightweight title. The Nigerian boxer, on Sunday, saw off the feeble challenge of Ghana’s Success “Brave Warrior” Tetteh at GOtv Boxing Night 18, which

held at the Indoor Sports Hall of the Obafemi Awolowo Stadium, Ibadan. Joe Boy, miles ahead in ability, toyed with the dire Tetteh before knocking him out in the first round. In the other title fight on the night, Ridwan “Scorpion” Oyekola emerged

dethroned Taofeek “Taozon” Bisuga as the national super featherweight champion. Scorpion thrice dropped Bisuga on the canvas in a fight that ended in 46 seconds. In the light middleweight division, Akeem “Dodo” Sadiku knocked out Republic of

Benin’s Ekpresso Djamihou in the fourth round of an international challenge duel. West African Boxing Union welterweight champion, Rilwan “Baby Face” Babatunde, made an impressive return to action, dismissing Ganiyu “Energy” Kolawole in

Tuesday April 23, 2019

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Price: N250

MISSILE Sharia Council to FG

“That the security situation in the country has reached an alarming state, in addition to the North-eastern states and now states like Zamfara, Kaduna, Katsina, Taraba and Benue, where cases of kidnappers bandits and Boko Haram are unleashing terror with impunity. The efforts in tackling the situation are grossly inadequate” – The Supreme Council for Shariah in Nigeria (SCSN) lamenting the poor handling of insecurity and killings across the country by the federal government.

TUESDAY WITH REUBENABATI abati1990@gmail.com

What’s Wrong with these End-time Govs?

I

believe we all have that one family member who thinks that he or she has the right to intrude into your schedule and order you around. When they call you, they won’t give up until you pick their calls. And these people, they can call you liked a hundred times.

Send text messages. Whatsapp. Report you to the entire neighbourhood. They can be so ferocious, your phone will keep ringing non-stop, you would think the fire service is at your door. This is exactly that happened to me, for at least two hours, as I sat down to write this piece. I stubbornly refused to take the calls. Wetin? Some people can use the phone to harass and intimidate. Ki lo de? I could neither think nor write.

I had other things in mind: the defiance of the Sudanese Professionals Association, for example.

The people of Sudan want a new post-Omar al-Bashir order, a complete break from the past, by all means. They have refused to accept whatever has been offered by the military council that took over after Omar al-Bashir’s ouster. They want an immediate transition to civilian rule that is led by the people themselves not by soldiers. I am fully in support of the people of Sudan. Omar al Bashir is a shameless dictator. He deserves the place that he has now been given in the Kober Maximum Prison, the same place where he used to keep his critics and victims.

He also deserves a day before the court of justice: to answer for his crimes against humanity and the hardship he imposed on his own people.

African dictators, like Percy Shelley’s Ozymandias, believe that they are invincible but we have seen them falling one after the other and there are more that should fall: Paul Biya in Cameroon, Yoweri Museveni in Uganda, Teodoro Obiang Mbasogo in Equitorial Guinea and Idris Deby Itno in Chad. Between 1993 and 1999, our own professionals used to be like present-day Sudanese Professionals. We had the Concerned Professionals, who stood up and insisted on an immediate end to military rule in Nigeria. But that was then. Our professionals have all since taken to pepper soup and goat head, and to inanities garbed in the cloak of acquiescence and indifference. Many of them have developed pot-bellies. They have eaten their own part of the forbidden Nigerian fruit, their mouths smeared with oyel, I mean oil. And hence: Professor Pat Utomi who was one of the original minds behind the revolt of the Nigerian middle class in the mid to late 90s Nigeria is now writing a trilogy on the complicity of the Middle Class and how that Middle Class has failed Nigeria. There are lessons for the Nigerian Middle Class in what is happening in Sudan.

I also had in mind the Easter Day killings in Sri Lanka, over 290 dead and over 500 injured in what looked like a pre-meditated, organized attack on churches, guest houses, hotels and other buildings. Coming shortly after the tragedy of Notre Dame de Paris, those who argue that Christianity seems to be under assault and that our humanity is under siege may not be too far from the truth. Sri Lanka is a country with serious ethnic and religious fractures, a little trigger could throw that country back into civil war and protracted humanitarian crisis. The response of the enlightened world is in order; the blatant act of terror has been condemned from the Vatican to Nigeria’s Aso Rock.

I wondered though, how our own Aso Rock picked up the tragedy in Colombo with such emotional clarity and promptly issued a statement. On Good Friday, there were reports of Christians being killed in Katsina-Ala Local Government of Benue State as they returned from church. The Nigerian Presidency apparently

Amosun missed that, but of course Sri Lanka was in the international news networks, and our leaders in Nigeria hardly watch Nigerian news channels.

But let someone fire a shot in the West Bank, or release a report in Washington DC, or a bullet in Yemen, there will be a buzz around Nigeria. It is amazing how the yet unaddressed imbalance in the global information order leaves Nigeria constantly showing up at the lower end of the moral, governance and policy spectrum.

I was also thinking of the Sharia Council telling President Muhammadu Buhari to take national security seriously and protect Nigerian Muslims, and I thought the best message would be to insist that all Nigerian lives matter- Muslim, Christian or animist. I also read a story about the Minister of Finance saying Nigeria is mindful of its borrowings from the Chinese, Eurobond loans, the World Bank and the Africa Development Bank and how we have not even borrowed enough because we have not yet reached the threshold of borrowings within our peer group, and I felt like lamenting how poorly digested textbook knowledge sabotages Nigeria. By now, Nigeria should be tired of all these half-baked ideas about debt-to-GDP ratio, and all these power point intellectuals who get to high office after a weekend course in Harvard where they learn nothing other than the ability to do power-point magic. Their village-type, poorly exposed bosses look at the power point and they think it is magic.

Pat Utomi may need to investigate the abuse of technology as an instrument of deception and theft in policy corridors, facilitated by the complicit middle class that he is disturbed about.

My head was trying to sort out these issues, even as my phones kept ringing, buzzing and tingling. The calls would not stop. The urgency was intimidating. The persistence was offensive.

I picked.

“Yes?” “I have been calling you since. If somebody is calling you, you should pick your calls.” You know that kind of tone, sounds like the guy at the other end is holding a horse-whip and would apply it on your back, to beat the devil out of you, if you were available.

I smiled, knowing that the call will soon go off and you will be told later that the caller’s credit is finished. In Nigeria, callers don’t ever have credit on their phones, particularly if they are calling from hometowns. You ‘d have to call them back and send them phone credit later.

“Yes? Ki lo sele. I hope there is no problem. A ku odun oh. Compliments of the season. How are my children?” It always helps to be polite.

“Amosun ti tun bere oh. Amosun has started again. Jemila ori e ti jeun yo o. He is on rampage”.

“What’s the problem?” Ibikunle Amosun, also known as Senator Ibikunle Amosun (SIA) is the Governor of Ogun State, Nigeria, (20112019). Amosun ran for the Senate from Ogun Central, his Senatorial district in the 2019 general elections, and the people of that constituency decided to send him to the National Assembly which sadly has become a retirement home for former Governors who need a resting place and for all kinds of malcontents without measurable ability- the reason Nigeria’s National Assembly is progressively incompetent. Amosun also wanted to impose one of his boys as Governor of Ogun State; he even chose candidates for all the seats in the election, but the people rebuffed him.

They rejected his Gubernatorial candidate and voted majorly for the All Progressives Congress, the party that brought him, Amosun to power, and which he rejected to go and form a rival party, a platform he deployed to treacherous use in one of the most classical cases of anti-party politics. But Amosun is not giving up. He lost the election. He was humiliated, but since the elections, he appears set on a revenge mission.

“Amosun has sent caterpillars to Kuto market.

He wants to demolish all the shops including Mama’s shop. Call your sister quickly, so that they don’t destroy the shop.”

Mama means my mother. She died in 2013.

In her lifetime, she rose to be an Iyalode of one of the key groups in that market and the state.

The caller was so hysterical that her shop will be demolished. But wait a moment, if Amosun wants to demolish the entire market, it would be wrong to worry about personal spaces.

“Caterpillars are already in Kuto. They say Amosun has asked them to demolish anything in sight”, I was told.

It is barely four weeks to Governor Ibikunle Amosun’s end of tenure, but he seems to find it difficult to withdraw as Governor of the state.

His minion having lost the Gubernatorial election, he has since embarked on a desperate mission to tie the hands of the Governor-elect, Prince Dapo Abiodun. He is creating booby traps for him. He is laying land mines. If what we know is so bad, how about other acts of mischief that are not yet in the public domain? Since the Gubernatorial election of March 9 in Ogun State, Senator Ibikunle Amosun has refused to conduct himself after the fashion of a gentleman. He and his chosen candidate have refused to congratulate Dapo Abiodun, the declared winner of the election.

Instead, Amosun, using the power of incumbency has been busy appointing permanent secretaries, general managers, and board members. These new appointees are not going to work with him.

They will work with a new Governor that will be sworn in next month. Is it morally right, intelligent or correct to act so mischievously?

Amosun has also embarked on the demolition of houses and structures while announcing new projects by the state government. In Abeokuta his hometown where the people voted for him to go to the Senate because they believe he used the office of Governor to help his own Egba people, Amosun has been busy demolishing houses and shops in Adatan towards Moore junction, Adigbe, Lafenwa market and now Kuto.

The people’s interpretation is that Amosun is targeting political opponents and their areas of influence.

But his main target is Dapo Abiodun, the Governor-elect. There are uncompleted projects across the state. Amosun is not focusing on those uncompleted projects in the twilight of

his administration. He is busy destroying things and creating new problems. It may take Dapo Abiodun a whole four years to correct the damage that Amosun has created since the election of March 9. Whose interest is being served? Even President Muhammadu Buhari who may not need handover notes is asking for handover notes.

In Ogun State, Amosun has refused to set up a transition committee. The Governor-elect has a Transition Committee and 10 working groups.

But there is nobody to talk to on the other side because the Governor has refused to recognize the people’s will. Amosun can beat his chest in his wife’s presence in “the other room” and remind her that he is still the man in Ogun State – good for him- but each time he does that he should keep an eye on the clock and the timelines of history.

It is sad that our democracy in Nigeria continues to create little tyrants. Amosun is definitely not alone and this is not in any way, a partisan comment. In Oyo state, there was once upon a time a man who called himself “the constituted authority”. He too demolished buildings and punished anyone whose face he didn’t like. His name is Abiola Ajimobi. He was also once a Senator, and he became Governor. As Governor of Oyo state, he was a male version of the legendary Efunsetan Aniwura, the bad woman of Ibadan politics. Not even the Olubadan could talk to Ajimobi. He trampled on the traditional institution and surprised even his own most ardent admirers. Why and how do good men end up as villains in Nigerian politics? I have no clue yet. It is sad that in Oyo state as in Ogun state, we have been hearing stories about the outgoing Governor behaving badly. Ajimobi also wanted to go to the retirement house in the National Assembly. The people have rejected him and also rejected the candidate he wanted as his successor. Ajimobi has not been smiling since then. He too has been behaving like a China in the bull shop.

Ajimobi is just probably slightly better than the out-going Governor in Imo State, Rochas Okorocha who also wants to go to the National Assembly. INEC won’t give him a Return Certificate because INEC insists he forced the state Resident Electoral Commissioner to declare him winner under duress. Okorocha wanted his son-in-law as his successor, but the people of Imo state refused.

They voted instead for Emeka Ihedioha of the Peoples Democratic Party (PDP). In Imo state, the people have rejected Okorocha’s “Iberiberism”, whatever that means. Ihedioha should humour Okorocha after May 29, by erecting his statue at the market place so the people of Imo State will for long remember the “Iberiberism” known as Rochas Okorocha.

These are only three examples of the end-time Governors in Nigeria. Their two-term tenures have ended but they want to retain control and remain in charge. This is not the first time we would see this withdrawal syndrome on display. Power is like opium. It is addictive. Once you take it, you get hooked. End-time Governors probably deserve some kind of rehab treatment. They must learn to let go. There must be legislation banning all departing Governors from making last minute bank withdrawals, contract approvals, demolition of houses and shops, and new appointments.

The rule that a serving Governor is in power till the last minute is made for decent people, not for the types we have seen in Nigeria. The ruling All Progressives Congress (APC) should be more concerned about these rogue, end-time Governors than the politics of the 9thNational Assembly.

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